Loading...
HomeMy WebLinkAboutContract 63654Docusign Envelope ID: 81 BB1 175-7D26-4EFF-A24A-586DA334163F 3IIi•`Z910=09911 ! FORT WORTH,,,, ""1% 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 Vendor Services Agreement VCWRF — Emergency Response — EnviroServe CITY SECRETARY Page 1 of 13 FT. WORTH, TX Docusign Envelope ID: 81 BB1 175-7D26-4EFF-A24A-586DA334163F 14WIS OW0991 • ,i 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 Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 2 of 13 Docusign Envelope ID: 8113131175-7D26-4EFF-A24A-586DA334163F 314i•` ISHOW0991M 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 Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 3 of 13 Docusign Envelope ID: 8113131175-7D26-4EFF-A24A-586DA334163F 14WIS OW0991 • ,i 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 Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 4 of 13 Docusign Envelope ID: 8113131175-7D26-4EFF-A24A-586DA334163F 14WIS OW0991 • ,i 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. Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 5 of 13 Docusign Envelope ID: 81BB1175-7D26-4EFF-A24A-586DA334163F 14WIS OW0991 • ,i 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 Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 6 of 13 Docusign Envelope ID: 8113131175-7D26-4EFF-A24A-586DA334163F 314i•` ISHOW0991M 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. Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 7 of 13 Docusign Envelope ID: 8113131175-7D26-4EFF-A24A-586DA334163F 314i•` ISHOW0991M 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 Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 8 of 13 Docusign Envelope ID: 8113131175-7D26-4EFF-A24A-586DA334163F 314i•` INNOWOON ! 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) Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 9 of 13 Docusign Envelope ID: 81 BB1 175-7D26-4EFF-A24A-586DA334163F 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 Vendor Services Agreement VCWRF — Emergency Response — EnviroServe Page 10 of 13 Docusign Envelope ID: 811361175-7D26-4EFF-A24A-586DA334163F CSC No. 63654 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