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HomeMy WebLinkAboutContract 39664rr cJ no ciry sec CaNTgAC NO� CO-NAL- RAC I Between CITY OF FORT WORTH and EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC For Excavation, Transportation and Disposal of Contaminated Soils Project DEM 09-17: SOILS Environmental Management Department December 2009 _ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/15/2009 DATE: Tuesday, December 15, 2009 REFERENCE NO.: ""C-23984 LOG NAME: 52TRV AND 121/SW PKWY CONTAMINATED SOIL SUBJECT: Authorize the Execution of a Contract with Eagle Construction and Environmental Services, LLC, in the amount of $453,053.00 for Transportation and Disposal of Contaminated Soils at 2500 Brennan Avenue for the Trinity River Vision Project and 3479 West Vickery Boulevard for the Southwest Parkway/SH 121 Tollway Project RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Eagle Construction and Environmental Services, LLC, in an amount of $453,053.00, for the transportation and disposal of contaminated soils located at 2500 Brennan Avenue for the Trinity River Vision Project and 3479 West Vickery Boulevard for the Southwest Parkway/SH 121 Tollway Project. DISCUSSION: Approximately 2,950 cubic yards of total petroleum hydrocarbons (TPH) contaminated soil have been encountered at 2500 Brennan Avenue. Environmental investigations also found approximately 15,000 cubic yards of contaminated soil containing metals, volatile organic compounds (VOCs), TPH and poly- chlorinated binphenyls (PCBs) impacted soils at 3479 West Vickery Boulevard. Both sites require proper removal and disposal of the contaminated soils in accordance with Texas Commission on Environmental Quality rules and regulations. An Invitation to Bid was issued on September 2, 2009, for the removal, transportation and disposal of contaminated soils at both project sites. Bids were received on October 1, 2009, from the following six companies: . AUI Contractors, Inc. . Eagle Construction and Environmental Services, LLC . Intercon Environmental, Inc. . Jackson Construction, Ltd. . TAS Environmental Services, LLP . USA Environment, LP Bids were evaluated based on a predetermined combination of qualitative and quantitative (point) measures to determine the recommendation for award of contract. These measures included evaluation of such factors as: legal record, experience, qualifications, performance records, cost and references. Based on the total point distribution of those measures, staff recommends award of contract to Eagle Construction and Environmental Services, LLC (Eagle). Additionally, the proposal by Eagle contained the lowest overall cost to the City for these services. The total cost of the contract shall not exceed $453,053.00. Eagle is in compliance with the City's M/WBE Ordinance by committing to the 10 percent M/WBE participation. The City's goal on this project is 10 percent. The 2500 Brennan Avenue site is located in COUNCIL DISTRICT 2 and associated with the Trinity River Vision Project. The 3479 West Vickery Boulevard site is located in COUNCIL DISTRICT 9 and associated 'WhOSOuthwest Parkway/SH 121 Tollway Project. Funding was included for the State Highway 121 T (Southwest Parkway) project in the 2007 Critical Capital Projects approved by Council in December 2006, and will be used for the portion associated with the Southwest Parkway/SH 121 Tollway Project. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available, as appropriated, of the 2007 Critical Capital Projects Fund and the Environmental Management Project Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for Citv Manaaer's Office bv:, Oriainatina Department Head: Additional Information Contact: FROM Fund/AccountlCenters C295 539120 303210000570 R101 539410 052201003000 Fernando Costa (6122) Brian Boerner (6647) Michael Gange (6569) ATTACHMENTS 1. 52try etc-bkb.doc (CFW Internal) 2. Accountina Info.pdf (CFW Internal) 3. Bond Fund Trfr - PMO.pdf (CFW Internal) 4. fundinq.pdf (CFW Internal) 5. Map of 2500 Brennan.pdf (Public) 6. Map of 3479 W Vickerv.pdf (Public) 7. MWBE Compliance Memo-DEM 09-17 Rev_ised_pdf (CFW Internal) $353,400.00 $99.653.00 STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS COUNTY OF TARRANT § CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS w PROJECT DEM 09-17 : SOILS I" This Contract is entered into by and between the City of Fort Worth, a home -rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas ("City"), acting through Fernando Costa, its duly authorized Assistant City Manager, and Eagle Construction & Environmental Services, LLC, a Texas limited liability company ("Contractor'), acting through Marc W. Walraven, its duly authorized President. WHEREAS, the City desires to enter into a contract for the characterization, excavation, loading, transportation, and proper disposal of contaminated soils from property located in the vicinity of 2500 Brennan Avenue and from property located in the vicinity of 3479 West Vickery Boulevard, Fort Worth, Texas. WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in conducting such characterization, excavation, loading, transportation, and proper disposal of contaminated impacted soils; and WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and experienced in conducting such characterization, excavation, loading, transportation, and proper disposal of contaminated soils: WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: DEFINITIONS In this contract, the following words and phrases shall be defined as follows; Citv's Representative means the Director of Environmental Management, Brian Boerner, CHMM, or his designee. CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATE - "Page 1 of DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contaminated Soil means any soil, earth, dirt, or related material found to be or suspected to be infused with petroleum substances, lead, mercury, arsenic, TCE, PCBs, or other hazardous substances, hazardous wastes, or pollutants. Contract Documents means the Invitation to Bid, attachments, pre -bid amendments, and appendices to the Invitation to Bid, the Contractor's response to the Invitation to Bid, and all ancillary documents submitted with the Contractor's response to the Invitation to Bid. 10 Contractor means Eagle Construction & Environmental Services, LLC. r Notice to Proceed means the official letter issued by the City, pursuant to the Code of the City of Fort Worth and City ordinances and policies, that authorizes Contractor to begin work. Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work. A purchase order is also considered a subcontract. 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall furnish all labor, materials, and equipment necessary for the characterization, excavation, loading, transportation, and disposal of approximately two -thousand, nine -hundred fifty (2,950) cubic yards of contaminated soil from the vicinity of 2500 Brennan Avenue, Fort Worth, Texas and approximately fifteen -thousand (15,000) cubic yards of contaminated soil from the vicinity of 3479 West Vickery Boulevard, Fort Worth, Texas. B. 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. C. Soils shall be disposed of at an approved and properly licensed TCEQ disposal facility using one of the following methods: incineration, landfilling, treatment, or fuel blending (for incinerators only); each disposal method to be conducted only at facilities fully licensed, permitted, and authorized by the applicable regulatory agencies to dispose of hazardous and other regulated materials. The parties expressly agree that fuel blending and/or incineration in a Cement Kiln shall not be allowed under this contract. D. 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 CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 2 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX of hazardous and other regulated materials. This includes but is not limited to the lawful and proper use of appropriate manifests, labeling, placarding of vehicles, and tarping of loads. E. 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. F. Soils shall be temporarily stockpiled at both locations and composite grab samples will be collected by the City for analytical laboratory testing by the City or a City -contracted laboratory for the purpose of waste characterization. G. Work hours shall be limited to 0700 to 1800 each work day which may include weekends. H. The maximum time to complete both projects shall be 30 days from the issuance of the notice to proceed by the City. Allowances or extensions of the time to complete the work due to weather may be granted at the sole discretion and determination of the City. I. The following site specific requirements, terms, and specifications shall apply: 2500 Brennan Avenue 1. The drainage channel shall be sealed along the northern edge of the project area and the accumulated storm water shall be diverted to the eastern portion of the City -owned property. 2. The cost of equipment to pump the accumulated storm water and the necessary piping and/or hose to redirect the storm water from the project site are included in the prices shown in the cost breakdown tables. 3. The approximate vector for diversion of the accumulated storm water from the northern edge of the project area is 1,200 linear feet to 1,400 linear feet to the east. 4. The excavated soils from the drainage channel shall be temporarily stockpiled adjacent to the shoulder of the drainage channel. After composite sampling and waste characterization has been completed, the soils shall then be transported off -site to the appropriate waste disposal facility. 6OFFICIAL Rq� fgFD CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED OILS- Page of DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. i° SECETARY FT WORTH, TX 5. Excavation limits of the drainage channel will generally be from 3.0 feet bgs at the northernmost edge of the project area to approximately 8.0 feet bgs at the southernmost edge of the project area. Width of the excavation will be approximately 15.0 linear feet, approximately 7.5 linear feet each direction from the centerline. This will accommodate two 6' x 8' box culverts which will replace the existing open drainage channel. 6. Silt -fencing utilized at the site may be required to be removed and relocated in order to allow for the temporary stockpiling of the excavated soils from the drainage channel. 7. Additional equipment may be utilized in the drainage channel and equipment access ramps may be constructed. 8. Accumulated water that may have been contaminated due to the exposure to the contaminated strata shall be pumped out of the project area, temporarily stored onsite, and subsequently sampled for potential waste disposal. Contaminated water identified by the laboratory analysis shall then be transported to an appropriate waste disposal facility. 9. Stockpiled materials shall to be covered with at least 6 mil poly while awaiting final waste disposal characterization. 10. Contractor warrants that it understands that the work the work on this site is to be performed in a drainage channel that is susceptible to inundation and/or flooding. It is agreed that Contractor will anticipate and take all reasonable precautions to prevent migration of contaminants or other damages as a result of water flowing in or near the drainage channel during the course of work. Reasonable measures shall include, but not be limited to monitoring weather forecasts, scheduling the work accordingly, and using work procedures and engineering controls as appropriate to the circumstances. 3479 West Vickery Safety fencing shall be required to be placed around the work site in areas where the excavation will be occurring. 2. It is not anticipated that silt fencing or sediment control will be required at this site, however applicable storm water BMPs shall be employed if conditions necessitate. 3. Stockpiled materials shall be staged on at least 6 mil poly and also covered with at least 6 mil poly. 4. Each soil excavation area shall be stockpiled separately. CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SO DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. LJ - OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX r- 5. Safety fencing shall be required to be placed around each individual stockpiled area. 6. Contractor will work in consultation with the City to identify and remove only contaminated soils, to the extent reasonable and practicable, and not to remove excessive amounts of uncontaminated soils. The City will perform all laboratory analyses to aid the Contractor in determining the physical boundaries of the contaminated soils on this site. The parties understand that the drawings, maps, and documentation in the Invitation to Bid are preliminary estimates of the contaminated soil area and that the actual boundaries of the contaminated soils to be removed can only be reasonably determined as the excavation work proceeds. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. Designate a City representative to provide timely direction to the Contractor and communicate City decisions. B. Coordinate with facilities, City departments, and any tenants for access to the site. C. The City will furnish a representative for signatory requirements for the waste manifests. D. Designate a City representative to collect composite soil samples from the excavated soils at each site. F. Samples collected shall be submitted to Accutest Gulf Coast Laboratories, LLC located at 10165 Hardin Drive, Suite 150, Houston, Texas 77036. All costs will be billed directly to the City of Fort Worth under the separate contract (CS #36477). G. The City will be responsible for shipping of the collected soil samples to the analytical laboratory for accurate waste characterization purposes. 4. TIME TO START AND TO COMPLETE THE PROJECT Contractor shall achieve substantial completion of work under this contract within (30) days from receipt of the Notice to Proceed unless an extension of time is granted (in CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED $OILS - Page 5 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. 0' :2EC®RD - CITY SECRETARY FT. WORTH, TX writing) due to inclement weather, any such determination being made in the sole judgment and discretion of the City of Fort Worth. 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 The City and Contractor agree that the total cost of this contract shall be based on the unit prices as specified in the tables below. In the event of a discrepancy between unit price and extended price, the unit price shall govern, however in no case shall the total compensation paid by the City to the Contractor exceed four hundred fifty three thousand, fifty three dollars ($453,053.00). Quantities of waste shall be evidenced by the disposal facility manifests. Table 1. Agreed prices per cubic yard for characterization, excavation, loading, transportation, and disposal of wastes characterized as Class 1 Non -hazardous. Item Estimated Quantity Unit Days to Cost Estimate Cost Complete (Extended) 2500 Brennan Avenue 2,950 $56.27 / CY 7 $165,996.50 Cubic Yards 3479 West Vickery 15,000 $54.05 / CY 18 $810,750.00 Boulevard Cubic Yards TOTAL 25 $976,746.50 CFFiCi L RECORD CITY SECRETARY FT. WORTH, TX s CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 6 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. Table 2. Agreed prices per cubic yard for characterizations, excavation, loading, transportation, and disposal of wastes characterized as Class 2 Non -hazardous. • Item Estimated Quantity Unit Days to Cost Estimate Cost Complete (Extended) 2500 Brennan Avenue 2,950 $25.34 / CY 7 $74,753.00 Cubic Yards 3479 West Vickery 15,000 $23.56 / CY 18 $353,400.00 Boulevard Cubic Yards TOTAL 25 $428,153.00 Table 3. Agreed prices for clean backfill installation, if required. Item Estimated Unit Cost Estimate Quantity Cost (Extended) 3479 West Vickery 15,000 Boulevard Cubic Yards $8.60 / CY $129,000.00 Table 4. Agreed prices for onsite storage of contaminated water from project site, if required. Item Estimated Unit Cost Estimate Quantity Cost (Extended) 2500 Brennan 5,000 Avenue Gallons $0.40 /Gal $2,000.00 Table 5. Agreed prices for disposal of contaminated water from project site, if required. Item Estimated Unit Cost Estimate Quantity Cost (Extended) 2500 Brennan 5,000 $.068 / Gal $3,400.00 Avenue Gallons do OFFICIAL RECORD CITY SECRETARY .. FT, WQ� RTH, TX CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOIL - age of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. Pe Table 6. Agreed prices for pumping surface water to be redirected from work area, if required. Item Estimated Unit Cost Estimate Quantity Cost (Extended) 2500 Brennan 30 Days $650.00 / Day $19,500.00 Avenue B. The unit prices in Tables 1 and 2 above reflect the cost to the City for performance under this contract that is agreed to as among the parties and which is dependant upon the characteristics of the waste, which shall be determined by laboratory analysis conducted on the ex -situ excavated materials. Since this process cannot be reliably conducted prior to excavation, the agreed compensation cannot be accurately predetermined. Contractor and City will work collaboratively with the goal of minimizing overall costs while fully and completely complying with professional standards and legal requirements. Contractor may submit a request for a change order and modification if an unexpectedly high proportion of Class 1 wastes are encountered. C. Authorization in the form of a written notice from the City shall be required prior to conducting any work shown in Tables 3 through 6 (backfilling excavations and pumping, storing, or diverting water), with the exception that water may be pumped, stored, or disposed of if necessary to avoid migration of contaminants and there is not adequate time to obtain the written notice from the City. D. The City will not be liable for any Contractor costs in excess of the Not -to -Exceed amount unless City has executed a duly authorized Modification to the contract. E. The City agrees to pay Contractor within thirty (30) days after completion of the requirements of this contract and receipt of correct invoices from the Contractor. 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 substantially 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 � ' � g� U CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED Sol FFI age o �RD DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC, CITY SECRETARY 4 FT. WORTH, TX and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 8. INDEMNIFICATION A. Definitions. In this paragraph, the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to the wells, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 9 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. General Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMI ATE D SOILS - Page 10 o 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. C CITY SECRETARY FT. WORTH, TX 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 $1,000,000 each occurrence; $1,000,000 aggregate CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 11 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence. EIL 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. CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 12 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX w 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 Risk Management, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 6. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 7. Deductible limits, or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 8. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Contract. 9. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments. 10. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 11. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 12. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 13. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINAtIOI!Wjk,�.� WO DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. CITY SECRETARY ..r FT. WORTH, TX 10. BONDING A. Payment and Performance Bonds. Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25,000, and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7.19-1 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 suspected hazards which are presented to persons, property and the environment by CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 14 of 2Q. DEM 09-17 - EAGLE CONSTRUCTION 6 ENVIRONMENTAL SERVICES, LLC. Obi-iCiAi_ RECORD CITY SECRETARY FT. WORTH, TX contaminated soils, both generally and with specific regard to this project. Additionally, Contractor warrants that it is aware that there is uncertainty as to the nature and extent of contamination, and the types of contaminants that may be present at the sites and that Contractor agrees to be bound by the terms of this contract despite this uncertainty. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. 12. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were — reasonably obtainable from other sources. C. If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this contract, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. D. Alternatively, if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City 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. