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HomeMy WebLinkAboutContract 41972CITY SECRETARY, 1 I Ci 1 ').__ CONTRACT NO .. ~'~~~ CONTRACT Between CITY OF FORT WORTH and AQUA CLEANING AND ENVIRONMENTAL SERVICES, LLC For EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Project#: ENV 11-01: ERS Transportation & Public Works Department Environmental Services Division June 2011 OFFICIAL RECORD CITY SECRETARY FT,WORTN, ~ STATE OF TEXAS COUNTY OF TARRANT § § § KNOWN ALL BY THESE PRESENTS CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS This Contract is entered into by and between the City of Fort Worth, a home-rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas ("City"), acting through Fernando Costa, its duly authorized Assistant City Manager, and Aqua Cleaning and Environmental Services, LLC ("Contractor"), acting through Erick D. McCallum, its duly authorized Managing Member. in consideration of the mutual promises and benefits of this Contract, the City and the Contractor agree as follows: ARTICLE 1. DEFINITIONS In this contract, the following words and phrases shall be defined as follows; Contract Documents means this contract, the Invitation to Bid, attachments, amendments, and appendices to the Invitation to Bid, the Contractor's response to the Invitation to Bid , all ancillary documents submitted with the Contractor's response to the Invitation to Bid, and any contract amendments, change orders, task orders or other documents related to the substance of this contract. Hazardous materials means those materials defined as hazardous by the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. Hazardous substance means any substance designated pursuant to 33 U.S.C. § 1321 (b)(21 )(A); any element, compound, mixture, solution , or substance designated pursuant to 42 U.S.C . § 6921 , the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress ; any toxic pollutant listed under 33 U.S .C. § 1317(a); any hazardous air pollutant listed under 42 U .S .C. § 7412 , the Clean Air Act; and any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to 15 U.S.C. § 2606. The term does not include petroleum, including crude oil substance under any of the above references , and the term does not include natural gas , natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 1 of 23 Hazardous Waste means any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq., as amended. Notice to Proceed means oral notice by an authorized representative of the TPW Environmental Services Division that directs the Contractor to mobilize to the work site. Oil means any kind of oil in any form , including, but not limited to, petroleum, fuel oil, crude oil , or any fraction thereof which is liquid at standard conditions of temperature and pressure , sludge , oil refuse, and oil mixed with waste. Order of Cessation means notice , either oral or written , from the City's Representative to immediately halt further work under this Contract. Pollutant means dredged spoil; solid waste; incinerator residue; filter backwash; sewage (including sewage from boats); garbage; sewage sludge; munitions ; medical wastes; chemical wastes; biological materials ; toxic materials; radioactive materials; heat, wrecked or discarded equipment; rock ; sand; cellar dirt; industrial, municipal, recreational , agricultural and other waste ; and certain characteristics of wastewater (e .g., pH, temperature, TSS, turbidity , color, BOD, COD , toxicity , or odor). Respond within One Hour means that within one hour after notification and authorization for action by City, Contractor shall be at the work site with sufficient personnel, materials, and equipment necessary to effectuate an adequate response. The adequacy of the response shall be determ ined in the sole reasonable judgment of the City . Responsible Party means the owner or operator of a veh icle , pipeline , or facility from which there has been a release or a threatened release of toxic or hazardous substances, materials, or wastes; oil or petroleum substance ; pollutants; or contaminants . Subcontract means a contract between the Contractor for this project and another person or company for any task defined in the scope of work . A purchase order is also considered a subcontract. ARTICLE 2 . SCOPE OF CONTRACTOR 'S SERVICES Contractor hereby agrees to perform as an independent contractor the serv ices set forth in the Scope of Work attached hereto as Attachment "A ". CONTRACT FOR EMERGENCY RESPONSE SERVICES F OR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 2 of 23 ARTICLE 3. COMPENSATION Section 1. Fee Schedule. City and Contractor agree to the unit prices, labor rates, and other costs as specified in this contract. Contractor shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies , and equipment necessary to complete the services described in Attachment "A". The total fee paid by the City shall not exceed a total of twenty four thousand, nine hundred ninety nine dollars ($24,999.00) and the City will not be liable for any Contractor fees, costs, or other remuneration in excess of this amount unless the City has signed and issued a formal duly authorized amendment or modification to this contract. Section 2 . Invoice and Payment. The Contractor shall provide monthly invoices to the City. All invoices must reflect the City Task Order number. Invoices shall contain a detailed breakdown to include: labor including employee name, functional title, date and hours of work performed; internal supplies and services provided ; and external supplies and services provided. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. The Contractor shall also provide the City with quarterly updates showing the total and itemized costs incurred to the City for each task ordered and the amount remaining in the contract not-to-exceed amount. Contractor shall rece ive no additional compensation for work delays or hindrances except when direct and unavoidable extra costs to the Contractor are caused by the City 's gross negl igence . CONTRAC T F OR E ME RG ENCY RE SPONSE SERVICE S FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 3 of 23 ARTICLE 4. TERM This term of this contract shall be for a period of twelve (12) months beginning from the date of execution by the City Secretary and may be extended by subsequent agreement of both parties for three (3) additional twelve month periods for a total of forty-eight (48) months. The contract prices resultant from this solicitation shall prevail for the full duration of the initial twelve month term. For subsequent renewals all conditions , terms, and pricing shall remain the same as stated in the original contract unless otherwise agreed upon in writing by both parties in a duly authorized contract amendment. ARTICLE 5. INDEPENDENT CONTRACTOR The City agrees to hire Contractor as an independent contractor, and not as an officer, servant, or employee of the City . Contractor shall have the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors . Nothing herewith shall be construed as creating a partnership or joint venture between the City and Contractor, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has no application as between the City and Contractor. ARTICLE 6. INDEMNIFICATION Section 1. Definitions . In this Article, the following words and phrases shall be defined as follows: Environmental Damages shall mean damages which are incurred as a result of negligence , an intentional tort, failure to meet the standard of care exercised by companies providing similar services in the state of Texas, or a violation of environmental requirements pertaining to work performed under this contract by the Contractor and/or Subcontractors, and including without limitation: a. Damages (both direct and indirect damages including consequential and punitive damages) for personal injury and death, or injury or impairment to property or natural resources; and b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and other reasonable costs required by any federal , state or local governmental agency or otherwise expended to investigate and remedy the environmental damages including any consultant's and attorney's fees, costs CONTRACT FOR EMERGENCY R E SPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 4 of 23 and expenses incurred in enforcing this contract or collecting any sums due hereunder. Environmental requirements shall mean all applicable to the work performed under this agreement (or which may become applicable during the term of this agreement) statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States , states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the environment and the health and safety of employees or the public. Section 2. General Indemnification . CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PREEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATIORNEYS FEES AND COSTS OF INVESTIGATION AND LITIGATION ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF CONTRACTOR, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, VENDORS, AND SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT. THIS INDEMNIFICATION INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING : a. SOLE OR JOINT NEGLIGENCE b. ANY INTENTIONAL TORT , FRAUD, MALACE , MALFEASANCE, OR CRIME c. VIOLATION OF A LAW OR REGULATION d. BREACH OF ANY DUTY TRIGGERING STRICT LIABILITY CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Pages of23 e. THE INFRINGEMENT OF ANY TANGIBLE, INTANGIBLE, OR INTELLECTUAL PROPERTY INTEREST f. FAILURE TO PAY A DEBT INCURRED PARTIALLY OR WHOLLY IN PERFORMANCE OF THIS CONTRACT g. ANY CLAIM FOR DAMAGE TO A PERSON'S REAL OR PERSONAL PROPERTY INTEREST, OR PERSONAL INJURY , AND/OR DEATH. FOR THE PURPOSES OF THIS ARTICLE, DAMAGES SHALL BE CONSTRUED BROADLY TO INCLUDE CURRENT AND FUTURE DAMAGES , AND DIRECT AND INDIRECT DAMAGES SUCH AS PUNATIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES. Section 3. Environmental Indemnification. