HomeMy WebLinkAboutContract 29472 CITY
CONTRACT NO �QV7g ORIGINAL
CONTRACT
BETWEEN
CITY OF FORT WORTH
AND
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, L.P.
PROJECT # DEN1:03-07 LEAD
FOR
a, REMOVAL, TRANSPORTATION AND
DISPOSAL OF LEAD-CONTAMINATED SOIL
January 7, 2004
STATE OF TEXAS §
§
COUNTY OF TARRANT §
CONTRACT FOR LEAD CONTAMINATED SOIL REMOVAL
ENVIRONMENTAL SERVICES
THIS CONTRACT is entered into by and between the City of Fort Worth, Texas, a
home-rule municipal corporation situated in Tarrant County, Texas, hereinafter called "City,"
acting herein through Libby Watson, its duly authorized Assistant City Manager, and Eagle
Construction & Environmental Services L.P., authorized to do business in Texas, acting herein
through Marc W. Walraven as its Vice President of the G.,P hereinafter
called "Contractor".
WHEREAS, the City desires to conduct a project to remove, transport and dispose of
approximately 5,300 cubic yards (CY) of in-situ lead-contaminated soil from the Evans and
Rosedale Business and Cultural District generally described as the lands north of Rosedale
Avenue, east of the I-35W Service Road, west of Evans Avenue and south of East Lueda, Fort
Worth, Texas (hereinafter"Evans and Rosedale District");
WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in
removing lead contaminated soil and related environmental services;
WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and
experienced in removing lead contaminated soil and related environmental services; and
A.
WHEREAS, the Contractor has represented that it possesses the requisite equipment and
materials for removing lead contaminated soil and related environmental services.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and benefits of this Contract, the
City and the Contractor agree as follows:
I.
DEFINITIONS.
In this Contract, the following words and phrases shall be defined as follows:
A. City means the City of Fort Worth, Texas.
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B. City's Representative means the Director of the Department of Environmental
Management or his designee.
C. Contaminated Soil means any such soil, earth, or dirt, or related material found or
suspected to be infused with, or containing lead, hazardous substances, hazardous wastes,
'm or pollutants.
D. Contract Document means the Proposal Documents for DEM03-07 submitted by
Contractor attached as exhibit A, Specifications, this Contract and all ancillary
documents.
E. Contractor means Eagle Construction & Environmental Services L.P.
F. Deliverable Document means a report, photograph, or an invoice that shows the
completion of one of the work tasks and/or subtasks.
G. Environmental Damages shall mean all claims, judgments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including without
limitation, reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred as a result of handling, collection, transportation, storage, disposal,
treatment, recovery, and/or reuse of waste pursuant to this contract, or the existence of a
violation of environmental requirements pertaining to, and including without limitation:
I. Damages for personal injury and death, or injury to property or natural
resources;
ii. Fees incurred for the services of attorneys, consultants, contractors,
experts, laboratories and all other costs in connection with the.excavation,
removal and backfill of possibly contaminated soils and related wastes or
violation of environmental requirements including, but not limited to, the
preparation of any feasibility studies or reports of the performance of any
cleanup, remediation, removal, response, abatement, containment, closure,
restoration or monitoring work required by any federal, state or local
governmental agency or political subdivision, or otherwise expended in
connection with the existence of such wastes or violations of
environmental requirements, and including without limitation any
attorney's fees, costs and expenses incurred in enforcing this contract or
collecting any sums due hereunder; and,
Liability to any third person or governmental agency to indemnify such
person or agency for costs expended in connection with the items
referenced in sub-paragraph 2 of this part.
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H. Environmental requirements shall mean all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, 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:
i. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, investigation, and remediation of
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, surface water, 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
ii. All requirements pertaining to the protection of the health and safety of
employees or the public.
I. Hazardous materials means those materials defined as hazardous by the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801 et seq.
J. 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).
K. 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.
L. Lead-contaminated soil means soils with a total lead concentration that exceeds 275
mg/kg.
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M. Notice to Proceed means the letter issued by the City that authorizes Contractor to begin
work. It also authorizes future invoices to be paid.
N. 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.
O. Pollutant means dredged spoil; solid waste; incinerator residue, filter backwash; sewage
"w (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).
P. Proposal Documents means the Request for Proposal and all ancillary documents
required to be submitted with the proposal.
Q. Respond within one hour means that within one hour after notification and authorization
for action by City, Contractor shall be at the site with the personnel, materials, and
equipment necessary and sufficient to effectuate an adequate response. The adequacy of
the response shall be determined in the reasonable judgment of the City.
R. Subcontract means a contract between the Contractor for this project and another person
or company for any complete task defined in the scope of work. A purchase order is also
considered a subcontract.
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II.
TERM: TIME TO START AND COMPLETE THE PROJECT.
Contractor agrees to begin work on the date the Notice to Proceed is issued to Contractor
and to complete all phases of the work within thirty (30) days from the date of the Notice to
Proceed. No modification or extension of this term will be permitted unless undertaken in
accordance with Paragraph XVIII, below.
III.
SCOPE OF CONTRACTOR'S SERVICES.
A. Contractor shall act as liaison with the identified landfill(s) to ensure proper and timely
-* completion of the waste profiles and subsequent waste manifests;
B. Contractor shall physically complete the waste profiles and waste manifests;
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C. Contractor shall provide necessary heavy equipment and trained personnel to perform the
soil removal and stockpile operations and subsequent loading for transportation to the
identified landfill;
D. Contractor shall provide transportation services for waste to disposal facilities;
E. Contractor shall provide City fully executed Waste Manifests within 35 days of shipment
date;
F. Contractor shall provide necessary M/WBE documentation on a monthly basis;
G. Contractor shall provide detailed invoices no more often than once per month that include
an itemized breakdown of the tasks completed that month;
H. 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 this contract. 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
I. Contractor certifies that it has and will maintain the required insurance as described in
this Contract.
IV.
SCOPE OF CITY SERVICES.
A. City shall stake and clearly identify areas to be excavated prior to Vendor initiating
removal;
a B. City shall provide a Project Manager to act as single point of contact for the City;
r C. City shall provide personnel necessary to review and sign waste profiles and waste
manifests;
D. City shall provide personnel to collect necessary waste characterization and confirmation
samples. Confirmation samples will be on a 24-hour turn around time; and
E. City shall direct pay the laboratory costs for necessary samples by utilizing the existing
Annual Agreement.
V.
M/WBE AND SUBCONTRACTORS.
-� In keeping with the City's Minority/Women Business Enterprise (M1WBE) ordinance,
Contractor agrees to the following:
i
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A. A minimum of 12% of the total dollar value of this Contract shall be paid as
compensation to certified M/WBE firms, pursuant to the City's ordinance.
B. Contractor will, during the term of this Contract, provide City with monthly
reports detailing its compliance with the requirements for M/WBE participation,
including but not limited to the activities of the M/WBE and the dollar value of
those services, as required by the City. City shall have a right of access to any and
all books, records and documents which relate to M/WBE subcontracts in order to
audit and verify the information contained in the monthly reports. Contractor shall
include in all M/WBE subcontracts a similar provision allowing City access to
subcontractor's books, records and documents for these purposes.
C. If Contractor desires to subcontract any service or services listed under Paragraph
3 "Scope of Contractor's Services" of 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 Contract 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
subcontractor's facilities in order to determine acceptability.
VI.
COMPENSATION.
A. In consideration for the work performed by Contractor under this contract, City shall pay
Contractor a sum not to exceed one hundred three thousand five hundred twenty-seven
dollars ($103,527.00). The City is responsible for notifying Contractor of any questions
concerning an invoice, and shall not be required to pay Contractor until such questions
have been resolved. Charges to the City shall be based on, and wholly consistent
with Exhibit "A".
B. Periodically during the performance of this contract, the Contractor's Project Manager
shall inform the City's representatives of his/her best estimate of the expenses incurred to
that time. In the event that the estimate approximates the "not to exceed" price,
Contractor shall prepare to cease its operations unless and until the contract is amended
and an authorized representative of the City directs Contractor to perform additional
work.
C. Contractor shall receive no compensation for delays or hindrances to the work, except
when direct and unavoidable extra cost to Contractor was caused by City's failure to
provide information, if any, which it is required to do. When extra compensation is
claimed, a written statement detailing any and all justifications for delays incurred shall
be presented to the City.
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D. Contractor shall receive compensation only for time and materials expended during the
course of the Scope of Services as described herein and in Attachment A. Rates shall be
established under a unit-pricing plan as detailed in Section 2.4 in Attachment A.
Equipment rates shall only be billed for actual work accomplished and time to do so, and
not for storage or idle time at the site.
VII.
INSURANCE.
A. The Contractor certifies it has, at a minimum, current insurance coverage as detailed
T below and will maintain it throughout the terms of this contract. Prior to commencing
work, the Contractor shall deliver to the City certificates documenting this coverage. The
City may elect to have the Contractor submit its entire policy for inspection.
B. Contractor also certifies that if it uses a subcontractor in the performance of this
agreement that each subcontractor shall have, at a minimum, current insurance coverage
as detailed below and will maintain it throughout the terms of this contract or such
subcontractor shall be covered under Contractor's insurance.
C. Commercial General Liability Insurance: $1,000,000 each occurrence.
D. Professional Liability Insurance: $1,000,000 each ocurrence.
E. Automobile Liability Insurance:
(a) 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/person;
$500,000 Bodily injury/accident;
$250,000 Property damage.
(b) Uninsured/Underinsured motorist: $20,000 Bodily Injury each person, $40,000 Bodily
Injury each accident; $15,000 Property Damage each accident.
F. Worker's Compensation: Statutory limits for Worker's Compensation plus employer's
liability at a minimum:
$1,000,000 each accident;
$1,000,000 disease- policy limit; and
$500,000 disease - each employee.
G. Environmental Impairment Liability(EIL) and/or Pollution Liability:
1. $1,000,000 per occurrence. EIL coverage(s) must be included in policies listed in
Sub-paragraphs A and B above; or, such insurance shall be provided under separate
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policy(s). 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).
2. NOTE: BETWEEN A AND G ABOVE, ANY POLLUTION EXPOSURE,
INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY,
ASSOCIATED WITH THE SERVICES AND OPERATIONS
PERFORMED UNDER THIS CONTRACT SHALL BE COVERED IN
ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR
POLLUTION LIABILITY FOR GRADUAL EMISSIONS. CLEAN-UP
COSTS SHALL ALSO BE COVERED.
H. The following shall pertain to all applicable policies of insurance listed above:
"1. Each insurance policy required by this Contract, except for Workers
Compensation insurance and professional liability insurance policies shall be
endorsed with the following Additional Insured Endorsement: `The City of Fort
Worth, its officers, agents, employees, representatives, and volunteers are added
as additional insureds as respects operations and activities of, or on behalf of the
named insured, performed under contract with the City of Fort Worth.'
Reasonably equivalent terms may be acceptable at the sole discretion of the City
of Fort Worth, and upon prior approval.
"2. Subcontractors shall be covered under the Provider's insurance policies or they
shall provide their own insurance coverage; and, in the latter case, documentation of
coverage shall be submitted to the Provider prior to the commencement of work and
the Provider shall deliver such to the City.
"3. Prior to commencing work under the contract, the Provider shall deliver to the
City of Fort Worth insurance certificate(s) documenting the insurance required and
terms and clauses required.
"4. Each insurance policy required by this contract shall contain the following
clause or reasonably equivalent terms:
`This insurance policy shall not be canceled, limited in scope or coverage,
or non-renewed until after thirty (30) days prior written notice has been
_- given to the Director of Environmental Management. City of Fort Worth,
1000 Throckmorton, Fort Worth, TX 76102-6311.'
"5. The insurers for all policies must be approved to do business in the State of
Texas and be currently rated in terms of financial strength and solvency to the
satisfaction of Risk Manager for the City of Fort Worth. The City's standard is an
A. M. Best Key rating A:VII.
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"6. The deductible or self-insured retention (SIR) affecting the coverage required
shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of
traditional insurance, alternative coverage maintained through insurance pools or
risk retention groups must be also approved."