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. E. City may terminate this Contract with or without cause upon thirty (30) days prior written notice to Contractor, provided that such termination shall be without CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 15 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. F�BR OFFICIAL RECORD CITY SECRETARY FT WORTH, TX W. 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 in progress that is completed by Contractor and accepted by the City. F. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. 13. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. 14. MODIFICATION No modification of this Contract shall be binding on Contractor or the City unless set out in writing and signed by both parties. Any changes to the scope of work or compensation must be in writing and 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. 15. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 16 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. OFFICIAL RECORD CITY SECRETARY .. FT. WORTH, TX 16. 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. 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. 17. 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. 18. 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. CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 17 of 10 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX .. 19. 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. 20. VENUE Venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas. 21. 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: Brian Boemer, CHMM, Director City of Fort Worth Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102-6311 If to the Contractor: Marc W. Walraven, President Eagle Construction & Environmental Services, LLC 9701 East Interstate Highway 20 Eastland, TX 76448 22. 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 CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Pa a 18 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX W, 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. 23. 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. 24. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 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. 25. 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 this contract and any other contract documents, then the terms of this contract shall govern. M The remainder of this page is left intentionally blank .. .. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 19 of 20 DEM 09-17 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. v. SIGNATURE PAGE FOR CONTRACT FOR TRANSPORTATION AND DISPOSAL OF CONTMINATED SOILS PROJECT DEM 09-17 : SOILS IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH BY - Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attomey CONTRACTOR Eagle Construction & Environmental Services, LLC Aakl�v BY: Marc W. Walraven President WITNESS: ATTEST : da°� IFIJRATE SEAL .cy 00o0000000 �(}� p CG Cp 0� �f A o d 'Marty rix / d 0o 00,400, City Secretary d 00 o a �'0 �`� Qppn _n,0 y .. ``�U1f11UUNpr�„ gf SEAL '`�•. :ate Sk�OJ. TEXAS OFFICiAL RECORD �FT ITY SECRETARY 'NORTH. TX CONTRACT FOR EXCAVATION, TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS - Page 20 of 20 DEM 09-11 - EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC. .r M&C e 7(��MN q l aI I S I CA 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 Environmental Management Project DEM 09-17: Soils. CONTRACTOR Eagle Construction & Environmental Services. LLC By: & MARC W. WAIRAVEN Title r nil O&CL 0- STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared .. Marc W. Walraven , 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 Eaqle Construction & Environmental Services, LLC for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office thisQ',-)� day ofil j 20 -Lc� . Nyi •,;°pYo ;,, CASSANDRA R TEWA �( l 1.Y9 s RT NotaryPublic in and for the State of Texas Notary Public, State of Texas .. .. My Commission Expires °4,', oAA;,0 June 24, 2013 uJl4.+L.-.J-..1L-.- ..1 ...WM.1 ,lJal,LdyiWAtlu.�,IMALB - no Bond No. K08236070 PAYMENT BOND THE STATE OF TEXAS I� COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, Eagle Construction & Environmental Services, LLC, hereinafter called Principal and Westchester Fire Insurance Companv , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of 3� Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of : Four -hundred fifty-tbree thousand and fifty-three dollars ($453,053.00) dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the .. payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of , 2009, a copy of which is hereto attached and made a part hereof, for the provision of characterization, excavation, loading, transportation, and proper disposal of contamioated soils from property located in the vicinity of 2500 Brennan Avenue and from property located in the vicinity of 3479 West Vickery Boulevard, Fort Worth, Texas designated as Project Number DEM 0947: Soils a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the `work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification, and contract document during the original term thereof, and any ^' extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and . shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. r- :.� PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of timo alteration .. or addition to the terms of the contract or to the work or to the specifications. .- 9 F -3 IN WITNESS WHEREOF, this instrument is executed in 3 Counterparts each one of which shall be deemed an original, this the 28 day of Decembe .100% ATTEST: (Principal) SecretaryjjM %IPPN,o t;N Vlq (SEAL) ' p?•SGAL '�2� vi ¢ ; 20M _ Z : TEXAS---fY c 200 Valleywood Dr., Ste. A450 (Address) Enewle Construction & Environmental Services. LLC Principal (4) Marc W. Walraven — President: (Printed Name/Title) 9701 East I-20 ADDRESS Eastland, Texas 76448 C1TY/STATM P Westchester Fire Insurance Company (Surety) - The Woodlands, Texas 77380 A. T TEST: (Surety) Secretary Kathleen Glover l tt,,II (SEAL) Rosalyn T. ass�11) (Printed Attorney -in -Facet) Witness as o Surety Martha Silvas T Note: Date of Bond must not be prior to date of Contract (1) Correct name gfCauraaar (2) A Cwporadon, a Parownhfp or and 1ntllvl&w4 as can may be 0) Corner Name ojSwnty (4) JfCax►=w Is parrwerAip all Padwrs s5add execute bad (S) A true copy of Power of Attorwsy shall be attached to bad by Asarn"-Fact ..r Bond No. K08236070 J PERFORMANCE BOND �j THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) Eagle Construction & Environmental Services, LLC a (2) corporation of Texas hereinafter called Principal and j Westchester Fire Insurance Company, a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of Four - hundred City -three thousand and fifty-three (S453,053.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of , 2009, a copy of which is hereto attached and made a part hereof, for the construction of - characterization, excavation, loading, transportation, and proper disposal of contaminated j� soils from property located in the vicinity of 2500 Brennan Avenue and from property located in the vicinity of 3479 West Vickery Boulevard, Fort Worth, Texas designated as Project Number DEM 09-17: Soils, a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification, and contract document during the original terra thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. J 11 u _o F am 9 - I - I - I .9 _7 � I _7 i wo IN WITNESS WHEREOF, this instrument is executed in 3 Counterparts each one of which shall be deemed an original, this the 28th day of OFE—ember 2009. ATTEST: (Principal) Secretary Coston 0p1ENVIR0, Szt SEAL U •:- x 2008 iM = p . -SAS:. O 200 Valleod Dr., Ste. A450 (Address) The Woodlands, Texas 77380 ii "ST: (Surety) Secretary na l e en Glover (SEAL) Witness urety iartna 5iivas EaLle Construction & Environmental Services, LLC Principal (4) Marc W. Walraven — President (Printed Name/Title) 9701 East I-20 ADDRESS Eastland, Texas 76448 Crff/STATIV7" Westchester Fire Insurance Company (Surety) (Attorney -in -Fact) (5) Rosalyn D. Hassell (Printed Attorney -in -Fact) Note: Date of Bond must not be prior to date of Contract (1) Corned name of Coninn*w e2) A Corpanlion, a Parmershlp or and /ndlvidual. as cote my be (3) Coma Name of Surely (a) jfConmwlor is panwersh/p all Partners should exeoal< bond (5) A i w cWy of Power of klormy shall be anoched fo bond by Atwm,y-be-Facr wo or it W, lj%;st R vm I N-IMW Air 4 the Vice Preiidaats sud l4ek!00100*41I.4 ire, cW ; WWA,g , 101kil-thto be 101 7k.C�V this NIX:- MM, into t.4, trig hand and aft k X, *u.P0WI-R 01, A 6m 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. m s 004150272 Please look for the following additional security features before accepting this document. IF NOT PRESENT, DO NOT NEGOTIATE THE DOCUMENT • Laid lines on the back of document should be in alignment or the document is not authentic - watch for cut and paste. • Microprinting - under magnification, the inside border on the front of this document should read: "Standard Register Standardized Security". • Thermochromic Ink - Standard Register mark on back of document fades from blue to clear when heat is applied. • An Artificial Watermark is present and is viewable at an angle. • Security void pattern on front if copied. *V .o IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contract Westchester Fire Insurance Company for information or to make a complaint at: ACE USA .. Claims 6600 E. Campus Circle East, Suite 200 Irving, Texas 75063 (972) 46f5-7900 (972) 4615-7645 Fax .. You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: Texas Department of Insurance P. 0. Box 149104 Austin, Texas 78714.9104 (800) 252.3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-048, Government Code, and Section 53.202, Property -Code, effective September 1,2001. MW .' INVITATION TO BID FoRTWORTH "I"Ir CITY OF FORT WORTH ENVIRONMENTAL MANAGEMENT DEPARTMENT 1000 THROCKMORTON FORT WORTH, TEXAS 76102 PROJECT: DEM 09-17: SOILS TRANSPORTATION AND DISPOSAL OF CONTAMINATED SOILS FORT WORTH, TEXAS September 2, 2009 Eagle Construction & Environmental Services, LLC Company Name 9701 East I-20 Address Eastland, Texas 76448 City, State, Zip 09/29/09 254-629-1718 Date / Telephone # TABLE OF CONTENTS INVITATION TO BID 1.1 Project Description 1.2 General Requirements 1.3 Interpretation of the Invitation to Bid 1.4 Conflicts 1.5 How to Submit a Bid 1.6 Security 1.7 Opening of Bids 1.8 Trade Secrets and Confidential Information 1.9 Bid Evaluation 1.10 Award of the Contract 1.11 Tax Exemption 1.12 Reservations 1.13 Liquidated Damages 2.0 BID DOCUMENTS 2.1 Bid Document Checklist 2.2 Acknowledgment of Receipt of Addenda 2.3 Scope of Work 2.4 Cost 2.5 Contractor Information and Qualifications 2.6 Contractor Submittals 2.7 Subcontractor Information and Qualifications 2.8 Bonds 2.9 Minority/Women Business Enterprise (MWBE) Requirements 2.10 Statement of Residency 2.11 Nondiscrimination 2.12 Prevailing Wage Rates & Davis Bacon Requirements 2.13 Insurance Certificates 2.14 Worker's Compensation Insurance Coverage 2.15 Contractor's Responsibilities 2.16 Contractor's Legal And Compliance History 2.17 Federal Supplemental Information Requirements M 1.0 INVITATION TO BID 1.1. Project Description Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary to perform the characterization, loading, transportation, and disposal of approximately 2,950 cubic yards of soil from the Brennan Service Center property and for the furnishing of all labor, materials and equipment necessary to perform the excavation, loading, and onsite staging of approximately 15,000 cubic yards of soil located near Vickery Boulevard and Kimzey Street. The MWBE participation goal for this project is percent. 1.2. General Requirements CHAPTER 252, TEXAS LOCAL GOVERNMENT CODE, "PURCHASING AND CONTRACTING m, AUTHORITY OF MUNICIPALITIES" DOES NOT APPLY TO THIS INVITATION TO BID FOR THE CHARACTERIZATION, LOADING, TRANSPORTATION, AND DISPOSAL OF APPROXIMATELY 2,950 CUBIC YARDS OF SOIL FROM THE BRENNAN SERVICE CENTER PROPERTY AND FOR THE EXCAVATION, LOADING, AND ONSITE STAGING OF APPROXIMATELY 15,000 CUBIC YARDS OF SOIL LOCATED NEAR VICKERY BOULEVARD AND KIMZEY STREET. THE CONTRACT RESULTING FROM THIS PROCESS IS "A. PROCUREMENT NECESSARY TO PRESERVE OR PROTECT THE PUBLIC HEALTH OR SAFETY OF THE MUNICIPALITY'S RESIDENTS" AS PROVIDED FOR IN SECTION 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS INVITATION TO BID FOLLOWS A PROCEDURE. ESTABLISHED BY THE CITY, HOWEVER, BECAUSE THIS REQUEST IS EXEMPT FROM CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE, THE CITY RESERVES THE RIGHT TO NEGOTIATE A CONTRACT AFTER RECEIVING ALL BIDS. THE CITY RESERVES THE RIGHT TO WAIVE ANY AND ALL IRREGULARITIES AND TO AWARD A CONTRACT IN THE BEST INTEREST OF THE CITY. Obtaining Bid Documents: Bid documents, addenda, and specifications may be obtained from the Environmental Management Department Web site at httr)://www.fortworthciov.orq/purchasing• in portable document format (PDF), or may be viewed at the Environmental Management Department, 908 Monroe Street (7"' Floor), Fort Worth, Texas 76102 during normal business hours. Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1-1 Pre -Bid Meeting: A pre -bid meeting will be held on Wednesday, September 9, 2009 at 9:30am in the 7 h Floor Conference Room of the Environmental Management Department offices located at 908 Monroe, Fort Worth, Texas. Time Bid to Remain Valid: Bids submitted in accordance with this Invitation to Bid shall remain valid for 60 days after the due date. Compliance With Laws: All Contractors shall be required to comply with: 1.2.1. Chapter 2258 of the Texas Government Code, with respect to the payment of prevailing wage rates per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth and for the Davis -Bacon Act, whichever is higher for building and construction trades; 1.2.2. Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices; 1.2.3. Fort Worth Ordinance 15530, Minority and Women Business Enterprises; and 1.2.4. The most recent revisions of applicable federal, state, and local laws, and the regulations established by the U.S. Environmental Protection Agency (EPA), the Texas Department of State Health Services (TDSHS), the Occupational Health and Safety Administration (OSHA), the Texas Commission on Environmental Quality (TCEQ), the U.S. Department of Transportation (DOT), the Texas Department of Transportation (TXDOT), the City of Fort Worth as well as any other entity that may have jurisdiction overwork being performed. 1.2.5. All other applicable federal, state and local laws. 1.3. Interpretation of the Invitation to Bid All requests for an interpretation of the Invitation to Bid must be made in writing and submitted to the Environmental Management Department, by FAX, regular mail, or email, any time up to seven (7) calendar days prior to the deadline date for submitting bids. The person submitting the request will be responsible for its prompt delivery. No oral requests for interpretation will be answered. All addenda must be submitted with the Bid in Section 2.2. It is the Contractors obligation to determine whether addenda have been issued prior to the deadline for submitting the bid. The City will not be responsible for any other explanations or interpretations. 1-2 Requests for interpretations must be submitted to: Roger Grantham Regulatory Compliance Program Environmental Management Department City of Fort Worth 1000 Throckmorton Street Fort Worth, TX, 76102-6311 Phone: 817-392-8592 FAX: 817-392-6359 Email: Roger.Grantham@fortworthgov.org Each Contractor who intends to submit a bid must e-mail the above contact with a notification of intent to submit. 1.4. Conflicts Should there be conflicts between the submitted bid and the final executed contract document; the final contract shall take precedence. 1.5. How to Submit a Bid Each Contractor must submit ONE (1) bound original and three (3) bound copies of their bid to the City. All items to complete the submittal must be included within the bid or the entire bid may be considered non -responsive and rejected in full. In case of ambiguity or lack of clarity, the City reserves the right to adopt the construction most advantageous to the City or to reject the bid in full. Bids must be submitted in a sealed envelope, addressed to the City of Fort Worth Purchasing Division, 1000 Throckmorton St., Fort Worth, Texas 76102-6311. Bids must be received by the Purchasing Division no later than 1:30 p.m. on Thursday, October 1, 2009. The project number must be clearly marked on the envelope and the statement "BID DOCUMENTS ENCLOSED, DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 p.m. on Thursday, October 1, 2009" placed in the lower left-hand corner of the envelope in which the documents are delivered. If the documents are placed in an envelope that is contained inside another envelope, the statement shall be placed on the outermost envelope. Late bids will be returned. They will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. NO FAXED BIDS WILL BE ACCEPTED 1.6. Security Bids must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project Contract. This bond will serve as a guarantee 1-3 aw that the successful Contractor will enter into an agreement with the City to perform the project. The City will only accept sureties duly qualified and authorized by the State of Texas as corporate sureties to act as bonding entities. Personal sureties are unacceptable. 1.7. Opening of Bids Bids will be read aloud at 2:00 P.M. on Thursday, October 1, 2009, in the Fort Worth City Council Chambers. 1.8. Trade Secrets and Confidential Information All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. However, the City will endeavor to protect from disclosure any information in the bids that is subject to the trade secrets exception of the Public Information Act under §552.110 of the Texas Government Code or the confidential information exception under §552.101 of the Texas Government Code. It is the responsibility of the Contractor to clearly mark as such any information they deem trade secret or confidential. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure of a Contractor to identify trade secret and confidential information in its bid will result in all unmarked sections being deemed non-proprietary and available upon public request. 1.9. Bid Evaluation The City will award a contract to the bidder who provides services at the best value to the City. In determining the best value, the following criteria will be considered pursuant to Texas Local Government Code §252.043: 1.9.1.1. purchase price; 1.9.1.2. reputation of the bidder and of the bidder's goods /services; 1.9.1.3. quality of the bidder's goods or services; 1.9.1.4. extent to which the goods or services meet the City's needs; 1.9.1.5. bidder's past relationship with the City; 1.9.1.6. impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities; and 1.9.1.7. total long-term cost to the City to acquire the bidder's goods or services. The City will select the most highly qualified Bidder responding to the request based on the above criteria. The highest overall score will determine the City's first choice for the project award. The City may conduct such investigations as deemed necessary to assist in the evaluation of any Qualifications and to establish the responsibility, qualifications, and financial ability of the Provider, subcontractors, and other persons who are proposed to work on the project. 1.10. Award of the Contract The City will send a Notice of Award letter to the successful Contractors) with three (3) sets of contract documents. The successful Contractor must execute the Contract in each set and return all three sets to the City. Upon receipt of the three sets, the City will execute each set and issue one set to the successful Contractor with letters entitled Notice to Proceed. These letters authorize work to begin and invoices to be paid. 1-4 1.11. Tax Exemption The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in this bid. 1.12. Reservations The City reserves the right to reject any or all bids and waive any or all formalities. 