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND , REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF CONTRACTOR , ITS OFFICERS, AGENTS , EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS , EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY AND WHICH ARE DIRECTLY RELATED TO EITHER (i) NEGLIGENCE; (ii) INTENTIONAL OR WILLFUL MISCONDUCT ; (iii) RELATED TO A VIOLATION OF A LAW, REGULATION, OR PERMIT; OR (iv) A BREACH OF A DUTY OF CARE OR PROFESSIONAL STANDARD. Section 4. The obligations of the Contractor under this Article shall include , but not be limited to , the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims , suits or proceedings are groundless , false , or fraudulent , and conducting all negotiations of any description , and paying and discharging , when and as the same become due , any and all j udgments , pena lt ies or oth er sums due aga inst such indemn ified persons . Upon learning of a cla im , lawsu it , or other li ab ility wh ich Contractor is required hereunder to indemnify , City shall prov ide Contractor with reasonable timely notice of same . CONTRA CT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11 -01 : ERS Page 6 of 23 All Contractors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors herein. The obligations of the Contractor under this Article shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. ARTICLE 7. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Contractor shall deliver to City, certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. A. Insurance coverage and limits: 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2 . Professional Liability Insurance $1,000,000 each occurrence; $1,000,000 aggregate 3. Automobile Liability Insurance Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Contract shall be included under this policy . 4 . Worker's Compensation Coverage A: statutory limits Coverage B: $100 ,000 each accident $500,000 disease -policy limit $100 ,000 disease -each employee 5. Environmental Impairment Liability (Ell) and/or Pollution Liability CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 7of23 $4,000,000 per occurrence. Ell coverage(s) must be included in policies listed in subsections 1 and 2 above ; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). B. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with the Contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon , as its interests may appear. The-term City shall include its employees, officers, officials, agents, and volunteers as respects the Contracted services. 2. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Contractor's insurance policies. Notice shall be sent to Department of Risk Management, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 6 . Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 7. Deductible limits, or self-insured retentions , affecting insurance required herein shall be acceptable to the City in its sole discretion ; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved . Dedicated financial resources or Letters of Credit may also be acceptable to the City . 8 . Applicable pol icies shall each be endorsed with a wa iver of subrogation in favor of the City as respects t he Contract. 9. The City shall be entitled , upon its request and without incurring expense , to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion; the Contractor may be required to provide proof of insurance premium payments . CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 8 of23 10. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 11. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Contractor's overhead. 12 . All insurance required above shall be written on an occurrence basis in order to be approved by the City. 13. Subcontractors to the Contractor shall be required by the Contractor to maintain the same or reasonably equivalent insurance coverage as required for the Contractor. When subcontractors maintain insurance coverage, Contractor shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Contractor of the contract. ARTICLE 8. BONDS A. Payment and Performance Bonds. Before beginning the work, the Contractor shall be required to execute to the City of Fort Worth, a payment bond if the contract is in excess of $25 ,000, and a performance bond if the contract is in excess of $100,000 . The payment bond is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or subcontractor to supply labor or material; and in 100% the amount of the Contract. The performance bond is solely for the protection of the City of Fort Worth ; in 100% the amount of the Contract; and conditioned on the faithful performance by Contractor of the work in accordance with the plans, specifications, and contract documents . Contractor must provide the payment and performance bonds, in the amounts and on the conditions required, within 14 calendar days after Notice of Award. B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7 .19-1 of the Texas Insurance Code . All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code , as amended. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as ·a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC-ENV 11-01 : ERS Paga 9 of 23 permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City , in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City . Should any surety on the Contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 10 of 23 r ARTICLE 9. WARRANTY Contractor warrants that it understands the actual and potential hazards which are presented to persons, property and the environment by the type of work to be performed under this contract. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. ARTICLE 10. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default because of any failure to perform in a timely manner under this contract, if the failure arises from acts of God, acts of the public enemy, fires, epidemics, quarantine restrictions, labor strikes, freight embargoes, and unusually severe weather, except however that Contractor shall take all reasonable measures to mitigate any delays and costs . The City in all circumstances reserves the right to obtain performance of the services anticipated by this contract from another Contractor at its sole discretion for any reason and such an act will not be deemed to be a breach by the City. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above , within the true meaning of this contract, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. D. Alternatively , if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents , City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC-ENV 11-01: ERS Page 11 of 23 E. City may terminate this Contract with or without cause upon written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination . The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. F. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. ARTICLE 11. LICENSES AND PERMITS Contractor certifies and warrants that on the day any work is to commence under this contract and during the duration of the contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. ARTICLE 12. OBSERVE AND COMPLY Contractor shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation , whether it be by itself or its employees. ARTICLE 13 . MODIFICATION No amendment or modification of this Contract shall be binding on the Contractor or the City unless set out in writing and signed by both parties. No amendment or modification shall be binding upon the City unless signed by the City Manager or an Assistant City Manager of the City of Fort Worth. Any changes to the scope of work or compensation must be in the form of a written, formal, authorized modification of this CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 12 of 23 contract that is in accordance with all applicable state and city laws, regulations, and ordinances. In no event shall any verbal authorization changing the scope of work or verbal agreements for additional compensation be binding upon the City. Contractor expressly agrees a) not to make changes to its legal, financial, or logistical position on any matter based on any oral representation by an employee, contractor, or agent of the City prior to obtaining a written modification to this contract; b) that it waives any claim based upon reliance or estoppel as a result of acting or not acting due to an alleged oral change to a material term of this contract from the City, its employees, contractors, or agents; and c) that it waives any claim for compensation for work performed based upon an alleged oral change to a material term of this contract from the City, its employees, or agents. ARTICLE 14. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. ARTICLE 15. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts . Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. ARTICLE 16 . NON-DISCRIMINATION During the performance of this contract, Contractor shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article Ill of the Code of the City of Fort Worth. CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 13 of 23 Contractor agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract , that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. ARTICLE 17. GOVERNING LAW The City and Contractor agree that the validity and construction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. ARTICLE 18 . SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. ARTICLE 19. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist , on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition , unless such waiver be expressed in writing by the party to be bound. CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 14 of 23 ARTICLE 20 . VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas -Fort Worth Division. Contractor affirms that it is subject to the jurisdiction of said Courts. ARTICLE 21. NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below : If to the City: If to the Contractor: Michael A. Gange, Assistant Director Transportation and Public Works Department City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102-6311 Erick D. McCallum Aqua Cleaning and Environmental Services PO Box 171953 Arlington, TX 76003 ARTICLE 22. