HomeMy WebLinkAboutPR 13061: GARNER ENVIRINTER
,. MEMO
TO: Mayor, City Council & City Manager
From: Mark T. Sokolow, City Attorney /~ ~
Subject: P. R. No. 13061 Council, Meeting March 29, 2005
Date: March 17, 2005
Attached is P.R. No. 13061 authorizing the City Manager to
execute a Master Service Agreement with Garner Environmental
Services, Inc. This was tabled at the last meeting.
MTS/bp
Attachment
cc: Chief of Police
Director of Public Works
Director of Community Services
Director of Utility Operations
z .pr13061 ,memo
P. R. No. 13061
03/17/05 ts
RESOLUTION NO.
A RESOLUTION AUTHORIZIN~ THE CITY MANAGER TO
EXECUTE A MASTER SERVICE A~REEMENT WITH
~ARNER ENVIRONMENTAL SERVICES, INC.
WHEREAS, Garner Environmental Services, Inc. is engaged in
the business of providing emergency environmental, disaster, and
logistical response services; and,
WHEREAS, Garner Environmental Services, Inc. operates
twenty-four (24) hours per day, seven (7) days per week to render
emergency response services which may be required in the event of
various types of emergencies such as, natural disasters and
accidents involving hazardous materials or chemicals; and
WHEREAS, the City operates or assumes responsibility for
facilities, functions, and activities that require compliance
with federal, state, and local environmental and regulatory laws
associated with natural disasters and other emergency
occurrences; and,
WHEREAS, Garner Environmental Services, Inc. can furnish the
emergency response services needed to fulfill the City's
environmental and regulatory obligations along with the provision
of emergency response services; and,
WHEREAS, it is deemed in the best interests of the citizens
to enter into a contract with Garner Environmental Services, Inc.
z.pr13061
for emergency same day environmental, disaster, and logistical
response services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinion in the preamble
are true and correct.
Section 2. That the City Manager is hereby authorized to
enter into a twelve (12) month contract, which shall be
automatically renewable on a yearly basis, with Garner
Environmental Services, Inc. for the provision of emergency
environmental and/or disaster and/or logistical response services
as delineated in Exhibit "A", attached hereto. Pursuant to
Section 5, Article XIV of the City Charter, this agreement shall
not exceed two (2) years in duration without additional
authorization of the City Council.
Section 3. That Garner Environmental Services shall sign
this Resolution agreeing to the terms hereof.
Section 4. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED Ah'D APPROVED this __ day of ,
A.D., 2005 at a Special Joint Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote:
AYES: Mayor ; City Council
z .pr13061
Noes:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION
City Manager
AGREED TO
GARNER ENVIRONMENTAL SERVICES, INC.
BY:
z .pr13061
EXHIBIT "A"
z.pr13061
THIS AGREEMENT is made and entered into this day of ,2005, by and between
the City of Port Arthur, Texas, a Texas municipality, and with a place of business located at 645 4th
Street, Port Arthur, Texas 77641 (hereinafter "CITY"), and GARNER ENVIRONMENTAL SERVICES,
INC., a Texas corporation, whose principal office and mailing address is 1717 W. 13th Street, Deer Park,
Texas 77536 (hereinafter "CONTRACTOR"). CITY and CONTRACTOR shall collectively be referred to
herein as the "Parties".
WHEREAS, CONTRACTOR is engaged in the business of providing emergency environmental and/or
disaster and/or logistical response services and is capable of rendering emergency response services up
to and including "worst case" scenario as defined by the Oil Pollution Act of 1990 (hereinafter "OPA") to
any CITY facility as identified by CITY as requiring the immediate services of CONTRACTOR;
WHEREAS, CITY owns and operates or has owned or operated or has otherwise assumed responsibility
for facilities, functions, and activities that require compliance with federal, state, and local environmental
and regulatory requirements; and
WHEREAS, CONTRACTOR can provide response services relating to such environmental and regulatory
obligations and is willing to perform such services for CITY and its affiliates at all locations. "Affiliates"
shall mean any corporation, partnership, joint venture, division or other legal entity, directly or indirectly,
through one or more intermediaries, controlling, controlled by, or under common control with CITY,
whether foreign or domestic. "CITY" as referred to herein shall include CITY'S affiliates.
NOW THEREFORE, in consideration of these premises and the mutual covenants contained
herein, the Parties agree as follows:
ARTICLE 1. SCOPE OF SERVICE
CONTRACTOR shall use its best efforts, on an as needed as available basis, subject to circumstances
then existing, to provide to CITY, upon CITY'S request, emergency same-day environmental and/or
disaster and/or logistical response services that may include but are not limited to containment, removal,
neutralization, decontamination, recovery, cleanup, repackaging, transportation, confined space rescue,
remediation and, in certain instances, disposal services relating to hazardous and/or non-hazardous
materials and/or substances and/or wastes. "Waste" or "wastes" as used herein shall include hazardous
materials and non-hazardous materials or substances. As used herein, the "services", the ''Work" or the
"subject of the Work" shall mean and/or include any substance and/or material and/or waste, whether
hazardous or not, of whatever nature, to be removed or handled by CONTRACTOR as part of the
services or Work for CITY and/or existing on CITY'S premises, property or the Worksite prior to or at the
time of request for Work and/or at the time of performance of Work by CONTRACTOR.