1.13. Liquidated Damages The contractor shall achieve substantial completion of the project within the time frame stated by the contractor in section 2.4. It is anticipated that substantial completion should be achieved within 10 working days of receipt of notice to proceed. If substantial completion cannot be achieved within 10 working days, liquidated damages will be incurred in the amount of $1,000 per day. or 1-5 ML 2.0 BID DOCUMENTS Note: ALL BID DOCUMENTS MUST BE SUBMITTED IN THE SAME ORDER AS RECEIVED FROM THE CITY AND WITHIN A BOUND PACKAGE. FAILURE TO SUBMIT ALL OF THE ITEMS LISTED ON THE FOLLOWING PAGES, IN A SEALED ENVELOPE, MAY RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE. 2-1 we 2.1.13id Document Checklist All Bid Documents, including this checklist, must be completed in full and submitted in a sealed envelope, in the requested order, to be considered a responsive submittal. Bid Documents Initial if Included 1. Bid Document Checklist 2. Acknowledgement of Receipt of Addenda !CAP 3. Scope of Work `Kum 4. Cost 5. Contractor Information and Qualifications 6. Contractor Submittals 7. Subcontractor Information and Qualifications 8. Bonds 9. Minority/Women Business Enterprise Utilization Requirements 10. Statement of Residency 11. Nondiscrimination 12. Prevailing Wage Rates 13. Insurance Certificates 14. Contractor's Responsibilities 15. Contractor's Legal and Compliance History I understand that all of these 'items will be reviewed, and any items not included may result in my bid being considered non -responsive. Signature /(/lily- 4-- Name Marc W. Walraven Title President Company Eagle Construction & Environmental Services, LLC Date 09/29/09 2-2 r w 2.2.Acknowledgement of Receipt of Addenda 2.2.1. Check if applicable X The undersigned acknowledges the receipt of the following addenda to the Invitation to Bid, and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 09/22/09 (Date received) Addendum Number 2 (Date received) Addendum Number 3 (Date received) 2.2.2. Check if applicable The undersigned acknowledges the receipt of no addenda to the Invitation to Bid. CONTRACTOR: A�� Signature Marc W. Walraven Name President Title Eagle Construction & Environmental Services, LLC Company 09/29/09 Date 2-3 FORTWORTH ENVIRONMENTAL MANAGEMENT ADDENDUM TO: Interested Parties FROM: Roger Grantham, Environmental Program Manager Department of Environmental Management DATE: September 22, 2009 RE: Addendum #1 DEM 09-17: SOILS As of Tuesday, September 22, 2009, the following apply; A. The due date of October 1, 2009 remains. There will not be an extension of this due date. B. Licensing is required for the disposal facilities and applicable transporter endorsements for hazardous waste, in addition to HAZWOPER (29 CFR 1910.120) training of applicable site workers who will be involved in operations at the project site. C. Soils will be temporarily stockpiled at both locations and composite grab samples will collected for laboratory analytical testing by the CFW-contract laboratory for waste characterization purposes. D. Work hours will be from 0700 to 1800 each work day which will include weekends if desired. G. Time to complete these projects will be 30 work days from notice to proceed. F. Liquidated Damages (if required) will commence after 30 working days have occurred. Weather allowances will be considered. G. Each vendor may bid on both projects cumulatively or may just bid on either one of the project sites. IML 2500 Brennan Avenue 1. The drainage channel will need to be sealed along the northern edge of the project area and the accumulated storm water will therefore be diverted to the eastern portion of the City -owned property. 2. Considerations for equipment to pump the accumulated storm water and the necessary piping and/or hose to redirect the storm water from the project site should be calculated within the cost breakdown tables in Section 2.4. 3. Approximate distances for diversion of the accumulated storm water from the northern edge of the project area ranges from 1,200 linear feet to 1,400 linear feet to the east. 4. The excavated soils from the drainage channel will be temporarily stockpiled adjacent to the shoulder of the drainage channel. After composite sampling and waste characterization has been completed, the soils will then be transported off - site to the appropriate waste disposal facility. 5. Excavation limits of the drainage channel will generally be from 3.0 feet bgs at the northernmost edge of the project area to approximately 8.0 feet bgs at the southernmost edge of the project area. Width of the excavation will be approximately 15.0 linear feet, approximately 7.5 linear feet each direction from the centerline. This will accommodate two 6' x 8' box culverts which will replace the existing open drainage channel. _ 6. Associated silt -fencing utilized at the site may be required to be removed and relocated in order to allow for the temporary stockpiling of the excavated soils from the drainage channel. Costs should be included in Section 2.4. 7. Additional equipment may be utilized in the drainage channel and equipment access ramps may be constructed. 8. Accumulated water that may have been contaminated due to the exposure to the contaminated strata will be required to be pumped out of the project area and stored onsite and subsequently sampled in order for waste disposal considerations. Contaminated water will then be transported to the appropriate waste disposal facility. 9. Stockpiled materials will need to be covered with at least 6 mil poly while awaiting final waste disposal characterization. • Scope of Work = Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary to perform the characterization, loading, transportation, and disposal of approximately 2,950 cubic yards of soil from the Brennan Service Center property and for the furnishing of all labor, materials and equipment necessary to perform the excavation, loading, and onsite staging, characterization, loading, transportation, and disposal of approximately 15,000 cubic yards of soil located near Vickery Boulevard and Kimzey Street. i. Site Information w The impacted soils are located 2500 Brennan Avenue and 3479 West Vickery Boulevard. These sites have ample open areas for unloading equipment and loading of tractor -trailers for transportation to the appropriate disposal facility. Location Petroleum Impacted Soils 2500 Brennan The City will provide sampling analysis for use in Avenue characterization and profiling. These soils will be excavated, temporarily stockpiled for the short term to allow for accurate soil characterization, and subsequently dispatched to the appropriate waste disposal facility. Soils have identified with over 1,500 ppm TPH (C12-C28). 3479 West Vickery The City will provide sampling analysis for use in Boulevard characterization and profiling. These soils will be excavated, temporarily stockpiled onsite to allow for accurate soil characterization, and subsequently dispatched to the appropriate waste disposal facility, if needed. Cubic Yards 2,950 CY 15,000 CY "Please select the project or projects that you intend on placing a bid for consideration (place a check mark by each of the projects for which this bid is representative of): Location 2500 Brennan Avenue 3479 West Vickery Boulevard Intention to Bid Yes( ) N o ( ) Yes( ) N o ( ) no Project Coordination Contractor will be responsible for coordinating with the Environmental Ms t z. t Department, immediately after receipt of notice to proceed. The City will furnish a representative for signatory requirements for the waste manifests. • Cost The undersigned hereby proposes to furnish the equipment, labor materials, superintendence, and any other items or services necessary to complete the scope of services detailed in this Solicitation. Bids shall be firm priced offers unless otherwise specified. In the event of a discrepancy between unit price and extended price, the unit price shall govern. 1. Associated Costs for Waste Disposal as Class 1 Non - Hazardous (includes excavation and transportation) Item Estimated Quantity Unit Cost Days to Complete Cost Estimate Extended 2500 Brennan 2,950 $ 1 CY $ Avenue Cubic Yards 3479 West Vickery 15,000 �Y $ Boulevard Cubic Yards TOTAL $ 2. Associated Costs for Waste Disposal as Class 2 Non - Hazardous .(includes excavation and transportation) Item Estimated Quantity Unit Cost Days to Complete Cost Estimate Extended 2500 Brennan 2,950 $ �` $ Avenue Cubic Yards 3479 West Vickery 15,000 / CY $ Boulevard Cubic Yards TOTAL M 3. Costs for Clean Backfill Install (if required) Item Estimated Unit Cost Estimate Quantity Cost Extended 3479 West Vickery 15,000 1 CY $ Boulevard Cubic Yards 4. Costs for Onsite Storage of Contaminated Vyater from ProieCt Site (if required) Item Estimated Unit Cost Estimate Quantity Cost Extended 2500 Brennan 5,000 $ / Gal $ Avenue Gallons 5. Costs for Disposal of Contaminated Water from Project Site(if required) Item Estimated Unit Cost Estimate Quanti Cost Extended 2500 Brennan 5,000 $ 1 Gal $ Avenue Gallons 6. Costs for PumRjag Redirected Surface Water from ProieCt Siteaf required) Item Estimated Unit Cost Estimate Quantity Cost Extended 2500 Brennan 30 Days $ /Day $ Avenue Contractor shall complete all phases of work to achieve substantial completion within 30 working days of receipt of notice to proceed. no up I -A 17-1 CONTRACT2ha' OR: t Signature Marc W. Walraven Name President Title Eagle Construction & Environmental Services, LLC Company 09/29/09 Date W VICKERY STREET W B- s I TwMW-1 B-3 B-4 BB-13 TMW-5 B-20 y J B-23 I 90 B-17 8-14 10 B-2 AREA 4 50' B-21 B-1 :: :. 10 B-19 '' :. 25 � 24 ::: "�' 4' DEPTH 50' . AREA 3•ra:• { 10' DEPTH 28 �B-il 8-16 .. 65' 6-SB4 { B-6::'. AREA 2 TMW-2 B-26 B-15 120' • . . . . 2' DEPTH RUTLEDGE STREET / I TMW-6 R-22. i I/ B-30 i I I I B-36 ::.::.':..... I I I �8-12 40'.:..... B-35 B-18 AM10�4� P6-SB I I � 33 B 34 10+�Q A6S9 I AREA I j�' DEPTH V9 8-27 A6� .. *P6-SB2 I i U6=S.Bti.'FM u4rA(...:: Wn:. 1 1 i8f ...... ........ '•:A658..:":.'. r:::: r..:::... \ \ \ 220• / C6[Y1� EXCEED24G PCLz COCs EXCEEDING PCLs LFJ� LEAD MERCURY ARSENIC TCE UPROPOSED EXCAVATION (APPROX) COMMERCIAL/IN DUSTRIAL 'SOIL— • PCL LEGEND: ��� EXCEEDANCE ZONE N CE E COMMERCAILIINDUSTRIAL m�Lm. PCL {t} ENERCTIN SOIL BORING ENERCON SOIL BORING AND TEMPORARY MONITORING WELL —- — • — • —' — PROPOSED WATER LINE JACOBS SOIL BORING _ GRAVEL ROAD S E PBV SOIL BORING {-�}}}}}}{{} RAILROAD TRACKS (UPRR) 50 100 200 —��01 PBV SOIL BORING AND TEMPORARY MONITORING WELL 0 Class 3 Soil Exceedance Volume Depth Area___ Volume (ft) (sq. ft.) (cu. yds) Area 1 12 18,843 8,375 Area 2 2 5,482 406 Area 3 30 4,796 1,776 Area 4 3,093 458 Total 32,214 11,015 sq. ft. cu. yds 20%Expansion 13,218 cu. yds FORMER HOWELL INSTRUMENTS 3479 WEST VICKERY STREET FORT WORTH, TEXAS FORT WORTH r.13ENERCON COMMERCIAL/INDUSTRIAL SOIL COC PCL EXCEEDANCE PROPOSED SOIL EXCAVATION MAP PROJECT NO,, FWTHFS038 BRENNAN AVENUE DRAINAGE UPGRADE i t} 4 I `t\�, I ~ �. V _• _ 32O1t \...•. v ' -"_ .�'-r._._...__ \ I ' \ ! 4 o NORINN(K : i 1 \ /) Vl 54 r ..._ �.. D�D9 B`3 H iitl �! 1. ._.,.- 'sL4:eX1•�i �•1.. 4t,. 1��. t� ��^x---••�:...-"s�—{"�`.'�i_.; �...... ,,:_.. �_. .;t�. `.:AI.._ __ _.- _ ..'. r _...._' _ __..__.. .. _'. _�_ ...�1\�� v__. .._��-.___�. ' _.r.. "' r"-`--�,-°--�'� �� �=_=.•..--�-p=.: :�_,�—c_,�:�-.mow _--..-�, �—..�-,•1-�-�\=� _ ... s 6 _ �orr ., $�. 1. C�pL. BORE LOCATION ITYPf� i� i r ' 4 RDT a... f //' ' .•:{<, 1 % - 55'�'� - \ r y [COMO[RO END•itIM6 OESIOR DoaR�i?°;i�;�; ` T"t•`ro ,tom \ ji �.i. \� \�--....._'_'_--•_.__ -•._._ •�•_. LMVx1016lEMTAS.L1Mmu0l�R cc, M OFlM_CIMt Oi IdR CORM\� 1 A.L [LEYATIDI1 AQ HTI 1 LOCATIONS Ab6N � I • \ .,a„� - _____..�_..�...::-.:'_'•'.x' ...«_ �.. �_._.. .\ Ai 11 /ii l�l lk .,.._.. _:�..� �V'��.�(�1?f�l` O ail ' -_ _ —_� ________._ _ � --- at roRT�vdIRM [OR KI�NTf6 1lMY A11K E6 R[ AIO d LT[ PoR.; 1 1 w 0[TFJ6m06 THE FLLL [xTERK OF SOL KROFALN�AL TEOnOu[S: 3f0 - OISPOSIL K01101[11 MTi "I n: , .,,.�, . 570 9212 LF i'%6'REW BOX CIARiVERTS c2i Inman an I I "OLY" RESIDUES APPROX 2000 CY- "0 I I — ---- �TEO PDTENTIAL F1L ! I ".....-..O..q- +.. ,9,� FUTU�K�ON�RACT Ik t UF�T(ACf ADE _ �k Sao 3:1 FLL­,'�'l // i �.LEMY LOOM 1E0 SRC OKAY I T LIGHT SANDTo 041__ ' ROADMAYt v NSE_AOOSE-LiC1iY"- "- 54O _ j I r.._12.9 NSE LED i0EN5E BROWN SA -- I BRO. SILTY STIFF CRAP CLAYEY BSRµ00 CLAYEY �OAY SLI/TIY SANDY - LT EXICROuLOD _ ND OOSE•AED iF BROWN 1 p7O "3 ILEOSDEIbE AED OENSE� ( CLAYE7.__••S'i�' �. _..__._ _ J _ SILTY `i TySL-SMb SANG/GRWN AVELE CLAY I ` I CLAY yLor pro COARSE To DENSE I— IDE NED DE1�nE LIGHT I AYOP SAND i �KNS�LTAVEV'_._.._. $LTY SiP1D�� _ I O.00X II SHALE GRAVEL GRAB' LAYEY BRAY SAND IRE/yI Tp BE LT Sb _ws EL.S00 _ I GGD9 p•tA DIRK !GRAY SHALE _ GRAVEL EXC�4VA7ED Y SMIO 4 DAI* BROWN - S00 10 ! BtX , LOCATION CLAYEYYSSHALE CLAYEfY SHALE `�fl��_ VEIL OCCASIONAL DARK Y GRAY �Z+ __-_.-..._..______- G _- --- O i�-'�fCLeAYEYgASHKE �'�E�/al$T $ -SNI),'LY ` I 1-}-____ < _ -� _ S00 %6'REW CON: clARK GRAY AREA TO BEEX AVATED— I BO% CULVERTS IiUTUREj Gyp 9MC L MAYEYY SHM i90 i l(,0 m . a -4 6RNG LOCATNON._.__—....�OCCASIONAL ..__- __....._..__ „�......_ .. _.... i6D PROPOSEDI GRADE GAO -t ... V m m m I+/60I �:[ LOCATION i U + ( I I_ I1I I I I I I II I I I I I I -I I I I I I I I I I I I I I I I NO •1.00 0.00 1.00 2.00 3.00 4.00 3.00 6.00 7.00 6.00 9.O0, 2 I f FORT WORTI wale Data , hL M CITY OF FORT WORTH, TEXAS �,� m CRICEPTUAL SUBIITTIL ( mo.mllw�— : RA _ sxeer 3 SEP. 2O0B ARS aM,® �,,,,, NOT FOR C0) ,T%;p1 Gw;. 11RENNANAVENUE 4 uruL>flae lea navx hwemiox DR PERYT PURPOSESxx Anx ).r.r DOE No. Pw1�N1N ruc Ainm PREPARED IAUER THE SU'ERVBION a I I E�T1%i�+L i 1rA uL•,1 OF BfOw ARcDANEI PF.�6J39 DRAINAGE UPGRADE xx bw RFVISNTN BY I DATE I $EPTEIBER 2009 \rit. rhihit rn i-i ni i­ o/g/gnnq A-17•9s PAA • Scope of Work T Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials and equipment necessary to perform the characterization, loading, transportation, and disposal of approximately 2,950 cubic yards of soil from the Brennan Service Center property and for the furnishing of all labor, materials and equipment necessary to perform the excavation, loading, and onsite staging, characterization, loading, transportation, and disposal of approximately 15,000 cubic yards of soil located near Vickery Boulevard and Kimzey Street. Location i. Site Information The impacted soils are located 2500 Brennan Avenue and 3479 West Vickery Boulevard. These sites have ample open areas for unloading equipment and loading of tractor -trailers for transportation to the appropriate disposal facility. Petroleum Impacted Soils 2500 Brennan The City will provide sampling analysis for use in Avenue characterization and profiling. These soils will be excavated, temporarily stockpiled for the short term to allow for accurate soil characterization, and subsequently dispatched to the appropriate waste disposal facility. Soils have identified with over 1,500 ppm TPH (C12-C28). 3479 West Vickery The City will provide sampling analysis for use in Boulevard characterization and profiling. These soils will be excavated, temporarily stockpiled onsite to allow for accurate soil characterization, and subsequently dispatched to the appropriate waste disposal facility, if needed. Cubic Yards 2,950 CY 15,000 CY "Please select the project or projects that you intend on placing a bid for consideration (place a check mark by each of the projects for which this bid is representative of): Location 2500 Brennan Avenue 3479 West Vickery Boulevard Intention to Bid Yes(X) No( ) Yes (X ) No( ) 2.4.2. Project Coordination Contractor will be responsible for coordinating with the Environmental Management Department, immediately after receipt of notice to proceed. The City will furnish a representative for signatory requirements for the waste manifests. .s am ►2 ba A 2-5 as ii. Project Coordination Contractor will be responsible for coordinating with the Environmental ., Management Department, immediately after receipt of notice to proceed. The City will furnish a representative for signatory requirements for the waste manifests. • Cost The undersigned hereby proposes to furnish the equipment, labor materials, superintendence, and any other items or services necessary to complete the scope of services detailed in this Solicitation. K. Bids shall be firm priced offers unless otherwise specified. In the event of a discrepancy between unit price and extended price, the unit price shall govern. 1. Associated Costs for Waste Disposal as Class 1 Non - Hazardous (includes excavation and transportation) Item Estimated Quantity Unit Days to Cost Estimate Cost Complete (Extended) 2500Brennan 2,950 $ 56.27 /CY 7 $ 165, 996.50 Avenue Cubic Yards 3479 West Vickery 15,000 $ 54.05 / CY 18 $ 810,750.00 Boulevard Cubic Yards TOTAL 25 $ 976,746.50 2. Associated Costs for Waste Disposal as Class 2 Non - Hazardous (includes excavation and transportation) Item Estimated Quantity Unit Days to Cost Estimate Cost Complete (Extended) 2500 Brennan 2,950 $ 25.34 / CY 7 $ 74,753.00 Avenue Cubic Yards 3479 West Vickery 15,000 $ 23.56 / CY 18 $ 353,400.00 .. Boulevard Cubic Yards TOTAL 25 $ 428,153.00 3. Costs for Clean Backfill Install (if required) Item Estimated Unit Cost Estimate Quantity Cost (Extended) 3479 West Vickery 15,000 $ 8.60 / Cy $ 129,000.00 Boulevard Cubic Yards 4. Costs for Onsite Storaqe of Contaminated Water from Project Site (if required) Item Estimated Unit Cost Estimate Quantity Cost (Extended) 2500 Brennan 5,000 $ 0.40 / Gal $ 2,000.00 Avenue Gallons 5. Costs for Disposal of Contaminated Water from Project Site(if required) Item Estimated Unit Cost Estimate Quantity Cost (Extended) 2500 Brennan 5,000 $ 0.68 / Gal $ 3,400.00 Avenue Gallons 6. Costs for Pumpinq Redirected Surface Water from Project Site(if required) Item Estimated Unit Cost Estimate Quantity Cost (Extended) 2500 Brennan 30 Days $ 650. 00 / Day $ 19,500.00 Avenue Contractor shall complete all phases of work to achieve substantial completion within 30 working days of receipt of notice to proceed. CONTRACTOR: �GV Eagle Construction & Environmental Services, LLC Signature Company Marc W. Walraven 09/29/09 Name Date President Title It is Eagle's understanding that the client will analyze all samples on a 24-hour turn around basis to characterize and profile the contaminated soil. The City will be responsible for all sampling and analysis including water. Pricing is based on a single mobilization and demobilization. Pricing is based on backfilling and bucket compacting the excavation using common fill material at 3479 Vickery Blvd. Pricing does not include any geotesting/density testing. Pricing does not include providing truck liner.Pricing does not include providing any flagman or traffic control measures. The unit pricing is based on manifested truck yards and i not in -place cubic yards and it is our understanding that Eagle will be paid from the waste manifest quantity. Eagle's pricing does not include performing any survey. M 2.6. 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 this page, bound within the response. 2.6.1. 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. 2.6.2. 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 applicable asbestos -related licenses. NW 2.6.3. Bidder shall provide necessary company licenses and certifications required to complete the project: • current Texas Sales/Use Tax Certificate • current Certificate of Good Standing (Texas Secretary of States' office) 2.6.4. Bidder shall provide at least four project references similar in scope and size to that �- of this Solicitation. Each project references 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 2.6.5. 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 2-7 s EAaEt) 2.6 Contractor Information & Qualifications 2.6.1 Company Information Address Telephone Number Email Address Fax Number Local Office 9204 Hwy 287 N. W. Fort Worth, Texas 76131 817-847-1333 jtponder@ecesi.com 817-306-8086 2.6.2 Statement of Qualifications Introduction and Background Headquarters 9701 East 1-20 Eastland, Texas 76448 254-629-1718 marcw@ecesi.com 254-629-8625 Eagle Construction & Environmental Services, LLC (Eagle) is a certified small business full service Quick Facts industrial and commercial demolition, environmental Small Business Contractor remediation, specialized construction, industrial 400 Employees services and emergency response company with one 27 Years in Business goal: to turn adversity into peace of mind for our 10 Office Locations NEW clients. Over the past 27 years, Eagle has developed 27 Years Industrial Demolition a team of personnel and equipment resources capable of providing a top quality project each and every time. EAGLE'SEagle is classified 4 under NAICS Code Proven Experience with Remediation and Industrial Service 562910 Activities = • Overall lower cost (Environmental { •Confidence the project will be performed correctly the first time Remedial Actions) and • Personnel familiar with successful contract implementation meets the small •A project performed correctly the first time, every time business standard of 500 employees or less. ¢ - Majority of Services Performed In -House = + Eagle is a company of t *Overall lower cost people dedicated t0 *Streamlined, cost effective services i livern •Decreases the amount of hand-off to subcontractors and errrors inherent delivering best -value therewith services and solutions • Ensures qualified personnel are utilized on each task of each project . through innovative ow A- __—_ ..:.