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. If Contractor desires to subcontract any service(s) to be performed under this contract, Contractor agrees to obtain the City 's written acceptance of such subcontractor(s) before allowing any subcontractor(s) to perform designated service or services . Failure of the Contractor to obtain the City's written acceptance of any and all of the Contractor's subcontractors used in the performance of this agreement shall be grounds for automatic termination. In addition, Contractor acknowledges that City may, at City 's own discretion, perform on-site audits of all proposed subcontractors ' facilities in order to determine acceptability of the Subcontractor(s). CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental SeNices, LLC-ENV 11 -01 : ERS Page 15 of 23 ARTICLE 23. NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 24. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. ARTICLE 25. ENTIRETY This contract, the contract documents and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto . In the event of any conflict between this contract and any other contract documents, then the terms of this contract shall govern. ARTICLE 26. AUTHORITY AND EXECUTION By signing this contract Contractor warrants that it has had the opportunity 1) to examine this contract in its entirety, 2) to have its legal counsel examine and explain the content, terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to negotiate the terms of this contract within the bounds of applicable law. Having had the opportunity to submit its bid and also to specifically negotiate the terms of this contract, Contractor agrees to be bound by this contract and expressly agrees to the terms of this contract, including terms that may vary from those of the Invitation to Bid or the Contractor's proposal. The signatory to this contract represents that he or she is legally authorized by the Contractor to enter into a binding agreement on behalf of the Contractor. CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental SeNices, LLC -ENV 11-01 : ERS Page 16 of23 The remainder of this page is left intentionally blank CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01: ERS Page 17 of 23 ATTACHMENT A ADDITIONAL CONDITIONS AND SCOPE OF WORK SCOPE OF CONTRACTOR'S SERVICES Contractor shall furnish all labor, materials, and equipment necessary for and have the responsibility to: • Respond WITHIN ONE HOUR of being notified by the City to a release or threatened release of toxic or hazardous substances, materials, or wastes; oil or petroleum substance; pollutants; or contaminants. WITHIN ONE AND HALF-HOURS of initial notification provide the necessary personnel, materials, and equipment for an adequate response . Notification may be made by the City as a phone call or other reasonable means. The adequacy of the response shall be determined by the City in its sole reasonable judgment. • If requested by the City, collect samples and have analytical testing performed to assist in the characterization and profiling of waste for disposal. All analytical testing shall be performed at a Laboratory designated by the City . • Negotiate approval with the City for profiled waste and make arrangements for disposal if the waste is Class II Non-Hazardous Waste. • If the waste is either Hazardous or Class I Non-Hazardous Waste, the Provider shall contact the City to make arrangements for disposal through the hazardous waste disposal company under separate contract with the City. • Assist the Fort Worth Fire Department, under Fire Department command direction, in confined space entry or reactive chemical ordinance until command is passed from Fire Department to other City staff control. • Provide on-site remediation of wastes as requested (such as bio-remediation). • Have the capability to provide transportation of hazardous and non-hazardous solid and liquid wastes. • Provide sorbent products to the City on an as-needed basis . Response Action Report Following an Order of Cessation or completion of response action , Contractor shall provide a comprehensive report of the actions taken on behalf of the City of Fort Worth within five (5) days. The written report shall include a summary of all actions including final cleanup and the name of the City employee who initially contacted the Contractor for response . This report shall accompany the invoice submitted for the work. CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 18 of 23 Waste Disposal Documentation Contractor shall further provide City with fully executed copies of Waste Manifests within 30 calendar days of waste shipments . No payment shall become due and payable until all pertinent Waste Manifests have been delivered to the City . Contractor shall provide all paperwork and documentation needed to complete waste shipments. Contractor certifies that it has and will maintain during the term of this Contract, current and appropriate federal, state, and local licenses and permits to perform the work described in the Contract Documents. In addition, Contractor agrees to require any of its subcontractors used to perform this Contract to have and maintain current and appropriate federal, state and local licenses and permits to perform this contract; and SCOPE OF CITY SERVICES The City agrees to perform the following services: • Designate a City representative to provide timely direction to the Contractor, render City decisions and to accompany Contractor to the work site. • Provide written confirmation of mobilization on the next business day following the notification. This confirmation will include the Fire Department's incident number for tracking purposes . • Coordinate with City facilities, City departments, and any tenants. • Arrange, coordinate, and take any and all actions reasonably necessary to obtain and secure ingress and egress to emergency response sites . Contractor herein agrees that it will attempt entrance to an emergency response site only upon authorization by the City. ORDER OF CESSATION City may issue an Order of Cessation under the following circumstances: 1. Contractor has entered into an agreement with the Responsible Party for remediation services at the work site . In such event, City shall have no further responsibility to the Contractor after the agreement with the Responsible Party has been executed and the City has been provided a copy of such agreement; 2. The Responsible Party has entered into an agreement with another contractor to perform remediation services at the work site, and that contractor has arrived on scene. In such event, Contractor shall cancel its response if in route or take all appropriate steps to turn control of the remediation over to the Responsible Party 's contractor. CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 19 of 23 3. At any time City determines that the work is being carried out in a hazardous or unlawful manner. In such event, Contract shall immediately turn control of in-use containment or sorbent products to the City, and perform appropriate demobilization activities . The remainder of this page is left intentionally blank CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMl=NTAL HAZARDS Aqua Cleaning and Environmental Services, LLC -ENV 11-01 : ERS Page 20 of 23 ATIACHMENT B COMPENSATION Compensation shall be in accordance with the compensation schedule below. The labor prices therein are per hour are for services provided between the hours of 7:00 AM and 5:00 PM Central Standard Time (or Central Daylight Time , as applicable) and shall be considered the base compensation rate . Services provided between 5:00 PM and 7 :00 AM shall be considered after-hours and will be compensated at 1.5 times the base compensation rate. LABOR TYPE Manager Project Supervisor Health/Safety Supervisor Site Safety Site Safety Officer Site Safety Scientist Chemist Scientist Biologist Clerical PPE Type Boots Acid Resistant Gloves Latex Gloves Leather Gloves Nitrile Level "A " Suit Kaooler Responder Level "B" Suit Kaooler CPF IV Level "B" Suit Kappler CPF Ill Level "C " Suit CPF2 -Tape Seam Level "C " Suit CPF2 -Sewn Seam Tyvek Suit Coveralls Materials Type Absorbent Oil Boom Abso rbent Oil Pad Absorbent Verm icul ite Wi pes 12" X 12 " Roll Sod ium Hypochlorit e Gallon Spill Control/Bio Remed iat ion Gallon - 5 Products Decon Supplies Brush Decon Supplies Pails Decon Supplies Pools 4X4 Pump 2" Diaphram Pump 3" Diaphram CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS Aqua Cleaning and Environme nta l Services, LLC -ENV 11-01: ERS PRICE/ HOUR $135/hr $65/hr $60/hr $60/hr $80/hr $80/hr $17/hr Price/ Unit $90/pair $1 .75/pair $6.25/pair $4.00/pair $940/ea . $220/ea. $90/ea. $80/ea . $40/ea. $11/ea. Price/ Unit 3" x 4 ' $67 per box 15 x 20 $71 per box 16 Lb bag $35 .00 $40 .00 $7/ gallon B io Bugs $159.00 $10 .00 $20 .00 $220 .00 $300/ day $250/ day Page 21 of 23 Containers Type Price/ Unit Drum Poly salvage 30 gal w/ lid $65 .00/ea . Drum Steel salvage 30 gal $70 .00/ea . Drum 55-gal ORF $45.00/ea . Drum 55-gal ORM $40 .00/ea . Roll off 10 Yd" $15 .00 per dav Roll off 20Yd;j $15 .00 per day Liner for Roll off $45 .00 ea . Monitor Equipment Type Price/ Unit PIO $150/ day Multiple Gas Detector 4 Gas Meter $100/ day pH Meter $35/day Mobile Equipment Type Price/ Unit Trailer Haz-Mat $700/dav Vacuum Truck 16 ft . $115/hr Bobcat Case 1845 $455/day Backhoe / Loader JCB 2105 $630/day Material Type Price/ Unit Compressor Small Air $100/day Generator 5 'r<W $100/day The remainder of this page is left intentionally blank CONTRACT FOR EMERGENC Y RESPONSE SERVI CE S FOR ENVIRONMENTAL HAZARDS Aqua Clean ing and Environmental Services, LLC -ENV 11-01 : ERS Page 22of23 SIGNATURE PAGE IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH BY ~~~CL Fernando Costa Assistant c ~zty1:9ager Dated: 1.