HomeMy WebLinkAboutContract 63654Docusign Envelope ID: 81 BB1 175-7D26-4EFF-A24A-586DA334163F
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FORT WORTH,,,,
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VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized Assistant City Manager, EnviroServe Inc., an Ohio based environmental and
emergency response corporation authorized to conduct business in Texas acting by and through its duly
authorized representative, each individually referred to as a "party" and collectively referred to as the
G°parties."
AGREEMENT DOCUMENTS:
The Agreement documents include the following:
1. This Vendor Services Agreement;
2. Exhibit A — Scope of Services
3. Exhibit B — Price Schedule; and
4. Exhibit C — Insurance Documentation
5. Exhibit D — Emergency Contract Authorization Memorandum
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement
control.
1. Scope of Services. Emergency Response and Oil Cleanup at VCWRF ("Services"), which
are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is for 1 year(s), beginning on the date that this
Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier
in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to
renew this Agreement under the same terms and conditions, for up to 1 one-year renewal option(s) (each a
"Renewal Term").
3. Compensation.
3.1 Total compensation under this Agreement will not exceed one million five
hundred thousand Dollars and zero Cents ($1,500,000.00).
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and provisions of this Agreement, including Exhibit `B,"
which is attached hereto and incorporated herein for all purposes.
OFFICIAL RECORD
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FT. WORTH, TX
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3.3 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-annronriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Oblieations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all non-public information provided to it by City ("City Information") as
confidential and will not disclose any such information to a third party without the prior written
approval of City, except to its directors, officers, employees, consultants and agents who need to
know such information for Vendor's performance of the services or as required by applicable law.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
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Information in any way. If legally permitted, Vendor must notify City immediately if the security
or integrity of any City Information has been compromised or is believed to have been
compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts
to cooperate with City in identifying what information has been accessed by unauthorized means
and will fully cooperate with City to protect such City Information from further unauthorized
disclosure.
6. Riaht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, no more than once per year, with at least ten (10) days notice, have access to and the right to examine
at reasonable times any directly pertinent books, documents, papers and records, including, but not limited
to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost
to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor
facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance
with the provisions of this section. City will give Vendor reasonable advance notice of intended audits.
7. Indenendent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 LIMITATION OF LIABILITY - NOTWITHSTANDINGANYTHING TO THE
CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD
PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF
THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING THE FAILURE OFANYREMEDY OFITS ESSENTIAL PURPOSE.
EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES
OF EVERY KIND AND TYPE SHALL NOT EXCEED THE TOTAL FEES PAID
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HEREUNDER BY CITYDURING THE TWEL VE (12) MONTHS PRECEDING THE EVENT
GIVING RISE TO SUCH CLAIM.
8.3 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE GROSSLY NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS,
REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
9. Assignment and Subcontracting.
9.1 Assianment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. Notwithstanding the
foregoing, Vendor may assign this Agreement without the City's consent to any affiliate or in the
event of a merger, acquisition, or sale of all or substantially all of its assets, provided the successor
assumes Vendor's obligations under this Agreement. Vendor shall notify City of any such
assignment to an affiliate. If City grants consent to an assignment, the assignee will execute a
written agreement with City and Vendor under which the assignee agrees to be bound by the duties
and obligations of Vendor under this Agreement.
9.2 Subcontract. Vendor shall have the right to subcontract the work to be performed
hereunder without the prior written consent of City. In the event of a subcontracting, Vendor shall
not be relieved of any of its obligations under this Agreement and shall remain fully responsible
for all acts of such subcontractor as if such acts were its own. Vendor shall notify City of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and coverage limits that are to be in effect prior to commencement of any
Services pursuant to this Agreement:
10.1 Coveraae and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
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10.2
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions): ❑, Applicable C❑, N/A
General Reauirements
(a) To the extent of the obligations assumed by Vendor in this Agreement, the
commercial general liability and automobile liability policies must name City as
an additional insured thereon, as its interests may appear. The term City includes
its employees, officers and officials in respect to the contracted for services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City to the extent of the obligations assumed by
Vendor in this Agreement.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
City in accordance with the notice provision of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
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11. Compliance with Laws. Ordinances. Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
With copy to Fort Worth City Attorney's Office at
same address
EnviroServe Inc.
�Attn: Legal
P815 S. Monroe Street, Suite 300
,Sandy, UT 84070
Email: !contracts@enviroserve.conn
14. Solicitation of Emplovees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
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Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this.
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, VENDOR MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUIET
ENJOYMENT, QUALITY OF INFORMATION, TITLE, OR NON -INFRINGEMENT, AND ALL SUCH
WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED.
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25. Immieration Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Comnanv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Bovcotting Ener2v Companies. Vendor acknowledges that in accordance
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with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
31. Prohibition on Discrimination Auainst Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City
is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that
is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the Vendor that it: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm
trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the
City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement.
32. Electronic Sienatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follo►vs)
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CSC No. 63654
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
Vendor:
Signed Y
F
By:
By:
Name:
Jesica McEachern'
Name:
'Sean oval son.
Title:
Assistant City Manager
Title:
Territory Director)
07/14/2025
Date:
Date:
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
CkbKjS-fopher HardO`
By:
Christopher Harder (Jul 8, 202514:08 CDT)
Name: :Chris Harder
Title: Water Department
Approved as to Form and Legality:
By: Douglas Black (Jul 10, 2025 23:25 CDT)
Name: Douglas W. Black
Title: Sr. Assistant City Attorney
Contract Authorization:
M&C: ;See Attached Memorandum Dated May
13, 2025.
Form 1295: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: �a7
Name: Jerry Pressley
Title: Assistant Water Director
City Secretary:
onn
on nod
o
°o�.ldd
pro
By:
Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
Scone of Work — Emereenev Crude Oil Removal and Environmental Cleanup Support
Project Objective:
Provide emergency response services to support the removal of crude oil from structures and systems
impacted by a recent oil intrusion into the Village Creek Water Reclamation Facility (VCWRF). The
scope includes all necessary equipment, personnel, and logistics to safely extract and transport the crude
oil for appropriate disposal, with the goal of mitigating environmental impact and restoring operational
integrity.
Scope of Services:
Mobilization and Site Assessment:
Deploy qualified personnel and response equipment to the affected site. Conduct an initial assessment of
impacted structures, tanks, channels, and associated infrastructure. Coordinate with facility
representatives and regulatory authorities.
Crude Oil Removal:
Deploy and operate pumps, vacuum trucks, portable storage tanks, and ancillary equipment to extract oil
from basins, clarifiers, tanks, and other affected areas. Install temporary containment as needed to prevent
further migration of oil during operations.
Material Handling and Transport:
Safely transfer collected oil and oily water to appropriate on -site or off -site tanks. Arrange for
transportation of recovered materials to permitted disposal or recycling facilities, as necessary.