VIII.
INDEMNIFICATION.
A. GENERAL INDEMNIFICATION. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY,
ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR
CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR
DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR
DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF
THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS,
AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF
CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY
OTHER PERSON OR ENTITY.
B. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY
RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS
THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS,
_ AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE
VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS
RESULTING FROM THE REMOVAL, PACKAGING, TRANSPORTING AND
DISPOSING OF ENVIRONMENTALLY HAZARDOUS MATERIALS
PURSUANT TO THIS CONTRACT.
C. The obligations of the Contractor under this Paragraph shall include, but not be limited
to, the burden and expense of defending all claims, suits and administrative proceedings
(with counsel reasonably approved by City), even if such claims, suits or proceedings are
groundless, false, or fraudulent, and conducting all negotiations of any description, and
paying and discharging, when and as the same become due, any and all judgments,
penalties or other sums due against such indemnified persons.
D. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder
to indemnify, City shall provide Contractor with reasonably timely notice of same.
E. The obligations of the Contractor under this Paragraph shall survive the expiration of this
Contract and the discharge of all other obligations owed by the parties to each other
.. hereunder.
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F. In all of its contracts with subcontractors for the performance of any work under this
contract, Contractor shall require the subcontractors to indemnify the City in a manner
consistent with this Paragraph.
G. In the event that a written claim for damages against Contractor or any of its
subcontractors remains unsettled at the time all work on the project has been completed
to the satisfaction of the City Manager, as evidenced by a final inspection, final payment
to Contractor shall not be recommended by the City Manager for a period of thirty (30)
days after the date of such final inspection, unless the Contractor submits written
evidence satisfactory to the City Manager that the claim has been settled and a release has
been obtained from the claimant involved.
1. If the claim concerned remains unsettled at the expiration of the said thirty-
day period, the Contractor may be deemed by the City Manager to be entitled
to a semi-final payment for work completed, such semi-final payment to be in
an amount equal to the total dollar amount then due less the dollar value of
_ any written claims pending against the Contractor arising out of the
performance of such work.
_ 2. The City Manager shall not recommend final payment to Contractor if a claim
for damages is outstanding for a period of six months following the date of the
acceptance of the work performed unless the Contractor submits evidence in
writing, satisfactory to the City Manager, that:
a. The claim has been settled and a release has been obtained from the
claimant involved; or
b. Good faith efforts have been made to settle such outstanding claims,
and such good faith efforts have failed.
3. If condition (a) above is met at any time within the six-month period, the City
Manager shall recommend that the final payment to Contractor be made. If
condition (b) above is met at any time within the six-month period, the City
Manager may recommend that final payment to Contractor be made. At the
,., expiration of the six-month period, the City Manager may recommend that
final payment be made if all other work has been performed and all other
obligations of the Contractor have been met to the satisfaction of the City
Manager.
IX.
WARRANTY.
Contractor warrants that it understands the currently known hazards and suspected
hazards that are present to persons, property and the environment by providing lead
contaminated soil removal, backfill, packing, transporting, and disposal of contaminated soils,
Lead Contaminated Soil Removal Contract Pn a
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,9.
hazardous, special and solid waste. 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.
X.
LICENSES, PERMITS AND BONDS.
A. Contractor certifies that on the day work is to commence under this Contract, and during
the duration of the Contract, it shall have and maintain current valid and appropriate
federal and state licenses and permits necessary for the provision of services under this
Contract.
B. Contractor also certifies that if it uses any subcontractor in the performance of this
agreement, that such subcontractor shall have and maintain current valid and appropriate
federal and state licenses and permits necessary for the provision of services under this
contract.
C. Contractor agrees that upon the execution of this Contract and before beginning work, it
shall make, execute and deliver to the City of Fort Worth a good and sufficient
Performance Bond in a form furnished by the City, to secure the faithful performance of
the terms and conditions herein. Such Performance Bond shall be in the amount of 100
percent of the proposed cost of services as proposed by Contractor in the in accordance
with Attachment A and this Contract. Same shall be signed by the President or General
Officer of the Contractor, together with the signature of the corporate secretary and the
corporate seal. The surety shall be a surety company duly authorized to do business in the
State of Texas, and acceptable to the City.
XI.
TERMINATION.
A. City may terminate this Contract with or without cause by giving 30 days' 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.
B. If the City terminates this contract under Sub-paragraph A of Paragraph XI, City shall
pay contractor for all services performed prior to the termination notice.
C. All completed or partially completed original documents prepared under this Contract
shall become the property of the City when the contract is terminated, and may be used
by the City in any manner it desires; provided, however, that the Contractor shall not be
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liable for the use of such documents for any purpose other than as described when
requested.
D. In the event either party defaults in the performance of any of its obligations under this
contract, misrepresents to the other a material fact, or fails to notify the other party of any
material fact which would affect the party's performance of its obligations hereunder, the
non-defaulting party shall have a right to terminate this contract upon giving the
defaulting party written notice describing the breach or omission in reasonable detail.
The defaulting party shall have a thirty (30) day period commencing upon the date of
notice of default in which to effect a cure. If the defaulting party fails to effect a cure
within the aforesaid thirty (30) day period, or if the default cannot be cured, the contract
shall terminate as of the date provided in the notice of default.
XII.
DEFAULT.
A. Contractor shall not be deemed to be in default because of any failure to perform under
this contract, if the failure arises from causes beyond the control and without the fault or
negligence of Contractor. Such causes shall include acts of God, acts of the public
enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather.
B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to
perform, and if such failure was beyond the control of both the Contractor and the
subcontractor, without their fault or negligence, Contractor shall not be deemed to be in
default unless the subcontracted supplies or services were reasonably obtainable from
other sources.
C. 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. Contractor shall pay all costs and
attorneys fees incurred by City in the enforcement of any provision of this Contract.
D. The remedies provided for herein are in addition to any other remedies available to City
elsewhere in this Contract.
XIII.
RIGHT TO AUDIT.
A. City shall, until the expiration of five (5) years after final payment under this Contract,
have access to and the right to examine any directly pertinent books, documents, papers
Lead Contaminated Soil Removal Contract ngL'
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and records of Contractor involving transactions related to this contract. Contractor shall
give City access during normal working hours to all necessary Contractor facilities in
order to conduct audits in compliance with the provisions of this paragraph. City shall
give Contractor reasonable advance notice of intended audits.
B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the
subcontractor shall give City, until the expiration of five (5) years after final payment
under the subcontract, access to and the right to examine any directly pertinent books,
documents, papers and records of such subcontractor involving transactions to the
subcontract, and further, that City shall have access during normal working hours to all
appropriate work space, in order to conduct audits in compliance with the provisions of
this paragraph. City shall give subcontractor reasonable advance notice of intended
audits.
XIV.
INDEPENDENT CONTRACTOR.
Contractor shall perform work under this contract as an independent contractor and not as
an agent or employee of City. City shall not be considered the employer, co-employer or joint
employer of the officers, employees or agents of Contractor. Contractor shall have the sole
control, supervision, direction and responsibility over its officers, employees and agents and
shall have the sole responsibility for determining the manner and means of providing the work
described in this contract, except as outlined in this contract or as otherwise required by federal,
state, county or city law, regulation or rule.
XV.
NON-DISCRIMINATION.
A. During the performance of this contract, Contractor agrees not to discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin, except where religion, sex or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of the Contractor. Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of the non-discrimination clause.
,. B. 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.
C. 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
Paragraph.
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XVI.
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.
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XVII.
RM 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.
XVIII.
MODIFICATION.
No modification of this Contract shall be binding on either Contractor or the City unless
set out in writing and signed by both parties, and as necessary, approved by the Fort Worth City
Council. Modifications shall be in the same format as the final specification showing the change
or addition of a task, project schedule (to include schedule extensions), deliverable document(s),
and schedule of payments.
XIX.
ENTIRETY.
This contract, the contract documents and any other documents incorporated by reference
herein 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.
XX.
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
�„ Lend Contaminated Soil Remove(Contract Page 14 of 16
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.
XXI.
NOTICE.
Notices required to be made under this contract shall be sent to the following persons at
#' the following addresses; provided, however, that each party reserves the right to change its
designated person for notice, upon written notice to the other party of such change:
If to City:
Written notice shall be sent to:
Brian Boerner, Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
FAX (817) 392-6359
If to Contractor:
Eagle Construction and Environmental Services, L.P.
Name of Contact Person: Derek Senter
Address: 9701 East I-20;- P. 0. Box 872
Eastland, Texas 76448
Telephone: 254/629-1718 Fax: 254/629-8625
.. XXII.
VENUE.
�.+ Should any action, real or asserted, at law or in equity, arise out of the terms and
conditions of this contract, venue for said action shall be in Tarrant County, Texas.
XXIII.
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
�,, Lend Contaminated Soil Removal Contract Page 15 of 16
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.
XXIV.
AUTHORIZATION.
The undersigned officer and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending such
authority have been duly passed and are now in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate
originals in Tarrant County, Texas on this date, January 12 , 2004.
Citiy ' f Fort Worth Eagle Construction and Environmental
Services L.P.
ibby son, Assistant City Manager Pr dent or Vice President
t
APPROVED AS TO FORM WITNESS:
h —
2 I�
Assistan ity Attorney
M Name: Bobby C. Murry
Title: Controller
o��ND ENVlRpN��'�
ATT ST: CORPO EAL-.
.. N SEAL
2000tEX
,
Gloria Pearso , City Secretary
+� Contract Authoryzation
Date
Lead Contaminated Soil Removal Conti-act
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/6/2004
DATE: Tuesday, January 06, 2004
LOG NAME: 52EAGLE REFERENCE NO.: C-19924
SUBJECT:
Rescind Contract Award to Garner Environmental Services, Inc. and Award Contract to Eagle
Construction and Environmental Services, L.P.
RECOMMENDATION:
It is recommended that the City Council:
1. Rescind the contract award to Garner Environmental Services, Inc.; and
2. Authorize the City Manager to execute a contract with Eagle Construction and Environmental
Services, L.P. in the amount of$103,527.
DISCUSSION:
On October 21, 2003 (M&C C-19822), in response to the Environmental Management Department's request
for proposal for the removal, transportation, and disposal of lead contaminated soil from the Evans and
Rosedale Business and Cultural District, the City Council approved the contract award to Garner
Environmental Services, Inc. Subsequent to the October 21, 2003 award, Garner Environmental Services,
Inc. notified staff they were unable to provide the performance and payment bonds required by the City for
this project.
Therefore, staff recommends that Eagle Construction and Environmental Services, L.P., who ranked
second based upon the total point distribution of the measures included in the request for proposals, be
awarded a contract in the amount of$103,527.
Eagle Construction and Environmental Services, L.P. is in compliance with the City's M/WBE Ordinance by
committing to 14% M/WBE participation. The City's goal on this project is 12%.
The Environmental Management Department tested shallow soils at City-owned properties within the the
Evans and Rosedale Business and Cultural District project area for lead contamination. This area is
bordered by East Leuda Street, Interstate 35W service road, East Rosedale Street, and Evans
Avenue. Levels of lead requiring cleanup were found at many of the properties, requiring the removal of
approximately 5,300 cubic yards of contaminated soil.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Environmental Management Project Fund.