~L!.J , APPROVED AS TO FORM AND LEGALITY: ~Ii-~ Arthur N. Bashor Assistant City Attorney CONTRACTOR Aqua Cleaning and Environmental Services, LLC BY:~ Erick D. McCallum Managing Member Witness NO M&C REQUIRED CORPORA TE SEAL: OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX CONTRACT FOR EMERGENCY RESPONSE Sl=RVICES FOR ENVIRONMENTAL HAZARDS Aqua Clean ing and Environmental Services, LLC -ENV 11-01 : ERS Page 23of23 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: JUNE 15, 2011 NAME OF PROJECT: Emergency Response Services for Enviromental Hazards PROJECT NUMBER: ENV 11 -01: ERS CONTRACTOR: Agua Cleaning and Environmental Services, LLC Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. VENDORCOMPLIANCETOSTATELAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction , improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B . A. Non-Resident vendors in _______ (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in _______ (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) are in the State of Texas. Bidder: Agua Cleaning and Environmental Services, LLC P.O. Box 171953 Arlington, TX 76003 By: (Please Print) s~ Title (Please Print) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C .A. Labor Code §406.96 (2000), as amended , Contract or certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Transportation and City of Fort Worth Project No. ENV 11-01: ERS. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR Agua Cleaning and Environmental Services, LLC ~---,. By : __ ~~--------- Name : tf"v,·c.J"~ ~cC)l--1/1.."'- Title : Oj;IJ eI Date: G --i :z ___ ( ( Before me, the undersigned authority , on this day personally appeared tr;,t .i). Mc (4 J/vm , known to me to be the person whose name is subscribed to the fo regoing instrument, and acknowledged to me that he executed the same as the act and deed of Agua Cleaning and Environmental Services, LLC for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this ~ay of :3":t.11':L. , 20.....;.,....:....t _ MRED J DEJESUS 111r Commilllotl bphl Qeclffllllr 23 . 201 i BID DOCUMENTS Submitted to: CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ENVIRONMENTAL SERVICES DIVISION 1000 THROCKMORTON FORT WORTH, TEXAS 76102 FORT WORTH For: PROJECT: ENV 11-01 :ERS ANNUAL CONTRACT FOR EMERGENCY RESPONSE SERVICES FOR ENVIRONMENTAL HAZARDS MUST BE DELIVERED TO PURCHASING DIVISION BEFORE 1 :30 ON TiiURSDAY, OCTOBER 28, 2010 By: AQvA C L~t\NIN6, A-ND £NVIR.DNMtNTAL Se:1<.v1 C..ESJ LLC. Company Name ~ 125 131 LLli /Yl, rc1-1eLL DfZJV~ , STE #1 oo , AbDJso,.../1 T~7 SoD I Address ., ' 10/B.? /rQo,o Date 2-2 TABLE OF CONTENTS A) Table of Contents B) Bid Summary and Signature C) Technology Description D) Provider Qualifications and Experience E) Subcontractor Information and Qualifications F) Cost G) Bonds H) Other Requirements; Insurance Certificates Legal/Compliance Hist. I) Health and Safety Plans I A Division of EHR lmim / Environmental • Hake -Ready • Restoration AQUA CLEANING AND ENVIRONMENTAL SERVICES, LLC. ERICK MCCALLUM, OWNER I am the authorized individual to contractually obligate this organization, negotiate this agreement and am the contact for clarification. ( • Oil Sp ill Recovery & Clean-up • Emergency Water Extraction • Pressure Washing & Cleaning • Parking Lot Striping • Graffiti Removal • Sand Blasting I I • Air Duct Clean ing • Pet Odor Removal & Disinfectant • 3M Scotchgard Protection • Carpet Repairs • All Types of Upholstery Cleaned including Haitian Cotton • Fire & Water Restoration • All Types of Foors & Windows • Building Janitorial www.cleaningguys.com 817-461-GUYS <4897 l • Cell 817-915-6113 • P.O. Box 171953 • Arlington, Texas 76003-1953 City of Fort Worth Invitation to Bid 2.1 BID SUMMARY A Scope of Work Bids are being accepted by the City of Fort Worth for the furnishing of all labor, materials, and equipment necessary to perform emergency response services for spills, abandoned wastes, and other environmental hazards as deemed necessary by the City. Services required may include providing analytical, disposal, consulting, and remediation services for spill control at all facilities and locations under the control of the City (owned, non-owned, &/or leased), including structures, ri9hts-of-way, storm sewers, surface water bodies, and illicit narcotics laboratories. The City will enter into Contract with a minimum of one Provider for this service. The number of Contracts to be awarded will depend upon the adequacy of the Proposals submitted, and the City's determination of the ability of the Providers to provide the necessary services. There will be no guaranteed minimum work under any contract awarded, however a maximum not-to- exceed amount of $24,999 will be in place. Under this Contract, the Provider shall have the following responsibilities: • Respond WITHIN ONE HOUR of being notified by the City to a release or threatened release of toxic or hazardous substances, materials, or wastes; oil or petroleum substance; pollutants; or contaminants. WITHIN ONE AND HALF-HOURS of initial notification provide the necessary personnel, materials, and equipment for an adequate response. The adequacy of the response shall be determined by the City in its sole reasonable judgment. • If requested by the City, collect samples and have analytical testing performed to assist in the characterization and profiling of waste for disposal. All analytical testing shall be performed at a Laboratory designated by the City. • Negotiate approval with the City for profiled waste and make arrangements for disposal if the waste is Class II Non-Hazardous Waste. • If the waste is either Hazardous or Class I Non-Hazardous Waste, the Provider shall contact the City to make arrangements for disposal through the hazardous waste disposal company under separate contract with the City. • Assist the Fort Worth Fire Department, under Fire Department command direction, in confined space entry or reactive chemical ordinance until command is passed from Fire Department to other City staff control. • Provide on-site remediation of wastes as requested (such as bio- remediation). • Have the capability to provide transportation of hazardous and non- hazardous solid and liquid wastes. • Provide sorbent products to the City on an as-needed basis; and At the conclusion of all response actions, provide a comprehensive written report of the actions taken on behalf of the City of Fort Worth within 72 clock hours. This one-page (minimum) report shall include a summary of all actions including final cleanup and the name of the City employee who initially contacted the Provider for response. A detailed report of the incident and response action shall accompany the invoice submitted for the work. DEM 10-12: ERS October 8, 201 O 2-3 City of Fort Worth Invitation to Bid B. Acknowledgement of Receipt of Addenda to the 1TB The undersigned acknowledges receipt of Addenda No. __ thru __ issued for this Invitation to Bid, and has included all addenda in the bid. [Insert N/A in blanks if no addenda were issued.] C. Bid Certification and Signature The undersigned having carefully examined the specifications, instructions, and conditions set forth in this Invitation to Bid, including all addenda, issued by the City of Fort Worth , affirms that he/she understands all requirements of this 1TB, is authorized to execute this bid and any contract(s) and/or other transactions required by award of this solicitation, and hereby proposes to provide the waste packaging, transportation, and disposal services as specified. The undersigned further attests and certifies that: a) Contractor equipment and personnel are capable of performing each type of procedure listed in Section 2.5 of this 1TB either with the bidder's resources or through subcontracts. b) All bid documents have been submitted in one sealed envelope. c) Unit prices are provided within the bid documents. d) This bid summary and the accompanying bid documents are intended to be complete and will remain valid for ninety (90) days from the date of submittal. All City contractors are required to comply with Chapter 17, "Human Relation s ," Article Ill, "Discrimination: Division 3, "Employment Practices,9 of the Code of the City of Fort Worth, prohibiting discrimination in employment practices. Bidder agrees that bidder, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of such Ordinance, and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by bidder, its employees, officers, agents, contractor or subcontractors herein. Firm Name: t\6h.JA CLEAN/Ne:, AND £NVJf1..DN/VJENrRL 5£1311 street Address: 4 t 2$ BI ~ 1 t11, ITC #ELL DI<.. I V € :P: ID D Number Street Name tlDuiSDN City Mailing Address : (if different) 1?. o. BP>? 171963 Signature of Authorized Representative El()a Mc .. CALLUIY) Print Name DEM 10-12: ERS October 8, 2010 Date: Trtle Suite 150DI Zip 2-4 ; LLC . City of Fort Worth Invitation to Bid 2.2 TECHNOLOGY DESCRIPTION This is a critical portion of the Proposal because the feasibility of the methods for completing the work must be carefully demonstrated . A description of the procedures to perform emergency response services for spills, abandoned wastes, and other environmental hazards as deemed necessary by the City, on-site analytical (hazcat), disposal of Class II Non-Hazardous Wastes , consulting, and remediation services for spill control shall be submitted with the Proposal documents. Photographs, schematic drawings and vendors' brochures should be included with the narrative description of each of the proposed work tasks. A description of the methods that will be used to conduct each of the following tasks should be included: • Methods for ensuring that the City has access to the Provider's services 24- hours per day, seven days a week ; • Methods for conducting on-site hazcat analysis of wastes; • Methods for ensuring Provider has 24-hour access to the following equipment: drum moving equipment, CAT 963 front-end loader or equivalent, motorized road broom, vacuum truck, 30 or 40 yard roll-off box, 21,000 gallon frac tank, Bobcat 743 or equivalent, photo-ionization detector (PIO); • General procedures used to respond to and facilitate the removal of any chemical spill or any potentially hazardous material or waste; • Methods of assisting the City in the preparation of waste profiles, manifests, and land bans to ensure compliant disposal of wastes; • Methods for deciding when to conduct remediation of waste disposal sites and how remediation (such as bio-remediation) wiU be done; • Methods