Personnel and Safety:
Provide HAZWOPER-certified personnel with appropriate PPE. Implement site -specific safety plans and
follow all OSHA and EPA regulations. Maintain daily safety briefings and activity logs.
Equipment and Supplies:
Supply all required pumps, hoses, vacuum trucks, frac tanks, absorbents, lighting, and spill containment
gear. Maintain equipment in good working condition throughout the response.
Reporting and Documentation:
Provide daily progress updates and incident reports. Document quantities recovered, equipment used, and
any incidents or safety concerns. Submit a final report summarizing response actions and material
disposition.
Duration:
To be determined based on extent of contamination and response timeframes. Work to begin immediately
upon authorization.
Assumptions:
- Site access and coordination will be facilitated by the utility.
- Coordination with other response companies and agencies through unified incident command
- Disposal costs for oil and oily water will be handled per separa
Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 11 of 13
Exhibit B -Price Schedule CSC No. 63654
� RVE2025 MSA Rate Sheet
Rates Effective 01/01/2025
'�
Revised March, 2025
EXPENDABLE,
ABSORBENTS
Unit
Rate
Absorbent - Boom - Oil < 8" - per 10 ft section
Each
$91.00
Absorbent - Boom - Universal < 8" - per 10 ft section
Each
$91.00
Absorbent - Cotton Wiping Cloths
Box
$52.00
Absorbent - Drip Tray
Each
$29.00
Absorbent - Gatorzorb
Bag
$56.00
Absorbent - Granular Clay / Floor Dry
Bag
$27.00
Absorbent - Instazorb
Bag
$67.00
Absorbent - Oil Snare
Box
$174.00
Absorbent - Pillow - Oil
Each
$31.00
Absorbent- Pillow- Universal
Each
$31.00
Absorbent - Roll - Specialty 36"
Roll
$366.00
Absorbent - Roll - Universal 36"
Roll
$299.00
Absorbent - Sheen Blanket 50 sq. ft.
Each
$215.00
Absorbent - Sock - Oil
Each
$31.00
Absorbent - Sock- Universal
Each
$31.00
Absorbent - Square Pads - Acid
Bale
$193.00
Absorbent - Square Pads - Oil
Bale
$135.00
Absorbent - Square Pads - Universal
Bale
$135.00
Absorbent - Vermiculite
Bag
$58.00
Activated Carbon
Pound
$22.00
BARRIER
Unit
Rate
Barricade Fence - 50' w/stakes
Each
$142.00
Barricade Tape
Roll
$45.00
Barrier - Expandable Poly Sealing Plug Golf ball/Football
Each
$212.00
Barrier - Plug and Patch Kit
Each
$99.00
CLEANER
Unit
Rate
Bioremediation - mixed
Gallon
$111.00
Calcium Chloride
Bag
$38.00
Cement (80 Pound Bag)
Bag
$30.00
Cleaner - All -Purpose (Simple Green)
Gallon
$51.00
Cleaner - Aqueous Based Citrus Solution, Degreaser, Non -Phosphate
Gallon
$56.00
Cleaner -Caustic, Degreaser
Gallon
$51.00
Cleaner - Disinfectant Solution
Gallon
$53.00
Cleaner -Scraper and Brush Kit
Kit
$54.00
Cleaner - Color -Safe Acid
Gallon
$92.50
Cleaner - Hydrogen Peroxide - 35%
Gallon
$50.00
CONTAINER
Unit
Rate
Container - Bio Haz Bag
Each
$8.00
Container - Bio Haz Box
Each
$215.00
Container - Cubic Yard Box w/Pallet
Each
$227.00
Container - Pole Mounted Transformer Sack
Each
$183.00
Container - Poly Pail 5 Gal Closed Top
Each
$34.00
Container - Poly Pail 5 Gal Open Top w/ Lid
Each
$34.00
Page 1 of 14
CSC No. 63654
2025 MSA Rate Sheet
SERVERevised
Rates Effective 01/01/2025
March, 2025
Container - Poly Drum 15 Gal Closed Top
Each
$174.00
Container - Poly Drum 15 Gal Open Top
Each
$174.00
Container - Poly Drum 30 Gal Closed Top
Each
$112.00
Container - Poly Drum 30 Gal Open Top
Each
$112.00
Container - Poly Drum 55 Gal Closed Top
Each
$153.00
Container - Poly Drum 55 Gal Open Top
Each
$153.00
Container - Poly Drum 95 Gal Overpack
Each
$525.00
Container - Poly Drum 110 Gal Overpack
Each
$750.00
Container - Poly Tote 275 Gallon Reconditioned
Each
$600.00
Container - Poly Tote 330 Gallon Reconditioned
Each
$600.00
Container - Poly Tote lid
Each
$56.00
Container - Steel Pail 5 Gal Closed Top
Each
$41.00
Container - Steel Pail 5 Gal Open Top
Each
$41.00
Container - Steel Drum 15 Gal Closed Top
Each
$87.00
Container - Steel Drum 15 Gal Open Top
Each
$87.00
Container - Steel Drum 20 Gal Closed Top
Each
$183.00
Container - Steel Drum 20 Gal Open Top
Each
$183.00
Container - Steel Drum 30 Gal Closed Top
Each
$216.00
Container - Steel Drum 30 Gal Open Top
Each
$216.00
Container - Steel Drum 55 Gal Closed Top
Each
$150.00
Container - Steel Drum 55 Gal Open Top
Each
$150.00
Container - Steel Drum 85 Gal Overpack
Each
$476.00
Container-Supersack
Each
$200.00
Light Bulb Box - 4 ft
Each
$11.00
Light Bulb Box - 8 ft
Each
$11.00
Tank- Portable (< 1000 Gal)
Day
$122.00
Tank - Portable (1000 - 2100 Gal)
Day
$200.00
MISC.