Loaname: 52EAGLE Paee 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 539120 052200318000 $103,527.00
Submitted for City Manager`s Office by. Libby Watson (6183)
Originating Department Head: Brian Boerner (8079)
Additional Information Contact: Brian Boerner (8079)
Logname: 52EAGLE Page 2 of 2
01/09/04 FRI 10:33 FAX 16007
� .l
Bond Number: SUR 4901969
J
Prenuum : 3,332.00
n
PAYMENT BOND
THE STATE OF TEXAS
^`1 COUNTY OF TARRANT
r . KNOW ALL MEN BY THESE PRESENTS:
�! That we, Eagle Construction & Environmental Services L.P., a corporation of
r Texas, hereinafter called Principal, and American Guarantee and Liability Insurance Company
a corporation organized and existing under the laws of the State and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly
bound unto the City of Fort Worth,a municipal corporation, organized and existing
under the laws of the State of Texas, hereinafter called Owner, in the penal sum of:
One hundred three thousand, five hundred twenty seven($I03,527.00) dollars in
lawful money of the United States, to be paid in Fort Worth,Tarrant County,Texas,
for the payment of which sum well and truly to be made, we hereby bind ourselves,
rour heirs, executors, administrators and successors, jointly and severally, firmly by
these presents.
r THE CONDITION OF THIS OBLIGATION is such that whereas the
Principal entered into a certain contract with the City of Fort Worth, the Owner,
dated the 12 day of January , A.D. 2004 a copy of which is hereto
rattached and made of part thereof; for:
removal, transportation.and-disposal of lead-contaminated soil from the Evans and
rRosedale Business and Cultural,District
Designated as Project Number DEM03-07: LEAD, a copy of which contract is
hereto attached, referred to, and made a pant hereof as fully and to the same extent
as if copies at Iength herein; such project being hereinafter referred to as the
"work."
J
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the
1 wort: in accordance with the plans, specifications, and contract documents during
the original term thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and if he shall satisfy all claims and
Idemands incurred under such contract, and shall fully indemnify and save harmless
the Owner from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the Owner all outlay and expense which the
0 .
14 .
01/09/04 FRI 10:33 FAX Coos
�-1
~� Owner may incur in making good an default, then this obligation shall be void;
Y g g Y g
#- otherwise to remain in full force and effect.
^l
PROVIDED FURTHER, that if any legal action be filed upon this boud,venue shall
^� lie in Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the
term of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect its obligation ora this
bond, and it does hereby waive notice of any such change, extension of time
alteration or addition to the terms of the contract or to the work or to the
specifications.
^
IN WITNESS WHEREOF, this instrument is executed in three counterparts each
one of which shall be deemed an original, this the 12— day of 7anuan
A.D. 2004
EAGLE CONSTRUCTION AND
PRINCIPAL ENVIRONMENTAL SERVICES, L.P.
ATTEST:
BY:
1 M rc W. Walraven
Vice President of the G.P.
^
(Principal) �ROti
p ) Bobby v y EJif
�
P. 0. Box 872 Contro C/3SEAL
Eastland, Texas 76448 2000
(Address) (SEAT., OF P
•a
(Wit#ess as to Principal)
American Guarantee and Liability.Insurance Coapany
Surety
BY: ATTEST.
(Attorney-in-f et) Michael r --- -
OP
( rety�)Se tory
One Liberty Plaza, New York, NY 10006
(Address
n
.. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY
One Liberty Plaza, [30th Floor], New York, New York, 10006
CERTIFIEDPOWER'OF ATTORNEY -
_ - =' APPOINTING INDIVIDUAL ATTORNEYS}-IN-FACT
KNOW ALL MEIYBY THESE PRESENT, That---the AMERICAN GUARANTEE AND LIABILITY-INSURANCE COMPANY-, a corporation
created by and existing under the laws of the State of New York with its Executive Offices located in Schaumburg, Illinois, does here by
nominate,constitute and appoint
aw Michael Perry and Richard Rossander of Eastland,TX
Its true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf, during the period
beginning with-the date of issuance of the power:Any and all bonds, undertakings, recognizances or other written obligations in-the
nature=thereof on behalf of Eagle Construction 8 Environmental-Servicea LP, asprincipaP=hot to exceed_$5,000,000 many single
instance; -
and to bind AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY thereby, and all of the acts of said Attomey(s)-in Fact,
pursuant to these presents are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by the
authority of the following By-Law duly adopted by the Board of Directors of the Company which By-Law has not been amended or
rescinded:
Section 2, Article III. "...The president or a vice-president in a written instrument attested by a secretary or an assistant secretary
may-(ayappoint any person Attorney-In East=with-authority-to execute.-surety-bonds on-behalf of-the company and=other formal
y underwriting-contracts=-in reference therato_and.reinsurance agreements relating-to-individual policies and bonds of=all kinds and
-attach the corporate seal.-Any-such officers may revoke the powers-granted to-any Attorney-in-Fact
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
r" Directors of the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY at a meeting duly called and held on the 25th day of
March 1992:
"RESOLVED, that the signature of the president or a vice president and the attesting signature of a secretary or an assistant
= secretary and the seal of thff company may be-affixed=by facsimile--on any-.Power of=Attorney granted pursuant-to-Section=2-of
--article III-of the-By Laws and the`signature-of'a-secretary or-an assistant-secretary and the seal of the company maybe affixed by
facsimile:to any certificate-of an r-such power.=Any such power or-any certificate thereof bearing such facsimile signature and seal
shall be valid and-binding on the company. Furthermore, any such power sa-executed and sealed and certified by certificate so
executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the
company."
IN WITNESS WHEREOF, the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY has caused these presents to be
executed-in its name-and onus behalf andits Corporate Seal to be-hereunto affixedand attested by its officers thereunto duly authorized,
ttre 31st day.of December-2401.
WARION.G: This Power-of Attorney is=printed on paper that deters u out arized copying or faxin -
--
-
--AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY - --
_ -STATE OF LUNOIS - David A. Bowers _ - — - _ Donald Hurceler -- -
- .00LNTYOFCoot( - _$ecretary = — ExecutiveVice_Pre.sident
On this 3-tst day of.December.A.D., 2001, beforethe-subscriber Notary-Public of thie State and County-aforesaid, duly Notary Public
m commissioned and qualified, came the above named vice president and secretary of the AMERICAN GUARANTEE AND LIABILITY
INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same and, being by me duly sworn, they severally and each for himself
deposed and said that they respectively hold the offices in said Corporation as indicated,that the Seal affixed to the preceding instrument
is the Corporate Seal-of said Corporation,_and that the-Paid Corporate Seal, andtheirsignature as such officers, were_duly affixed and
subscribed to the said instrumenfpursuant to all due eorporau authorization:-
IN WITNESS WHEREOF, I have-.hereunto setmyA14-
my
hani andaffix_ed my Official Seal the.-lay and=year fir-st-aboVeinrtittert. _
IfcA,Wl " /1 1aittic A.Willal/.1�IC.tNx�� ll,i1(Nomyr& 5woormnabc t-vo4X Notary Public
an My Commission Expires 08/22/03
This Power of Attorney limits the cts of those named therein tw thebonds-and undertakings-specifically named therein, and they have no
_.
authority to bind the Cori pany-except in the manner and to' -extent herein.-stated.
I, the undersigned, a secretary of the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, do hereby certify that the
Power of Attorney hereinabove set forth is still in full force and effect, and further certify that Section 2 of Article III of the By-Laws of the
Company and the Resolution of the Board of Directors set forth in said Power of Attorney are still in force. In testimony whereof I have
hereunto subscribed my name and affixed the seal of the said Company the 12 day of January 2004
David A,Bowers _-
Secretary Serial number:88789789808132003152746
01/09/ FRI 10:32 FAX F2 005
Bond Number: SUR 4901969
r.I Premium: 3,332.00
PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
7 KNOW ALL MEN BY THESE PRESENTS:
That we, Eagle Construction & Environmental Services L.P., a corporation of
Texas, hereinafter called Principal, and American Guarantee and Liability Insurance many
a corporation organized and existing under the laws of the State and fully
authorized to transact business in the State of Texas, as Surety, are held and-firmly
bound unto the City of Fort Worth, a municipal corporation, organized and existing
under the laws of the State of Teras, hereinafter called Owner, in the penal sum of:
One hundred three thousand, five hundred twenty seveu($103,527.00) dollars in
lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,
for the payment of which sum well and truly to be made, we hereby bind ourselves,
our heirs, executors, administrators and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the
Principal entered into a certain contract with the City of Fort Worth, the Owner,
a. dated the 12 day of January , A.D. 2004 , a copy of which is hereto
attached and made of part thereof,for:
removal, transportation and disposal of lead-contaminated soil from the Evans and
Rosedale Business and Cultural District
A Designated as Project Number DEM03-07: LEAD, a copy of which contract is
hereto attached,referred to, and made a part hereof as fully and to the same extent
as if copies at length herein; such project being hereinafter referred to as the
"work."
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the
• work in accordance with the plans, specifications, and contract documents during
the original term thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and if he shall satisfy all claims and
demands incurred under such contract, and shall fully indemnify and save harmless
the Owner from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the Owner all outlay and expense which the
01/09/1: FRI 10:33 FAX 0006
i
Owner may incur in making good any default, then this obligation shall be void;
�n
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond,venue shall
lie in Tarrant County, State of Texas.
f
1 AND PROVLDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect its obligation on this
., bond, and it does hereby waive notice of any such change, extension of time
alteration or addition to the ter" of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument is executed in three counterparts each
one of which shall be deemed an original, this the 12 day of January
A.D. 2004
a
PRINCIPAL ENVIRONMENTAL
CONSTRUCTION AND
ENVIRONMENTAL SERVICES, L.P.
�� ATTEST:
�• � BY:-
Marc W. Walraven
Vice President of the G.P.
(Principal) Bobby C. S�RU111111*o
Controller t2
•P. 0. Box 872 0
,. Eastland, Texas 76448 °'o -9 g
(Address) (SEAL OF PRINC ALys�0
�T . -�?
(W66ss as to Principal)
American Guarantee and Liabili nsurance Company
Surety
BY: ATTEST:
(Attorney-in-f At) Mic 1 P
(Sure*- v
one LibertyPlaza, New YQrk. NY 10006
(Address
� 1
AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY
One Liberty Plaza, [30th.Floor], New York, New York, 10006 -
- CER`FIFIED POWER6F ATTORNEY -`=
- - - -
APPOINTING INDIVIDUAL ATTORNEYjS)-IN-FAC-T = - --
KNOW ALL MEN BY THESE_PRESENT, That the AMERICAN GUARANTEE-AND-LIAWLITY INSURANCE COMPANY, a corporation
created by and existing under the laws of the State of New York with its Executive Offices located in Schaumburg, Illinois, does here by
nominate,constitute and appoint
.� Michael Perry and Richard Rossander of Eastland,TX
Its true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf, during the period
beginning with the date of issuance of the-power:Any acid all bonds, undertakingsjecognizances or other written obligations in the
naturethereofon-behalf of Eagle Construction=8�-E-rivir-onmental=Services-LP,as-4rincipaT-not to_exceed$5,ODO,000 tn_any single
rnstancer - _ - - - ` -
and to bind AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-In Fact,
pursuant to these presents are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by the
a■ authority of the following By-Law duly adopted by the Board of Directors of the Company which By-Law has not been amended or
rescinded:
Section 2, Article III. "...The president or_a vice president-in a written-instrument,attested by a secretary or an assistant secretary
_
may (a)-appoint any person Attorney=in Factwith-authority-to execute:surety_bonds orr-behalf of the company_and-other formal
_underwriting contracts-in reference thereto and reinsurance agreements relating to individual policies and bonds of=all kinds and
_- -- _ -
--=attach the corporate seal...-Any such officers may revoka_tKepowers-granted to any Attorney-in-Fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY at a meeting duly called and held on the 25th day of
March 1992:
"RESOLVED, that the signature of the president or a vice president and the attesting signature of a secretary or an assistant
== .-secretary_and=the seal of_the company may be affixed-Vf-facsimile or arty=Power o€-Attorney--granted pursuant f"-- ection Z-of
_ -article 111 of the Sy-Laws,=and the signaturo=orlrf a secretaor=an assistarT�ecretary and the-seal-of the company may={be affixed by
-facsimile to any certificate.of any sucVrpower._Any such power or any certificate thereof_bearing such facsimile signature and seal
- - -_
shall be valid and binding on the company. Furthermore, any such power so executed and sealed and certified by certificate so
executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the
company."