through which transportation of hazardous and non-hazardous solid and liquid wastes will be provided; • Methods for providing sorbent products to the City on an as-needed basis (a list of sorbents and associated costs should be provided in Section 2.7 Cost Estimate); and • Any unique capabilities Provider has that could be beneficial to the City's emergency spill response program. A Provider must judge for itself the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelJigent Proposal. No information given by the City or any representative of the City other than that contained in the Contract documents and officially promulgated addenda hereto, shall be binding upon the City . Providers submitting Proposals shall rely exclusively and solely upon their own estimates. investigation. research. tests. and other necessary data for full and complete information upon which the Proposal is to be based . tt is mutually agreed that the submission of a Proposal is prima-facie evidence that the Provider has made the investigations, examinations, and tests herein required . Claims for additional compensation due to variations between conditions actually encountered in the project and as indicated in the Contract Documents will not be allowed. INCLUDE A COPY OF THE TECHNOLOGY DESCRIPTION FOLLOWING THIS PAGE BOUND WITl-llN Tl-IE PROPOSAL PACKAGE. DEM 10-12: ERS October 8, 2010 2-5 TECHNOLOGY DESCRITION -Aqua Cleaning and Environmental Services , LLC. has a 24-Hour/seven days a week emergency phone number which is , 817-925-6223. There are three main points of contact, including , the owner, a lead technician , and a biologist. -Aqua Cleaning and Environmental Services, LLC . Has the capabilities for handling customers ' hazardous and non-hazardous waste disposal, including coordinating transportation of waste to permitted TSDF(s). Our personnel are experts in handling, transporting, and disposing of hazardous, universal and no-hazardous waste. Through vast knowledge in RCRA, EPA, and DOT regulations, Aqua's customers are assured their waste is managed properly to reduce their risk of liability to human health and the environment. Waste profiles , manifests and labeling are professionally provided through our computerized waste tracking system . Aqua provides disposal alternatives through recycling, reuses and treatment resources when possible and practical. Each waste stream is carefully analyzed to determine the most economical and environmentally safe means of disposal. -Aqua will test a company's waste to determine if the waste needs to be classified as RCRA (Resource Conservation and Recovery Act) hazardous waste. In accordance with EPA methods, data from the analysis can show concentrations of 32 toxic contaminants in an extract from a waste sample. Waste-generating companies will receive the information needed to compare the concentration of each contaminant in their waste to the EPA regulatory level for each contaminant. -Aqua is familiar with the development and implementation of RCRA compliance plans such as Preparedness and Contingency Plans, Inspection Plans and Waste Analysis Plans . -Aqua's personnel have extensive training and more than 18 years experience ensures that each project will be controlled with the highest quality of safety and service. Our turnkey operation manages projects through on-site assessment, product containment and containerization, disposal and/or recycling of hazardous and non-hazardous waste and final clean-up of any contaminated area . -Aqua Cleaning and Environmental Services , LLC owns all of its equipment which includes : Case 1845 skid-steer, JCB 210S back-hoe, motorized sweeper, 16 ft. bobtail box trucks with vacuum and recovery units. -Our procedures for responding to the removal of any chemical spill, hazardous material or waste is as follows: Upon receiving notification from the City, we dispatch a 16ft. Bobtail box truck (Aqua Unit) with the vacuum and recovery capabilities from either our Fort Worth or Addison location, depending on which location is closest to the spill in order to respond within one hour of notification . If needed, the technician of the Aqua unit will call in any additional equipment required to facilitate with the clean-up; otherwise, clean-up will commence immediately when Aqua Unit arrives on scene. -Our fully compliant transportation fleet benefits all our customers ' needs from point of generation to final disposition of all waste types . Aqua can transport any type of container from small to bulk containers with liquids , solids or gases . Our fleet of experienced and technical drivers ensures that loads are fully compatible and compliant minimizing liability and cost to our customers. :Aqua Cleaning and Environmental Services , LLC has the unique ability to clean quickly and thoroughly with patented and proprietary equipment custom built equipment by parent company Cleaning Guys, LLC . The equipment has the capability to recover any material whether hazardous or non-hazardous with powerful units that eject high pressure and high heat water and recover at the same moment while preventing any run-off and completely eliminating any residual material from hard surfaces, such as, streets and roadways . City of Fort Worth Invitati on to Bid 2.3 PROVIDER'S QUALIFICATIONS, EXPERIENCE, AND CAPABILITIES A Business Qualifications and Experience Providers must submit an urrto-date, concise statement of qualifications documenting their experience with the required services . B. Personnel Qualifications and Experience Submit a brief resume (one page maximum, 10 pt type minimum) of each staff member who will provide services associated with this solicitation . Identify key persons by name and title and describe the primary work. assigned as well as total years of experience and years employed with the provider. C. Licenses and Certificates Provider shall procure all permits and licenses. pay all charges. costs. and fees. and give all notices necessary and incident for the due and lawful performance of the w ork. Provider should include copies of appropriate company licenses, certifications, and registrations from EPA, DOT, TCEQ, etc. and provide copies of individual licenses and certificates upon request from the City. D. References Providers must submit five (5) customer references for previous clients who have received similar services to those proposed by the provider for this agreement. Each reference must include the organization name , name of contact person, address, telephone number and description of services provided . Current City of Fort Worth personnel may not be used as references. Subcontractors named in this bid and partners of your firm may not be used as references . Remainder of this page intentionally left blank DEM 10-12: ERS October 8, 201 O 2-6 PROVIDER'S QUALIFICATIONS, EXPERIENCE AND CAPABILITIES -Aqua is a daughter company of Cleaning Guys and E.I. Environmental . This blend of two parent companies allows us to provide our clients with exemplary environmental options. Aqua offers a variety of environmental services ranging from ; on-site clean-up, consulting, training, project management, profiling, sampling, transportation and remediation services . Between the two parent companies, there is over 18 years experience of cleaning unique situations within, surrounding Ft. Worth, including the City of White Settlement, Kennedale, Arlington, Carrollton/Farmers Branch, Frisco, Plano and McKinney. Business you may be familiar with are JPS Hospital, Bell Helicopter, Baylor Hospital, Allied Waste, Republic Waste, Waste Management, Wal-Mart, Sam's Club and Pilgrim 's Pride . -Personal Qualifications and Experience: Erick McCallum, Owner -18 years in Environmental and former Police Officer -Handles calls, delegates work load, operates all equipment, oversees projects . Chris Cowman, Owner -15 years in waste management experience, has provided turnkey options to both public and private clients. -Evaluates waste streams, completes waste characterization and disposal options. Cory Griffith, Lead Techncian -5 years with Cleaning Guys -Handles calls, supervisis clean-ups and operates Aqua Units Laura McBee, Biologist/Chemist -2 years with Cleaning Guys -Handles calls, oversees projects and performs testing of materials Steve Resendez, Manager -3years with E.I Environmental -Oversees projects. Responds to clean-ups and training Carlos Hernandez, Haz-Mat Tech -2 years with Aqua -Responds to clean-ups Brandon Clark, assistant Haz-Mat Tech -1 year with Cleaning Guys -Responds to clean-ups -References : #1) City of Mansfield, Fire Chief Tim Gardner at 1305 E . Broad St., Mansfield, TX 76063 817-276-4777 . Services provided : spill clean-up #2) City of White Settlement, Fire Marshall R.J. Schwartz 214 Meadowpark, White Settlement, TX 76108 817-246-1761. Services provided : spill clean-up, evacuation of fuel from fuel pumps. #3) City of Arlington, Environmental Coordinator Melissa Walker Services provided : spill clean-up, Under Ground Storage tank removals. q7z ~ qdd ·b5 35 #4) Aspect, ECS, lnc.-Coppell , TX 972-743-5797, transportation and disposal #5) Rineco Chemical Industries , Inc ., 1-800-3 77-4692, transportation and disposal BAZWOPER TRAINING CERTIFICATE Esteban Resendez This is to certify that the undersigned has succes~/ul(y co1npleted classroom instruction and practical training as required by OSHA's Hazardous Waste Operations and Emergency Response Standard 29 CFR 1910.120. Date: July, 8 2009 Trainer Name : Lois Blatn ik Awarded to Steve Resendez for attending the 32-hour skills and knowledge training course OHSAS Lead Auditor training on March 05 -09, 2007, instructed by Russ Ziebell, RABQSA Q}v!S Auditor #Q01807 & E1\1..'i Auditor #£05 . ,. ... j .• ~ ,. ~,., ............. ,_,, ; ,-<f.~:::4':~.,,. ~ .. --~-.,. .. -----~;··.:--'. ~ . .. ,. ~-'/ .'. ,.. '. __ ,,.~ ·:.:t > ...... ~.-~-. ,! 3.2 CEUs July 12, 2007 EQ Industrial Services Inc. T his is to certify that Steve Resendez Has success full y compktcd an 8 h o ur course of in s truction in Resource Conversation and Recovery Act (RCRA) &DOT Hazardous Waste Management Reference: 40 CFR 265 .16 & 49 CFR 172 .7 02 , and 704 . ~. ,' t i ,,t . •" J.