Unit
Rate
Banding Materials
Each
$8.00
Banding Tensioner & Crimper
Day
$168.00
Contaminant Encapsulant Epoxy
Gallon
$123.00
Desiccant Filter
Each
$166.00
Drum Liner
Each
$14.00
Duct Tape (Non -ER Services)
Roll
$18.00
Flex Hose (Per 100' roll)
Roll
$213.00
Metal Pipe
Section
$37.00
Negative Air - 12 inch Exhaust Hose
Each
$29.00
Negative Air - HEPA Filter
Each
$305.00
Negative Air - Primary Filter
Each
$31.00
Negative Air - Secondary Filter
Each
$31.00
Neutralizer -Acid (sulfamic)
Bag
$95.00
Neutralizer - Amphomag
Pound
$18.00
Neutralizer -Granulated Lime
Each
$56.00
Neutralizer - pH Indicator & Absorbent
Gallon
$87.00
Neutralizer - Soda Ash (caustic)
Each
$90.00
Page 2 of 14
CSC No. 63654
2025 MSA Rate Sheet
Rates Effective 01/01/2025
1J7SERVE
�y,�
Revised March, 2025
Nitrogen - per cylinder
Each
$51.00
Pallets
Each
$16.00
Poly Sheeting 20 x 100 or equiv. - per roll
Each
$210.00
Pop Up Pool - Drum/Saddle Tank
Each
$330.00
Roll Off Liner (6 mil)
Each
$59.00
Rubber Hose
Section
$37.00
Shrink Wrap
Roll
$116.00
Transformer Epoxy Repair Kit
Each
$104.00
Transformer Gauge - Pressure/Temperature
Each
$497.00
Transformer Mineral Oil DiElectric
Gallon
$38.00
Transformer Sample Valve
Each
$90.00
Underflow Dam Materials
Each
$132.00
Vacuum Truck Bag Changeout
Each
$1,071.00
RESTORATION
Unit
Rate
Grass Seed
Pound
$10.00
Limestone or Gravel
Cost Plus
Cost Plus
Silt Fencing - 100' Roll
Roll
$124.00
Straw Bales
Each
$19.00
Straw Matting w/Staples
Roll
$159.00
Topsoil - Bag
Cost Plus
Cost Plus
Topsoil - Bulk Material
Cost Plus
Cost Plus
misc.
Unit
Rate
EIC Fee
Percent
11%
Yearly OSRO Retainer Fee
HEALTH & SAFETY
Each
$5,250.00
HEALTH & SAFETY
Unit
Rate
Confined Space Entry Equipment- tripod, winch, harness
Each/Day
$695.00
Trailer - Confined Space Rescue
Day
$1,546.00
101b A, B, C Dry Chemical Fire Extinguisher
Day
$27.00
201b A, B, C Dry Chemical Fire Extinguisher
Day
$49.00
PPE
Unit
Rate
Additional Air Bottles
Each
$90.00
Airline Respirator w/5-minute bottle (escape pack)
Each
$192.00
Chemtape
Each
$60.00
CPF-III (Encapsulated)
Each
$354.00
CPF-III (Or Equivalent)
Each
$178.00
Dust Masks including N95
Each
$9.00
FR Protection - Nomex
Each
$58.00
Full -Face Respirator
Each
$54.00
Personal Fall Protection
Each
$52.00
Portable Decon Shower (One Step)
Each/Day
$279.00
Portable Decon Shower (Three Step)
Each/Day
$557.00
PPE - Boots - Latex
Each
$23.00
PPE - Boots - Metatarsal Leather Boots Cover
Pair
$55.00
Page 3 of 14
CSC No. 63654
2025 MSA Rate Sheet
ENVIRC.SERVE
Rates Effective 01/01/2025
Revised
March, 2025
PPE - Boots - Metatarsal Rubber Boots Cover
Pair
$82.00
PPE - Gloves - Puncture Resistant/Sharps
Pair
$60.00
PPE - Gloves - Latex
Pair
$3.00
PPE - Gloves - Leather
Each
$23.00
PPE - Gloves - Nitrile
Each
$23.00
PPE - Gloves Butyl
Each
$23.00
PPE - Level A Replacement (Not Including Supplied Air)
Cost Plus
Cost Plus
PPE - Level A Standby (Fully Encapsulated with SCBA)
Each
$552.00
PPE - Tyvek Suit - QC
Each
$59.00
PPE - Tyvek Suit - SL
Each
$100.00
PPE - Tyvek Suit - Standard
Each
$17.00
PPE - Tyvek Uni Hoods
Each
$9.00
PPE - Tyvek Suit - Tychem 5000/6000
Each
$160.00
PVC/Acid Coveralls
Each
$101.00
Rain Suit
Each
$58.00
Snake/Chainsaw Chaps/Gaiters
Pair
$22.00
Face Shield (Hard Hat Mounted)
Each
$16.00
Face Shield Replacement Lens
Each
$9.00
Respirator Cartridges - Mercury (per pair)
Each
$95.00
Respirator Cartridges - OV P100 (per pair)
Each
$95.00
Respirator Cartridges - OV (per pair)
Each
$95.00
Respirator Cartridges - P100/HEPA (per pair)
Each
$95.00
SCBA - Cylinders
Each
$150.00
Self Contained Breathing Apparatus (SCBA) (per day)
Each
$333.00
Silver Shield/Bunker Gear
Each
$299.00
Supplied Air Cascade System (per day)
Each
$333.00
Wader
Each
$64.00
Life Vest
Each
$49.00
LODGING
MISC.
Unit
Rate
Per Diem
Man/Day
$96.00
Lodging
Man/Day
$225.00
Travel Costs - excluding lodging
Cost Plus
Cost Plus
IMACHINERY/CONSTRUCTION EQUIPMENT
EXCAVATOR
Unit
Rate
Excavator - Long Reach
Hour
$320.00
Excavator - Mini with Standard Attachments (1ft & 2 ft buckets)
Hour
$163.00
Excavator - Tracked (>30k lbs. up to 40k lbs.)
Hour
$147.00
Excavator - Tracked (up to 30k lbs)
Hour
$217.00
MISC.
Unit
Rate
Air Spade/Air Knife
Day
$568.00
Dozer
Hour
$142.00
Forklift
Hour
$80.00
Forklift - all terrain telescoping < 14k cap
Hour
$131.00
Front End Loader (to 3.5 CY)
Hour
$170.00
Page 4 of 14
CSC No. 63654
ENviRc1,SEj?vE* 2025 MSA Rate Sheet
Rates Effective 01/01/2025
-
Revised March, 2025
Hydraulic Compactor/Breaker (mini excavator)
Day
$369.00
Lift - Scissor
Cost Plus
Cost Plus
Rubber Tired Backhoe
Hour
$136.00
Skid Steer Loader with attachments (forks, buckets, broom, grapples)
Hour
$143.00
MARINE EQUIPMENT
MISC.
Unit
Rate
Boat - Power Work Boat < 15ft
Day
$285.00
Boat - Power Work Boat > 20ft
Day
$1,022.00
Boat - Power Work Boat 15 - 20ft
Day
$682.00
Boom - Containment per foot <4" Float
Foot/ Day
$4.00
Boom - Containment per foot >4" Float
Foot/Day
$5.00
Skimmer - Barrel
Day
$1,112.00
Skimmer - Floating with Hose Coupler
Day
$314.00
Skimmer - Manta Ray
Day
$702.00
PERSONNEL
MISC.