___.. - _. _ _ I _ _ _ . __.._. _ ...1i applications of science Innovative Approaches to Remedial Activities = and technology. Eagle *Overall lower cost is committed to the - -The breadth of Eagle's skill set is unmatched • highest standards of -Shorter duration from initial call to project completion ethical behavior and • Remedial actions such as in -place treatment to reduce disposal costs � r .. Eagle Construction & Environmental Services, LLC professional integrity as we deliver cost effective, high quality services. Eagle has an extensive base of repeating and satisfied clients, including federal, state and local governments and industrial/commercial companies. Eagle began operations in 1981 and has grown to more than $50 million in sales per year. Form of Organization and Primary Business Experience As a full service environmental company, Eagle's services cover the full range of corporate needs from the predictable and planned to the sudden emergency and disaster situations. Eagle's capabilities range from industrial demolition and environmental remediation to waste management and emergency response, with its primary business experience in industrial demolition, environmental remediation and emergency response projects. Since Eagle's founding in 1981, our experience is that the key concerns of our clients invariably involve some type of adversity; be it to disassemble large facilities while allowing the facility to continue operations, remediate various hazardous constituents, resolve safety or technical issues, restore value to their land or respond to an emergency situation. To solve these problems, Eagle is committed to doing the work right the first time, every time. y Employees, Length of Time in Business and Office Locations Eagle is successful because of its continual investment in highly trained and experienced personnel. Eagle staffs 400 people ranging from Program Managers, Project Managers, Chemists, Geologists, and Environmental Scientist to Remediation Superintendents, heavy equipment operators and environmental and demolition technicians. Eagle has been performing industrial and commercial demolition, remediation, and emergency services for over 27 years. Eagle maintains a wide array of equipment and personnel resources throughout 10 office terminal locations as follows: Eagle Office Locations Office Terminal Manager Phone Number Fax Number Email Headquarters Eastland, Texas Marc Walraven 254-629-1718 254-629-8625 marcw@ecesi.com La Porte, Texas Mark Allen 281-867-9131 281-867-9150 markallen@ecesi.com Fort Worth, Texas J.T. Ponder 817-847-1333 817-306-8086 jtponder@ecesi.com + Cibolo, Texas Mark Anderson 210-566-8366 210-566-6247 marka@ecesi.com Gonzales, LA Ferrell Brunet 225-677-7877 225-677-5474 ferrelb@ecesi.com Middletown, Ohio Darryn Warner 513-217-6593 513-217-6595 darrynw@ecesi.com ., Harriman, TN Kelly Johnson 865-882-7717 865-882-7719 kellyj@ecesi.com Findlay, Ohio DJ Bays 419-425-5845 419-425-5851 djbays@ecesi.com Marion, Ohio Chris Bean 740-382-5600 740-382-9504 chrisb@ecesi.com Highland, Indiana David Estep 219-922-6660 219-922-6661 davidestep@ecesi.com Tyler, Texas Brad Cathey 903-592-9200 903-592-9211 bradc@ecesi.com w Eagle Construction & Environmental Services, LLC t Eagle also maintains contractor licenses and other specialty licenses (i.e. transportation, hazardous materials management, UST removal, etc.) in 18 states. Eagle has completed work in 48 states and within Mexico and Canada. Various licensing we maintain are identified under separate tab. Our personnel also maintain individual professional licenses (i.e. engineers, geologists, hydrogeologists, etc.). Personnel One factor setting Eagle apart from its competition is its investment in experienced personnel and continual training. Eagle currently maintains a workforce of over 400 full-time dedicated employees committed to doing work right the first time, every time. Our professional staff includes Senior Project Managers, Supervisors, Professional Geologists and Hydro Geologists, Engineers, Estimators, Principle Environmental Managers, Quality Assurance/Quality Control Managers and Site Representatives, Health and Safety Managers and Field Officers, Schedulers �. (Primavera and Microsoft Project), Remediation Supervisors, Emergency Response Supervisors, Contract Administrators, Purchasing Agents, Operators, Environmental Technicians and other personnel. Eagle's personnel not only have the experience requiredsuccessfully"There are a lot of good people working for you and I and knowledgeto q think you have put together a great team. I know perform in the environmental field, but also when I call Eagle, the job will get done right the first possess specific, working knowledge of time." remediation. Eagle has performed thousands - Ken Clark VANI�,. of remediation projects. Eagle personnel are Sr. Environmental Engineer well versed in typical planning, regulator Bell Helicopter interface, pre -mobilization submittal requirements, daily documentation of project activities, quality assurance and control requirements, scheduling, and overall project management. Eagle also maintains a staff of highly experienced personnel well versed in local, state and Federal regulations. Eagle's management team is a vital part of the key aspects of every project. Eagle's dedication to communication at all levels of the company has created innovative cost effective approaches « to each and every job. Eagle's management control system allows key personnel to be involved in key items of each task and provides a system for Eagle's management team to immediately respond to unknown events/obstacles encountered in the field. See attached Staff Matrix in section 2.5.5. Project Mirnagenzent ■ Eagle will appoint a Project Manager along with other key personnel and resources upon receipt of the awarded project. The Project Manager is responsible for coordinating efforts on pre - mobilization preparation and interface with in-house and subcontracted personnel as well as the client representative. The Project Manager coordinates with the Manager of Project Management on a weekly basis providing project updates and performing in-house schedule reviews. In turn, the Manager of Project Management provides project updates to the President/Principal-in- Charge. With regard to subcontracted portions of the work, Eagle's Project Manager is responsible for coordinating procurement of a best overall value subcontractor to perform the w a Eagle Construction & Environmental Services, LLC 0 EAG _ subcontracted work. Once documentation has been established and subcontractor selection has been made, the appointed supervisor is responsible for overseeing the subcontractor field personnel. r. With respect to field activities, Eagle will appoint a Supervisor who specializes in the type of project being performed. For example, an excavation/remediation project will receive a Supervisor who is knowledgeable and experienced with excavation and remediation services. Since demolition involves a broad spectrum of activities, Eagle will appropriately evaluate each project and assign a Supervisor with specific experience (i.e. concrete, heavy lifting, etc.). This same evaluation process is performed on all of our projects including demolitionn, industrial services, asbestos abatement and emergency response projects. Eagle Procedures for Cost Reductions • Utilizing sampling and analysis to identify waste streams and create profiles to approved disposal facilities prior to mobilization to reduce any incurred fees for rented storage containers to store waste while awaiting profile and disposal. • Identifying waste streams that can be recycled at no (or reduced) costs to the client. • Utilizing a best -value approach when selecting subcontractors to supplement Eagle's own resources. The best -value approach includes selecting the most qualified subcontractor for the specific job tasks at the lowest costs. • Properly planning the work and working the plan including frequent meetings and communications with the PM allowing Eagle to make necessary changes to increase productivity and quality on -site. go � The Supervisor is responsible for the day to day operations including oversight of the field staff (operators, technicians, etc.) and subcontractors that may be employed. The Supervisor will report to the Project Manager on a daily basis. Although receiving information directly from the Supervisor, the Project Manager is required to communicate with the other key personnel to ensure work is being performed in accordance within the specifications set forth and other governing regulations. Dependent on the size and complexity of the project, Eagle's Supervisor may serve as the onsite Health and Safety Representative. Each Supervisor is well versed in Eagle's safety policies and procedures and day to day implementation of such. Prior to the start of each workday, the Supervisor will hold an on -site tailgate meeting to outline health and safety _ issues and daily project goals and any concerns of the client's on -site representative. Upon completion of each workday, the Supervisor will meet with the client's on -site representative to discuss the items covered in the on -site tailgate meeting. Items of discussion will include any new health and safety issues, daily project goal evaluation, satisfaction of the client's on -site representative and daily cost breakdowns. This information will be relayed each day from the Supervisor to the Project Manager. Other subject matter experts such as geologists, engineers, quality assurance managers/representatives, industrial hygienists, health and safety managers, etc. that are required will report to the Project Manager on project specific matters. The following organizational chart shows general company structure and reporting. E Eagle Construction & Environmental Services, LLC Remediation and Industrial Services Capabilities Remediation Capabilities ow Eagle possesses extensive capabilities and experience in the remediation of contaminated and environmentally impaired sites, as well as cleanup, handling and disposal of hazardous materials. The key advantage Eagle offers is our ability to provide an integrated approach to environmental management as well as our ability to handle all project phases from investigation through design to final cleanup. The result is enhanced control and the ability to streamline costs by employing one provider to manage and execute all phases of a project. no i W -omw Project Experience Eagle has 27 years of experience in performing remedial action projects ranging in size and complexity. Eagle's experience including hazardous waste removal, large excavation projects, drum removals, UST removals, superfund site work, and many other environmental remediation related activities. Major elements of the projects site set up including implementation of best management practices, utility locates, remedial action (i.e. excavation, in -site treatment, groundwater, treatment/removal, etc.), waste segregation and downsizing, loading, transportation, disposal, and site restoration activities project references in section 2.5.4. See Eagle maintains a large base of clients spanning both the government and private sectors. Eagle performs a large amount of work through repeat business as well as new customer work gained through marketing and word of mouth. Eagle has provided services for the following clients: 3M -Alon USA American Electric Power Arcadis Gerraghty & Miller Ashland Chemical Company Austin Energy/City of Austin Bechtel Jacobs Company BNSF Railroad BWXT Y-12 CH2M CH2M Hill Chevron Phillips Chemical Co. CITGO Petroleum Corporation Conoco Phillips CSX Railroad Department of Energy Department of the Navy Dow Chemical Company Duke Energy Explorer Pipeline Exxon Mobile FedEx Fina Oil and Chemical Company Flour Daniel General Electric Halliburton Energy Services, Inc. Lone Star Steel Marathon Ashland Petroleum Motorola National Semiconductor Norfolk Southern Railroad Eagle Construction & Environmental Services, LLC Occidental Chemical Corporation Parkland Health & Hospital System Phelps Dodge Corporation Peterbilt Proctor & Gamble Samsung Shell Refinery Company Tetra Tech Texas Electric Cooperative Trinity Industries Union Pacific Railroad UPS URS Van Cleve and Elder Waste management Eagle currently owns and maintains in excess of $18M worth of field equipment assets ranging from small tools such as generators, pumps, and compressors to heavy equipment such as dozers, excavators with various attachments (hammers, shears, grapples, thumbs, buckets, etc.), front- end loaders, backhoes, skidsteers, maintainers, tractors, man -lifts, vacuum trucks, air movers, dump trucks, roll -off trucks, and roll -off containers. Eagle also owns a company airplane for rapid deployment of resources to emergency and expedited situations as well as periodic ,.. management and health and safety field inspections of projects. Eagle continually invests in state-of-the-art equipment to ensure that work is being performed as safely and efficiently as possible. Health and Safety Program. Eagle considers health and safety the most important function on every project we perform. Eagle is committed to maintaining our zero incident policy. Safety does not just begin when you mobilize to the project site; it begins upon award of the project. Eagle has worked hard and successfully developed a company mindset that safety is first. All of our employees from the President to the field technicians are responsible for safety; not only their own, but their co- workers, our clients and the surrounding environment. In order to successfully implement practical safety that works, Eagle begins with the pre - mobilization phase of the project in order to allow our personnel to "Plan the Work, and Work the Plan". The pre -mobilization phase typically will consist of preparing required submittals in accordance with the contract or scope of work. These documents may be in-house or submitted to the client dependent upon contract requirements. Eagle maintains a database of similar documents that will allow quick preparation and eliminate lost time due to multiple review cycles. The pre -mobilization submittal process is key in effectively establishing an Integrated Safety Management System into the project. Eagle will incorporate safety and quality into the work process before the work starts. Each key submittal is prepared with safety and quality in mind. Prior to beginning the submittal preparation process, the assigned key personnel will perform a document review including, but not limited to, provided characterization data, facility photos, drawings, and the contract documents. Following document review, a site inspection will be performed to evaluate the worksite. Documentation review and the site inspection assist the key personnel with the following: ■ Familiarize with the scope of work ■ Evaluate hazards associated with the work ■ Determine if data gaps are present in any characterization data provided ■ Attempt to identify major issues prior to beginning work • Prepare outline for key submittals a Eagle Construction & Environmental Services, LLC Following the above preparation activities, Eagle key personnel begin to prepare the required pre -mobilization submittals. Key pre -mobilization submittals typically include the following: ' ' ■ Work Plan. Defines the scope of work and outlines details associated with key phases of work including mobilization, site preparation, deactivation, demolition, site restoration and demobilization. Written by Project Manager and Supervisor. J o'INORNSAFELr ■ Waste Management Plan. Discusses waste streams 'd�lem a ' associated with the project. Outlines characterization conmis requirements to meet the Waste Acceptance Criteria (WAC) at various disposal facilities. Identifies anticipated quantities and container/packaging ISMS Functions are integrated into requirements. Written by the Project Manager and work planning and execution Waste Disposal Coordinators. • Transportation Plan. Describes over the road packaging requirements, DOT inspection requirements, transportation routes, etc. Written by the Project Manager and Supervisor. ■ Task Speeirie Safety and Health Plan. Outlines a task specific approach to safety for the project. Written by the ES&H Manager. ■ Activity Hazard Assessments (AHAs). Outlines hazards, causes and protective measure for specific activities. Reviewed in Plan of the Day (POD) meetings for current work activities. Written by the ES&H Manager with input from the Project Manager, field supervision and field craft. ■ Subpart T Engineering Survey. Describes facility conditions and safety concerns associated with entering and working in and around structures. Conducted by the Supervisor, Project Manager and Health and Safety personnel. Required by 29 CFR 1926, Subpart T — Demolition, Section 850(a), which states, "prior to permitting employees to start demolition operations, an engineering survey will be made, by a competent person (i.e. one who practices engineering and is currently registered in the State) of the structured to determine the condition of the framing, floors, and walls, and possibility of unplanned collapse of any portion of the structure. Any adjacent structure where employees may be exposed will also be similarly checked." ■ Outlines quality related items associated with the project including surveillances and inspections, equipment receipt, submittal preparation and review, document control, procurement, establishment of QA hold points, training matrix and training surveillances on all project personnel, and many other quality related items. Prepared by the Quality Assurance Manager. Worker feedback. Prior to submitting the pre -mobilization documents to our clients, Eagle may review the documents with various field craft. This input adds functionality to the documents. Management Review Meeting. Upon review and approval of all required pre -mobilization W submittals, Eagle will conduct a management review or pre -construction meeting with the client. The meeting will establish Eagle's readiness to proceed with fieldwork. Key topics will consist of the following: `- o Safety Topic o Detailed Discussion of Next 3 Weeks Eagle Construction & Environmental Services, LLC o Introduction of Key Personnel o Waste Management Activities o Preparation for Work Activities o Quality Assurance Activities o Submittals o Safety Related Items - Submittal Register Review (discuss status 2 documents) o Sequence of Events (Schedule Review) Eagle will conduct daily Plan of the Day (POD) meeting to cover specific work activities and associated hazards. Each meeting will start with a sla t o ), m i n u l c followed by a craft safety minute (craft is randomly selected). This creates an atmosphere of involvement for craft personnel and gets them thinking safety. The safety minutes are followed by a work improvement minute that allows craft to participate in providing the Eagle management team with feedback on improving worker safety and/or work methods. The worker improvement minute provides Eagle management with an aspect that may not otherwise be seen. In the field, Eagle's Supervisor or appointed Health and Safety representative serves as the main point for health and safety functions including insuring that our personnel are performing the work in accordance with the established health and safety policies and procedures. Again, Eagle is committed to safety and is constantly looking for ways to insure each project is VP conducted in the safest manner as possible. Shall Business Utilization Eagle understands the importance of and is committed to diversity in minority participation. Eagle evaluates every subcontracted opportunity as an avenue to create diversity and strengthen business relationships with minority contractors. Existing Programs In order to facilitate communication with minority, disabled and other disadvantaged business enterprises, Eagle has established procurement principals to assist procurement agents and project managers with the means and methods to affectively contact and receive quotes from disadvantaged businesses. The principals are as follows: • Determine subcontractor needs for each project • Evaluate previous procurement records for previously utilized disadvantaged business in the area of the required resource • Evaluate local, state, and federal lists (typically internet based) for certified disadvantaged businesses • Contact the disadvantaged business via phone, email, or fax with information regarding the subcontracted opportunity and request intent to bid • Work with the disadvantaged business to obtain a competitive quote r • Compare disadvantaged business proposals with others to determine best overall value with value being placed on the disadvantaged status • Make award based on best overall value Eagle maintains working relationships with multiple disadvantaged businesses. For example, Eagle is involved in a joint venture with a disabled veteran company. Eagle is also involved in r Eagle Construction. & Environmental Services, LLC %.e 4:t EAG* mentor -protege programs serving as a mentor to disadvantaged business enterprises. Eagle's Cotnrnittnent Eagle's past performance, quality personnel, equipment portfolio, and versatile services demonstrate the capacity and capability of Eagle to provide services for any of your project needs. Eagle is able to streamline management procedures and provide our clients with greater cost control, timely performance, and sole points of contact for improved communication, interfacing with regulators, and conforming to specifications. Eagle's ability to utilize direct communication channels to monitor personnel and the progress of work creates a safe and efficient working environment and eliminates inter -team delays. SL inmarV Eagle is a company where quality and value matters. We deliver to our clients the best -value services and solutions, the first time, every time. Eagle's commitment to the highest standards of safety, quality, ethics and value make us a step above the rest. As a full service environmental company, our comprehensive services cover the full range of our clients needs, from the predictable and planned to the emergency and disastrous. Eagle Construction & Environmental Services, LLC i Licenses and Certifications Eagle is a licensed UST Contractor, Hazardous Waste Transporter, and an