•· Louis Blatnik, Safety Manager (fnstructorfTrainer) TRAINING CERTIFICATE Esteban Resendez T his is to Certify that the above nan1ed has successfully c ompleted classroom instruction and practical training as required by OSHA 's Standard 29 CFR 1910.146 Confined Space (Permit-Req11ired) Authorized Entrant/Supervisor Instructors Signawre : ___ _ Location: Dallas, Texas Date : 11·21-08 Carlos Hernandez of Environmental Industries , LP. This is to certify that the above named has successfully completed classroom instruction and practical applications as required by USDOT 49 CFR 172, 390 , 395 and 399, Hours of Service (Log Books) General Awareness, Function Specific, Safety, and Hazmat Security in accordance with all apllicable requirements . January 29 ,2010 ir·.n 11tr .'.':,1g 1rnt 11 n: J),m: BLR Dallas Protect I 2010 Century Center Blvd 5#1 Irving, TX 75062 24 Hours of Training in Confined Space Entry/Rescue Dallas Protect 2010 Century Center Blvd 5#1 Irving, TX 75062 40 Hours of Training in Emergency Response Operations Involving Hazardous Materials and Spills 40 Hour Hazardous Waste Operations UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION 1 .. --. : __ .,-:. : ··::::::···. . . Registrant: HAZARDOUS MATERIALS CERTIFICATE OF REGISTRATION FOR REGISTRATION YEAR(S) 2010-2013 ENVIRONMENTAL INDUSTRIES LP Attn: CHRIS COWMAN 4125 BILLY MITCHELL DR., #100 ADDISON, TX 75001 This certifies that the registrant is registered with the U.S. Department of Transportation as required by 49 CFRPart 107, Subpart G . This certificate is issued under the authority of 49 U .S .C. 5108. It is unlawful to alter or falsify this document. Reg. No: 071910 550 043SU Issued: 07/19/2010 Expires: 06/30/2013 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with PHMSA; and (2) This Certificate of Registration Each person subject to the registration requirement must furnish that person's Certificate of Registration ( or a copy) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U.S. Department of Transportation upon request. Each motor carrier (private or for-hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the "U.S. DOT Hazmat Reg. No ." in each truck and truck tractor or vessel (trailers and semi-trailers not included) used to transport hazardous materials subject to the registration requirement. The Certificate of Registration · or document bearing the registration number must be made available, upon request, to enforcement personnel. For information, contact the Hazardous Materials Registration Manager, PHH-62, Pipeline and Hazardous Materials Safety Administration, U .S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590, telephone (202) 366--4109. IHW020 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Notice of Registration Industrial and Hazardous Waste Page: Date : 1 08/24/10 89036 The Cleaning Guys LLC Solid Waste Registration Number: 89036 EPA Id: TXR000080051 Company Name: The Cleaning Guys LLC Site Name: The Cleaning Guys Site Location: 5255 Teague Rd., Fort Worth, TX 76140-8119 Primary Contact : Mc Callum, Erick Mailing Address: PO Box 171953 Arlington, TX 76003-1953 Registration Status : Active Registration Type : Transporter Transporter Type : For hire Transport Wst Class : 1 2 3 H Business Description: Recover and transport . NAICS Code: 484110 General Freight Trucking, Local Tax Identification#: 32038204759 Handler Status : Operator Name : Phone : Address : Information The Cleaning Guys LLC 817-925-6223 PO Box 171953 Arlington, TX, 76003-1953 Bil 1 i ng Contact: B11 ling Address : Region: 4 County: 220 Tarrant Land Type: Private Title: Owner Site Street Address: Owner Information Initial Registration Date: 03/02/2010 Last Amendment Date : Last Date NOR Computer update: Phone: 817-925-6223 5255 Teague Rd Fort Worth, TX 76140-8119 Name: The Cleaning Guys LLC Phone: 817-925-6223 Address : PO Box 171953 Arlington, TX, 76003-1953 Title: Phone: As of 04/07/2010 -the next unassigned sequence number for WASTES is 0001 and the next unassigned sequence number for UNITS is 001. 04/07/2010 City of Fort Worth Invitation t o Bid 2 .4 SUBCONTRACTOR ANO DISPOSAL FACILITY INFORMATION ANO QUALIFICATIONS For each subcontractor and TSO facility to be used for services under this contra ct . provide the information requested in the Table 2.4-1 and 2 .4-2 and include qualifications and capabilities (as detailed in Section 2 .3 A, B, and C of t he 1TB) pertinent to the services to be provided under the contract. Include a bri ef description of tasks that will be performed by the subcontractor/TSO facility. Table 2.4-1: Subcontractor Information t"'qo 6 '"-l~L.~ . BuL1< n\~k'..~ TTZA>-6PD2mT1CN C~C:n.J.5 ri.N.Vl~Nlfl.rm .. ,. Rou...-~.=: T(lAIJSPof..Tf),JOkJ £\u...AS, ,)L _ -.,.. Z.Jk~,--~-~ .... ·=-U'-1._"1...__ ______________________ , I ·------------------------------l I I r, __________ J INCLUDE A COPY OF THE SUBCONTRACTOR QUALIFICATIONS FOLLOWING THIS PAGE BOUND WITHIN THE BID PACKAGE Remainder of this page intentionally left blank DEM 10-12: ER S Oct o ber 8, 201 O 2-7 City of Fort Worth Invitation to Bid Table 2.4-2: Proposed Disposal Facilities List all disposal facilities, including Class II Landfills, grease/g rit trap waste facilities, and other disposal facilities that are proposed under this Contract. The City plans on using its existing hazardous waste disposal company for Class I Non-Hazardous and Hazardous Waste. 1 r faciltyName011fner '~t·:-~--··w Lt'l r,j ,·""~{'.f·;··l«.i.;:.,~'.!!'}'··t·,~-.u~r ·!{:f"·*'l . ;c.~_,.J il·· "J:i· ... ···1 .f. ~4 ·•·'.; .Yf ·; I i-.;., w. : • ~ • · ,~·-::',~'f . Ph ne_ N mber _ ,:· l ., Pn ary~ ntac, Pers n _·· 1 · .<' ~ .. :j-~ ~y e of 1spos L . ..--, ·. '-( : PA a.od Sta e ID umbers . -, l\nd,A~dreSl'f .~r,,-,."'· ... •.·,-,,,, ., . .•• .·,t,, 1, .,i.,-.1 , ~-•. ·. .,.1-. ;-,..;~ ,.,,~: .. -__ 0 ,, ., • .,_,,., •• l •• '""'+t·, ~:,.· ... •: t ... , .. , ., -.I· •'·l SA F E'N K.l£EN 817-38!>--~"'' .JIM CJ.MVNce/ •f V~LS Bt£JJ D1 Ni:, T><Do77(Qo53, I IM Cltv~i'ION (< IN e:to C#@AICAL i00-37r4W1c ;l.. -PAT J..J.owt:;LL • i:: v a..s 1x.a .. n:>n.J G. A--u:>qg I D5 7 g 7 D -· 45£.T" e:Nv1'b.J/hENrn ... JeAW1~ER l-VTZ... • C ,; t..1 J •. lJ:::£Q T~ DD 55 J 35 3B'0 'ito-5'151-13«8 · LAi PAC-j(_ W'l6 n; lJS f; tf)L.D6, Lr e/X)-;}'f~.&;oe, KEV/~ t,,.J ,,-,..,..El2._ . ~C-i..tl l...~LL. T~t>Ofei~ t./6 :;?6Lj-O ~· -· NOTE: If the waste Is either Hazardous or Class I Non-Hazardous Waste, the Provider shall contact the City to make arrangements for disposal through the hazardous waste disposal company under separate contract with the City. IF NECESSARY, PROVIDE MORE SHEETS TO DESCRIBE ADDITIONAL SUBCONTRACTORS. INCLUDE A COPY OF THE TSO QUALIFICATIONS FOLLOWING THIS PAGE BOUND WITHIN THE BID PACKAGE DEM 10-12: ERS October 8, 2 0 1 O 2-8 City of Fort Worth Invitation to Bid 2.5 COST Providers should provide a price estimate for each task of each technology method proposed for this project. At least those tasks shown in the following list should be included. The Provider may wish to include additional tasks as appropriate depending on the complexity of the technology proposed. A cost estimate for each task associated with a subcontractor should be provided. NO COMPENSATION SHALL BE PAID to the Provider for the cost of obtaining and maintaining insurance, bonds, licenses, and certificates as required herein, as these are considered subsidiary to other items for which lump sum or unit prices are requested in this Proposal. COMPLETE THE FOLLOWING TABLES AND ATTACH A LIST OF SORBENT PRODUCTS AND ASSOCIATED PRICES SORBENT PRODUCTS MUST INCLUDE AT A MINIMUM THE FOLLOWING : OIL PADS, OIL BOOMS AND SOCKS, UNIVERSAL PADS, UNIVERSAL BOOMS AND SOCKS, UNIVERSAL SPILL KITS, AND BIODEGRADABLE SORBENTS DEM 10-12: ERS October 8 , 201 O Remainder of this page intentionally left blank 2-9 Standard Rate Schedule Labor Standard Rate 8-am to 5pm Project Manager $135/hr Overtime Rate After Hours 5 pm to 7 am $202.5/hr Aqua Unit and Operator $125/hr $185.50/hr Additional Technicain $85/hr $127.50/hr Level D" PPE only Mobile Equipment Personnel Truck $50/0ay Flat Fee Vac Truck $115/hr 143. 75/hr Rolloff Truck $115/hr 143.75/hr Tow Behind Vac Unit $115/hr 143.75/hr Unit Operator $80/hr $100/hr Flat Fee Fuel Surcharge will apply to all mobile equipment Containers 85 Gal Overpack (Metal) 55Gal ORM 55 Gal ORF 30Gal ORM 30Gal ORF 15 Gal ORM 15 Gal ORF 5 Gal ORF Other Equipment Confined Space Level "A" PPE Level "B" PPE Level "C" PPE 2" Oiaphram Pump 3" Oiaphram Pump Hose 2" & 3" Small Air Compressor 5KW Generator Hand Tools Equipment Supply Trailer 4 Gas Meter Chemical Field Classifier $165/each $40/each $45/each $40/each $40/each $35/each $35/each $11 .50/each $450/0ay Case-by-Case Case-by-Case Case-by-Case $300/0ay $250/0ay $50/20ft Section $100/Day . $100/Day $20/0ay $150/0ay $100/day $10/each DRM-Drum Metal ORF-Drum Fiber 4 hr minimum 4 hr minimum 4 hr minimum City of Fort Worth Invitation to Bid Add additional sheets as necessary. All categories may not be required for completion of this contract. Be sure to indicate a description of the type of supervisor, technician, etc. LABOR Principal Manager Supervisor Supervisor Supervisor Site Safety Officer Certified Industrial Hygienist (CIH) Scientist Scientist Scientist Scientist Engineer Technician Technician Technician Technician Specialist Specialist Clerical Other Overtime (indicate days and hours overtime will be charged) Markup DEM 10-12: ERS October 8, 2010 TYPE PRICE/HOUR ?Q.oJed .!t135/ h( t.+~, m I -5A+ef11 .fJ (p5 / h ( I # &o I ~r s tf 6' .s/ff(;r{ > 1TC SM671(' -$T lJ; o / ltr Chemist # <;<o / l-ir Geologist Hydrologist Biologist ~ io l J.,, f' 4t·,11 VlY- 2-10 City of Fort Worth PPE Booties Boots Boots Overshoes Gloves Gloves Gloves Gloves Gloves Gloves Gloves Glove Liners Level "A" Suit Level "A" Suit Level "A" Suit Level "A" Suit Level "B" Suit Level "B" Suit Level "B" Suit Level "C" Suit Level "C" Suit Splash Suit Saranex Suit Tyvek Suit DEM 10-12: ERS October 8, 2010 Type Acid Resistant LA-Te£ -, l,~ A11ro,1c Kappler Responder Kappler CPF IV ~pr; J// r,,:,r: :J -Tl:JP€ ~ f PF J--~r::luN SG'A-M COV62At~L5 Invitation to Bid Price/ Unit .:f.f q o I ()1t1 e ..ff/.1S IP1+1R. .fl i. JS I PAIR. .ff '-I. OD I PAtll 41 q4-o !EA. I $j~O /eA. #' c; /) / i::A . . ~ 4f 'DO leA · 4t 4D /£J4.. #II /a+. 