Unit
Rate
CDL Driver - Standard
Hour
$104.00
CDL Driver - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$156.00
CDL Driver - Sunday
Hour
$208.00
CDL Driver- Holiday
Hour
$312.00
Clerical - Standard
Hour
$76.00
Clerical - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$114.00
Clerical - Sunday
Hour
$152.00
Clerical - Holiday
Hour
$228.00
Equipment Operator - Standard
Hour
$104.00
Equipment Operator - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$156.00
Equipment Operator - Sunday
Hour
$208.00
Equipment Operator - Holiday
Hour
$312.00
Operations Coordinator - Standard
Hour
$111.00
Operations Coordinator - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$166.50
Operations Coordinator - Sunday
Hour
$222.00
Operations Coordinator - Holiday
Hour
$333.00
Project Manager - Standard
Hour
$184.00
Project Manager - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$276.00
Project Manager - Sunday
Hour
$368.00
Project Manager- Holiday
Hour
$552.00
Railcar Specialist - Standard
Hour
$125.00
Railcar Specialist - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$187.50
Railcar Specialist - Sunday
Hour
$250.00
Railcar Specialist - Holiday
Hour
$375.00
Senior Project Manager -Standard
Hour
$208.00
Senior Project Manager - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$312.00
Senior Project Manager - Sunday
Hour
$416.00
Senior Project Manager - Holiday
Hour
$624.00
Site Safety Officer - Standard
Hour
$155.00
Page 5 of 14
CSC No. 63654
ENviRc-SERvE 2025 MSA Rate Sheet
Rates Effective 01/01/2025
-
Revised March, 2025
Site Safety Officer - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$232.50
Site Safety Officer - Sunday
Hour
$310.00
Site Safety Officer- Holiday
Hour
$465.00
Supervisor - Standard
Hour
$117.00
Supervisor - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$175.50
Supervisor - Sunday
Hour
$234.00
Supervisor - Holiday
Hour
$351.00
Technician - Standard
Hour
$92.00
Technician - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$138.00
Technician - Sunday
Hour
$184.00
Technician - Holiday
Hour
$276.00
Transportation & Disposal Coord. - Standard
Hour
$111.00
Transportation & Disposal Coord. - Overtime (16:30-07:30, >8 hours, Saturday)
Hour
$166.50
Transportation & Disposal Coord. - Sunday
Hour
$222.00
Transportation & Disposal Coord. - Holiday
SPECIALTIES
Hour
$333.00
RAIL & TANKER
MISC.
Unit
Rate
Airbag for Dunnage
Each
$38.00
Blocking Bracing - Ty -guard Wrap
Each
$202.00
Blocking Bracing - Wood Kit
Each
$202.00
Blue Flag/Blue Lantern Kit
Day
$154.00
Boiler - Mobile Unit - Includes water, tank (fuel @ cost plus)
Hour
$471.00
Chlorine Kit, Plus Gasket Costs (Kit A)
Day
$520.00
Chlorine Kit, Plus Gasket Costs (Kit B)
Day
$520.00
Chlorine Kit, Plus Gasket Costs (Kit C)
Day
$520.00
Container Seal
Each
$14.00
Gasket (car outlet)
Cost Plus
Cost Plus
Gasket (flange)
Cost Plus
Cost Plus
Gasket (manway)
Each
$245.00
Gasket (valve)
Cost Plus
Cost Plus
Kelso / Midland Kit
Each
$1,015.00
Repair - Misc. Materials
Each
$123.00
Rupture Disk - Composite
Each
$154.00
Rupture Disk -Stainless
Each
$104.00
Tools - Blocking/bracing
Day
$79.00
Tools - Specialty repair
Day
$79.00
REPORTDOCUMENTATION
MISC.
Unit
Rate
Additional Day Reported (All Reports)
Each
$102.00
First Day Timeline Report and Documentation Only
Each
$116.00
Project Report
Each
$488.00
State/Agency Compliance Report (Additional)
Each
$488.00
EQUIPMENTSAMPLING & ANALYTICAL
Analysis
Cost Plus
Cost Plus
Analysis - Totals - VOCs (Standard x1)
Each $239.00
Page 6 of 14
CSC No. 63654
2025 MSA Rate Sheet
ENVIRCSERVE
Rates Effective 01/01/2025
Revised March, 2025
Analysis -Totals - VOCs (Rush x2)
Each
$478.00
Analysis - TPH (DRO, GRO, ORO) (Standard x1)
Each
$168.00
Analysis - TPH (DRO, GRO, ORO) (Rush x2)
Each
$336.00
Analysis - PCB (Standard x1)
Each
$214.00
Analysis - PCB (Rush x2)
Each
$428.00
Analysis - TCLP - VOCs (Standard x1)
Each
$565.00
Analysis - TCLP - VOCs (Rush x2)
Each
$1,130.00
Analysis - TCLP - SVOCs (Standard x1)
Each
$565.00
Analysis - TCLP - SVOCs (Rush x2)
Each
$1,130.00
Analysis - TCLP - 8 RCRA Metals (Standard x1)
Each
$245.00
Analysis - TCLP - 8 RCRA Metals (Rush x2)
Each
$490.00
Analysis - Totals - BTEX (Standard x1)
Each
$138.00
Analysis - Totals - BTEX (Rush x2)
Each
$276.00
Analysis -Totals - RCRA Metals (Standard x1)
Each
$245.00
Analysis - Totals - RCRA Metals (Rush x2)
Each
$490.00
Analysis - (Used Oil, TCLP Metals, TOX Screen, PCBs, Flash Point, pH, etc)
Case by Case
Case by Case
Analysis - Flash point or Ignitability (Standard x1)
Each
$138.00
Analysis - Flash point or Ignitability (Rush x2)
Each
$276.00
Analysis - TCLP Full (Standard x1)
Each
$2,191.00
Analysis - TCLP Full (Rush x2)
Each
$4,382.00
Analysis - PAH/PNA (Standard x1)
Each
$464.00
Analysis - PAH/PNA (Rush x2)
Each
$928.00
Analysis - Sample Prep fee (Standard x1)
Each
$90.00
Analysis - Sample Prep fee (Rush x2)
Each
$180.00
Analysis - Waste Characterization (TCLP Metals, TCLP SVOCs, TCLP VOCs, CRI, PCBs)
Case by Case
Case by Case
misc.