LPST Corrective Action Specialist. Eagle is qualified to perform work in Texas, Oklahoma, Arkansas, New Mexico, Arizona, Louisiana, Mississippi, Georgia, Alabama, Florida, Ohio, Tennessee, Kentucky, Maryland, Indiana, Illinois, North Carolina, South Carolina and Colorado. i Texas licenses held by Eagle are listed as follows and attached along with Eagle's Texas Sales/Use Tax Certificate and Certificate of Good Standing from the Texas Secretary of State: TEXAS TCEQ Sludge Transporter ID NO. 24078 EXP. 08/31/10 TCEQ Industrial & Hazardous Reg. No. 41981— Region 4 EPA No Exp. Date Waste Transporter No. TXD982552374/Region 4 TCEQ LPST Corrective Action Reg. No. CS0000124 Exp. 04/08/12 Specialist TCEQ UST Contractor Reg. No. Pending Approval Exp. TBD Motor Carrier Permit No. NC670682 Exp. 01/31/10 TDH Asbestos Transporter Transport No. 400407 Exp. 01/25/11 USDOT Hazardous Materials Reg. No. 111108 550 010QR Exp. 06/30/10 Registration Texas General Land Office Discharge Cleanup Organization Exp. 03/27/12 Certificate No. 99-002 Eagle Construction & Environmental Services, LLC No 04/01/2009 14:41 FAX Buddy Garcia, Chairman Larry R. Soward, Commissioner a'1 �.r Bryan W. Shaw, Ph.D., Commissioner w' Mark R. Vickery, P.C., Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texasi�ljjrxT,Ctjenting Pollution MS. NANCY VINSON EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LLC PO BOX 872 EASTLAND, TX 76448-0872 Re: Sludge Transportation Registration EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES Registration Number: 24078 CN603440306 RN105157358 Dear Ms. Vinson: C. UZU/UZU The Section Manager of the Registration and Reporting Section has issued the enclosed registration in accordance with Title 30 of the Texas Administrative Code (30 TAC) Chapter 312 Subchapter 0. This action is taken under authority delegated by the Executive Director of the Texas Commission on Environmental Quality. :) Issuance of this registration is not an acknowledgment regarding compliance of your operation with state and federal rules and regulations. Failure to comply with all rules and regulations may result in enforcement action and/or the revocation of your registration. Your registration number is required to appear on all tanks and containers used for the collection and transportation of sewage sludge and similar waste. It should also be used on all correspondence regarding your sludge registration. A copy of your sludge transporter registration, a copy of your application for registration and copies of all amendments to this registration must be available at all times and at all locations where business is being transacted under this registration, including all motorized vehicles operated under this registration. If you have any questions or comments, please contact the Sludge Transporter Registration Program at (512) 239-3695. Sincerely, Vanessa J. Schiller, Manager Registration and Reporting Section Permitting and Registration Support Division VJS/cej Enclosures cc. TCEQ Region 3 Office, Abilene P.O. Box 13087 0 Austin, Texas 78711-3087 9 512-239-1000 0 Internet address: www.tceq.state.tx.us --.rr,nn����e.1• li"" - 0009 14:39 FAX 003/020 S1gTr L;?, Lj D -7 elW1 Kit - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY SLUDGE TRANSPORTER REGISTRATION Registration Number: 24078 CN603440306 RN105157358 A N4p u 1/23/2009 For the Con nission Company: Regulated Entity: Business Type: County: Raul waste from TX to another state?: EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LLC EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES OTHER Eastland Physical Address: 9701 IH 20 E EASTLAND, TX 76448-5615 Mailing Address: PO BOX 872 EASTLAND, TX 76448-0872 Sticker Numbers issued: 3828 3829 3830 3838 3839 3840 3848 3849 3850 sh 3858 3859 3860 Last Update: 1/22/2009 Expiration Date: 8/31/2010 Status: ACTIVE Registered Since: 1/21/2009 Region: 3 Maul waste from another state to TX?: Contact Information: Contact: MS. NANCY VINSON Phone: 254-629-1718 Ext: Fax: 254-629-8625 ,,.- E-Mail: nanccyv fcom The stickers listed below will expire on 8131/2010Qy�r�� 3831 3832 3833 3834 3835 C,0�p3836 3837 3841 3842 3843 3844 3845 3846 3847 3851 3852 3853 3854 3855 3856 3857 3861 This Is your repistratlon which reflects the information submitted on your application to the Register or Renew as a Transporter of Municipal Sludge(s) and Similar Wastes. Requirements for transportation are provided In accordance with 30 TAC Chapter 312. issuance of this registration is not admowledgement by the TCEQ that your operation is in full compliance with the rules and regulations of the TCEQ. Changes or additions referred to this notice require written notification to the TCEQ. Please keep a copy of this registration in every vehicle transporting sludge and all locations where ■ business is being transacted under this registration. R� t' + IHW020 **" TEXAS COMMISSION ON ENVIRONMENTAL QUALITY *+* Page: 1 Notice of Registration Date: 04/09/09 Industrial and Hazardous Waste 41981 Eagle Construction and Environmental Services LLC Solid Waste Registration Number; 41981 EPA Id: TX0982552374 Company Name: Eagle Construction and Environmental Services LLC Region: 4 Initial Registration Date: 07/09/1992 Site Name: Eagle Construction and Environmental Services County: 220 Tarrant Last Amendment Date: 12/29/2008 Site Location: 9204 US Highway 287, Fort Worth, TX Land Type: Last Date NOR Computer update: 01/26/2009 Primary Contact: Clay, Rob Title: Transportation Manager Phone: 1-800-336-0909 or 817-847-133 Mailing Address: PO Box 872 Site Street Address: 9204 US Highway 287 Eastland, TX 76448 Fort Worth, TX 76131-3029 Registration Status; Active Registration Type: Transporter Transporter Type: For hire Transport Wst Class: 1 H NAICS Code: 484110 General Freight Trucking, Local Tax Identification #: 320382145 Handler Status: Operator Information Owner Information Name: Eagle Construction and Environmental Services LLC Name: Eagle Construction and Environmental Services LLC Phone: 254-629-1718 ex 212 Phone: 254-629-1718 ex 212 Address: PO Box 872 Address: PO Box 872 Eastland, TX, 76448 Eastland, TX, 76448 Billing Contact: Title: Phone: Billing Address: As of 12/29/2008 - the next unassigned sequence number for WASTES is 0001 and the next unassigned sequence number for UNITS is 001. t I 1 _ TEXAS COMMISSION ON ENVIRONMENTAL. QUALITY 0 - w o Be it known that EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LLC has fuCfiffed the requirements in accordance with the Caws of the State of Texas for LPST CORRECTIVE ACTION SPECIALIST .� Registration Number: CS0000124 Issue Date: 04/08/2009 iration Date: EXecutive Director 04/08/2012 2e,Xas Commission on Environment City oh�Wh��" rr�rh�rWrlhh'rrh� _ TExAS COMMISSION ON ENVIRONMENTAL QUALITY Be it known that EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LLC has fulfilled the requirements in accordance with the laws of the State of texas for Registration Number: Issue Date: Expiration Date: CR0000068 06/19/2009 06/30/2012 UST CONTRACTOR gau EXecu2 T&W Commission o ul _'1g Ifihi'r�ti�Wlr'truyrWie�G 1NY +�W�ihhl�r i Wi d�SurlhlhuWOil��,rlf(rh Wrr� hh�uwaeWWdljililrh&rhl)riihhbr�� AM winEO ) CONSTRUCTION & ENVIRONMENTAL SERVICES, LLC April 1, 2009 Texas Department of Transportation Texas Motor Carrier Division PO Box 12984 Austin, TX 78711-2984 Status: Effective 1/3 1/09 thru 1/3 1/2010 # NC670682 Eagle Contact: David Kelley davidk(a.ecesi.com Processed on line. 9701 East 1-20 P.O. Box 872 Eastland, Texas 76448 Phone (254) 629-1718 Fax (254) 629-8625 TEXAS DEPARTMENT OF STATE HEALTH SERVICES EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES LLC is certified to perform as a Asbestos Transporter in the State of Texas within the purview of Texas Occupations Code, chapter 1954, so long as this license is not suspended or revoked and is renewed according to the rules adopted by the Texas Board of Health. DAVID LAKEY, M.D. COMMISSIONER OF HEALTH License Number: 400407 Control Number: 95490 VOID IF ALTERED NON -TRANSFERABLE Expiration Date: 1/25/2011 (Void After Expiration Date) no UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION HAZARDOUS MATERIALS CERTIFICATE OF REGISTRATION f6aw FOR REGISTRATION YEAR(S) 2008-2010 Registrant: EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LLC Attn: MARC WALRAVEN P.O. BOX 872 EASTLAND, TX 76448 This certifies that the registrant is registered with the U.S. Department of Transportation as required by 49 CFR Part 107, Subpart G. This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this document. Reg. No: 111108 550 010QR Issued: 11/11/2008 Expires: 06/30/2010 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with PHMSA; and (2) This Certificate of Registration Each person subject to the registration requirement must fumish that person's Certificate of Registration (or a copy) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U. S. Department of Transportation upon request. Each motor carrier (private or for -hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the "U.S. DOT Hazmat Reg. No." in each truck and truck tractor or vessel (trailers and semi -trailers not included) used to transport hazardous materials subject to the registration requirement. The Certificate of Registration or document bearing the registration number must be made available, upon request, to enforcement personnel. For information, contact the Hazardous Materials Registration Manager, PHH-62, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590, telephone (202) 366-4109. Date: March 27, 2009 c � ,VtAL C9 � CI O ._s n r 1 � h.. FS �ABLIs�H EO �036 ischarge Cleanup DCO # 99-002 Organization Certificate Eagle Construction & Environmental Services, LLC LaPorte, San Antonio, and Ft. Worth, Texas. This certificate carries with it the need to maintain a high level of response preparedness, to respond in a timely, professional manner, and to notify the Texas General Land Office of any change in the Holder's ability to accomplish this mission. Certification is for three years from the above date. V V ! Commissioner Deputy Commissioner Texas General Land Office Oil Spill Prevention and Response °°-0,„„ TEXAS SALES AND USE TAX PERMIT (RovThis permit is not transferable, and this side must be prominently displayed in your place of business. dr5or ndF�a twF A f7 mhp ew o7prPit ro dir.wo Ym **be rwrapr>www iw V ! /tier o&Wr a raw oww*!10wo, III a • +6rarlrra : yqa haw! wwid r,rastaRrw m#wn oartwlCate on dfs .311W /up, bcarwxr, or business bcafion mama. - TAIFAYER NA#�. 6USlNE8S LOCATION NAME. and PHYSICAL LOCATti,)N r'��`�e,r #� EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LL SALES AND USE TAX SWS ENVIRONAENTAL LLC 1-26-3517634-5 9547 US H i GHWAY 69 N r�� T TYLER TX 75706-6425 00005 NAICS CODE: 562910 DESCRIPTION ON NEXT LINE:� 01/01/2009 Iwemedlattion Services E SHOW THIS BUSINESS IN THE FOLLOWING LOCAL SALES TAX AUTHORITIES: LINTY- SMITH EFF: 01/01/2009 &0W;V-- SUSCOMBS YOU MAY NEED TO COLLECT SALES AND,OR USE TAX FOR OTHER LOCAL TAVNG AUTHORITIES DEPENDING ON YOUR TYPE OF BUSINESS. 11 ynu have any questions regarding saes tax, you may contact the Texas State Comptroller's field office in your area or call 1-800-252-5555, toll free, nationwide. The Austin number is 512/463.4600. ..................................... ............. DETACH HERE AND PROMINENTLY DISPLAY YOUR PERMIT ONLY S THE INFORMATION PRINTED ON THIS PERMIT INCORRECT? The information printed on your permit must be accurate and current. To make corrections, you may detach and complete ONLY the information in the form below which is incorrect, and mail it to COMPTROLLER OF PUBLIC ACCOUNTS cl •3oo-ry 111 E. 17th Street Austin, TX 78774-0100 MAKING CHANGES TO LOCAL TAXING AUTHORITIES OR BUSINESS DESCRIPTION LISTED ON THIS PERMIT • You will need to contact us to correct the local taxing authorities for this business location. Contact your cityftransit authority/county/special purpose district if you are unsure if your business is located within that taxing jurisdiction. We can assist you in determining your local sales and use tax responsibilities, and the appropriate rate for each local taxing authority. Publication 94-105, "Guidelines for Collecting Local Sales and Use Tax" and Publication 96-132, 'Texas Sales and Use Tax Rates" are available on the Comptroller's web site at www.window.state,tx.u$AaxinfoAocal/. • Visit us online at www,window.state.tx.UsAaxinfo/sales/naics coding.htmi if you need to correct the description of your business printed on the front of this permit. MORE INFORMATION ABOUT YOUR PERMIT • You must prominently display this permit in your place of business. • The information on your permit is public information. • You cannot use this permit or a copy of it as a resale or exemption certificate. s. • If the location specified on this permit is closed, return this permit to the Comptroller of Public Accounts and indicate the date of the last business transaction. • Depending on your type of business, you may need to collect sales and/or use tax for other local taxing authorities not listed on this permit. TEXAS SALES AND USE TAX PERMIT Taxpayer name shown on the permit EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LL Taxpayer number shown on the permit Location number shown on the permit 12635176345 l 00005 Correct business location name Correct business location (no P.O. Box or directions accepted) Change your mailing address and phone number, • add a business location, change a business address, or City I State I ZIP code close one or more business locations online at • https:14vww.window.state.tausAiccmaint bhengeaddress.html Correct taxpayer name I Daytime phone (Area code and number) • Correct mailing address City I State I ZIP code ( Federal Employer Identification number If you are no longer in business, enter the date of your last business transaction. sign Taxpayer or authorized agent I Date here Form 01300 (Back) (Rev.1-07117) All permits are issued subject to the provisions of the law. This permit may be revoked, suspended, or cancelled for a violation of any provision of any taxing statute administered by the Texas Comptroller of Public Accounts or of any rule adopted by the Comptroller to administer those statutes. Receipt of this permit does not mean that the taxpayer to whom it is issued is in good standing with the Comptroller. Please note that you are responsible for collecting the correct amount of local taxes. For example, if our records —� show that one of your locations outside the city limits, and it is, in fact, inside the city, you are still responsible for collecting and remitting the city sales tax. If the local taxing authorities on your sales tax permit are incorrect, please call us, so we can correct them. -- Taxpayer name and maikng address EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LL 06 OPERATING WITHOUT A VALID 9701 I H 20 E PERMIT IS A MISDEMEANOR PUNISHABLE BY A FINE OF NOT EASTLAND TX 76448 MORE THAN $500 PER DAY. Legal citation: TEX. TAX CODE ANN, chs. 111 and 151. For an existing business, this permit replaces the permit you now hold for this location. All previous permits of this type issued by the Texas Comptroller of Public Accounts are void. .......................... * * * Important Sales Tax Information * * * You must file a sales and use tax return even if you have no taxable sales and/or no tax due, M FILE AND PAY YOUR SALES TAX ONLINE WebFile automatically calculates the sales tax due and provides a confirmation that we received M *.. your return. WebFile is available online at www.window. state. txusAvebf1le1aalestaxhtml M FILE NO TAX DUE RETURNS BY PHONE You can also file your no tax due sales and use tax return by calling TeleFile at 1-888-4FILING (1-888-434-6464). DOWNLOAD SALES AND USE TAX FORMS ONLINE You will receive a preprinted sales and use tax return in the mail about 20-30 days before each return is due. You can also download sales and use tax forms online at www. c pa. state. tx usitaxdnfo itax forms,01-forms. html UPDATE YOUR ACCOUNT INFORMATION Change your mailing address and phone number, add a business location, change a business address, or close one or more business locations online at https: /Nvww. window. state. tx us/accmaint�changeaddress. html or call our toll -free voice mailbox at 1-800-224-1844. SALES TAX FREQUENTLY ASKED QUESTIONS MW Read our sales tax frequently asked questions online at www. window. state. txusitaxdnfolsalesAluestions. html You have certain rights under Chapters 552 and 559, Government Code, to review, request, and correct information we have on file about you. Contact us at the address or toll -free number listed on this form. Corporations Section A E 0- Hope Andrade P.O.Box 13697 Secretary of State Austin, 'Texas 78711-3697 w 1 -EMO \ _ Office of the Secretary of State Certificate of Fact The undersigned, as Secretary of State of Texas, does hereby certify that the document, Application for Registration for Eagle Construction and Environmental Services, LLC (file number 801043945), a DELAWARE, USA, Foreign Limited Liability Company (LLC), was filed in this office on October 23, 2008. It is further certified that the entity status in Texas is in existence. Md no ,. Phone: (512) 463-5555 Prepared by: SOS-kVFB In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on December 22, 2008. Hope Andrade Secretary of State Come visit us on the intemet at http://www.sos..state.tcus/ Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services TID: 10264 Document: 240663940003 IM Certificate of Account Status - Letter of Good Standing Page 1 of 1 4 w �� 15* r tt'4• TExas COMPTROLLER of PUBLIC Accoums SUSAN COMBS • COMPTROLLER • AUSTtN, TEXAS 78774 M May 27, 2009 CERTIFICATE OF ACCOUNT STATUS THE STATE OF TEXAS COUNTY OF TRAVIS I, Susan Combs, Comptroller of Public Accounts of the State of Texas, DO HEREBY CERTIFY that according to.the records of this office EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, LLC is, as of this date, in good standing with this office having no franchise tax reports or payments due at this time. This certificate is valid through the date that the next franchise tax report will be due March 8, 2010. This certificate does not make a representation as to the status of the entity's registration, if any, with the Texas Secretary of State. This certificate is valid for the purpose of conversion when the converted entity is subject to franchise tax as required by law. This certificate is not valid for any other filing with the Texas Secretary of State. GIVEN UNDER MY HAND AND =M SEAL OF OFFICE in the City of Austin, this 27th day of May 2009 A.D. Md Susan Combs Texas Comptroller Taxpayer number: 12635176345 File number: 0801043945 Form 05-304 (Rev. 12-07117) i http://eepa.cpa.state.tx.us/coa/servlet/cpa.app.coa.CoaLetter 5/27/2009 .r EAaE.0 2.6.4 Project References The following section outlines large projects performed by Eagle involving remediation of contaminated materials. Orion Mike Purchase, President Former TRW Mission Site Remediation mpurchase@orionenv.com 210--525-2180 3450 East Spring Street, Suite 212 Long Beach, CA 90806 $2,181,813 Description of Service Provided: Eagle was initially awarded a contract for soil and groundwater remediation services for Northrop Grumann Space & Mission Corporation, ' represented and managed by Orion Environmental, at the former TRW Mission Site in Houston, TX. This contract was awarded to Eagle based upon best overall value considering expertise, _ cost and an innovative project approach. The initial two-phase scope of work included a two - location excavation of VOCs and metal contaminated soil, an excavation of PCB contaminated soil, and the remediation of groundwater. Eagle prepared a site -specific health & safety plan prior to mobilization. Fieldwork began at the north side excavation as Eagle abandoned two monitoring wells and saw cut approximately 34,500 sf of concrete parking and drive areas. Eagle removed and transported the concrete surface to an approved recycler. Eagle then excavated and removed the impacted soil. Excavations grew to depths of up to 22' below ground surface as Eagle removed and disposed/recycled approximately 18,850 cubic yards of contaminated soil. The contaminated soil was directly loaded into 20 cubic yard end dumps and hauled to an approved soil recycling facility for final disposition. "Eagle provided exceptional service and cost during the initial phase and was sole sourced During excavations, Eagle encountered the additional projects at the site." groundwater contaminated with VOCs at depths of 3' to 4' below ground surface. Approximately - Michael P. Purchase, P.E. 1,000,000 gallons of groundwater was pumped out Senior Project Engineer and stored into Eagle supplied frac tanks so as to minimize delays to the project. Vacuum trucks were used to transport the contaminated groundwater to an approved soil recycling facility. Eagle removed and capped 2 - 18" gas pipelines and 200' of sewer line. Upon completion of excavation, Eagle solidified the mud at the bottom of the excavation with lime. The excavation was backfilled in 8" lifts using select fill material up to 5' below ground surface and compacted to 95% standard density. The upper 5' of excavation was backfilled in 8" lifts and compacted to 85% standard density. Simultaneously, Eagle installed 12" and 14" RCP stormwater lines and reinstalled the