2-11 City of Fort Worth Materials Absorbent Absorbent Absorbent Absorbent Absorbent Absorbent Absorbent Wipes Lime Sodium Hypochlorite Spill Control/Bio Remediation Products A FFF AFFF Decon Supplies Decon Supplies Decon Supplies Decon Supplies Plastic Sheeting Pump Pump Pump Plastic Sheeting Plastic Sheeting Samplers Samplers Samplers Other DEM 10-12: ERS October 8, 2010 Type Clay Oil Boom Oil Pad Vermiculite J Z''J. I ~ II ;f .;J/ 50 lb. Bag Gallon Gallon .s" Drum 5 gallon pail Brush Pails Pools '( .l { 2 11 D1 APm311Yt 3'' DI A P~IHYl .. Coliwasa Invitation to Bid Price/ Unit 3 h;(. t( I '& 7 -!:' /';£_A /...0< l,...:>~7;; /il 0 ~ /r;, l. t bA.s ~3J--?" "b(o :: :fl '7 I tr a JI on t3 ,-0 l'J i,.,~;:1 "JS9.~ ~ ,.,., /0 ;- ,. 20~ £ 2i~~ , f ooo I or-i~ -fa.so J D~ '1 2-12 C ity of Fort Worth Containers Bucket Bu cket Bucket D rum Dru m D ru m Drum Drum D rum Drum D ru m Boxes Boxes Ro ll off Roll off L /J.}e.,r Yv~ /;JI C.J~ DEM 10-12: ERS October 8, 2010 Type DOT I plastic DOT /Metal 1A1 1H1 Poly salvage 3Dga.l v.>/ t•'D Steel salvage ~03a1 56 CA~l Di<F '-..J ~S~al C0vt ...._ 10Yd-' 20Yd-' Inv itati on t o Bid Price/ Unit .t 1.2s oo Im 1r 70°0 /EA 4J 4~q0 /m 4P 4 D oo /£11' #~-~ -/et4DAY JI' /J, ~ f}e-r /JA,-1 w'l/'.f .;!..II · I!~ 2 -13 City of Fort Worth Monitor Equipment PIO PIO Oxygen Meter OVA OVA Explosimeter Tritector Multiple Gas Detector Detector Tubes pH Meter pH Paper HazCat Anaylsis DO Meter Sub-surface Soil Sampler DEM 10-12: ERS October 8, 2010 Invitation to Bid Type Price/ Unit ~ 150 / Dtl't ,. '-l G.A.S M~ 'ti lOO I DAY . . ~o5 /~tf 2-14 City of Fort Worth Mobile Equipment Emergency Response Vehicle Mileage Crew Truck Mileage Utility Vehicle Mileage Trailer Trailer Vacuum Truck Bobcat Backhoe I Loader Excavator Rubber Tire Loader Tractor Tractor Tiller Motorized street sweeper DEM 10-12: ERS October 8, 2010 Invitation to Bid Type Price/ Unit J-l-A2-M41"" 4f '1DO I DA y ' l<Qh. IIJJS / hr CA6£" 184-5 .fl '-f 5"5 / DA lf JCB 2lD 5 ft t.o 3o I D4 Y - 2-15 City of Fort Worth Material Compressor Compressor Pump Pump Pump Pump Pump Pump Pump Pump Boat Boat Boat Boat Broom Broom Boom Boom Boom Skimmer Skimmer DEM 10-12: ERS October 8, 2010 Invitation to Bid Type Price/ Unit 5M4-U . .-A-ti. +1100 /PAL/ 2-16 City of Fort Worth Material Blower Blower Auger Auger Generator Drum de-header Lights Light plant Post hole digger Pressure washer Pressure washer Reactive chemical carrier Remote drilling apparatus Fire suit Non-sparking tool kit Vacuum Vacu um Vacuum DEM 10-12: ERS October 8, 2010 Invitation to Bid Type Price/ Unit 5Kt,0 --IF/OD/ DAV 2-17 City of Fort Worth Other Equipment or Supplies DEM 10-12: ERS October 8, 2010 Type Invitation to Bid Price/ Unit 2-18 City of Fort Worth Invitation to Bid 2.6 BONDS Bids must be accompanied by a bidder's bond in the amount of five percent (5%) of the largest possible total of the cost estimate . Alternatively, the City will accept a cashier's check, in said amount, with the City named as payee, to be held in escrow until the successful contractor signs the project contract . This bond will serve as a guarantee that the successful contractor will enter into an agreement with the City to perform the project. The bond is subject to forfeiture in the event the successful contractor fails to execute the contract documents within 1 O calendar days after the contract has been awarded. The bond shall be issued by a corporate surety duly authorized and permitted to do business in the State of Texas that is of sufficient financial strength and solvency to the satisfaction of the City. The surety must meet all requirements of Article 7 .19-1 of the Texas Insurance Code. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended . In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City . Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. DEM 10-12: ERS October 8, 2010 INCLUDE CASHIER'S CHECK OR BIDDER'S BOND FOLLOWING THIS PAGE WITHIN THE BID PACKAGE Remainder of this page intentionally left blank 2-19 City of Fort Worth Invitation to Bid 2.7 INSURANCE CERTIFICATES The successful provider will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the provider shall deliver to the City of Fort Worth certificates documenting this coverage. The City may elect to have the provider submit its entire policy for inspection. a) Insurance coverage and limits: Provider shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the contract : 1. Commercial General Liability o $1,000,000 each occurrence o $2,000,000 aggregate Coverage shall include but not be limited to the following: premises/operations, independent contractors, products/ completed operations , personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. 2. Automobile Liability 3 . o $1,000,000 each accident on a combined single limit basis Split limits are acceptable if limits are at least: o $250,000 Bodily Injury per person/ o $500,000 Bodily Injury per accident/ o $100,000 Property Damage A commercial business auto policy shall provide coverage on "any auto," defined as autos owned, hired and non-owned during the course of this project. The named insured and employees of contractor shall be covered under this policy. The City of Fort Worth shall be named an Additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under this policy . Worker's Compensation Statutory limits Employer's liability o $100,000 each accident/occurrence o $100,000 Disease -each employee o $500,000 Disease -policy limit Workers' Compensation and Employers' liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' compensation Act (Art. 8308 - 1.01 et seq . Tex . Rev. Civ. Stat.), and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee . DEM 10-12: ERS October 8, 2010 2-20 City of Fort Worth 4. 5. Invitation to Bid Professional Liability o $1,000,000 each claim o $2,000,000 aggregate Professional Liability Insurance shall be written on a project specific basis . The retroactive date shall be coincident with or prior to the date of this contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of this contract and for five (5) years following completion of the contract (Tail Coverage). An annual certificate of insurance shall be submitted to the City for each year foUowing completion of this contract. This certificate must be submitted to the Transportation and Public Works Department, Environmental Services Division, Attn: Environmental Program Manager, External Services Section. Environmental Impairment Liability and/or Pollution Liability $2,000,000 per occurrence. Ell coverage(s) must be included in policies listed in items 1 and 4 above; or, such insurance shall be provided under a separate policy or policies. Liability for damage occurring while loading, unloading and transporting materials collected under the contract project shall be included under the Automobile Liability insurance or other policy(s). b) Certificates of insurance evidencing that the provider has obtained all required insurance shall be delivered to the City prior to provider proceeding with the contract. 1. The certificate of insurance shall document the City of Fort Worth, its' Officers, Employees and Volunteers as an ·Additional Insured" on all liability policies. Exception ... the additional insured requirement does not apply to Workers' Compensation policies 2. The certificate of insurance shalt provide thirty days (30) notice of 3. 4. 5. DEM 10-12: ERS October 8, 2010 cancellation or non-renewal. Example: ''This insurance shall not be canceled, limited in scope or coverage, cancelled or non-renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth. The certificate shall be signed by an agent authorized to bond coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current AM. Best Property & Casualty Guide All policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City of Fort Worth. The insurers for all policies must be licensed and/or approved to do business in the state of Texas. Except for workers' compensation, 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 2-21 City of Fort Worth Invitation to Bid solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7 . Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. This certificate must be submitted to the Transportation and Public Works Department. Environmental Services Division, Attn: Environmental Program Manager, External Services Section. 8. Policies shall have no exclusions by endorsements, which nullify the required lines of coverage, nor decrease the limits of said coverages unless such endorsements are approved in writing by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be acceptable to and approved by the · Risk Management D ivision of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by Risk Management. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City's Risk Management Division 11 . The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety (90) days. 12. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any DEM 10-12: ERS 2-22 October 8 , 2010 City of Fort Worth Invitation to Bid reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of this contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 13 . Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 14. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of provide(s overhead. Subcontractors to the provider shall be required by the provider to maintain the same or reasonably equivalent insurance coverage as required for the provider. When subcontractors maintain insurance coverage, provider shall provide City with docum e ntation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontracto(s insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by provider of the contract. FOR PURPOSES OF EVALUATING THIS REQUEST FOR BID, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) FOLLOWING THIS PAGE AND BOUND WITHIN THE BID PACKAGE. D EM 10-12 : ERS Oct ober 8 , 201 0 Remainder of this page intentionally left blank 2-23 I I I I ! 