Unit
Rate
Bacon/Bomb Sampler
Day
$32.00
Benthos Dredge Sampler
Day
$534.00
Coliwasa
Each
$15.00
Detector - Gas Tec (H2S)
Day
$99.00
Detector - Gas Tec (Hg)
Day
$99.00
Detector - Gas Tec (1)
Day
$99.00
Detector - Gas Tec (NH3)
Day
$99.00
Dissolved 02
Day
$93.00
Dosimeter
Day
$32.00
Draeger Sampler (Tubes Sold Separately)
Day
$32.00
Gas Tec Detector Tubes
Each
$42.00
Grundfos Well Sampling Pump
Day
$534.00
Hand Penetrometer
Day
$32.00
Interface Probe
Day
$187.00
Meter- Earth Ground Resistance Megger
Day
$243.00
Meter- Lumex Mercury
Day
$972.00
Meter (IR Temperature)
Each
$61.00
Meter (Particulate)
Each
$61.00
Meter (pH - per sample)
Each
$61.00
Page 7 of 14
CSC No. 63654
ENviRcSERvE
2025 MSA Rate Sheet
Rates Effective 01/01/2025
Revised March, 2025
Meter (Salinity)
Each
$61.00
Meter (Temp. Probe)
Each
$61.00
Monitor - Multi Rae Gas
Day
$256.00
Monitor - PID
Day
$256.00
Monitor - RAD
Day
$256.00
Oil/Water Indicator & Water Level Indicator
Day
$61.00
pH paper
Each
$31.00
Sample Bailer
Each
$15.00
Sampling Auger / Sediment Sampler
Day
$99.00
Sampling Kit
Each
$32.00
Sample Shipping
Cost Plus
Cost Plus
Survey Level and Equipment
Day
$54.00
Trimble Geo XH GPS
Day
$85.00
VOCTerracore Samplers (SW 846-5035)
Each
$18.00
Well Data/Level Logger
Day
$112.00
Haz Kat Kit
Day
$272.00
Haz Kat Kit Test
Each
$55.00
PUMP
Unit
Rate
Air Sampling Pumps
Day
$50.00
Bladder Pump
Day
$140.00
GeoTech Peristaltic Pump
Day
$51.00
High Flow Sampling Pumps
Day
$63.00
Peristaltic Sump Pump
Day
$51.00
DISPOSAL
Unit
Rate
Hazardous Waste Disposal
Case by Case
Case by Case
Non Haz Waste Disposal/Recycling - Bulk Liquids ($450 min/load)
Gallon
$1.25
Non Haz Waste Disposal/Recycling - Bulk Solids (3 ton minimum)
Ton
$81.00
Non Haz Waste Disposal/Recycling - Empty Drum (Pail or Drum)
Each
$73.00
Non Haz Waste Disposal/Recycling - Liquids (Pail or Drum)
Each
$171.00
Non Haz Waste Disposal/Recycling - Solids (Pail or Drum)
Each
$252.00
Non Haz Waste Storage Fee
Day
$25.00
Overpack Handling Fee
Case by Case
Case by Case
LOCAL TRANSPORTATION & WASTE PROFILE
Unit
Rate
Local Transportation - Drummed Waste (Max 10 drums per load)
Case by Case
Case by Case
E-Manifest Fee
Each
$37.00
Waste Profile/Doc Fee for Disposal/Recycling
Each
$183.00
TOOLS•
BLASTERS
Unit
Rate
10K 1/2" hose (Replacement)
Cost Plus
Cost Plus
10K 1/8" hose (Replacement)
Cost Plus
Cost Plus
10K 3/8" hose (Replacement)
Cost Plus
Cost Plus
10K 2-D Automated Head Cleaner
Hour
$37.00
10K 3-D Automated Head Cleaner
Hour
$60.00
10K Chain Down Gun
Hour
$34.00
Page 8 of 14
CSC No. 63654
SERVE2025 MSA Rate Sheet
Rates Effective 01/01/2025
Revised
March, 2025
10K High Pressure Manifold
Hour
$21.00
10K Spin Heads (waterblast guns & lances)
Hour
$7.00
10K Water Blaster (225 HP)
Hour
$127.00
10K Water Blaster (300-365 HP)
Hour
$138.00
10K Zero Thrust Underwater Waterblast Gun
Hour
$37.00
20K Abrasive Blaster - with cutter assembly
Hour
$282.00
20K Water Blaster (225 HP)
Hour
$171.00
20K Water Blaster (300-365 HP)
Hour
$190.00
20K Water Blaster (455 HP)
Hour
$250.00
Blaster - Robot
Hour
$171.00
Dry Ice Blaster
Day
$686.00
Multi -Media Abrasive Blaster System
Hour
$176.00
Water Blaster/Pressure Washer Winterizer Kit
Kit
$34.00
CAMERA
Unit
Rate
Black & White - Push/Pull Camera
Hour
$106.00
Camera (Color, Steerable, Robotic, Pan & Tilt)
Hour
$190.00
Video Inspection Recording
Hour
$34.00
COMPRESSOR
Unit
Rate
Air Compressor 150-200 CFM (Up to 100 ft. of hose)
Day
$394.00
Air Compressor 2-15 HP (Up to 50 ft. hose)
Day
$182.00
CONCRETE
Unit
Rate
Chipper/Needle Scaler
Day
$134.00
HEPA Grinder 9"
Day
$236.00
Jack Hammer
Day
$163.00
Scabbler/Scarifer/Shot Blaster
Day
$431.00
ELECTRICAL
Unit
Rate
Infrared Detector
Day
$105.00
Megger, Ductor, TTR
Day
$228.00
Retro-fill Filtration System
Day
$287.00
Tic Tracer/Salisbury
Day
$44.00
Transformer Dehydrator
Day
$511.00
Transformer Vacuum Pump
Day
$121.00
Electric Core Drill
Day
$202.00
FILTER
Unit
Rate
Carbon Filtration - 2 Stage System
Each
$743.00
GENERATOR
Unit
Rate
Generator 12-60KW
Day
$743.00
Generator up to 11 KW
Day
$140.00
HEATER
Unit
Rate
Heater - Indirect Diesel Fueled
Day
$516.00
Heater - Portable Torpedo
Day
$253.00
MISC.