previously removed 200' of sewer lines. Eagle restored the area by pouring 6" thick 4,000-psi concrete containing #4 double mat rebar, which was doweled into the existing concrete. Eagle Construction & Environmental Services, LLC EAGJO The second phase of work was initiated at the east side excavation where Eagle removed the concrete slab, excavated 5,500 cubic yards of VOCs and metal contaminated soil, and encountered groundwater during the excavation which was pumped and disposed at an approved Contaminants Present: disposal facility. Once excavation was complete, VOCs, Metals (hexavalent chromium), Eagle backfilled in 8" lifts using select fill material and PCBs to 5' below ground surface and compacted to 95% standard density. As part of the in -situ treatment, the backfill material. was mixed with potassium permanganate. The upper 5' of excavation was backfilled in 8" lifts and compacted to 85 % standard density. Eagle restored the site and resurfaced the excavated areas with 6" thick 4,000-psi concrete in accordance with the procedures utilized in phase one. As a result of Eagle's excellent performance on the completion of phases 1 and 2, Eagle was awarded the third phase of the environmental remediation of a sludge evaporation pond. The +— scope of work included the clearing and grubbing of vegetation and the excavation of VOCs and metal (Hexavalent Chromium) contaminated soil from within the sludge evaporation pond. Approximately 6,000 cubic yard of contaminated soil was excavated, transported, and recycled. The excavated area was backfilled to grade and restored. Eagle encountered an additional 400,000 gallons of contaminated groundwater that was removed, transported and disposed of at an approved facility. Eagle obtained the proper permits and discharged over 1,000,000 gallons of groundwater and rainwater into the on -site sanitary sewer. Halff Kent Belaire, Vice President ind Demolition Action; Former Trinity iidustries Fabrication Facility kbelaire@halff.com 214-346-6200 8616 New Plaza Drive Dallas, TX 75081 $2,011,000 Description of Service Provided: Eagle was contracted to perform remediation and demolition activities at the former Trinity Industries Plant 74 railcar fabrication facility. The facility was located on a 24-acre site that contained heavy metal concentrations within the soil at hazardous levels. The facility was approximately 65,000 square feet and consisted of multiple side structures such as warehouses, paint booths, blasting booths and fabrication booths. Adjacent to the fabrication facilities, a two-story concrete administration building with asbestos containing material (ACM) was present. The following activities were conducted. Work Plan Preparation/Submittal and Permits All documents were prepared by Eagle management and distributed for review to Parkland and _ their representative consultant prior to beginning work. Eagle also obtained all necessary permits in accordance with local, state and federal regulations prior to commencing work. Permits included the following: Eagle Construction & Environmental Services, LLC i EAaEI • Demolition Permit, Air Emissions Permit, Excavation ]Permit, NPDES Permit, Portable Stabilization Exemption Mobilization Activities Project Highlights Upon approval of all plans and receipt of • Treated 6,000 cubic yards of hazardous soils to required permits, Eagle mobilized non -hazardous standards personnel, equipment and materials to the • 55,000 cubic yards of material was excavated, facility. Eagle installed 3,000 linear feet sampled, tested, loaded, transported and disposed. of silt fence, three (3) rock check dams, • 65,000 square foot facility consisting of multiple five (5) inlet protection covers and one side structures was successfully decontaminated (1) stabilized entrance. Temporary and demolished fencing was installed to match existing • Eagle successfully recycled approximately 90% of fence and secure the area. the material from the fabrication facility. Preparation Activities Prior to facility demolition, Eagle personnel entered the facility and removed all mercury light switches, fluorescent light bulbs, PCB containing ballasts, and PCB containing transformers. Eagle personnel drained and decontaminated the PCB transformers in accordance with 40 CFR 761.60. All hazardous wastes were properly containerized, labeled, transported and disposed of at a TSCA regulated incinerator. Preparation activities also included the plugging and abandonment of fourteen (14) monitoring wells and protection of sixteen (16) active monitoring wells. -law Plant Demolition and Remediation Eagle provided a licensed asbestos abatement contractor to perform abatement activities in the administration building. A negative pressure containment was constructed and all friable and non -friable asbestos (insulation, floor tile, ceiling tile, mastic, etc.) was removed. An independent third party asbestos consultant was onsite to conduct required air sampling. Concurrently with asbestos abatement, Eagle began demolishing the fabrication portion of the facility. "Eagle was innovative and cost effective A 200 series trackhoe with a 40-ton shear removed in their overall approach to the project the sheet metal from the exterior of the building to which included a large volume of material expose the structural beams and other metal support. to be excavated and an extensive complex A trackhoe with a 70-ton rotating shear was of industrial facilities to be demolished." employed to cut down structural beams. Once on - Kent Belaire Vice President; Halff the ground, a trackhoe with a grapple attachment Associates was utilized to segregate metal and non-metal items. Eagle successfully recycled approximately 90% of the material from the fabrication facility. As soon as abatement activities were completed in the administration building, Eagle moved a demolition crew to the building to demolish the structure in its entirety including the basement. All concrete debris from the building was recycled. The depression left from the basement was graded with adjacent soils. Eagle employed a concrete removal crew to begin removing pavement, pedestals and footers. .. Eagle removed over 600 concrete footers and pedestals. Careful consideration was placed on Eagle Construction & Environmental Services, LLC EAG* removing above and below ground concrete in a manner that would not disturb contamination located throughout the site. Following demolition of site structures and removal of concrete and asphalt, Eagle provided a "Eagle also provided creative solutions for remediation crew to perform the excavation, unexpected conditions encountered sampling, testing, loading, transportation, and during the project." disposal of approximately 55,000 cubic yards of _ Kent Belaire Vice President; Halff material. Contaminants of concern ranged from Associates chlorinated solvents to heavy metals. Remediation efforts consisted of the following: • Utilization of existing data to determine and delineate areas of remediation • Excavation of the contaminated soils • Stockpiling and covering of contaminated soils (covered with a 10-mil poly sheeting) To eliminate the risk of off -site migration of contaminants in stockpiled soil, Eagle left a portion of the facilities main bay for stockpiling soils. • Sampling and analysis of stockpiled soils and profiling and manifesting documentation • Loading, transportation and disposal of contaminated soils *Note: Soils that exceeded class II non -Hazardous levels for lead were stabilized by Eagle using a portable pugmill to blend the soil with a stabilization agent in accordance with the mix design developed by Eagle. Contaminants Present: For soils that exceeded class II non -Hazardous — Friable and non -Friable asbestos, heavy levels for lead concentrations, Eagle conducted metals (Pb, Be, Nickel, etc.), various RCRA screening and stabilization activities. Eagle listed wastes, PCBs, Freon, Chlorinated provided all documentation necessary (air pollution .. Solvents calculations, equipment schematics, etc.) to the regulators to obtain a portable stabilization exemption. The exemption was granted and Eagle utilized its company owned portable pugmill with a mixture of 2% enviroblend to stabilize the lead hazardous contaminated material to the Universal Treatment Standards (non -hazardous levels) as set forth by the federal regulations. The mix design and treatability study was developed by Eagle and tested in a laboratory prior to field implementation. Upon receipt of successful laboratory results, Eagle's design was implemented full scale and Eagle successfully treated 6,000 cubic yards of hazardous soils to non -hazardous levels, thereby reducing the cost to the client. Once stabilized, the material was — sampled to ensure it met local landfill requirements followed by transportation and disposal. Backfill and Site Cleanup Eagle backfilled previously remediated areas with 25,000 compacted cubic yards of fill and graded the site. A licensed surveying crew was employed to perform a topographical survey followed by placement of approximately 19,000 cubic yards of imported -screened topsoil. �. Following topsoil placement, Eagle drill seeded and hydromulched 24 acres. .« M Eagle Construction & Environmental Services, LLC • CompanyEAG Explorer Pipeline TitleName and of Contact James Sieck, PE Name/Title of Project Pipeline Emergency Spill Response Email jsieck@expl.com Phone 513-825-7500 —Address PO Box 2650 Tulsa OK 74101 ContractlPrqject Value $4,200,000 Description of Service Provided: Eagle responded to Explorer Pipeline's emergency request to respond to an estimated 400,000 gallon jet fuel spill. The spill was caused by the rupture of a 28" pipeline located one hundred feet from a creek near the Sam Houston National Forest and the Federal Correction Facility near Huntsville, Texas. Upon Eagle's arrival to the site, it was observed that the fuel had flowed into Turkey Creek and had contaminated approximately 5.2 miles of creek, banks and low lying overflow areas. On the initial response, Eagle personnel stopped Project Highlights the flow of fuel by constructing an underflow • Eagle's emergency responders worked 24/7 for 2 months to mitigate the spread dam approximately 5.2 miles downstream from of contamination. the release location. Eagle continued to isolate • Fuel spill impacted 5.2 miles of land and the spill by placing containment boom in creek strategic locations along the creek. At the peak of mitigation, Eagle had 65 employees, 16 standing • vacuum trucks were utilised to remove vacuum trucks, and 2 excavators working 24 �standing fuel hour per day, 7 days per week for 2 months • Over 50 frac tanks and 40 roll -off boxes removing standing fuel from the creek to prevent were needed to stage the accumulated material and liquids further migration of the contamination. Additionally, drum skimmers were utilized to minimize waste and expedite recovery efforts. During recovery processes, Eagle collected and transported over 1,000,000 gallons of Jet fuel emulsions to an approved recycling facility. The magnitude and severity of the spill in a highly vegetative area required Eagle to clear a four - foot wide path approximately five miles along the creek bed using hand tools, weed trimmers, chainsaws, dozers, trackhoes and backhoes. The path was created to gain access to the contaminated areas for remediation. Eagle utilized over twelve miles of sorbent boom, 1,500 ft of containment boom, and over 1,750 bags of sorbent pads to contain and "All of the equipment in the world will not lead to a remove the released product. Eagle successful emergency response; it's the people involved _ provided over 1,000,000 gallons of that make the difference. Eagle has recruited and temporary on site storage for retained some of the best." evacuated liquids storage. Eagle mobilized 50-21,000 frac tanks within James F. Sieck, P.E. a period of two days. During rainfall Director of H&S, Security &Environmental events, Eagle employed large pumps Explorer Pipeline and several miles of hose to pump the creek overflow water around the contaminated area. This effort was utilized to ensure that the installed underflow dams would contain the released product during the highflow of the creek. Several sudden rainfall events occurred causing Eagle to scramble 24/7 to protect the dams. M Eagle Construction & Environmental Services, LLC Eagle managed all rain events without a failure. Conversely, during lowflow periods, Eagle hauled freshwater to the head of the creek to increase the flow and thereby aid in the recovery of the released fuel. Throughout the project, extensively with the EPA, Eagle interacted I Contaminants Present TCEQ, Texas Parks Jet Fuel contaminated water, soil and brush and Wildlife, and the stakeholder (Federal Prison System). Eagle provided a comprehensive Emergency Response and Remediation approach throughout the project that complies with these agencies. Additionally, Eagle obtained numerous core samples in fractures of the sandstone within the release area. These samples were used to determine the extent of contamination and aid in the development of further remediation approaches. In addition to creek remediation, Eagle excavated of 16,000 cubic yards of contaminated soil from the release site. Soils were characterized, loaded, transported and disposed at an appropriate landfill facility. Department of Navy Lauri Newkirk-Paggi, Project Specialist Former Landfill and TANG Pond Remedial Action lauri.j.newkirk@usace.anny.mil 843-329-8061 39A Hagood Avenue Charleston, SC 29404 $3,300,000 Description of Service Provided: Eagle performed remedial action activities at the NAS in Dallas, Texas under the EMAC with the Navy. Eagle prepared all of the required pre - mobilization submittals including the HASP, RAP, WMP, SWPPP, Quality Control Plan and Specifications. The TCEQ provided integrated regulatory oversight and approvals. The City of Dallas (the stakeholder) also provided detailed input and oversight to all activities. Upon mobilization and prior to removal of any material off -site, Eagle implemented BMPs outlined in the SWPPP which included the installation of approximately 3,000 linear feet of wire reinforced silt fence and hay bale dikes as needed throughout a surrounding creek and at the construction entrance. All temporary facilities such as porta-toilets, office "With the approved well -thought-out trailer and utilities were installed in accordance schedule, Eagle Construction managed with the approved plans and specifications. Eagle to complete all required work items constructed and installed a decontamination station ahead of the original completion date." comprised of a cattle guard unit with a catch basin to prevent off -site migration of any contaminated - Navy Contractor Performance material. All trucks and equipment leaving the site Assessment Report were required to pass over the decontamination unit for inspection and decontamination as needed. All material collected in the basin was periodically removed as needed and disposed with other Eagle Construction & Environmental Services, LLC Effi* contaminated material. Following the construction of the decontamination station, Eagle constructed a 150' x 300' staging area consisting of 6 mil poly sheeting, 6" of compacted native blue shale material and 6" of Project Highlights compacted road base. All potentially • Innovative sampling and waste characterization hazardous soil was encapsulated with techniques minimized cost and reduced 6-mil poly sheeting in the staging exposure concerns. area. • In excess of seventy five 20-cy end dumps worked simultaneously to haul contaminated After all temporary facilities and ~' soil and debris. Eagle loaded and transported staging areas were completed, Eagle 305 loads in one workday. began the remediation phase of the project. Eagle evaluated the SOW .. • 108,000 tons (55,000 tons of contaminated soil, sampling protocol and determined 30,000 tons of C&D debris, 23,000 tons of that the proposed sampling sediment) of contaminated material was safely methodology would create potential excavated, transported and disposed. schedule milestone obstacles. Eagle developed a new sampling plan and following discussions with the Facility Engineer and the TCEQ Representative, it was decided that in -place characterization of waste would be the best method in determining contamination. Eagle placed grids throughout the former landfill that encompassed the entire area in question. Sampling was performed to the native blue shale, which in some areas was over 16' in depth. The majority of the samples were collected from what was considered the "non -hazardous portion" of the former landfill. Samples obtained from this area were composites based on 1,000 cubic yard increments. Sampling conducted in what was considered the "potentially `'" hazardous core" (approximately 125' diameter) was performed on a 500 cubic yard composite increment. Sampling was performed in a manner that allowed Eagle to begin remedial activities simultaneous with the sampling and data collection of other areas, which in turn, allowed Eagle to complete the remediation of the former landfill several weeks ahead of the originally proposed schedule. All analytical data was reviewed with two goals in mind: (1) proper waste characterization and (2) potential backfill (soils that met Residential Standards). Upon receipt of analytical data, Eagle reviewed the results and quality control data and placed the waste stream with the appropriate pre -obtained approval number. Previous sample pits, test wells, trenching activities, etc. made it possible to complete profile forms on the expected waste streams. Eagle mobilized three trackhoes, one D6 dozer, one 963 trackloader and over 75-20 cy end "No safety issues during construction. dumps to perform the removal, transportation, Safety was never an issue to the and disposal of approximately 55,000 tons of government." contaminated soil and 30,000 tons of -Navy Contractor Performance construction and demolition debris. Eagle self- Assessment Report _ implemented and placed an emphasis on the recycling of metals, concrete and asphalt found in order to limit the amount of material generated by the Navy. Following the removal of all materials from the landfill, Eagle utilized onsite soil that was deemed "clean" to backfill low areas. Backfill material was placed and compacted to 95% standard proctor density. Compaction was verified with density testing. Minimal amounts of wo Eagle Construction & Environmental Services, LLC E:I,TCI:D backfill was required because the former landfill was built up on native soils which caused the elevation of the landfill to be somewhat higher than the surrounding areas. Eagle graded the area after filling in the low spots to facilitate natural drainage. All disturbed areas were hydromulched and Eagle maintained the vegetation for a 6-month period. Simultaneously with the landfill remediation, Contaminants Present: Eagle began work at the TANG Ponds which consisted of two separate ponds split by the Hazardous Contaminated Soils (Semi- facility entrance/exit road with the inbound Volatiles), Hazardous Contaminated Soils drainage into the first one and the outbound (Volatiles), Hazardous Water (Semi -Volatile drainage from the second. Eagle set up two 12" and Volatile), Friable and non -Friable pumps, one 6" pump and over 250' of steel Asbestos, Heavy Metals, Petroleum discharge piping. Piping was routed around the Hydrocarbon Contaminated Water; ponds in a manner that eliminated re - Petroleum Hydrocarbon Contaminated Soil contamination caused by rainfall. Eagle and Debris; Freon, Various Other .r transferred the drainage receiving pond to the Chemicals. drainage outbound pond which caused the level of the pond to rise and the overflow to discharge naturally, minimizing erosion issues in the outbound drainage ditch. Over one million gallons of water was transferred from the ponds. Eagle had a continuous turbidity and pH monitor set up to measure the discharged water. On Following discharge of the water, Eagle utilized a dozer to enter the ponds and push contaminated sediment to the sides allowing an excavator to remove the moist sediment and " ` place it on the bank. Total pond depths reached 19' in places with contaminated sediment depths ranging from l' to 12' in depth. Once on the bank, Eagle mixed imported fly ash to ensure the material passed the paint filter test required by the landfill. Eagle constructed a fly ash discharge tent to minimize the amount of dust generated during offloading. Mixed material was transported to a disposal facility for final disposition as a class R non hazardous contaminated waste stream. Eagle removed, loaded, transported and disposed of over 23,000 cy of contaminated sediment. Upon completion of the project, Eagle removed all temporary facilities, including the staging area, erosion control practices, office trailer and porta-toilets. All personnel, equipment and materials were demobilized from the site. Eagle completed and submitted the RACR to the Navy and the TCEQ for approval. The following page also lists project reference summaries for remediation services performed for various Texas Government and City Clients: ,w Eagle Construction & Environmental Services, LLC Namefritle of Project Email Phone Address Contract/Project Value Project Description Name & Title of Contact Name/Title of Project Email Phone Address Contract/Project Value Name & Title of Contact Name/Title of Project Email Phone Address Contract/Project Value Proiect Descrintion Emergency Response Services ajmerta@cpsenergy.com (210) 353-3163 P.O. Box 1771 San Antonio, Texas 78296 $500,000 per year Emergency Response Services for transformer and other hazardous material spills. Paul Lewis -Contract Project Manager Environmental Remediation Services plewis3@dot.state.tx.us (903) 510-9262 2709 W. Front Street Tyler, Texas 75702 $6,726,546.57 Emergencv and Non-Emergencv Remediation Services Farouq Kirimani-Project Manager Southeast Service Center farouq.kirimani@cityofhouston.net (713)247-2450 2707 Dalton, Room 108 Houston, Texas 77017 $1,128,031.00 Removal and Install of UST and Soil Remediation Eagle Construction & Environmental Services, LLC EAG* 2.6.5 Staff Matrix Qualifications of Key Personnel to be Assigned to this Project: Vice President / Program Manager Marc W. Walraven Eagle Construction & Environmental Services, LLC 9701 1-20 East Eastland, Texas, 76448 Principal-In-Charge/Contract Administrator B.S. Engineering, Texas Tech University, 1986 Juris Doctorate, Texas Tech University, 1989 OSHA 40 Hour HAZWOPER Certification, 8 hour refresher & personal protection upgrade procedures 16 Hour OSHA Permit Required Confined Space Entry 8 Hour OSHA Supervisor Training Confined Space Training Lead Abatement Certification Texas Corrective Action Specialist Representative Vice President of Operations Jeff Sellers Eagle Construction & Environmental Services, LLC 9204 Hwy 287 NW Fort Worth, TX 76131 Operations Manager OSHA 40 Hour HAZWOPER Certification, 8 hour refresher 16 Hour OSHA Permit Required CSE Lead Awareness Poly Fusion OSHA 10 Hour Trench Safety Certified Welder Various Supervisor Training Courses Crane Certified to 60 Ton Advanced Railcar Training 18 years experience in program management of 21 years experience in waste management, environmental and construction contracts. preparing waste disposal documentation, profiling, disposal coordination and transportation management. 