IN WITNESS WHEREOF, the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY has caused these presents to be
executed in its name-and on-its behalf and its Corporate Seal to be hereunto-affixed and attested by its officers thereunto duly authorized,
-_ _-- - _
the 31st day.of December2001- _: -
WARNING: This PQwer_of Attorney is-printed do paperxhat deters unauthorized copyin4 or-faxing:
— — AMERICAN GUARANTEE AND LIABILITYINSURANCE COMPANY— -
Qoz�
•' STATE OFrLLWM David-A.-Bowers = _ - Donald H_urzeler
- coLNTv t csxifc - -= Secretary _ - _— _ - _ Executive�r -President- ---
__ --
On-this 3ist day of-December A.D., 20.01, before the-sub-scriber, "otary-Public oftli"tate and C_ounty-aforesaid, duly Notary Public
Pa commissioned and qualified, came the above named vice president and secretary of the AMERICAN GUARANTEE AND LIABILITY
INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same and, being by me duly sworn, they severally and each for himself
deposed and said that they respectively hold the offices in said Corporation as indicated,that the Seal affixed to the preceding instrument
is the=Corporate Seal of said Corporation, and that the-said Corporate Seal, and their signature as such-officers,-_.) ere duly affixed.and
subscribed to the said instrument pursuant Wall due AGorporate=authorization.
IN WITNESS=i1 HEREO_fI have hereunto setmy Band-and affixed--my OfificIISFSeal the day andyear firsLabave-writfen. _
Jatmc A.Willa
x�raaas�ar»1;�
.%ncMVW&*nF_V- 03 Notary Public
My Commission Expires 08/22/03
This Power of Attorney-irmiFslhe_acts of those namedtherein to the bonds and_-.undertakings specifically name0herein, 6HO-they have no
authority to-bind the-Company except in the manner and to-the extent herein sited.
I, the undersigned, a secretary of the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, do hereby certify that the
Power of Attorney hereinabove set forth is still in full force and effect, and further certify that Section 2 of Article III of the By-Laws of the
Company and the Resolution of the Board of Directors set forth in said Power of Attorney are still in force. In testimony whereof I have
hereunto subscribed my name and affixed the seal of the said Company the 12 day of January 2004
- David A. Bowes
Secretary Serial number:88789789808132003152746
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
A. Definitions:
1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
2. Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed
and accepted by the governmental entity.
3. Persons providing services on the project ("subcontractor" in §406.096)- includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person
contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner operators, employees
of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling,
,,. or delivering equipment or materials, or providing labor, transportation, or other
services related to a project. "Services" does not include activities unrelated to
the project, such as food/beverage vendors, office supply deliveries, and delivery
of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) or all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
^-� D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and
provide the governmental entity:
1. A certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
2. No later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within ten (10) days after the contractor knew or should have
known„ of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1. Provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
— of the person providing services on the project, for the duration of the project;
3. Provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. Obtain from each other person with whom it contracts, and provide to the
Contractor:
a.) A certificate of coverage, prior to the other person beginning work on the
project; and
b.) A new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
.. 5. Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
6. Notify the governmental entity in writing by certified mail or personal delivery,
within ten (10) days after the person knew or should have known, of any change
that materially affects the provision of coverage of any person providing services
on the project; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1)-(7), with the certificates of coverage to be provided to the
person for whom they are providing services.
8. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by worker's compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
.� of Self-Insurance Regulation. Providing false or misleading information may
subject the contractor to administrative, criminal, civil penalties or other civil
actions.
9. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
J. The contractor shall post a notice on each project site informing all persons providing
services on the project that they are required to be covered, and stating how a
person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Worker's
Compensation Act or other Texas Worker's Compensation Commission rules. This
notice must be printed with a title in at least 30 point bold type and text in at least 19
point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following text,
without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related
to this construction project must be covered by workers' compensation insurance.
This includes persons providing, hauling, or delivering equipment or materials, or
providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee."
Call the Texas Worker's Compensation Commission at (512)440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer
has provided the required coverage, or to report an employer's failure to provide
coverage".
w
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that
it provides workers' compensation insurance coverage for all of its employees employed
on City of Fort Worth Department of Environmental Management Project No.
DEM03-0071EAD
(CONTRACTOR)
Eagle Construction & Environmental Services L.P.
By.
Vice President of the G.P.
Title
January 12, 2004
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
Marc W. Walraven , known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of Fagle Ccnstruction and Bwirr�ztal Services, L.P. for the purposes and
consideration therein expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office thisl2th day of January ., 2004
KublV in d fo the State of
AY MURRY Notary
NOTARY PUBLIC Texas
STATE OF TEXAS
My Commission Expires 2-1-2008
w
M
EAGUIJFORTWORTH
ps
MR City of Fort Worth
Removal of Lead Contaminated Soil from the Evans and Rosedale
Business and Cultural District
Fort Worth, Texas
® August 21, 2003
Ow
Eagle Construction &
Environmental Services L.P.
ATTACHMENT 1A
Page 1 of 6
Aft 2.0 PROPOSAL DOCUMENTS
2.1 PROPOSAL DOCUMENT CHECKLIST
,a
All Proposal Documents, including this Checklist, must be completed in full and submitted
in a sealed envelope, in the requested order, or the proposal may be considered as a
responsive submittal.
Proposal Documents Initial if Included
1. PROPOSAL DOCUMENT CHECK LIST
2. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA �y
3. MINORITY and WOMEN BUSINESS ENTERPRISES
4. PROPOSAL SUMMARY
,. 5. QUALIFICATIONS OF PROVIDER
6. LIST OF SUBCONTRACTORS/TSD FACILITIES
7. VENDOR'S COMPLIANCE TO STATE LAW
8. INSURANCE CERTIFICATES
7`
9. PROVIDER'S LEGAL&COMPLIANCE HISTORY �
10. BONDS
I understand that failure to submit all of these items may cause my submittal to be considered responsive.
Namearc W. Walraven
Title Vice President of the G.P.
Company EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, L.P.
r
r
DEM03-07:LEAD
July 24, 2003 2-1
ATTACHMENT 1A
Page 2 of 7
2.2 ACKNOWLEDGEMENT OF RECEIPT OF REQUEST FOR PROPOSAL ADDENDUM
2.2.1 Check if applicable X
The undersigned acknowledges the receipt of the following addendum(a) to the Request
for Proposals, and has attached all addenda following this page. (Add lines if necessary).
Addendum Number 1 August 15, 2003
(Date received)
Addendum Number 2
(Date received)
Addendum Number 3
(Date received)
2.2.2 Check if applicable
^" The undersigned acknowledges the receipt of no addenda to the Request for Proposals.
4.
PROVIDER:
+ft EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, L.P. BY: Marc W. Walraven
Company Name (print or type name of signatory)
.•
P. 0. Box 872On 4-- � � �"---
Address IT Signature)
Eastland, Texas 76448 Vice President of the G.P.
City,State,Zip Title (print or type)
on
r
DEM03-07:LEAD
July 24, 2003 2-2
FORT WORTH
City of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract is $25,000 or more,the M/WBE goal is applicable.
If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women
Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis.
All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance
apply to this bid.
M/WBE PROJECT GOALS
The City's MBE/WBE goal on this project is 12 / of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance
by either of the following:
1. Meet or exceed the above stated M/WBE goal, or
2. Good Faith Effort documentation, or;
3. Waiver documentation, or;
4. Joint Venture.
SUBMITTAL OF REQUIRED DOCUMENTATION
fhe applicable documents must be received by the Managing Department, within the following times allocated, in
order for the entire bid to be considered responsive to the specifications.
1., Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid
met or exceeded: X opening date, exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if participation is less than opening date, exclusive of the bid opening date.
statedgoal:
3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid
perform all subcontracting/supplier work: opening date, exclusive of the bid opening date.
5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid
to met or exceed goal. opening date, exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS
Any questions, please contact the M/WBE Office at(817) 871-6104.
DEM03-07:LEAD
July 24, 2003 2-4
ATTACHMENT 1A
Page 1 of 4
FORT WORTH City of Fort Worth
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME: Check applicable block to describe prime
EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P. M/W/DBE NON-M/W/DBE
PROJECT NAME: X
Removal of Lead Contaminated Soil from the
Evans and Rosedale Business and Cultural District BID DATE
08/21/03; 2:00 P.M.
City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER
12% 14 % DEM03-07:LEAD
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Managing
Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening
date, will result in the bid being considered non-responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed In this
utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional
and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in
the bid being considered non-responsive to bid specifications
M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties.
Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct
payment from the prime contractor to a subcontractor is considered 1"tier, a payment by a subcontractor
to its supplier is considered 2"d tier
ALL MfWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that
have been determined to be bonafide minority or women businesses by the North Central Texas Regional
Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division.
Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE).
If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
DEM03-07:LEAD
July 24, 2003
ATTACHMENT 1A
Page 2 of 4
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
Certification N
(check one) o
SUBCONTRACTOR/SLIPPLIER T n
Company Name i N T Detail Detail
Address M WC X M Subcontracting Work Supplies Purchased Dollar Amount
Telephone/Fax r B B T D W
E E R O B
C T E
Al I
Miko Trucking, Inc. 1 X Transportation $ 14 400.00
1100 Crestridge Court and Hauling
Irving, TX 75061 Services
Phone: 214/905-9202
Fax: 214/905-1975
Denali Services, L.P. 2 X Trucking $ 3,600.00
P. 0. Box 316 Broker
Ranger, TX 76470
Phone: 817/306-4616
Fax: 817/306-0341
'. Application Pending
DEM03-07:LEAD
July 24, 2003
ATTACHMENT 1A
Page 3 of 4
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
Certification N
(check one)
SUBCONTRACTOR/SUPPLIER n
P Company Name i N T Detail Detail
Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount
Telephone/Fax r B B R D JE E E C T
Al I
r
r
F
r
FORT WORTH
DEM03-07:LEAD
July 24, 2003
ATTACHMENT 1A
Page 4 of 4
Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 14 400.00
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 3,600.00
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 17,400.00
The Contractor will not make additions, deletions, or substitutions to this certified list without the prio
approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal
of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material
breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. Th
contractor shall submit a detailed explanation of how the requested change/addition or deletion will affec
the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliant
determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work
_ performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or
debarment from City work for a period of not less than three (3) years and for initiating action under
Federal, State or Local laws concerning false statements, Any failure to comply with this ordinance and
create a material breach of contract may result in a determination of an irresponsible Offeror and barred
from participating in City work for a period of time not less than one (1) year.
Marc W. Walraven
Authorized Signature Printed Signature
Vice President of the G.P. Vice President of the G.P.
Title Contact Name/Title(if different)
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, L.P. Phone: 254/629-1718; Fax: 254/629-8625
Company Name Telephone and/or Fax
P. 0. Box 872; Eastland, TX 76448 marcw@ecesi.com
Address E-mail Address
Eastland, Texas 76448 August 20, 2003
City/StatefZip Date
s
DEM03-07:LEAD
July 24, 2003
FORT WORTH
City of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
Or APPLICATION OF POLICY
If the total dollar value of the contract is$25,000 or more, the MiWBE goal is applicable.