Unit
Rate
Hoses - Emergency Response Kit
Cost Plus
Cost Plus
Scaffolding
Cost Plus
Cost Plus
2 Way Radio
Day
$60.00
Page 9 of 14
CSC No. 63654
EN viRc SERVE
TOOLS
10K Mower
20K Mower
Additional Equipment
Additional Materials & Supplies
Air Mover - Negative Air Equipment
Air Mover (Coppus Blower)
Air Mover (Industrial Fan)
Air Mover (Portable Blower)
Automated Tube Cleaner - 2 Lance
Automated Tube Cleaner - 3 Lance
Barrier - Sewer Grating Cover
Drum - Drum Dolly/Cart
Drum - Portable Drum Grabber
Extenda Jet/Easement Machine
Floor Scrubber 15" - 18"
Fogging Applicator - Each
Gasket Cutter
Grounding and Bonding Kit
Hand Tool Non Sparking
Hydro X Spray Head Attachment
Light - Intrinsically Safe Drop
Mercury - Clean up Kit
Mobile Nitrogen Generation System
Nitrogen Splitter
Pallet Truck - Hydraulic
Pipe Plug - inflatable or pass thru
Pressure Washer - Cold
Pressure Washer - Hot/Cold
Rental Equipment
Root Cutter Attachment
2025 MSA Rate Sheet
Secondary Containment per Single Tanker, Roll -off, Frac
Sod Cutter
Spin Tips
Steel Nibbler
Sweeper - Walk Behind Power Broom
Tools - Air Operated Metal Punch
Tools - chain saw
Tools - chop saw
Tools - Cutting Torch
Tools - impact wrench
Tools - metal detector
Tools - Pneumatic Cutting Equipment Set
Tools - Rivet Buster
Tools - Tanker Cold Cutting Kit
Rates Effective 01/01/2025
Revised
March, 2025
Unit
Rate
Hour
$37.00
Hour
$55.00
Cost Plus
Cost Plus
Cost Plus
Cost Plus
Day
$265.00
Day
$159.00
Day
$152.00
Day
$152.00
Hour
$102.00
Hour
$111.00
Day
$112.00
Day
$122.00
Day
$122.00
Hour
$52.00
Day
$121.00
Day
$391.00
Day
$59.00
Day
$121.00
Day
$134.00
Hour
$28.00
Day
$181.00
Day
$287.00
Day
$3,502.00
Hour
$48.00
Day
$241.00
Day
$202.00
Each
$222.00
Day
$360.00
Cost Plus
Cost Plus
Hour
$48.00
Day
$91.00
Day
$170.00
Each
$10.00
Day
$401.00
Day
$182.00
Day
$132.00
Day
$137.00
Day
$137.00
Day
$181.00
Day
$137.00
Day
$137.00
Day
$641.00
Day
$234.00
Day
$132.00
Page 10 of 14
CSC No. 63654
SERVE 2025 MSA Rate Sheet
Rates Effective 01/01/2025
Revised March, 2025
Tools - Welder
Day
$181.00
VACUUM EQUIPMENT
Unit
Rate
Vacuum - drumhead with 10 ft of hose
Day
$105.00
Vacuum - HEPA Portable Dry
Day
$145.00
Vacuum - HEPA Portable Mercury (filters additional)
Day
$511.00
Vacuum - HEPA 10 hp w/ closed loop (filters additional)
Day
$603.00
Vacuum - regular portable dry/ wet with 10 ft of hose
Day
$95.00
TRANSFER EQUIPMENT
MISC.
Unit
Rate
Betts Unloading valve
Day
$670.00
Chain Kit - Certified
Day
$310.00
Conveyor
Hour
$79.00
Flare - 2" and less with up to 100' hose
Each
$1,144.00
Grain Auger
Hour
$60.00
Hydraulic Power Pack
Day
$822.00
Leak Detection Solution
Gallon
$93.00
Nitrogen Purge System
Day
$259.00
Railcar Vibrator/Shaker
Day
$130.00
Sparger - 2" & less
Day
$199.00
Tank Cleaning Tool - Butterworth
Day
$604.00
Tank Cleaning Tool - Spinner
Day
$604.00
Transfer Equipment - Saddle Tanks
Day
$287.00
Transfer Fittings/Valves - per transfer
Day
$516.00
Vapor Recovery - Trailer Mounted
Day
$3,770.00
PUMPS & HOSES
Unit
Rate
Hose - Pump Acid (20 ft) - 2"
Section
$39.00
Hose - Pump Acid (20 ft) - 3"
Section
$39.00
Hose - Pump Acid (20 ft) - 4"
Section
$39.00
Hose - Pump Acid (20 ft) - 6"
Section
$39.00
Hose - Pump General Duty (20 ft) - 2"
Section
$39.00
Hose - Pump General Duty (20 ft) - 3"
Section
$39.00
Hose - Pump General Duty (20 ft) - 4"
Section
$39.00
Hose - Pump General Duty (20 ft) - 6"
Section
$39.00
Hose - Pump PCB (20 ft) - 2"
Section
$39.00
Hose - Pump PCB (20 ft) - 3"
Section
$39.00
Hose - Pump PCB (20 ft) - 4"
Section
$39.00
Hose - Pump PCB (20 ft) - 6"
Section
$39.00
Hose - Pump Vacuum Truck (20 ft) - 2"
Section
$39.00
Hose - Pump Vacuum Truck (20 ft) - 3"
Section
$39.00
Hose - Pump Vacuum Truck (20 ft) - 4"
Section
$39.00
Hose - Pump Vacuum Truck (20 ft) - 6"
Section
$39.00
Hose Cleaning up to 100 ft
Each
$605.00
Pump - Compressor
Day
$1,933.00
Pump - Flammable Liquid
Day
$923.00
Pump - General Duty
Day
$364.00
Page 11 of 14
CSC No. 63654
2025 MSA Rate Sheet
SERvERevised
Rates Effective 01/01/2025
March, 2025
Pump - Specialty
Day
$605.00
Pump - Disposable Hand Pump
Each
$20.00
Pump Cleaning & Rebuild
Each
$294.00
TRUCKS, TRAILERS, & CONTAINERS
CONTAINER
Unit
Rate
Container - Frac Tank (10,000 Gallon)
Day
$55.00
Container - Frac Tank (21,000 Gallon)
Day
$109.00
Container - Roll Off (Open Top 10 cubic yard)
Day
$33.00
Container - Roll Off (Open Top 20 cubic yard)
Day
$33.00
Container - Roll Off (Open Top 30 cubic yard)
Day
$33.00
Container - Roll Off (Open Top 40 cubic yard)
Day
$45.00
Container - Sludge Box (20 Cubic Yard)
Day
$55.00
Container - Vac Box (20 Cubic Yard)
Day
$82.00
Container - Storage/Conex Box
Each/Day
$75.00
Container - 3 YD Tipper Hopper
Day
$50.00
MISC.