10/28/2010 07:55 8175330755 l.AJ :::-~----&.~· mo'iNIIUfll!O ANO MAIi.Ni ADORESS • ITSI ONI: 47ota·7~WA. A THE ClfAIIIN8 Bl.IVS PO IOX 1719SS AIU.1"8TD1 TX 760D3-1915 DO HOY PAY PAIMIUMB st10WM QN THIS PAQE, IEP.AIIAT5 ITATIMSNT liNCLC*!D II' AMOUNT DUL SEE VEHICLE SCHEDUL! BCRDELON ST~IE .F~M 1'113624-7-A MUl1. VO.. AJ DEC&..ARATIONS PABE POt.lOY NUMgEA 100 Cloa9-D01 ~ POI.JOY PERICO APA 01 2010 to APA 01 201 AC3ENT TIM BOAOELON 1 ~ 1 E O!B81E LN STE 121 MANSPIELD, TX7Cl~3340 PHONE ; (817).f87-8728 ITEN 2-IYHIIOL 1 •AlJ. Ulfl'H (IXClff tnm: 100 , 101). Si'HIIOI, 8 , t tONI'l'i 100 4< 101). ff0401C, n;t,031. Tlltl60A. lUitl Ti040jt, DO NOT UII.,Y TO SYMBOL 8 ~ 9 (1111:r'1'8 100 6 101). ILOOZl, TSOt061. rE0039l. TEOOtOB, '1E9~i611. 6,438. ti:0401C. Tg9960A. tt0409D. '1'B9924C, SEE AlT.ACH!O ENDORSEMiNTS Aoenl: TIM SOFIDELON i•lliplwne: (117)107-&Y26 PnlilHl'ed N'lll OR ~1 ti PAGE 01 /05 10/28/2010 07:56 81 75390756 BffiDELON STAT E FtlP.M nm CLEANING OUYS 165 50&9-001-43 STATZ FAaM INSORANCE COMPANY BUSINESS AUTONO!!L! POLICY FLEET SCHEDOLE INSURED: THE CLEANING GIJ'tS POLICY O!SCR: 16~-SOS9-D01-4~ EXl'ElIENCE RATE HOD1FIER1 91 irr DATE: Ot/01/2010 VEHICLE il CESC: 2008 -FO'l\O -E"l.,ATBED {tOOl) TE.UITOR'i: 110 ll\G; 011 en~ CODE: 000 CLASS: 21•8900000 COMMENTS: COV!:RAGE CSL PIP CettP COLL OIHCSL TOTAL: V!HICLI!: t2 1000 1000 Di.SC: li~6 ~ DODGE -FT...ATBED (1002) TERAl'l'ORY : llO IaQ! 010 CITY COOE: 000 CLASS: 2148900000 COMMEIWS: COVERAGE CSL PIP COMP COI.L O!MCSL TOTAL: OED 1000 1000 COH~ANY ! STATE FARM INSUAANCE CO E!XP DATE. 04/01/2011 VIN1 l1"?WWJ3R78EA8~8B5 JU,ITI-THEi"T: 8 STATED AMOUNT: NONE LIMIT 500 2500 ACV A.CV 500 PREMIOH 517 21 115 20S 146 $1,004.00 VIN: 3B7HC33C4TMl81542 AN'?I-'J'llEFt': B S~TW AMOONT! NONE LIMII 500 2500 ACV 2'CV 500 PREMIUM 517 21 57 124 Ht5 !;1865.00 PAGE 0 2/05 10/28/2010 07:56 8175390756 111! CLBANINO GUYS VJaitCLE #3 OESC: 2004 -GMC -BOK TRlC (fOOJ) 'l'ERRlTOB.Y: 110 !RG: OU crTY coot: ooo CLASS1 2148900000 COMMENTS : COVEIU\Gt CSL FIP C~P COLL UIHC~J.. TOTAL: VESICLE i4 OED 1000 1000 DESC: 2005 -ISUZU -BOX TRK (t004) 1EMITORY: 110 IRG: OU CITY CODE1 000 CLASS: 2148900000 COHNENTS: COVERAGE CS:t PIP COMP COLI.. UIMe5L TO'l'AL: VEHICLE JS DED 1000 1000 OILSC: 1999 -ISUZU -80X TRK (1005) T:E:M.I'l'ORY I llO IRG: GU ClTY CODE• 000 CLASS: 2148900000 COIOQ'.H'rS: COVERAGE CSL PIP COMP COLL OIHCSL TO't'AJ:.: DED 1000 1000 2 BORDELON STATE FARM 165 5019-00l-43 VIN: J8DC,B1454700204S ~TI-Till!:M': ! STA'l'EO .IIMOUNT : NONE LIMIT .soo 2500 AC'J l\CV SOD PREMIOM 517 21 261 564 146 Sl,509.00 VIN: J1'1.C4916951003492 ANT!-THEF'l': B STATED AMOUNT: NONE LIMIT 500 2~00 ACV 'ACV 500 PREMIUM 517 21 261 564 146 $1,509 .00 VIN: JALC4Sl42X7000418 ANTl -'tliEF'l': a STATED AMOUNT: NON~ LIMIT 500 2500 AC\7 ACV 500 517 21 261 S64 146 $1,509.00 PAGE 03/05 10 /28 /2010 07:56 8 175390 7 55 nIB CLEANING GUYS VEH.ICLE f6 !lESC1 2002 -ISUZU -BOX TRK (#006) 'l'ERRITOJ.Y; 110 IRG: 014 CITY CODE: 000 CLASS ! 2148900000 COMMENTS: COVERAGE ------------------CSL PIP COMP COLL UIMCSIL TO?Al.: VEHICLE 17 DESC; -ENOL -AUTO (ilOOl TERRITORY: 110 NUMBER OF ENPLOYDS: 3 1000 1000 ffllMBER OF EMPLOYEES OPEAATE OWN VEHICL:t: 0 CIASS: G69l000000 COMMENTS! COVEAAG! 0£0 ------------------.......... CSL TOTAL: VESICLE tB DESC: -HIRED CAR -(1101) 'l'EU.I'l'OftY; 110 COST or HIIU: IF ANY BASIS CLASS: 6691000000 CCHS!?f'l'S: COVERAGE 0£0 ------------------CSL COMP 250 COLL 250 TOTAL: 3 BCRDELON STA TE FARM VIN: JALr5Cl3327700206 ANTI•TH!:!'T: B STJ\.TED AMOUNT: NONE LIMIT 500 2SOO ACV ACV 500 LIM.IT -----------500 LIMIT -----------500 ACV ACV PREMIOM: 517 21 261 564 146 $1,509.00 PREMIOM ------- 24 $24 .00 Pro:HlOM ------- l7 8 8 ~33.00 PAEE 04 /05 10/2 8/2010 0 7:56 8175390756 B~DELON STATE FAR M Tim CLEANING GtJYS 16S 5089-001-43 LIA8ILIT~ COVERAGE e1 PD . CSL OHSI 0Mi'D tJMCSL PIP NBD PAY WAIVER TOTAL LIAStt.:t~: !OfAI, PRYS DAMAG£: COMBINEO 'l'0'1Al., POLICY PREMIUM: P!\BMIOMS 0 0 3H3 0 0 876 126 0 0 CN!:DI1 FROM OTB~ POLICIES : TO'l'AL B.11.LANCE DU£: PH1SICAL DAMAG~ COVERACE -------------------~----COLL COMP SPEC CAUStS TOWIMG :RUTA!. $4, HS. 00 $3,817.00 $1,962.00 $'7,962.00 $2,914.00 $5,0(8.00 4 PIUMIUMS 2593 1224 0 0 0 PA(;E 05 /05 City of Fort Worth Invitation to Bid 2.8 PROVIDER'S LEGAL AND COMPLIANCE HISTORY Provider's legal and compliance history is a critical component of this Invitation to Bid . Read this section with care and respond accordingly. Failure of the provider to provide all the information requested and to certify the report, will result in the provider's submittal being declared non-responsive. Provider shall attach a written report of legal action brought against provider, provider's officers, provider's employees, AND provider's proposed subcontractors relating to the protection of the environment. The terms "legal action" and "relating to the protection of the environment· are defined below. The report shall include all legal action brought within five (5) years of the closing date of this Invitation to Bid. The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all relevant dates, and all fines, judgments, and/or settlements. Include the following information for each case at a minimum: • Style of Case ( X vs. Y ) • Settlement Information (as appropriate) • Cause Number • Names I Addresses of all parties named • Court • Counsel List and phone numbers • Date of Disposition • Judgment and Order of Judgment "LEGAL ACTION" means: ANY enforcement action by the United States Environmental Protection Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Commission on Environmental Quality (including its predecessor agency the Texas Natural Resource Conservation Commission), the Texas Department of State Health Services (including its predecessor agency the Texas Department of Health), and any other state agency, commission or department, whether in Texas or elsewhere, when such enforcement action is a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relating to the protection of the environment. In this context, enforcement action shall include without limitation, written warnings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, civil litigation and criminal prosecution. Legal action also means any civil litigation brought by any person relating to the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of hazardous materials, hazardous substances, hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the air, surface water, drinking water, groundwater, storm water, publicly owned treatment works, or land. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the provider, using the form on the following page . The top portion of the form is to be completed if a report of legal action is attached. The bottom portion of the form is to be completed if provider has no legal action to report. Make certain that the appropriate portion of the fonn is filled out and signed. DEM 10-12: ERS October 8, 201 O City of Fort Worth Invitation to Bid AN AUTHORIZED REPRESENTATIVE OF THE PROVIDER shall mean: (1) if the provider is a corporation : the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; (2) if the provider is a partnership, a general partner; and (3) If the provider is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION PAGE AND BOUND WITHIN THE BID DE M 10-12: ER S O ct ober 8, 2010 Remainder of this page intentionally left blank 2-25 City of Fort Worth Invitation to Bid Certification of Provider's Legal and Compliance History Complete ONE of the Following Certifications: Certification of Legal Action Report I certify under penalty of law t hat the attached Legal Action Report detailing provider's, provider's officers, provider's employees, and provider's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. the information submitted is, to the best of my knowledge and belief, true, accurate , and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PROVIDER: (Company Name) BY: --,--------------(signature) (type name of signatory) (title) (date) Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of provider, provider's officers, provider's employees, and provider's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system , or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against provider, provider's officers, provider's employees, or provider's proposed subcontractors within the preceding five years . To the best of my knowledge and belief, this statement is true, accurate, and complete . I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. PRov1DER: AauA C.LEflt·-H"-'bJ &Jb ENVl'2.D1JMaJ11+L S£J2.V1as, (Company Name) BY: ~ h , ===--=-. (signature) OWtJE12_ (title) DEM 10-12: ERS October 8, 2010 (type name of signatory) 10/a1/a.o, o (date) 2-26 l· City of Fort Worth Invitation to Bid 2.9 HEAL TH AND SAFETY PROGRAM MANUALS Each Provider shou ld submit a copy of the i r Corporate Health and Safety Program Manual and a copy of the ir proposed Health and Safety Plan for this project. Only one paper copy of Hea lth and Safety Plans is required. Others may be electron ic format (CD). INCLUDE A COPY OF THE PROPOSED HEAL TH & SAFElY PLAN FOR THIS PROJECT FOLLOWING THIS PAGE, BOUND WITHIN THE PROPOSAL PACKAGE. INCLUDE A COPY OF THE CORPORA TE HEAL TH & SAFElY PROGRAM MANUAL BOUND SEPARATELY BUT MAILED WITHIN lliE SAME ENVELOPE. D EM 10-12 : ERS O ct obe r 8, 2010 Remainder of this page intentionally left blank 2 -27 HEALTH AND SAFETY Aqua considers associates their most vital asset. In keeping with this belief, Aqua considers the personal health , safety and work habits of its associates paramount. The officers and management of Aqua are dedicated to promoting this message to its associates . To reduce the occurrence of injury while working in a potentially hazardous environment, Aqua is dedicated to providing its associates with the best equ ipment avaiblae and continuous safety train ing . Aqua believes that safety is an ongo ing process and therefore continually, instructs, promotes, and prepares associates for their pos itions . It is through this learn ing process the Aqua strives to make the work place a safe environment.