If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women
Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis.
All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance
apply to this bid.
MfWBE PROJECT GOALS
The City's MBEJWBE goal on this project is 12 % of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance
by either of the following:
1. Meet or exceed the above stated M/WBE goal, or
2. Good Faith Effort documentation, or;
3. Waiver documentation, or;
4. Joint Venture.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department, within the following times allocated, in
order for the entire bid to be considered responsive to the specifications.
1.. Subcontractor Utilization Form, if goal is X1 received by 5:00 p.m., five (5) City business days after the bid
met or exceeded: opening date, exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if participation is less than opening date, exclusive of the bid opening date.
statedgoal:
3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid
erform all subcontracting/supplier work: opening date, exclusive of the bid opening date.
5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid
to met or exceed goal. opening date, exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS
Any questions, please contact the M/WBE Office at (817) 871-6104.
DEM03-07:LEAD
July 24, 2003 2-4
ATTACHMENT 1A
Page 1 of 4
FORT WORTH City of Fort Worth
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME: Check applicable block to describe prime
EAGLE CONSTRUCTION AND ENVIRON'-E� SERVICES, L.P. MAV/DBE NON-M,W/DBE
PROJECT NAME:
Removal of Lead Contaminated Soil from the Y
Evans and Rosedale Business and Cultural District BID DATE
08/21/03; 2:00 P.M.
City's MN VBE Project Goal: Prime's MIYVBE Project Utilization: �r PROJECT NUMBER
12% 14 % DEM03'-07:LEAD
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Managing
Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening
date, will result in the bid being considered non-responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed In this
utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional
and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in
the bid being considered non-responsive to bid specifications
MfWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties.
Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct
payment from the prime contractor to a subcontractor is considered 1" tier, a payment by a subcontractor
to its supplier is considered 2"d tier
ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that
have been determined to be bonafide minority or women businesses by the North Central Texas Regional
Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division.
Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE).
R If hauling services are utilized, the prime will be given credit as long as the MNVBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another MNVBE firm, including MNVBE owner-operators, and receive full MNVBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
DEM03-07:LEAD
July 24, 2003
ATTACHMENT TA
Page 2 or 4
a
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MMBEs.
Please list MfWBE firms first, use additional sheets if necessary.
Certification N
(check one)
SUBCONTRACTOR/SUPPLIER T n
Company Name i N T Detail Detail
C X M Subcontracting Work Supplies Purchased Dollar Amount
Address e M W
TelephonelFax r B B T D W
� E E R O B
C T E
Al I
Miko Trucking, Inc. 1 X Transportation $ 14,400.00
1100 Crestridge Court and Hauling
Irving, TX 75061 Services
Phone: 214/905-9202
Fax: 214/905-1975
Denali Services, L.P. 2 X Trucking $ 3,600.00
P. 0. Box 316 Broker
Ranger, TX 76470
Phone: 817/306-4616
Fax: 817/306-0341
Application Pending
a
i�
a
DEM03-07:LEAD
July 24, 2003
s
ATTACHMENT 1A
Page 3 of 4
Primes are required to identify ALL subcontractors/suppliers,regardless of status; i.e., Minority,Women and non-M/1NBEs.
Please list MIWBE firms first, use additional sheets if necessary_
Certification N
(check one)
SUBCONTRACTORISUPPLIER n
T N T Detail Detail
Company Name 1
C K M Subcontracting Work Supplies Purchased Dollar Amount
Address e M w
Telephone/Fax r B B R O JE E E C T
A
[Foxr�H
DEM03-07:LEAD
July 24, 2003
ATTACHMENT 1A
Paae 4 of 4
Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 14 400.00
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 3,600.00
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 17,400.00
The Contractor will not make additions, deletions, or substitutions to this certified list without the prio(
approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal
of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material
breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. Th
contractor shall submit a detailed explanation of how the requested change/addition or deletion will affec
the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliant
determination.
- By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work
performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or
debarment from City work for a period of not less than three (3) years and for initiating action under
Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and
create a material breach of contract may result in a determination of an irresponsible Offeror and barred
from participating in City work for a period of time not less than one (1) year.
C�
Marc W. Walraven
Authorized Signature Printed Signature
Vice President of the G.P. Vice President of the G.P.
Title Contact Namerritle(if different)
EAGLE CONSTRUCTION AND
ENVIRONIEITAL SERVICES, L.P. Phone: 254/629-1718; Fax: 254/629-8625
Company Name Telephone and/or Fax
P. 0. Box 872; Eastland, TX 76448 marcw@ecesi.com
Address E-mail Address
Eastland, Texas 76448 Aug st 20, 2003
City/Statemp Date
DEM03-07:LEAD
July 24, 2003
2.4 PROPOSAL SUMMARY
TO THE CITY OF FORT WORTH:
The undersigned hereby proposes to furnish the equipment, labor materials, superintendence,
and any other items or services necessary to perform the removal, transportation, and disposal of
lead-contaminated soil from the Evans and Rosedale Business and Cultural District. Detailed
- Scope of Services is attached hereto.
Contractor equipment and personnel are capable of performing each type of procedure listed in
the Project Data either with in house resources or through subcontracts.
Expected
Task Units Unit Price Total Price
Excavation of Lead Soil 5,300 CY $ 3.95 / CY $ 20,935.00
Excavation of Overburden 00 C $ /CY 2,370.00
MM Loading of Soil 5,90 $ / CY 10 502.00
Transportation as Class II 300 loads $ 67.20 / Load 20 160.00
Transportation as Class 1 0 loads $ 1 q9,00 / Load 0.00
�. Transportation as Haz 0 loads $ 1700.00 / Load 0.00
Disposal as Class II Non-Haz 5,900 CY $ 8.40 / CY 49 560.00
Disposal as Class I Non-Haz 0 CY 1 $ 26.14 /CY 0.00
.. Disposal as Haz 0 CY I $ /CY 0.00
Total Contract Cost
Note: Class I and Haz Transportation and Disposal Costs are included as a unit price for evaluation purposes
in the event that waste characterization samples reveal concentrations that require handling other than Class II
Non-Hazardous Waste as expected.
All Proposal Documents have been submitted in one sealed envelope.
The Provider commits to have this project complete within 30 days of receiving a Notice
to Proceed.
This Proposal Summary and the accompanying Proposal Documents are intended to be
complete and will remain valid for sixty (60) days from the date of submittal.
PROVIDER:
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, L.P. BY: Marc W. Walraven
(Company Name) (print or pe nameofsignatory)
P. 0. Box 872 Z,211
(Address) ( gnature)
Eastland, Texas 76448 Vice President of the G.P.
(City, State, Zip) Title(print or type)
254/629-1718 254/629-8625
^w Phone) (FAX)
DEM03-07:LEAD ri 1_1_`:L
July 24, 20031�'rP
2-12
� 1711
r
FORT
on
Eagle Construction & Environmental Services L.P.
Corporate Office: Local Office:
9701 I-20 East 9204 Hwy. 287 N.W.
Eastland,Texas 76448 Fort Worth, Texas 76131
Phone: 254/629-1718 Phone: 817/847-1333
Fax: 254/629-8625 Fax: 817/306-8086
r
Removal of Lead-Contaminated Soil from the DEM03-007:LEAD
rEvans and Rosedale Business and Cultural District
EAGV; FoR. T�H
Past Performance
Since it's start 23 years ago, Eagle Construction & Environmental Services L.P. has
created a successful full service environmental company. We provide a company that
services all types of environmental needs from emergency response to superfund
remediation projects. Eagle maintains it's competitive edge by always staying on top of
the environmental industry. We are always searching for innovative ideas, the most
qualified personnel and technologically advanced equipment. Eagle's ability to deliver all
the necessary resources to manage and resolve environmental remedation projects yields
three key advantages: time savings, enhanced quality control and reduced costs. To
provide quality performance on-site, a company must be equipped with experienced
personnel, the right equipment and necessary resources. Experienced personnel consists
of people that have been trained to not only handle the most complex situation but also
one who can utilize the vast amount of resources Eagle maintains. Eagle has performed
thousands of projects for a large clientele base. Eagle is set apart from the rest of the
environmental industry because we offer a top of the line service every time. Being
successful is achieved by giving customers a peace of mind that no matter what type of
situation they are faced with, the job will be completed in a professional manner as safely
and quickly as possible.
MDI Residential Area Superfund Site
Texas Commission on Environmental Quality Daniel Benson
5425 Polk Ave. Suite H 713/767-3500
Houston, Texas 77023
Eagle entered into a contract with the TCEQ for the remediation of eighty-six properties
in the MDI Residential Superfund Site in Houston, Texas' Fifth Ward. From the
beginning of this project, Eagle placed a high importance in keeping the residents of the
properties informed and involved. Meetings were held with each resident before, during
and after remedial activities were conducted on their property. Community meetings
were also held to inform the Fifth Ward community about the work being performed and
to participate in question and answer sessions. Public and stakeholder involvement was
significant at these meetings.
All excavated soil was removed in 6" lifts and screened for lead concentrations using a
portable X-Ray Fluorescence (XRF) testing unit. Once the extent of contamination was
removed, Eagle transported the soil to a centralized area for waste characterization and
staging. All soil was sampled in 250 c.y. increments and tested for TCLP lead using EPA
Method 200.7. Upon receipt of the analytical data, Eagle profiled the soil into the
appropriate landfill, dependent upon waste characterization. All soil was transported for
disposal under the appropriate disposal manifest. Once excavation was complete, Eagle
collected composite samples from the base of the excavations to determine the extent of
the removal. Upon receipt of the confirmation results, the excavations were backfilled to
grade with sand, soil or gravel, dependent upon the resident owner's request. The
excavation of the residences also included pre-removal and post-removal inspections of
each impacted area including photographic and video documentation of the areas. The
Removal of Lead-Contaminated Soil from the DEM03-007:LEAD
Evans and Rosedale Business and Cultural District
FOR T`�H
inspections documented all areas requiring excavation to include all vegetative cover
requiring removal and replacement. All areas were restored to their original condition
prior to excavation.
Eagle performed continuous air monitoring of the impacted areas using mini-ram dust
monitors placed in upwind and downwind locations. In addition, Eagle performed
continuous sampling of particulates in the air using a Hi-Volume Total Suspended
Particulate (TSP) sampler. All samples were collected and tested for constituents of
concern.
All phases of the work were performed by personnel with a minimum of forty hours of
training in hazardous materials management in accordance with 29 CFR 1.910.120.
Remediation of Firing Ranges
United States General Services Administration W. James Biederman
181h and F Streets NW, Room 4125 (202) 501-0255
Washington DC 20405
Eagle was selected based upon its innovative approach and experience to perform
remediation services for the United States General Services Administration at the Lorton
Correctional Complex in Lorton, Virgina. Under a mandate from the United States
Congress, the property, consisting of training facilities, prison units, and support
facilities, was to be closed and returned back to the County of Fairfax, Virginia for future
development.
The original scope of work was open and required the contractor to develop a
remediation plan to excavate, stockpile, characterize, and dispose of 15,000 cubic yards
of lead contaminated soil from four geographically
separate ranges within the complex. Under Virginia
Department of Environmental Quality regulations,
contaminated soil must be placed immediately into
covered containers and cannot touch the ground once it is
removed from its original location. To comply with these
regulations, Eagle's innovative remediation team designed 1
and constructed containment bins consisting of steel plate
flooring and concrete traffic barriers for walls. All floor joints were welded and made
water tight. Eagle used concrete grout and weatherstripping to make the barriers
watertight as well. The entire work area was underlain by 2 layers of poly sheeting. To
cover the stockpiles, Eagle used large tarps consisting of 20 mil reinforced poly sheeting.