Unit
Rate
Certified Decon of Vac Truck
Cost Plus
Cost Plus
Rolloff/Vac Box Washout
Each
$375.00
Tanker Washout
Each
$375.00
TRAILER
Unit
Rate
Tanker Storage Fee (5,000 gal)
Day
$264.00
Trailer - 5000 gal. Stainless Steel Vacuum Tanker
Hour
$93.00
Trailer - 5000 gal. Carbon Steel Vacuum Tanker
Hour
$93.00
Trailer - 5000 gal. Aluminum Vacuum Tanker
Hour
$93.00
Trailer - 5000 Gallon DOT Coded Fiberglass Vacuum Tanker
Hour
$93.00
Trailer - 5000 Gallon Bulk Tanker
Hour
$93.00
Trailer - 5500 Gallon Non -Spec Stainless Steel Vacuum Tanker
Hour
$93.00
Trailer - Air Stripper/Scrubber Trailer
Hour
$769.00
Trailer - Emergency Response Trailer
Day
$705.00
Trailer - Mobile Office Trailer
Day
$1,090.00
Trailer - End Dump Trailer (<10 yd)
Day
$260.00
Trailer - End Dump Trailer (>10 yd)
Hour
$82.00
Trailer - Equipment/Utility Trailer
Day
$248.00
Trailer - Glycol Heater Trailer (with 3000' hose)
Day
$1,279.00
Trailer - Grain Vac Trailer
Hour
$139.00
Trailer - Hurricane Trailer
Hour
$139.00
Trailer - Hydro Excavator Trailer
Hour
$139.00
Trailer -Jet Machine Trailer
Hour
$87.00
Trailer - Light Tower Trailer (includes generator)
Day
$378.00
Trailer - Lowboy Flatbed Trailer
Hour
$89.00
Trailer - Marine Response Trailer
Day
$484.00
Trailer - Pressure Washer Trailer (hot/cold - incl. tank & hoses)
Day
$645.00
Trailer - Rolloff Unit - Double Rail
Hour
$87.00
Trailer - Rolloff Unit - Single Rail
Hour
$64.00
Trailer - Transfer Trailer
Day
$1,001.00
Page 12 of 14
CSC No. 63654
2025 MSA Rate Sheet
Trailer - Walking Floor (53')
Trailer - Van Trailer (48' or 53')
TRUCK
Annihilator
Recovery Truck
Personnel Car
Personnel Van
UTV
Truck- 10K 600 hp Mounted Water Blaster
Truck - 110 Barrel Carbon Steel Pump Truck
Truck - 20K 600 hp Mounted Water Blaster
Truck - 3000 Gallon Straight Vac Truck
Truck - 3400 Gallon Stainless Steel Turbo Vac
Truck - Box Truck
Truck - Box Truck Emergency Response
Truck - Dump (tandem)
Truck - Dump (triaxle)
Truck - Hydro Vacuum
Truck - One Ton ER truck
Truck - Rail Repair & Specialty Services
Truck - Roll Off - Straight
Truck - Semi Tractor
Truck - Service Truck 4 x 4 Crew/ 3/4 Ton
Truck - Service Truck 4x4 Crew/ 1/2 Ton
Truck - Stake Bed
Truck - Vacuum - non DOT Code
Truck - Winch Truck
Rates Effective 01/01/2025
Revised March, 2025
Hour
$175.00
Hour
$82.00
Unit
Rate
Hour
$436.00
Hour
$246.00
Day
$149.00
Day
$149.00
Day
$400.00
Hour
$180.00
Hour
$148.00
Hour
$227.00
Hour
$148.00
Hour
$148.00
Hour
$113.00
Day
$1,060.00
Hour
$100.00
Hour
$100.00
Hour
$258.00
Day
$554.00
Day
$769.00
Hour
$100.00
Hour
$104.00
Day
$409.00
Day
$327.00
Day
$578.00
Hour
$104.00
Hour
$100.00
1- All rates are portal to portal. Daily cost items are charged at 1.25 times the standard daily rate, applicable after twelve
hours.
2 - Daily Rate Items will be billed at a minimum of a half day per day on the project. In the event of project delays (cancellation,
weather, stand -down or other delays outside the control of EnviroServe), the client will be charged the Half Day Rate for daily
billed items and a minimum four hours for hourly billed items and labor.
3 - The prices listed apply with exception to regional variances and subject to change with 30 days notice.
Page 13 of 14
CSC No. 63654
EN VIR C SER VE 2025 MSA Rate Sheet Rates Effective 01/01/2025
Revised March, 2025
4 - Fuel & Maintenance Surcharge Schedule
The fuel surcharge will continue to be assessed on a sliding scale in accordance to the Weekly DOE Index. The fuel surcharge
will raise 1% for every ten (10) cents per gallon increment. The following scale will be used to calculate the fuel surcharge on a
weekly basis and is assessed on the total unit cost of equipment with operator.
Fuel Cost/Gallon Surcharge:
$2.00-$2.10 14% $2.51-$2.60 19% $3.01-$3.10 24% $3.51-$3.60 29% $4.01-$4.10 34% $4.51-$4.60 39%
$2.11-$2.20 15% $2.61-$2.70 20% $3.11-$3.20 25% $3.61-$3.70 30% $4.11-$3.20 35% $4.61-$4.70 40%
$2.21-$2.30 16% $2.71-$2.80 21% $3.21-$3.30 26% $3.71-$3.80 31% $4.21-$4.30 36% $4.71-$4.80 41%
$2.31-$2.40 17% $2.81-$2.90 22% $3.31-$3.40 27% $3.81-$3.90 32% $4.31-$4.40 37% $4.81-$4.90 42%
$2.41-$2.50 18% $2.91-$3.00 23% $3.41-$3.50 28% $3.91-$4.00 33% $4.41-$4.50 38% $4.91-$5.00 43%
If fuel prices escalate greater than the scale above, the fuel surcharge will continue to be increased 1% for every ten (10) cents
a gallon increment.
5 - Replacement of damaged/contaminated equipment, or the rebuild and equipment decontamination costs, including
replacement gaskets, will be invoiced at cost plus and labor.
6 - EnviroServe reserves the right to use third party suppliers. Personnel, equipment and supplies provided by third party
suppliers may be billed at the line item rates listed on this Rate Schedule, or based on regional price variances.
7 - Items marked as cost plus, or not identified on this rate schedule, or regional variance items will be provided at a 25%
markup. Case by case items are priced by EnviroServe.
8 - All standalone equipment rates are exclusive of labor.
9 - All waste generated during the course of a project shall remain the sole property of the Client. EnviroServe is authorized to
transport such waste on behalf of the Client. Disposal of the waste by EnviroServe may only be conducted upon receiving
explicit authorization from the Client, which must be evidenced by the execution of a waste profile and the completion of all
required shipping documentation.
10 - Non Haz Waste Storage fee assessed 10 calendar days after waste profile has been sent to generator for signature.
11- Holidays are billed at Holiday Rates and include New Years Day, Easter Sunday, Memorial Day, Independence Day, Labor
Day, Thanksgiving and day after, Christmas Eve and Christmas Day, and/or any EnviroServe designated holidays.
12 - EnviroServe may, at any time per written notice, make changes to the terms and conditions of this Agreement with
respect to the scope and performance hereunder of the services. If such change causes an increase in the price, fees, or time
period for the performance of the services, this Agreement shall be modified accordingly. If the parties fail to agree on such
modifications within five (5) days of request by EnviroServe, EnviroServe shall have the right to terminate this Agreement with
no further liability or obligations hereunder. EnviroServe shall not be bound by any change orders unless signed by a duly
authorized representative of EnviroServe.