18 Years 4 Years Director —Technical Services • Eagle Construction & Environmental Services, LLC 9204 Hwy 287 NW Fort Worth, TX 76131 Technical Manager B.S.. Geology, New Mexico State University, 1981 M.S. Geology, UT Arlington, 1986 CAPM 1994-present (No. 365) ; Registered Professional Geologist PG (Texas)Edwin L.. Cox School of Business Southern Methodist University —Leadership Program-1999; SMU-Essentials of Finance and Accounting For the Non -Financial Manager-1996 OSHA 40 Hour HAZWOPER Certification, 8 hour refresher & personal protection upgrade procedures 16 Hour OSHA Permit Required Confined Space Entry 8 Hour OSHA Supervisor Training 13 years as Director of Technical Services Managing Staff Conducting Emergency Response and Remediation Projects. 9 Years Eagle Construction & Environmental Services, LLC Qualifications of Key Personnel to be Assigned to this Project Continued: Regional Manager J.T. Ponder Eagle Construction & Environmental Services, LLC 9204 Hwy 287 NW Fort Worth, TX 76131 District Manager 40 Hour Hazmat Training 8 Hour Supervisor Hazmat Training Confined Space Training 16 Hour Emergency Response Training TNRCC Underground Storage Tank Onsite Supervisor License Type B Tank Car Emergency Response Certified Welding Certified Class A CDL CPR and First Aid 25 Years experience with environmental, construction, remediation and demolition projects. 10 Years Manager of Estimating & Project Management vu,'an TLarne Eagle Construction & Environmental Services, LLC 9701 1-20 East Eastland, Texas, 76448 Project Manager Bachelor of Science in Environmental Science - Abilene Christian University Oklahoma Christian University 1996-2000 Minor- Biology Abilene Christian University 40 Hour Hazardous Waste Operations Training Confined Space Entry Training Lead Awareness Training Asbestos Awareness Training BNSF Safety Training Weapons of Mass Destruction- Biological Hazards Training 8 Years experience with environmental, construction, remediation and demolition projects. 7 Years Supervisor vloh 6l vandhveU Eagle Construction & Environmental Services, LLC 9204 Hwy 287 NW Fort Worth, TX 76131 On Site Supervisor 40 Hour 29 CFR 1910,120 OSHA 29 CFR 1910.120 8 Hour Supervisor Training 29 CFR 1926.560 Excavation Training OSHA 29 CFR 1910.146 Confined Space Training Trenching and Shoring Competent Person Asbestos Awareness Safety Training Lead Awareness OSHA CFR 1926.62 First Aid and CPR 18 Years experience with environmental, construction, remediation and demolition projects. 7 Years Engle Construction & Environmental Services, LLC 2.7. Contractor Submittals Bidder shall submit the following items included in this bid submittal, in the same order as listed, following this page, bound within the response. 2.7.1. 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 submit monthly project schedules showing planned work and actual work accomplished. 2.7.2. Provide a sample invoice and sample project closeout documentation. * 2.7.3. Provide an organization chart that details the communication channels between the Contractor and City of Fort Worth personnel for this contract. *Eagle shall supply the City with all transportation documentation at the end of the project. 2-8 9 [ 1 1 I 1 1 1 I 1 1 1 1000 Notice to Proceed 1 1 05OCT09 05OCT09 1010 Submittal - H&S Plan, P&P bond 3 3 05OCT09 07OCT09 1020 Mobilization and Site Set up - Bemnan St. 1 1 08OCT09 08OCT09 1030 Excavation and Stockpiling of Contaminated Soil 3 3 08OCT09 12OCT09 1040 1050 _ Loading, Transportation and Disposal of Soil Water Management _ 3 3 3 12OCT09 3 09OCT09 14OCT09 13OCT09 1060 Mobilization & Site Set up - 3479 W . Vickery St. 1 1 08OCT09 08OCT09 1070 Excavation and Stockpiling of Contaminated Soil 12 12 08OCT09 23OCT09 1080 Loading, Transportation & Disposal of Sal 10 10 14OCT09 27OCT09 1090 Backfilling the Excavation 10 10 19OCT09 30OCT09 Start date 04OCT09 Finish date 30OCT09 Data date 04OCT09 Run date 30SEP09 Page number 1A © Primavera Systems, Inc. Notice to Proceed ► Submittal - H&S Plan, P&P bond Mobilization and Site Set up - Bemnan St. Excavation and Stockpiling of Contaminated Soil Loading, Transportation and Disposal of Soil W ater Management Mobilization & Site Set up - 3479 W . Vickery St. Excavation and Stockpiling of Contaminated Soil Loading, Transportation & Disposal of Soil Backfilling the Excavation City of Fort Worth Contaminated Soil Disposal ® Early bar Progress bar I i Critical bar Summary bar Start milestone point O Finish milestone point INVOICE 79824 Eagle Construction & Environmental Services, LLC P.O. Box 872 Eastland, TX 76448 _ (254) 629-1718 (254) 629-8625 Fax Bill To: City of Fort Worth LOCATION: 1100 Nashville Environmental Management Department Fort Worth, TX 1000 Throckmorton Fort Worth, TX 76102 CUSTOMERNO PO/CONTRACT NO WORK ORDER NO TERMS INVOICEDATE PAGE CIT005-00 RROO-0146782 Net 10 6/30/2009 11 JOB NUMBER: DEM 09-13: PST ITEM'NO QUANTITY DESCRIPTION UNIT PRICE EXTENDED 1 950 Transoortation and Disoosal of Petroleum-Imoacted Soils 33.05 31.397.50 = • 31,397.50 City Tax County Tax Ij State Sales Tax Franchise Fee Payment Eagle FEIN # 26-3517634 TOTAL AMOUNT 31,397.50 This invoice may represent a progress billing and reflects only charges processed to date. Additional charges applicable to this billing period such as additional labor, materiels, equipment and vendor charges such as laboratory analysts, transportation of waste, disposal of waste, etc. are often delayed and will be processed and included in subsequent progress billings_ Director Program Manager tr £`ex�'kr'd1e Quality Waste F.S& H Emergency Assurance MgTnVT F-aHS Manager Resp am1ger Manager _ 'ic y F'r silent of 11 aste ll+'[gmt Softly & Health atiow; %JQ C Officers Specia[iit Officers Emergency Res,pone Sups rvixors Division Manogers Waste C ertifi"ti Officers - Project Environmental Management Department Superintendents City of Fort Worth KEY PERSONNEL, OFFICE ) EL CITY OF FORT WORTH Project 2.8.Subcontractors Information and Qualifications Complete the following table listing each subcontractor and their proposed task associated with this contract. e.: Roberts Trucking Transportation Denali Services,LP Transportation 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 in Section 2.9.) 2.8.1. Subcontractor's company name, address, email address, telephone number(s), and FAX number(s) for the local office as well as the headquarters. 2.8.2. Subcontractors current Statements of Qualifications. 2.8.3. Matrix including 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 2-9 Roberts ' ruddn Aggregate Transportation Specialists 2508 Club Terrace Dr. Dallas, TX 75237 Ph 214-534-6557 Fax 214-337-2336 Email: ouincv(@robertstruckine.ore Statement of Qualifications Proiect Experience City of Mckinney Texas- Annual Contract for Debris Disposal Huffman Construction - General Contractor Current Dallas Independent School District - Annual Contract for Supply of Aggregate Materials D.I.S.D - Contractor Current Lake Conroe Dam Repair- Transport 10,000+ tons of RipRap from Richland Texas to Lake Conroe Freese and Nichols Inc - General Contractor 2009 State Highway 121- Transport of Asphalt Millings and Concrete Spoils to Recycling Plants Balfour Beatty - General Contractor 2007 Lake Livingston Dam Repair - Transport RipRap from Richland Texas to Lake Livingston FEMA hurricane Rita Disaster Relief Project Archer Western - General Contractor 2006 Safetv Record Roberts Trucking is incident free Contact Quincy Roberts - Owner 2508 Club Terrace Dr. Dallas, TX 75237 Ph 214-534-6557 Fax 214-337-2336 Email: ouincvCa robertstruckine.orLy Certifications/Affiliations State of Texas/ HUB NCTRCA DBE Dallas/ Fort Worth Minority Business Council, Inc. 0 �v/�wauYDc r Datras / (Fora Worth Winoiity Supp&r vela pment Council Ina MINORITY BUS'INESS ENTERPRISE CEIRTIFICATION This certificate acknowledges that Roberts Trucking Qualifies as a minority owned and controlled busluess which has met the certification criteria established By the National Minority Supplier Development Conaci4 Inc. The Dallas/Fort Worth Minority Supplier Development Councll's Board of Directors approves this certff"don. Commodity Description: Dump Trucks Services, aggregate Materud sWIier NAICS Codes: 562119 Expiration Date / Certification #: 7/3 t/20l a IDLO9547 "0' Marro J. P y, Lent THE COUNCIL COD DAL1 AS/f-ORT WORTIf MSDC rnnr�t.:r.raa CXwHF•r:rxa ; ,'vurrc:r,�x;.c r H O a N 0 O 00 ., C. DEM 09-17:SOILS Proposed Job Function Owner Drivers Name Quincy Roberts VARIOUS Office Location or Roberts Trucking Roberts Trucking Address where 2508 Club Terrace Drive 2508 Club Terrace Drive Personnel is based or Dallas, Texas 75237 Dallas, Texas 75237 stationed Tasks To Be Performed Bidding, Scheduling, Sales & Field Operation of Various Trucks In Association With Operations This Contract Certifications/Licenses CDL Total Years Experience 15 Years experience in various transportation services Length of Employment 4+ Years With Roberts Tricking CDLs >75 Years of combined driving experience 4+ Years DENA.LLI SERVICES, L.P. Name: Denali Services, L.P. Address: 1847 W. Northwest Hwy Dallas, TX 75220 Email: mark.gobert@denaliservices.com - Phone: (214) 630-4400 Fax: (214) 630-4479 i i Y DENALI SERVICES, L.P. Company Overview and Glualifications Denali Services, L.P. was founded in 2004 to provide clients the most cost-effective transportation services available. Transportation services include: Demolition Services • Trash Removal Aggregate and Soil Transportation Our management staff has over 35 combined years in the transportation services industry. Our employees are CDL certified and have rigorous safety training and maintenance standards. Denali Services, L.P., considers our clients our number one priority. We pride ourselves in fast and efficient service. Proposed Job Function Name Office Location or Address where Personnel is based or stationed Tasks To Be Performed In Association With This Contract General Manager and Sales Mark Gobert Denali Services, L.P. 1847 W. Northwest Hwy Dallas, TX 75220 Bidding, Scheduling, Sales & Field Operations Certifications/Licenses CDL Total Years Experience 25 Years experience in Construction Materials , Site Demolition,and site preparation. Dump Truck services & scheduling. Length of Employment 1 Year With Denali DEM 09-17:SOIL Drivers VARIOUS Denali Services, L.P. 1847 W. Northwest Hwy Dallas, TX 75220 Operation of Various Dump Trucks CDLs > 100 Years of combined driving experience 5 Years 2.9.Bonds 2.9.1. Bidder's Bond Proposals must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate. Alternatively, the City will accept a cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful Contractor signs the project contract. This bond will serve as a guarantee that the successful Contractor will enter into an agreement with the City to perform the project. The bond is subject to forfeiture in the event the successful Contractor fails to execute the contract documents within 10 calendar days after the contract has been awarded. 2.9.2. Payment and Performance Bonds Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25,000, and a performance bond if the contract is in excess of $100,000. The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents. Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. "• 2.9.3. 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 $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. 2-10 ATTACH CASHIER'S CHECK OR BIDDER'S BOND HERE 2-11 BID BOND KNOW ALL BY THESE PRESENTS, That we, rr Company Bond Q a. nth Eagle Construction & Environn� ices, LLC of 9701 East 1-20, Eastland, Texas 76448 (hereinafter called the Principal), as Principal, and Westchester Fire Insurance as Surety, are held and firmly bound unto City of Ft. Worth (hereinafter called the Surety), (hereinafter called the Obligee) in the penal sum of Five Percent of the Greatest Amount Bid Dollars ($ 59, GAR ---------------- ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit y a proposal to the Obligee on a contract for Assessment and Remediation, to furnish all labor, materials, equipment necessary to perform the characterization, loading, transportation and disposal of approximately 2,950 cubic .r 0 yards of sail and excavation, lnading and nncitP stagrig of approximately 15.000 cubic vards of soil. _ NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 1 st da�1 11October 2009 EN V q0 !k, �;� • �y SEagle Construction & Environmental (Seal) SEAL '%;A ;r- Services, LLC Principal J Barron Wit' u TEXAS N:0; arc W. Wall -raven President Title rrrntim estchester Fire Insurance Company 0-'e'-1 By Scott D. Chapman, r Attorney -in -Fact S-1561/GE 10/99 XDP rl 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. ■ IMPORTANT NOTICE TO OBTAIN INFORMATION (DR MAKE A COMPLAINT: _ O You may contract Westchester Fire insurance Company for inform;,) make a complaint at: ACE USA Claims 6600 E. Campus Circle East, Suite 200 Irving, Texas 75063 (972) 4615-7900 (972) 465-7645 Fax You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: Texas Department of Insurance P. 0. Box 149104 Austin, Texas 78714-9104 (800) 252.3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-048, Government Code, and Section 53.202, Property Code, effective September. 1, .2001 2.10. Minority/Women Business Enterprise (MWBE) Utilization Requirements A MWBE goal of 10% percent has been established for this contract. Contract Assurance - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to cant' out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Contractors shall make a good faith effort to subcontract with or purchase supplies from MWBE firms. Contractors shall meet or exceed the stated goal or submit documentation of good faith effort for all.applicable contracts to permit a determination of compliance with the specifications. MWBE documentation consists of the Special Instructions to Bidders, the Subcontractor Utilization Form, the Prime Contractor Waiver Form, the Good Faith Effort Form, and the Joint Venture Form. Copies can be obtained from the City's MWBE Office OR at the following City of Fort Worth website: no htta://www. fortworthaov. ora/mwbe/default. asnx?id=368&terms=MWBE% 20OFF1 CE&sea rchtvpe=1 &fraciment=False 2.10.1.If Contractor equals or exceeds the project goal, they must submit the Subcontractor Utilization Form or the Joint Venture Form. 2.10.2. If Contractor does not have subcontracting and/or supplier opportunities, they must submit the Prime Contractor Waiver Form. 2.10.3.If Contractor has subcontracting and/or supplier opportunities but does not include MWBE participation in an amount which equals or exceeds the project goal, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. 2.10.4. if Contractor has subcontracting and/or supplier opportunities but does not include any MWBE participation, they must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation. All MWBE firms must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division. For the purpose of determining contract compliance under the MWBE program, businesses listed as MWBE within the Utilization Plan must be certified as such prior to a recommendation for award being made to the City Council. Contractor shall submit the Subcontractor Utilization Form and/or the Good Faith Effort Form or the Prime Contractor Waiver Form, or the Joint Venture Form ("and documentation") as appropriate. The Environmental Management Department must receive the documentation no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. Contractor shall obtain a receipt from an employee of the Environmental Management Department. Such receipt shall be 2-12 up evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the MWBE requirements and documentation, shall render the bid non -responsive. The Good Faith Effort documentation shall demonstrate the Contractor's commitment and honest efforts to utilize MWBE(s). The burden of preparing and submitting the Good Faith Effort information is on the Contractor and will be evaluated as part of the responsiveness to the bid/proposal. A Contractor who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non -responsive and possible debarment. Questions about MWBE requirements may be directed to the City's MWBE Business Office at 817.392.6104. Check the appropriate box/boxes: ® The following MWBE documents are included in this bid submittal, following this page, bound within the response: X Subcontractor Utilization Form Joint Venture Form Prime Contractor Waiver Form Good Faith Effort Form ❑ MWBE documents will be delivered to the Environmental Management Department* no later than 5:00 p.m., five City business days after the bid opening date, exclusive of the bid opening date. Prompt Payment - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both MWBE and non-MWBE subcontractors. CONTRACTOR: Eagle Construction & Environmental Services, LLC �. Signature Company Marc W. Walraven 09/29/09 Name Date President Title 2-13 NOTE. The Environmental Management Department's Administrative Offices are located in the City Hall Annex, 908 Monroe Street, 7th Floor, Fort Worth, Texas 76102. The Department's mailing address is 1000 Throckmorton, Fort Worth, Texas 76102. go aw M 2-14 w ATTACHMENT1A Page 1 of 4 FORT WWORTH �--- City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Eagle Construction & Environmental Services, LLC PROJECT NAME: I I MNV/DBE X NON-M/W/DBE Transportation & Disposal of Petroleum -Impacted -- -- - - BID DATE Soils -Fort Worth, Texas October 1, 2009 1:30 PM City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 10 % 15 % DEM 09-17:SOIL Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing ` Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. .. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1s' tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 i ATTACHMENT IA FORT WORTH Page 2 of a Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T N T n Detail Detail Company Name Address i e M W C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B R O B E E C T E A Roberts Trucking Transportation N/A 2508 Club Terrace Drive $212, 995. 00 Services Dallas, TX 75237 1 X Phone: 214-534-6557 Fax: 214-337-2336 Denali Services, L.P. 1847 W. Northwest Hwy 1 Dallas, TX 75220 Phone: 214-630-4400 Fax: 214-630-4479 i %Now r M X Transportation N/A Services �.1 111 11 Rev. 5/30/03 FORTWORTH ATTACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. SUBCONTRACTOR/SUPPLIER Company Name Address ' Telephone/Fax Certification N (check one) T n i N T Detail Detail e M W C X M Subcontracting Work Supplies Purchased r B B T D VW E E R O B C T E A Dollar Amount Rev. 5/30103 ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 212, 995. 00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 60,000.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 272,995.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the MNV/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature President Title Eagle Construction & Environmental Services, LLC Company Name 9701 East I-20 Address Eastland, Texas 76448 City/State/Zip Marc W. Walraven Printed Signature Contact Name/Title (if different) P: 254-629-1718 F: 254-629-8625 Telephone and/or Fax marcw@ecesi.com E-mail Address 09/29/09 Date Rev. 5/30/03 2.11. Statement of Residency — The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. 