The containment bins were constructed in the soil processing area which was centrally
located at the facility.
All soil excavated from the impact areas was loaded directly onto trucks and was taken to
the soil processing area. The treatment area consisted of a screening plant, a 10,000
gallon water tank, and a pugmil.l. The containment bins were laid out in a radial pattern
so as to be accessible not only to trucks but also for direct discharge from the pugmill via
a series of radial stacking conveyor belts. The surface soils from the impact -area were-
Removal
ere-Removal of Lead-Contaminated Soil from the DEM03007LE
Evans and Rosedale Business and Cultural District
EMJF,; FaRu T WORTH
selectively screened between 3.0" and .30" in order to capture bullets and fragments of all
standard small arms sizes. The screening process was made more difficult due to the
high moisture content in the parent soil. Additionally, the market for recycled lead
required a minimum of 90% purity. To extract the bulk lead, Eagle employed a dry
product vacuum truck that effectively utilized the principles of gravity, turbulence, and
air resistance to effectively remove the lighter, less dense inert material. The screened
soil was then stabilized with portland cement in a pugmill. All stabilized soil was
,i retained for three days prior to confirmation testing to allow for the stabilization
processes to take place. At the completion of the project, over 19,000 cubic yards of
treated and untreated soil was removed from the project location. All hazardous soil was
stabilized to below 5.0 mg/1 TCLP on site, and approximately 60,000 pounds of lead was
segregated and recycled at a purity level of over 95%. All work was performed by Eagle
employees trained in each particular task and in compliance with all local, state, and
federal regulations and within the restrictive time constraints of 100 calendar days in the
original solicitation. Upon completion of the work, all equipment was decontaminated,
clearance samples were taken in all work and staging areas, and all disturbed areas were
properly revegetated.
Shoreline Refinery Remediation and Closure
Riverwood International Donald Tieken
3350 Riverwood Parkway SE (770) 644-3250
Suite 1200
Atlanta,Georgia 30339
The former Shoreline Refinery site was an inactive and abandoned petroleum refinery
operated during the 1920's and 1930's. The refinery was dismantled after closure; all
that remained at the site were foundations and the three waste areas. The former refinery
operations were conducted on approximately 17 acres of this 106-acre parcel. The
remedial action at the site focused on three waste disposal areas (acid sludge field, oily
sludge field and a surface impoundment) located at the former refinery. The sludge fields
were approximately 5.5 acres and the impoundment approximately 0.62 acres. The total
volume of sludges and impacted soils treated during the remediation was approximately
30,000 cubic yards. Eagle sot idified/stabi lized approximately 20,000 cubic yards of oily
sludges and soils, and neutralized approximately 10,000 cubic yards of acid sludges. All
of the treated material was consolidated on-site in a 2.5-acre area and capped with 36-
inch compacted clay liner and 6-inch vegetated cover.
Dallas Naval Air Station Rubble Landfill Remediation
United States Department of the Navy Robert Pena
1215 Depot Ave (817) 820-5696
Fort Worth,Texas 76127
Removal of Lead-Contaminated Soil from the DEM03-007:LEAD
Evans and Rosedale Business and Cultural District
moo)� FORT_ WORTH
rEagle was selected to perform the remediation of the former rubble landfill at the Dallas
Naval Air Station based upon cost and overall approach to the work. Eagle was
responsible for all project documentation including the three
phases of control, daily production reports, weekly quality
control reports, various safety forms, sampling logs,
rtransportation logs and disposal logs. Eagle employed a
full-time Quality Control (QC) Officer, Health and Safety
Officer, Site Supervisor and Project Manager to the project.
Weekly meetings were conducted by the onsite Quality
Control Officer. Final reporting for the project included
completion and submittal of the Response Action Completion Report (RACR) to the
Department of the Navy and the TCEQ.
Eagle performed the removal, transportation and disposal of approximately 55,000 tons
of metals and chlorinated solvent contaminated soil; 30,000 tons of construction and
demolition debris; and backfilled the impacted area. Eagle placed a large emphasis on
the recycling of metals, concrete and asphalt found in order to limit the amount of
material generated under the Department of the Navy.
Sampling was performed in a manner that allowed Eagle to begin remedial activities
simultaneously with the sampling and data collection of other areas. This approach
allowed Eagle to complete the remediation of the former landfill several weeks ahead of
the originally proposed schedule. All analytical data was reviewed with two goals in
mind, (1) waste characterization that identified the type and level of contamination and
(2) access to potential onsite backfill (soils that met Residential Standards). This
approach minimized the quantity of material taken offsite for disposal and reduced the
cost of backfill material.
Upon receipt of analytical data., Eagle reviewed the results and quality control data and
placed the waste stream with the appropriate pre obtained profile approval number.
Previous sample pits, test wells, trenching activities, etc. made it possible to complete
profile forms on the expected waste streams. Following the removal of all materials from
the landfill, Eagle utilized onsite soil that was deemed "clean" to backfill low areas.
r Backfill material was placed and compacted to 95% standard proctor density. Eagle
graded the area after filling in the low spots to allow natural drainage. All disturbed areas
were hydromulched and Eagle is to maintain the vegetation for a 6 month period.
r
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Removal of Lead-Contaminated S itfromthe DEM03-007:LEAD
Evans and Rosedale Business and Cultural District
I
Fax, T�y
Resumes
r
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Removal of Lead-Contaminated Soil from the DEM03-007:LEAD
Evans and Rosedale Business and Cultural District
Kenneth Jackson Fort Worth District
Eagle Construction & Environmental Services, L.P. Manager
CERTIFICATIONS:
Fort Worth District Manager
Kenneth Jackson serves in the capacity of Fort Worth District • 29 CFR 1910.120 OSHA
Manager with over 15 years environmental experience. His 40 Hour Hazardous Waste
responsibilities include all aspects of operations management and Training
project management. His limitless experience in environmental 29 CFR 1910.120
remediation makes him, not only a valued manager, but enables Supervisor Training
him to direct tasks in a more expedient and effective manner. As
"* District Manager of the North Central Texas Area, Mr. Jackson's • 29 CFR 190.146 Confined
responsibilities cover a wide area, ranging for the northeastern Space Entry
border of Louisiana to the northwestern border of New Mexico. TCEQ Class A & B
He is a valued manager with valued qualities and experience. Licensed Supervisor
• Trenching and Shoring
Competent Person
Summary of Related Experience
• Site Superintendent for the excavation and stabilization of over 15,000 c.y. of sludge from the Union
Pacific dewatering pond at the Centennial yard in Fort Worth, Texas. Duties included the stabilization of
the sludge to pass the paint filter test using fly ash. All materials was stabilized with a trackhoe and
transported to an on site staging area for characterization and disposal.
*' • Site Superintendent for the site remedial activities for the Union Pacific Railroad in Dennison, Texas.
Duties included the dewatering and stabilization of the floor of the lagoons to 50 psi using an 8% mixture
of Portland Cement. All material was stabilized using a trackhoe and tested by a geotechnical engineer.
Once stabilization was complete,a 48" HDPE line and clay cap was constructed over the lagoon basins.
• Site Superintendent for the excavation and removal of over 30,000 c.y. of TPH contaminated soil at the
Arena location in Dallas, Texas. All impacted soil was excavated, characterized for waste classification
+" and transported for disposal on the basis of waste classification.
• Site Superintendent for the excavation and disposal of over 8,000 c.y. of contaminated soil for the BNSF in
Cleburne,Texas. The site activities included the complete excavation and disposition of TPH impacted soil
as well as the installation of 48" HDPE drainage lines and an interceptor trench with treatment system.
• Site Superintendent for the demolition and asbestos abatement of the new arena site in Dallas, Texas. He
•" supervised the demolition and disposal of two large 3-unit cooling towers, one 55-barrel fuel oil tank, two
1,000 gallon fuel oil tanks, and 1,500 feet of fuel oil piping
�. Site Supervisor on a project for the City of Fort Worth for the demolition, removal and proper disposal of
numerous residential structures within the city.
• Supervised removal of underground storage tanks at Folger's Coffee facility in Sherman, Texas. This
A' project also involved the installation of two aboveground storage tanks (one 18,000 gallon and one 24,000
gallon).
• Site Supervisor and Health and Safety Officer for concrete capping project in Plainview, Texas.
Supervised the excavation and placement of 2,000 cubic yards of soil contaminated with chlorinated
pesticides. A capping cell was constructed of 60 millimeter HDPE liner and covered with a 10" concrete
cap to prevent migration of contaminants to surface impoundments.
40
Derek R. Senter Project Manager/ Estimator
Eagle Construction & Env. Services, L.P. Employment Status: Full-Time Employee
Project Manager
EDUCATION:
As a Project Manager Mr. Senter is responsible for the effective execution of BS Environmental Science,
projects including schedule and budget control, management of personnel and Abilene Christian University
equipment resources, management of subcontractors and team members, health • Biology Minor Abilene
and safety compliance and management, compliance with quality requirements, Christian University
and compliance with all contractual and regulatory requirements. He has prepared
bids and/or managed over 100 environmental and construction related projects.
Mr. Senter has over five years of management experience as well as hands-on CERTIFICATIONS:
experience with environmental means and methods, allowing him to prepare more . 40 Hour Hazardous Materials
precise cost schedules for various environmental projects. Safety Training
Summary of Related Experience • Confined Space Training
�' • Lead Awareness
Eagle Construction & Environmental Services, L.P., Eastland, Texas, • Asbestos Awareness
10/2002-Present • Confined Space Entry and
Rescue Training
July 2003-Present Department of the Navy NWIRP McGregor Texas. . BNSF and UPRR Safety
Prepared technical approach and cost proposal for the design and build of a class Traininq
II cap for the seven-acre landfill located in area M of the NWIRP. Performed
preliminary borrow source assessment of the site to determine suitable borrow sources. Site activities would include the
removal of all overgrowth, filling of void areas, placing a clay cap, and establishing vegetation according to the
specifications set forth by the department of defense, TCEQ and U.S. EPA.
July 2003-Present-KCS—Storm Water Impoundment Closure—Shreveport, Louisiana
Prepared technical approach, cost estimates and technical documents for the remediation and closure of a two acre storm
water impoundment. Site activities include the excavation, solidification, and transportation of solidified material as well
as the construction of a containment cell for the placement of all solidified material. Upon the completion of all
solidification activities, a clay cap will be placed over the cell and the former pond will be backfilled and vegetation will be
established.
June 2003—Present— Tetra Tech EM Inc.—Mallard Bay Landing Plant, Superfund Site
Served as the resource manager as well as provided assistance in project coordination for the demolition and sludge
removal contracts awarded to Eagle for the mallard bay demolition and remediation project. Assisted in the preparation
of the technical approach documentation and cost proposal. Prepared and submitted all required submittals and
conducted the review of the submitted Health and Safety Plan.
March 2003— Texas Commission on Environmental Quality(TCEQ) -San Angelo, Texas
Served as a first responder to a state declared emergency response. Performed as site Foreman and Eagles Quality
Control Officer. Was responsible for the coordination and tracking of all onsite equipment and materials, sample
collection and data logging, as well as the preparation of cost estimates for the TCEQ for future site remedial activities.
Work History
5/01 to 12/01 Environmental Intern/TXU- Comanche Peak Nuclear Plant
As an intern I assisted on site environmental specialists with daily, monthly and annual quality control inspections of
wastewater and ground water treatment as well as the daily operation of both onsite treatment facilities. Performed dam
inspections, fecal coliform counts, and storm water assessments. Assisted contracted consultants in groundwater
sampling and the Department of Energy in performing analyses on the reservoir.