13 - Invoices for amounts owed to Enviroserve will be payable by Customer within 30 days from invoice date. Enviroserve may
immediately cease providing services if any invoice has not been paid in full. Any balance not paid when due shall bear interest
from the due date until paid at the rate of eighteen percent (18%) per annum both before and afterjudgment.
14 - If it is necessary to commence legal action to collect any unpaid balance, Customer agrees to pay all costs of collections,
including court costs and reasonable attorney fees.
15 - A minimum fee of $5,000.00 will be charged to any new Customer. The fee will be paid at the time of ordering services
and any charges estimated to exceed the minimum fee must be paid before EnviroServe will begin to provide services. Credit
card payments must be accepted and approved in advance and may incur a processing fee of 3%.
16 - EIC Fee is accessed on all invoiced line items.
17 - All rates are subject to change due to fluctuations in wages, equipment, materials, etc.
Page 14 of 14
Docusign Envelope ID: 81BB1175-7D26-4EFF-A24A-586DA334163F
CSC No. 63654
Exhibit D - Emergency Contract Authorization Memorandum
FORT WORTH
MEMORANDUM
Date: May 13, 2025
To: Jesica McEachern, Assistant City Manager
From: Chris Harder, P.E. Water Director
Via: Doug Black, Senior Assistant City Attorney
Brandy Hazel, Interim Chief Procurement Officer
CC: Christina Brooks, Director, Diversity and Inclusion Department
Subject: Emergency Contracts — Village Creek Crude Oil Discharge Cleanup and Repairs
The Water Department requests approval of emergency expenditures and contract procurement necessary
to respond to and mitigate the damage from the discharge of approximately 100,000 gallons of crude oil
from an Energy Transfer LP (ETF) petroleum pipeline into the wastewater collection system which then
flowed to and affected the Village Creek Water Reclamation Facility (VCWRF).
On May 5, 2025 VCWRF staff noticed a petroleum odor and discovered petroleum in the plant influent
from the south (Village Creek Collector Sewer). Accordingly, both pretreatment services and field
operations staff mobilized to inspect the collection system to find the source of the petroleum discharge.
Meanwhile, significant volumes of petroleum were being received at the VCWRF, with plant staff
working to minimize migration of the petroleum into the aeration basins and digesters.
On the afternoon of May 6t", the source of the discharge was discovered, a ruptured 16" crude oil pipeline
owned by ETF that crosses over an existing 36" sewer line, which was also damaged and into which the
crude oil was flowing directly into the sewer system. ETF shut down its crude oil line after verifying that
it was not a false alarm. Unfortunately, the volume of crude oil coming in to VCWRF overwhelmed
certain areas of the facility and, despite staff's best efforts to contain and remove the oil, some damage
was done.
Fort Worth's emergency response on May 6t" was subdivided into two separate geographical areas:
• At the VCWRF — removal of the crude oil and restoration of plant treatment process
• At the pipeline — setup bypass pumping, install plug, and replace/rehabilitate damaged sewer line,
removal of debris that washed into collection system due to pipe damage.
Docusign Envelope ID: 81 BB1 175-7D26-4EFF-A24A-586DA334163F CSC No. 63654
Exhibit
On the evening of May 61h, ETF agreed to assist with the VCWRF cleanup and dispose of crude oil
collected as part of the City's containment and cleanup efforts. In addition to the assistance from ETF,
Fort Worth requested the following work from various qualified vendors and contractors:
VCWRF Emergency Response and Restoration
o Pumping oil from South LS wetwell, scum tank and primary clarifiers to frac tanks
o Skimming primary clarifiers, aeration basins, and final clarifiers of crude oil
o Dosing enzymes for aeration basin recovery
o Reseeding of aeration basin activated sludge
o Trucking waste activated sludge to drying beds
o Replacing/cleaning filter media
0 Collection System 36" Pipe Replacement/Rehabilitation
o Plugging and bypass pumping damaged sewer line
o Television inspection and debris removal from existing pipelines
o Rehabilitate and replace the damaged portion of the 36-inch sewer line
Waiting to bid and award a contract to perform this work is not the best interest of the health and safety of
the City of Fort Worth. Section 252.022 of the Local Government Code exempts from normal bidding
requirements expenditures that are necessary to preserve or protect public health or safety of the
municipality's residents and procurements necessary because of unforeseen damage to public machinery,
equipment, or property.
This memo is submitted to inform the CMO that, pursuant to the emergency authority found in City Code
Chapter 2, Article I, Section 2-9 of the City's Code of Ordinances as well as the Local Government Code
Chapter 252, City staff have reached out to vendors that have the competency, resources, and availability
to quickly respond to this situation. The following agreements are recommended to be executed:
Company Name
Scope of Work
Cost Estimate
Jackson Construction
•
Repair/replace damaged sewer pipelines
$1,500,000
Rain for Rent
•
Bypass pumping/plugging sewer lines
$200,000
United Rentals
•
Bypass pump and pipe rental
$100,000
Republic Services
•
Frac tanks, pumping, hauling, skimming
$400,000
EnviroServe
•
Frac tanks, pumping, hauling, skimming
$500,000
Mulholland Energy
•
Frac tanks, pumping, hauling, skimming
$150,000
Services
Dukes Root Control
•
Enzyme for wastewater treatment
$75,000
Filter Media (Vendor TBD)
•
Remove/replace/clean filter media
$1,500,000
Ace Pipe Cleaning
•
Pipeline television inspection, debris removal _
$100,000
Renda Environmental
•
Trucking waste activated sludge to drying beds
$350,000
Total Estimated Cost:
$4,875,000
Docusign Envelope ID: 81BB1175-7D26-4EFF-A24A-586DA334163F
CSC No. 63654
Final costs associated with these agreements will be based on actual usage, duration, and repair work and
could increase. A confirming M&C will be circulated to ratify the contracts after the work has been
performed.
In addition to these costs, Fort Worth anticipates significant operational costs associated with this
emergency for increased chemical and power usage (disinfection and nitrification process), additional
dewatering costs and staff overtime. There may also be regulatory costs associated with the plant
discharge permit, as the oil discharge significantly inhibited the effectiveness of the regular treatment
processes which may result in a discharge permit violation from TCEQ/EPA.
If you have any questions, please contact Chris Harder at 817-392-5020.
APPROVED FOR EMERGENCY PROCUREMENT:
Christonher Hardor
Recommended: Christopher Harder (May 14, 2025 07:27 CDT)
Approved as to form and Legality:
Approve:
Approve:
Chris Harder, P.E., Director, Water Department
Douglas Black (f lay 14, ? U 2510:42 CDT)
Douglas W. Black, Sr. Assistant City Attorney
6tandy Hazel' ray 14, -1�7 CDT)
Brandy Hazel, Interim Chief Procurement Officer
cv�
Jesica McEachern, Assistant City Manager