01 _ Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non -responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each Bidder shall complete and return, with its bid, the Statement of Residency Form. Failure to provide all required information shall result in the bid being considered non -responsive. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "Resident Bidder" as a bidder whose principal place of business* is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE § 2252.001 defines a "Nonresident Bidder" as a bidder whose parent company or majority owner does not have its principal place of business* in the state of Texas. Bidder's complete company name Eagle Construction & Environmental Services, LLC State your business address in the 9701 East I - 2 0 -- adjacent space provided if you are Eastland, Texas 76448 Resident Bidder: a Texas State your business address in the _ adjacent space provided if you are a Nonresident Bidder: -- *The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity i recognized in the State of Texas, that the business entity has at least one permanent office located within the State of Texas, from o which business activities other than submitting bids to governmental from which the bid is submitted, and agencies are conducted and who works in the Texas office o has at least one employee Form (Section 2.10) prepared by: Name Marc W. Walraven President Title ` 09/29/09 L Date No 2.13. Prevailing Wage Rates and Davis -Bacon Act The Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE, Chapter 2258, with respect to payment of Prevailing Wage Rates for public works contracts and the Davis -Bacon Act, whichever is higher for building and construction trades. Copies of these rates are located below and made a part thereof the same as if it were copied verbatim herein. Contractor(s) agree(s) to forfeit as a penalty to the City ten dollars ($10.00) for each laborer, workman, or mechanic employed, for each calendar day, or portion thereof for such laborer, workman, or mechanic who is paid less that the required rates for any work done under this contract, by it, or by any subcontractor under him/her. The current wage scale for members of the Building and Construction trade immediately follows this section. 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 worts is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract, or a subcontractor of the contractor, shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. DAVIS BACON REQUIREMENTS (29 CFR Part 5) 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject 2-14 A to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not -- performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the ,,. 2-15 recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification underthis contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2 Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to David -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. No (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of 2-16 each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis - Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and - trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 2-17 (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified 2-18 in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 2-19 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a No subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be - subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. VA The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code and the Davis Bacon Act, and intends to comply with same in the execution of this project. 2-20 u Davis Bacon Wage Rate GENERAL DECISION: TX20080043 02/08/2008 TX43 Date: February 8, 2008 General Decision Number: TX20080043 02/08/2008 Superseded General Decision Number: TX20070045 State: Texas Construction Types: Heavy and Highway Counties: Collin, Dallas, Denton, Ellis, Grayson, Johnson; Kaufman, Parker, Rockwall, Tarrant and Wichita Counties in Texas. HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES. Modification Number Publication Date 0 02/08/2008 S UTX2004-004 11 /09/2004 Rates Fringes Air Tool Operator .............. $ 10.06 0.00 Asphalt Distributor Operator... $ 13.99 0.00 Asphalt paving machine operator $ 12.78 0.00 Asphalt Raker ................. $ 11.01 0.00 Asphalt Shoveler ............... $ 8.80 0.00 Batching Plant Weigher......... $ 14.15 0.00 Broom or Sweeper Operator...... $ 9.88 0.00 Bulldozer operator ........... $ 13.22 0.00 Carpenter ...................... $ 12.80 0.00 Concrete Finisher, Paving...... $ 12.85 0.00 Concrete Finisher, Structures.. $ 13.27 0.00 Concrete Paving Curbing Machine Operator ............... $ 12.00 0.00 Concrete Paving Finishing Machine Operator ............... $ 13.63 0.00 Concrete Paving Joint Sealer Operator ....................... $ 12.50 0.00 Concrete Paving Saw Operator... $ 13.56 0.00 Concrete Paving Spreader Operator ..................... $ 14.50 0.00 Concrete Rubber ................ $ 10.61 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator ....................... $ 14.12 0.00 Electrician .................... $ 18.12 0.00 Flagger........................ $ 8.43 0.00 Form Builder/Setter, Structures $ 11.63 0.00 Form Setter, Paving & Curb..... $ 11.83 0.00 Foundation Drill Operator, Crawler Mounted ................ $ 13.67 0.00 Foundation Drill Operator, Truck Mounted .................. $ 16.30 0.00 Front End Loader Operator...... $ 12.62 0.00 Laborer, common ................ $ 9.18 0.00 2-22 Laborer, Utility ............... $ 10.65 0.00 Mechanic ....................... $ 16.97 0.00 Milling Machine Operator, Fine Grade ..................... $ 11.83 0.00 Mixer operator ................. $ 11.58 0.00 Motor Grader Operator, Fine Grade .......................... $ 15.20 0.00 Motor Grader Operator, Rough... $ 14.50 0.00 Oiler .......................... $ 14.98 0.00 Painter, Structures............ $ 13.17 0.00 Pavement Marking Machine Operator ....................... $ 10.04 0.00 Pipelayer...................... $ 11.04 0.00 Reinforcing Steel Setter, Paving ......................:.. $ 14.86 0.00 Reinforcing Steel Setter, Structure ...................... $ 16.29 0.00 _ Roller Operator, Pneumatic, Self -Propelled ................. $ 11.07 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping............. $ 10.92 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement ............. $ 11.28 0.00 Scraper Operator ............... $ 11.42 0.00 Servicer....................... $ 12.32 0.00 Slip Form Machine Operator..... $ 12.33 0.00 Spreader Box operator.......... $ 10.92 0.00 _ Tractor operator, Crawler Type. $ 12.60 0.00 ' Tractor operator, Pneumatic.... $ 12.91 0.00 Traveling Mixer Operator....... $ 12.03 0.00 Truck driver, lowboy -Float..... $ 14.93 0.00 Truck driver, Single Axle, Heavy .......................... $ 11.47 0.00 Truck driver, Single Axle, Light .......................... $ 10.91 0.00 Truck Driver, Tandem Axle, Semi -Trailer ................... $ 11.75 0.00 Truck Driver, Transit -Mix...... $ 12.08 0.00 Wagon Drill, Boring Machine, Post Hole Driller Operator..... $ 14.00 0.00 Welder ......................... $ 13.57 0.00 Work Zone Barricade Servicer... $ 10.09 0.00 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 2-23 r , ..City ofl Wxirfh �ultdNli#t�� Ctinstt'�iCtl�r'i Trades'; M ... Pi evailfittiq :Ie Rates Fatf1Q$ Classifications Hourly Rates Classifications Hourly Rates lAir Conditioning Mechanic $23.95 Sheetrock Hanger $13.37 lAir Conditioning Mechanic Helper $15.00 Sheetrock Hanger Helper $9.48 (Acoustic Ceiling Installer $16.25 Sprinkler Svstem Installer $20.50 (Acoustic Ceiling Installer Helper $10.53 I Sprinkler System Installer Helper $11.00 Bricklayer/Stone Mason $19.88 Steel Worker Structural $19.72 (Bricklayer/Stone Mason Helper $10.54 ISteel Worker Structural Helper $11.71 (Carpenter $19.03 (Welder $18.82 (Carpenter Helper $14.69 (Welder Helper $13.95 (Concrete Finisher $14.95 Concrete Finisher Helper $10.09 (Concrete Form Builder $15.40 (Concrete Form Builder Helper $8.81 (Drywall Taper $13.00 (Drywall Taper Helper $11.70 Electrician Journeyman $23.00 Heavy Equipment Operators Hourly Rates Crane, Clamshell, Backhoe, Derrick, Electrician Helper $16.51 Dragline, Shovel $20.17 (Electronic Technician $23.18 I Forklift Operator $13.33 Electronic Technician_ Helper $13.36 Foundation Drill Operator $17.55 Floor Layer (Carpet) $15.17 Front End Loader Operator $13.16 (Floor Layer (Resilient) $20.72 Truck Driver $17.17 (Floor Layer Helper $13.72 IGlazier $21.92 Glazier Helper $15.82 Insulator (Pipe) $17.95 1Insulator Helper (Pipe) $13.40 (Laborer Common $11.93 (Laborer Skilled $14.98 Lather $18.60 (Lather Helper $11.12 IMetal Building Assembler $14.29 IMetal Building Assembler Helper $9.33 (Painter $17.42 I Painter Helper $8.00 IPipefitter $20.82 IPipefitter Helper $14.77 Plasterer $19.93 Plasterer Helper $14.16 Reinforcing Steel Setter $12.50 (Roofer $14.00 (Roofer Helper $10.00 Source is Fort Worth Chapter ISheet Metal Worker $19.45 I Associated General Contractors (www.Quoin.org) ISheet Metal Worker Helper $14.52 I 01/30/2008 2-24 2.14. Insurance Certificates A successful Contractor will be required by the contract to have insurance coverage as detailed below. Contractor must provide Certificates of Insurance in the amounts and for the coverages required to the Environmental Management Department, Administrative Offices, within 14 calendar days after Notice of Award. (a) Insurance coverage and limits: Commercial General Liability Insurance o $1,000,000 each occurrence o $2,000,000 aggregate 2. Professional Liabilitv Insurance - NOT APPLICABLE. 3. Automobile Liabilitv Insurance Coverage on vehicles involved in the work performed under this contract: o $1,000,000 per accident on a combined single limit basis or: o $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy. 4. Worker's Compensation o Coverage A: statutory limits o Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 5. Environmental Impairment Liabilitv (EIL) and/or Pollution Liabilitv $2,000,000 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). 6. Asbestos Abatement Insurance - $2,000,000 each occurrence with no Sunset Clause. (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. LM 2-25 im 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 according to items in section 2.13(a) 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 Brian Boemer, Director, Environmental Management Department, City of Fort Worth, 1000 Throckmorton St., Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits, or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. 8. The City shall be entitled, upon its request and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 2-26 As 11. All insurance required in Section 2.13(a) above, except for the Professional Liability insurance policy, 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 subcontractors insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. FOR PURPOSES OF EVALUATING THIS BID, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) HERE AND BOUND WITHIN THE BID PACKAGE. 2-27 u r we ACORD- CERTIFICATE OF PRODUCER MARSH RISK & INSURANCE SERVICES 345 CALIFORNIA STREET, SUITE 1300 CALIFORNIA LICENSE NO. 0437153 SAN FRANCISCO, CA 94104 B26810-EC-CAS-08-10 LIABILITY INSURANCE DATE 12/22/200001M2DIYYYY) � 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: American International Specialty Lines Ins CO 26883 Southern Waste Services, Inc. dba: SWS Environmental First Response INSURER B: Commerce And Industry Ins Co 19410 Eagle Construction & Environmental Services, LLC INSURER C: N/A N/A Progressive Environmental Services, Inc. dba: Eagle-SWS INSURER D: 2211 St. Andrews Blvd. Panama City, FL 32405 INSURER E: COVERAGES O 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD•L TYPE OF INSURANCE POLICY NUMBER LTR INSRD POLICY EFFECTIVE POLICY EXPIRATION DATE (MUMD/YY) DATE (MMRIDIYY) LIMITS GENERAL LIABILITY X EACH OCCURRENCE 1$ 1.000.000 A — PROP 13309500 X COMMERCIAL GENERAL LIABILITY 11/05/08 05/05/10 DAMAGE TO RENTED PREMISES(Ea occurence) Is 100'" CLAIMS MADE OCCUR MED EXP (Any one person) Is 10,000 _2L Pellydinn I egal I lah PERSONAL BADVINJURY I$ 1,000,00 X Professional Liab.-Claims Mad6 GENERAL AGGREGATE Is 2,000,009 GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AG(JS 1,000,000 POLICY IX JECT n LOC B AUTOMOBILE LIABILITY CA 7633830 11/05/08 05/05/10 COMBINED SINGLE LIMIT $ I 1,000,00q X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY _ SCHEDULED AUTOS (Per person) _ HIRED AUTOS BODILY INJURY 1$ NON -OWNED AUTOS X MCS-90 )U DEDUCTIBLE S10.000 GARAGE LIABILITY ANY AUTO EXCESSIUMBRELLA LIABILITY PROU 13309502 A X OCCUR L_ CLAIMS MADE DEDUCTIBLE X RETENTION $ 10,000 WOR (ER COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER (Per accident) PROPERTY DAMAGE (Per accident) $ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC 1$ AUTO ONLY: I $ AGG 11/05/08 05/05/10 EACH OCCURRENCE 1$ 25,000,000 AGGREGATE is 25,000,000 Is I Is I I IR I WC STATU- OTH- I .L. EACH ACCIDENT Is E.L. DISEASE - EA EMPLOYED $ E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATION S/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CITY OF FORT WORTH IS NAMED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF THE CITY OF FORT WORTH AS REQUIRED BY WRITTEN CONTRACT. $0 DEDUCTIBLE ON GL. CERTIFICATE HOLDER SEA-001493168-02 CITY OF FORT WORTH PURCHASING DEPARTMENT 1000 THROCKMORTON FORT WORTH, TX 76101 ACORD 25 (2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND {U{{PON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AOf MaRq EU REPRESENTATIVee�`^ rsh Risk 8lnsuranu Sarvkes Joanne M. Gosling O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25 (2001108) Reverse of Page 1 M 41111111 see ADDITIONAL INFORMATION PRODUCER MARSH RISK & INSURANCE SERVICES 345 CALIFORNIA STREET, SUITE 1300 CALIFORNIA LICENSE NO. 0437153 SAN FRANCISCO, CA 94104 B26810-EC-CAS-08-10 INSURED Southern Waste Services, Inc. dba: SWS Environmental First Response Eagle Construction & Environmental Services, LLC Progressive Environmental Services, Inc. dba: Eagle-SWS 2211 St. Andrews Blvd. SEA-001493168-02 INSURERS AFFORDING COVERAGE INSURER F: INSURER G: INSURER H: INSURERI: DATE (MWDD/YY) 12/22/2009 NAIC # TEXT General Liability: Blanket Additional Insured when required by written contract - General Liability (Form #90667) Pollution Liability (Form #78718); Blanket Waiver of Subrogation when required by written contract (Form #78011); Blanket Primary/Non-Contributory when required by written contract (Forth #90667) Automobile Liability: Blanket Additional Insured when required by written contract - (Forth #61710); Blanket Waiver of Subrogation when required by written contract (Forth #62897); Blanket Primary/Non-Contributory when required by written contract (Form #CA0001) Umbrella Liability: Excess of the referenced General Liability, Pollution Legal Liability and Automobile Liability Policies. Umbrella follows form when required by written contract. *30 day notice of cancellation when required by written contract except 10 day notice of cancellation for non-payment of premium' CERTIFICATE HOLDER CITY OF FORT WORTH PURCHASING DEPARTMENT 1000 THROCKMORTON FORT WORTH, TX 76101 AofMaPnsu�ana.JRskS Services�M 41111111 Joanne M. Gosling so 2.15. Workers Compensation Insurance Coverage A. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Texas Labor Code, 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the City prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) days after receipt by the Contractor, a new 2-28 certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 2-29 B. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. C. The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. D. The Contractor shall post on each site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. (see paragraph 11) E. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amount and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services 2-30 on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. r J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The Contractors failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. L. Contractor posting required. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at 512/440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 2-31 M0 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code, Section 406.096 Contractor certifies that it provides Workers' Compensation insurance coverage for all of its employees employed on the public project to abate asbestos/demolition in the unit identified in this contract. Eagle Construction & Environmental Services, LLC Contractor By:—,- w Contractor's Signature President Title 09/29/09 Date STATE OF TEXAS} COUNTY OF TARRANT) BEFORE ME, the undersigned authority, on this day personally appeared Marc W . Walraven 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 Contractor for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29thday of September 2009. JOANNA BARRON Notar r'ublic in and for the State of Texas Rf � Notary Public, State of Texas My Commission Expires 11 / 13 / 2 010 Npvember. 13, 2010 2-32 2.16. Contractor's Responsibilities Contractor is responsible for becoming familiar with the character, quality, quantity of work to be performed, materials and equipment required. Contractor shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, unless otherwise specified in this Invitation to Bid. All costs associated with preparing a Bid in response to the Solicitation shall be bome by the Bidder. The undersigned acknowledges the requirements of this section, and intends to comply with same in the execution of this project. CONTRACTOR: Signature Marc W. Walraven Name President Title Eagle Construction & Environmental Services, LLC Company 09/29/09 Date 2-33 2.17. Contractor's Legal and Compliance History Contractor's legal and compliance history is a critical component of this Invitation to Bid. Read this section with care and respond accordingly. Failure of the Contractor to provide all the information requested and to certify the report, will result in the Contractor's submittal being declared non -responsive. Contractor shall attach a written report of leaal action brought against Contractor, Contractor's officers, Contractor's employees, AND Contractor's proposed subcontractors relatina to the protection of the environment. The terms "legal action" and "relating to the protection of the environment" are defined below. The report shall include all legal action brought within five (5) years of the closing date of this Invitation to Bid. The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines, judgments, and/or settlements. Include the following information for each case at a minimum: • Style of Case ( X vs. Y) • Settlement Information (as appropriate) • Cause Number • Names / Addresses of all parties named • Court • Counsel List and phone numbers • Date of Disposition • Judgment and Order of Judgment "LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health —1 Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agency the Texas Natural Resource Conservation Commission), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health), and any other state agency, commission or department, whether in Texas or elsewhere, when such enforcement action is a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relatina to the protection of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, civil litigation and criminal prosecution. Legal action also means any civil litigation brought by any person relating to the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the air, surface water, drinking water, groundwater, storm water, publicly owned treatment works, or land. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor, using the following form. The top portion of the form is to be completed if a report of legal action is attached. The bottom portion .. 2-34 1 M of the form is to be completed if Contractor has no legal action to report. Make certain that the appropriate portion of the form is filled out and signed. AN AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR shall mean: (1) if the Contractor is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; (2) if the Contractor is a partnership, a general partner; and (3) if the Contractor is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION OF CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY BOUND WITHIN THE BID 2-35 dw Certification of Contractor's Legal and Compliance History Complete ONE of the Following Certifications Certification of Legal Action Report I certify under penalty of law that the.attached Legal Action Report detailing Contractor's, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: Signature Company Name Date Title Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of Contractor, Contractor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employees, or Contractor's proposed subcontractors within the preceding five years. To the best of my knowledge and belief, this statement is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature Marc W. Walraven Name President Title Eagle Construction & Environmental Services, LLC Company 09/29/09 Date 2-36