9/98 to 12/01 Student Manager/Computer Hardware Technician — Abilene Christian University Information
Technology Department. _
Served as student manager for the University's Computer Hardware Division. Correspon ed with all university fa ulty in
resolving hardware issues with university computers. Managed and assisted with stu ent workers daily activities ities in
rcompleting repairs, upgrades, and new installations of computers, printers, and other peri eral,s.
a
Tracy E. Sain Project Supervisor
Eagle Construction & Env. Services, L.P. Employment Status: Full-Time Employee
Project Supervisor
Mr. Sain has recently joined Eagle Construction & Environmental Services as a CERTIFICATIONS:
project supervisor. Tracy Sain holds several responsibilities including
management and operation of equipment, compliance with quality requirements, • Hazardous Materials
health and safety compliance, and a compliance with contractual and regulatory Safety Training
requirements. Mr. Sain is responsible for the timeliness of project completion, . Lead Awareness Training
and making sure that projects stay within budget guidelines. It is also important . Confined Space Entry and
that all policies and procedures are upheld. Rescue Training
Summary of Related Experience 0 Asbestos Awareness
Training
Project Supervisor,Eagle Construction and Environmental Services,L.P.
Mr. Sain was recently employed by Eagle because of his proven knowledge of remediation and demolition activities as well as
his previous performance on environmental projects. Mr. Sain performs as a supervisor for Eagle. He brings 13 years of
construction, demolition,and remediation experience to Eagle in the environmental field.
" Entact Environmental
Master Metals Inc. - Cleveland, Ohio
This project included setting up of security and safety zones for the decontamination and demolition of a secondary lead
smelter, on-site treatment of various waste streams, excavation and treatment of on-site soils, off-site disposal of treated and
non-treated soils, onsite soil sampling for waste characterization, waste water treatment, as well as operation of heavy
equipment.
�. Johnson Controls Battery Group, Inc. -Louisville Kentucky
Responsible for activities that entailed facility decontamination, equipment decontamination and decommissioning, demolition,
and remediation activities for a former battery manufacturing facility. Included the removal and salvage of process equipment
as well as segregation and recycling of scrap steel. Included the collection, handling, and shipment of lead oxide to lead
,. smelter,wastewater treatment,and deliniation of contaminated soils,excavation and removal of contaminated soils.
Dixie Metals-Dallas, Texas
Performed building decontamination and demolition, stabilization of onsite contaminated soils. Duties also included
participation in the installation of a two-foot clay liner on a 4-acre RCRA cap as well as the installation of a slurry wall around
the entire property.
ns Denton Drive-Dallas, Texas
Performed equipment operation, daily health and safety meeting,day to day planning for excavation areas. Duties also included
onsite stabilization of Hazardous waste,sampling of said waste, and offsite transportation and manifesting of said materials.
0" Dallas Arena Project- Dallas, Texas
Responsible for activities that included partial project management of the south end of the property clean up. Remediation of
delineated areas of the site, transportation and staging of excavated materials. Equipment maintenance program for the south
end property as well as day to day safety meetings and liaison between Entact and Half-Associates.
Leigh Rone Engineering Inc
Atlas Storage Facility- Temple. Texas
Job duties on this project included project management, site security, liaison between Leigh Engineering and customer, day to
day updates to the TNRCC. This project was overseen by the TNRCC due to the heavy asbestos debris located on the site. It
was decided that the debris would be removed under neshap rules of wet demolition. All trucks were manifested, arid weighed
before leaving the site. All steel was decontaminated using high-pressure sprayers before leaving the site.
City of Irving- Town Lake Project
This project was performed for the city of Irving Park and recreations department; scope of this project was to, remove all silt
to onsite drying beds. Once the silt was dried it was graded and hydro mulched. After all the silt was removed from the pond,
all slopes were regraded to specs of the grading plan. Responsibilities also included entire project anagement, liaison between
Leigh Engineering and City of Irving, equipment maintenance,and rental and return of all equipment.
r
FORT WORTH
Equipment
Eagle will utilize a Komatsu 200 class trackhoe or equivalent will be used to perform the
excavation of all material onsite. In addition, a Cat 926 or equivalent wheel loader will
be used to load out all excavated material. In the event of onsite equipment failing, Eagle
will promptly replace that piece of machinery with an equivalent from Eagle's fleet of
excavation equipment. If Eagle equipment is not available, Eagle will call on one of our
many suppliers for a rental piece of equipment as needed.
Excavation Process
After careful review of the site Eagle has developed a process for the safe and efficient
removal of the contaminated soils. A trackhoe will be utilized to excavate the areas
determined by the City of Fort Worth to be contaminated. Material will be excavated and
stockpiled directly adjacent to the excavated area. After approximately 1,500 cubic yards
have been excavated, a wheel loader will be mobilized to the site and haul trucks will be
scheduled. The wheel loader will then load the excavated material into the dump trucks
for transportation to the appropriate landfill for disposal. Performing both excavation and
loading of trucks simultaneously with an established lag time will allow the overall
project to be performed efficiently and quickly without creating interference between the
equipment.
All soils will be sampled in-situ in order to speed the excavation and loading process.
The areas to excavate will be sampled by the City of Fort Worth in 200 cubic yard
increments and analyzed by the City of Fort Worth for total lead. In the event that total
lead results are elevated, a TCLP lead will be run to quantify the level of contamination
present in the soil. No additional analysis are anticipated to be required at this time.
All Class II Non-Hazardous soil will be disposed of at Waste Management's Westside
Sanitary Landfill. If Class I Non-Hazardous soils are encountered, they will be
transported to BFI Itasca for disposal. In the unlikely event that Hazardous soils are
encountered, Eagle will transport the hazardous material to Chemical Waste Management
in Carliss, Louisiana for disposal.
Measurement & Payment
All excavated areas will be measured by Eagle's onsite supervisor and confirmed by the
City of Fort Worth's onsite representative. Payment for the excavation of the
contaminated soils and overburden will be determined through these measurements of in
place cubic yards. A survey by a licensed surveyor will not be provided by Eagle.
Measurement of material loaded and disposed of will be made by the manifested cubic
yard.
Removal of Lead-Contaminated Soil from the DEM03-007:LEAD
Evans and Rosedale Business and Cultural District
IIP"
t
MJP4; FORT H
1; Health and Safety Program
,. Eagle's safety policy is to establish, actively promote, and continuously improve the
safety, health, and accident prevention program; to provide a safe and healthful work
environment for all employees; to prevent human and material loss; and to meet or
exceed Occupational Safety and Health Administration (OSHA) regulations, and Federal,
i state and local laws for safety and health. Eagle is committed to provide the human and
material resources needed to implement this policy.
Eagle believes that injuries can be prevented, management is responsible for preventing
injuries, safety requires involving all employees, training employees to work safely is
essential, and that accident and prevention is good business.
Eagle's practice is that all of its employees actively participate in its Safety and Health
program.
All site activities for this and all Eagle projects will be in compliance with the following
regulations, contract requirements, and guidelines:
• United States Department of Labor, OSHA Standards, specifically:
-29 CFR 1900-1910 -- Labor
-29 CFR 1910.1200 --Hazardous Communications
-29 CFR 1926 -- Safety and Health Regulations for Construction
-29 CFR 1910.120 -- Hazardous Materials Management
r" • State-Specific Safety and Health Regulations
• USEPA Standard Operating Safety Guides
r
Removal of Lead-Contaminated Soil from the DEM03-007:LEAD
Evans and Rosedale Business and Cultural District
FoR_ T� W
Subcontractors
Eagle will utilize Miko Trucking Inc. to perform the transportation of the excavated soils
to the required landfills. Miko employees a well qualified staff of experienced operators
in order to increase the safety of the operation of their company owned trucks. Miko
Trucking has the experience and knowledge on the safe handling and transportation
requirements necessary to effectively and efficiently complete the tasks required.
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Removal of Lead-Contaminated Soil from the DEM03-007:LEAD
Evans and Rosedale Business and Cultural District
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2.7 VENDOR'S COMPLIANCE TO STATE LAW
The following information is required by the City of Fort Worth in order to comply with provisions of state
law, TEXAS GOVERNMENT CODE §2252.001, State or Political Subdivision Contracts for Construction,
Supplies, Services; Bids by Nonresident.
Every bidder shall affirmatively state its principal place of business in its response to a bid invitation.
Failure to provide the required information shall result in your bid being declared non-responsive. Bidders'
cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For
this reason, each bidder is encouraged to complete and return in duplicater with its bid, the Statement of
Residency Form, but in any event the low bidder shall submit this information within five (5) business
days after the date of receipt of notification of apparent low bidder status from the Purchasing Division
of the Finance Department. Failure to provide all required information within this designated period shall
result in the apparent low bidder being considered non-responsive, and the second low bidder being
considered for award.
TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "resident bidder" as a bidder whose
principal place of business" is in the state of Texas, including a contractor whose ultimate parent company
or majority owner has its principal place of business in the state of Texas.
TEXAS GOVERNMENT CODE §2252.001 defines a "Nonresident bidder" as a bidder who is not a
resident.
Bidder's complete company name: EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P.
State your business address in the space provided below if you are a Texas Resident bidder:
9701 East I-20; P. 0. Box 872; Eastland, Texas 76448
State your business address in the space provided below if you are a Nonresident bidder:
"The State Purchasing and General Services Commission defines Principal Place of Business as
follows:
Principal Place of Business in Texas means, for any type of business entity recognized in the State of
Texas, that the business entity:
�1 Has at least one permanent office located within the State of Texas, from which business
activities other than submitting bids to governmental agencies are conducted and from which the
bid is submitted, and
�l Has at least one employee who works in the Texas office
Form prepared by:
� , llt r•• . z _ Vice President of the G.P.
(Name) Marc W. Walraven (Title)
Date: August 20, 2003
DEM03-06:CGW
July 3,2003
2-16
Page 1 of 1
Ryan, Camillia
From: Fitzgerald, Kellye
Sent: Friday, January 16, 2004 10:51 AM
To: Ryan, Camillia
Subject: RE: insurance companies
They are all OK!
Kedye Titzgerald
Senior Risk Analyst
Risk Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
817-392-2426
-----Original Message-----
From: Ryan, Camillia
Sent: Friday, January 16, 2004 10:41 AM
To: Fitzgerald, Kellye
Subject: insurance companies
Good morning Kellye.
Will you please verify the following insurance companies for me.
Zurich American Ins. Co
Commerce& Industry
Steadfast Insurance Co
Ace American Insurance Co.
Thank you for your time.
Thankyou,
Camiffw Ryan
EnvironmentafWanagement
817.392.6647
817.392.6359(far,)
,;Il c•�+1U
1/16/2004
" DATE ACORD CERTIFICATE OF LIABILITY INSURANCE T
n 03/10/2003
�RODUCER Kinnaird,Rossander&Perry, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
104 N.Lamar HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O.Box 351 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Eastland TX 76448 INSURERS AFFORDING COVERAGE
sURED EAGLE CONSTRUCTION AND ENVIRONMENTAL INSURER A:ZURICH AMERICAN INS CO
SERVICES,LP INSURER B: COMMERCE&INDUSTRY
Imo* P O BOX 872 INSURER C:STEADFAST INSURANCE CO
I EASTLAND TX 76448 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY GL09273191-02 02/28/2003 02/28/2004 EACH OCCURRENCE a 1,000,000•
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE An one fire 100.000•
L CLAIMS MADE FX]OCCUR MED EXP(Any one arson $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
I{� X POLICY PRO- LOC
AUTOMOBILE LIABILITY TAP92731093-02 TEXAS 02/28/2003 02/28/2004 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $ 1,000,000
ALL OWNED AUTOS BAP9278178-02 OUT OF TX
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS
(Per accident) $
X MCS-90
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC
AUTO ONLY: AGG
LEXCESS LIABILITY SUO 9273199 00 02/28/2003 02/28/2004 EACH OCCURRENCE $ 4,000,000•
X OCCUR 71 CLAIMS MADE AGGREGATE S 4,000,000.
E
DEDUCTIBLE
X RETENTION $10,000.
WORKERS COMPENSATION AND WC969-1183 03/12/2002 03/12/2003 X WCSTATU- OTH-
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT S 1,000,000
E.L.DISEASE.EA EMPLOYEE $ 1,000,000
E.L.DISEASE•POLICY LIMIT 1,000,000
OTHER
Professional/Pollution PEC 3746034-02 02/28/2003 02/28/2004 5,000,000/5,000,000
04ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
;ITY OF FT WORTH,ITS OFFICERS,AGENTS,EMPLOYEES,REP'S&VOLUNTEERS ARE
ADDITIONAL INSUREDS AS RESPECTS OPERATIONS& ANDACTIVITIES OF OR ON BEHALF OF THE NAMED
ADDITIONAL
PERFORMED UNDER CONTRACT WITH THE CITY OF FT WORTH.
HE NAMED INSURED,PERFORMED UNDER CONTRACT WITH THE CITY OF FT WORTH.
CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF FT WORTH DATE THEREOF,THE ISSUING INSURER WILL EN30
gMVOR TO bFA1C : DtS WRITTEN
DEPART OF ENVIRONMENTAL MGE AD NOTICE TO THE CERTIFICATE HOLDER NAMEDTQTHE'L�FT,BUT FAIRIME 70 30 SHALL
908 MONROE ST 7TH FLOOR IMPOSE NO OBLIGATION OR LIABILITY OF ANY 1DNO UPON THE INSUREM IT AGENTS OR
REPRESENTATIVES.
FT WORTH TX 76102
AUTHORIZED REPRESENTATIVE
WORD 25-S(7197) CORPORATION 1988
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY NO RIGHTSAllied N. America Corp. of Tx HOLDER.NTHISONFERS CERTIFICATE DOES NOTOAM ND, ETHE XTE DCATE OR
12770 Coit Road, Suite 750 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas, TX 75251 COMPANIES AFFORDING COVERAGE
(972)455-1400 F: (972) 387-8837 COMPANY
A ACE AMERICAN INSURANCE COMPANY
INSURED COMPANY
EAGLE CONSTRUCTION AND B
ENVIRONMENTAL SERVICES, LP COMPANY
P .O. BOX 872 C
EASTLAND TX 76448 COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER LICY F CTTVE POLICY E OWTION UMTS
PO
LTA DATE(MWDD/YY) DATE(MMIDDIM
GENERAL LIABLITY GENERAL AGGREGATE S
COMMERCIAL GENERAL LIABILfTY PRODUCTS.COMP/OP AGG S
CLAIMS MADE F1 OCCUR PERSONAL 6 ADV INJURY S
OWNERS 6 CONTRACTORS PROT EACH OCCURRENCE _
FIRE DAMAGE(Any one fire) $
MED EXP(Any one person) S
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT S
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY s
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
GARAGE LIABLTTY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABLTY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE 3
OTHER THAN UMBRELLA FORM s
A WORKERS COMPENSATION AND C4348M38 03/12/03 03/12/04 IM WC L MTU- o A .
EMPLOYERS' LIABLRY
EL EACH ACCIDENT s
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $
PAATNERSiEXECUTNE
OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE S
OTHER
DESCRIPTION OF OPERATIONSUDCATIONiVEHK:ILMSPECIAL ITEMS
POLICY INCLUDES WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER,
ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND VOLUNTEERS.
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SHOULD ANY OF THE ABOVE OESCRSTED POLICIES BE CANCELLED BEFORE THE
CITY OF FORT WORTH EXPWATION DATE THEREOF, THE ISSUNG COMPANY Ws,L ENDEAVOR TO MAIL
DEPT. OF ENVIRONMENTAL MGMT. AD 30 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,
908 MONROE ST. , 7TH FLOOR BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
FT . WORTH TX 76101 OF ANY KIND UPON THE COMB Y, ITS AGENTS OR REPRESENTA7IYE9.
AUTHOR® REPRESENTATIVE
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Certification of Provider's Legal and Compliance History
Complete ONE of the Following Certifications:
I certify under penalty of law that the attached report of Provider's Legal and Compliance
History was prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the possibility of
fine and imprisonment for knowing violations.
PROVIDER:
EAGLE CONSTRUCTION AND
ENVIRONMENTAL SERVICES, L.P. BY: Marc W. Walraven
4M Company Name (print or type name of signatory)
Vice President of the G.P.
,M (si ature) Title(print or type)
August 20, 2003
Date
0M
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 properly
gather and evaluate the information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the information, I hereby
certify that no legal action relating to the protection of the environment was brought against
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.
N„ PROVIDER:
BY:
Company Name (print or type name of signatory)
(signature) Title(print or type)
Date
DEM03-06:CGW
July 3,2003
2-21
AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY
Bid Bond
Bond Number N/A
KNOW ALL MEN BY THESE PRESENTS:
That we Eagle Construction and Environmental Services, LP, P.O. Box 872, Eastland, Texas 76448
.. (Name and address of Contractor)
as Principal (hereinafter the"Principal"), and American Guarantee and Liability Insurance Company, a
New York corporation having its principal office located at One Liberty Plaza, 315` Floor, New York, NY
10006(hereinafter the"Surety'), are held and firmly bound unto The City of fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102
(Name,address and legal title of Owner)
(hereinafter the"Obligee") in the sum of five percent(5%)of bid amount Dollars
($ N/A ), for the payment of which sum the Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns,jointly and severally, by these presents.
WHEREAS, the Principal has submitted a bid for removal of lead-contaminated soil from the
Evans and Rosedale Business and Cultural District
(insert full name, address and description of Project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall
enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as maybe specified in the bidding or Contract Documents with good and sufficient surety, or in the
event of the failure of the Principal to enter into such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount
specified in said bid and such larger amount for which the Obligee may reasonably contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect. The liability of the Surety hereunder shall in no event exceed the lesser of:
(a)the penalty hereof; or(b)the difference between the amount specified in the Principal's bid and any
larger amount for which the Obligee reasonably contracts with another party to perform the work specified
in the Principal's bid.
a. This Bid Bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government
Code; or Chapter 53 of the Texas Property Code, as applicable, and all liabilities on this Bid Bond shall
be determined in accordance with the provisions of the applicable Chapter to the same extent as if it were
copied at length herein.
Signed and sealed this 19th day of August , 2003. VVIROry,��
ATTEST: Eagle Construction and Environmental Servi
(Principal) �' c AL
A�l By: 2000
c mzu i MarcW. water >11
(Title)
Vice President of the G.P.
WITNESS: American Gu ntee d Liability r nce Company
(Surety)
By, (SEAL,
(Att n -in-fact)AofYrd Rossander
GICSUR3—TX(12-98) 1
AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY
One Liberty Plaza, [30th Floor], New York, New York, 10006
CERTIFIED` aVIfEF OF TT�RNEY -
- -
- �►PPINTING INDIVIDUAL ATTO#tNEY('3)-1N-FAC`f
_
KNOW ALL MEN BY THESE-PRESENT, That the AMERICAN GUARANT€E-AND-LIABILITY INSURANCE=-COMPANY, a corporation
created by and existing under the laws of the State of New York with its Executive Offices located in Schaumburg, Illinois, does here by
nominate,constitute and appoint
Michael Perry and Richard Rossander of Eastland,TX
Its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf, during the period
beginning with=the date of issuance of-the power:-Any and all bonds, undertakings, recognizances or other written obligations in the
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nature thereof on behalf of Eagle Construction=8 EAvirontnental Services LPI,as-principat,�__not to exceed_"$5,600,000 in any single
�. instance;-': -
h and to bind AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY thereby, and all of the acts of=said Attomey(s)-in Fact,
pursuant to these presents are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by the
.. authority of the following By-Law duly adopted by the Board of Directors of the Company which By-Law has not been amended or
rescinded:
Section 2, Article Ill. "...The president or a vice president in a written instrument attested by a secretary or an assistant secretary
-may (a)appoint any_person Attarney�n Fact=with=authoritydo execute-surety bonds-on,behalf lzfrthe company and-other formal
`underwriting'contracts-in'refewice thereto_and-reinsurance_agreements-relating-to-individual policies and bonds-of-alf kinds and
attach the corporate seal...Any-such pfficers may-fevoke-thepowers granted to=a.ny Atforftey-in-Fact-
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Rpsolution adopted by the Board of
Directors of the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY at a meeting duly called and held on the 25th day of
March 1992:
"RESOLVED, that the signature of the president or a vice president and the attesting signature of a secretary or an assistant
_secretary and the seal ofthe=company may be affixed byfacsimile-on anypower of Attorney granted pursuant#a=Section 2 of
-article Ill of the.By-Laws,and the signaturi_ofa-secretary or an assistant--secretary and Wo.,seal of the company maybe affixed by
_- _ - - - - -
facsimile to any certificate of any-such-power:. Any succi power Drury cartificate thereof bearingsuch facsiruite signature ar rd seal
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`shall be valid and binding-on the company. Furthermore, any such-power so-executed-and sealed=and ce-ttified-by certificate so
executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the
company."
IN WITNESS WHEREOF, the AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY has caused these presents to be
executed in its name-and on its behalf and its Corporate Seal to be hereunto affixed and attested by its officers thereunto_duly authorized,
the 31stday of9ecember2007:
WARNING:This P6;weer of-P&_rney is printed tsn paper-that deters unauthorized copyirf rfaxing;-
- —=AMERICAN GUARAN=TEE AND-LIABILITY-INSURANCE COMPMY--- _
ire
iff f
STATE 0F=1LuNW -David i4_Bowers - Donald Hurzeler
' colNry of COOK _ Secretary - =- - - ExecuUire Vice President
OnAhIS 31st day of.D-ecemberA.D., 29_0.1, beforethe subscriber,-a Notary-fblic of_the Stat"rid County aforesaid, duty NotaryPublic
,.� commissioned and-qualified, came the above named vice president and secretaryof the AMERICAN GUARANTEE AND LIABILITY
INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same and, being by me duly sworn, they severally and each for himself
deposed and said that they respectively hold the offices in said Corporation as indicated, that the Seal affixed to the preceding instrument
is the Corporate Seal-,of said Corporation, and that the said Corporate Seal, and their signature as such officers, were duly affixed and
subscribed to the said=nstrumenfpursuant to-all due corporate authoriza#ion.-
IN WITNESS WHEREOF,I hove hereunto set.rny-hand arid-affixeo�iy Officia-Seal ttie day a__nct-Rar first above written.
Oi i l(:1ALSiinl." v Il�lJui.vti. C � �- _
)auric A.VJ1110
t�r�asuacotnrcwk
Nil FAM Notary Public
My Commission Expires 08/22/03
This Plower of Attomeylimits the-acts of thownaremed#herein to the=bonds ancfandertakings-specifically-pamedthereiin, and they have no
_- - _ =
apithority to bind the Company except inthe manner and to tike-extent her_ein_stated.
I, the undersigned, a secretary of the AMERICAN GUARANTEE AND LIABILITY INSURANCE CJRryPANY, do hereLy certify that the
Power of Attorney hereinabove set forth is still in full force and effect, and further certify that Section 2 of article III of the By-Laws of the
Company and the Resolution of the Board of Directors set forth in said Power of Attorney are still in force. !n,:).-timony whereof I have
" hereunto subscribed my name and affixed the seal of the said Company the 19th day of August, 2003
. -
Dav1.Sowers
Secretary Serial number:88789789808132003152746