1.1. CONTRACTOR operates a (24) hour-per-day, (7) seven-days-per-week emergency response
service telephone line at 1.800.424.1716. Branch office numbers closest to particular CITY
locations will be furnished to CITY as part and parcel of this agreement or CITY may call
281.930.1200 to obtain specific or local branch office numbers. The CITY'S representative
making the call shall furnish to CONTRACTOR the name and title of the caller, the location of the
site needing emergency response services (hereinafter referred to as the "Site" and/or
''Worksite"), the hazardous and/or non-hazardous materials involved and other relevant facts
relating to the situation in order that CONTRACTOR may use due diligence to mobilize the
necessary personnel and equipment subject to the conditions of availability and necessity.
Ref. 05/14/04 1 R. ev-3-02/I 9/04
Pet'. 01/06/05 GES-38
1.2. The Part/es recognize that, at the commencement of the Work in accordance with this
Agreement, the scope thereof may not be well defined. The Parties agree that, at the
commencement of the Work and at frequent intervals, their respective representatives shall
consult with each other to review and define the scope of the work to be performed and outline
strategies and approaches to such Work. CITY and CONTRACTOR shall each designate a
representative who will be authorized to act with respect to the Work. Regarding the Work:
a. The Parties hereby acknowledge that, on occasion, CITY personnel may authorize
services and/or Work to be performed by CONTRACTOR based on an oral order, which
may or may not be confirmed with a written purchase order, service order or work
authorization. The Parties hereby agree that on those occasions it is the Parties' intent
that CONTRACTOR respond based upon such oral order and that CITY be bound by the
terms and conditions of this Agreement, which shall apply in all respects to the services
or Work performed by CONTRACTOR;
b. To the extent practicable, CITY shall promptly issue to CONTRACTOR a purchase order
describing the scope of the Work to be performed and the names of the designated
representatives for CITY and CONTRACTOR. In the event of a conflict between the
terms of such pumhase order and the terms of this Agreement, the terms of this
Agreement shall prevail; and
c. If the Parties later agree to modify materially the scope of the Work or the strategies or
approaches thereto, they shall, within (7) seven calendar days of such modification, sign
a written amendment to the purchase order issued.
1.3. CONTRACTOR undertakes to obtain and maintain any authorizations, classification and/or
certification required by applicable federal, state, and/or local laws, regulations and ordinances
and to give notice to CITY should such authorization, classification and/or certification terminate.
1.4. The following exhibits, regardless of whether they are physically attached hereto, are part of this
Agreement and are hereby incorporated herein in the form that is current at the time Work is
actually performed: A. CONTRACTOR'S current Domestic Response Rate Schedule; B.
Insurance Requirements; C. If CITY is subject to OPA, CONTRACTOR'S "OPA" Packet (tier level
response sheet / letter of intent / Discharge Cleanup Organization Certificate/Oil Spill Removal
Organizations classification / equipment and personnel list); D. If applicable by reason of CITY
request for international response services, CONTRACTOR'S current International Response
Rate Schedule; and E. If applicable by reason of CITY request for disaster, including natural
disaster, response services, CONTRACTOR'S current Disaster Response Rate Schedule.
1.5. ' This is a nonexclusive agreement and the City retains the authority to retain other companies to
perform similar work.
ARTICLE 2, RESPONSIBILITIES OF CONTRACTOR
2.1. CONTRACTOR shall provide trained and competent personnel, and the appropriate skilled
supervision, labor, materials, tools, equipment, personal protective equipment (hereinafter
"PPE"), and subcontracted items where necessary and/or as requested for the performance and
completion of the Work. CONTRACTOR recognizes that time is of the essence in the
performance of the Work and shall proceed with its best efforts under the circumstances then
existing subject to conditions of availability and necessity.
2.2. CONTRACTOR shall take necessary precautions for safety of its employees and shall comply
with all applicable provisions of federal, state, and local safety and health laws, rules, and
regulations and, while on CITY premises, shall abide by all of CITY'S rules that are provided by
CITY and further shall erect and properly maintain, as required by the conditions and progress of
Ref. 05/14/04 2 Rev-3-02/19/04
Re£ 01/06/05 GES-38
the Work, necessary safeguards for the protection of its employees and shall require all
subcontractors hired or supervised by it to implement such safeguards and to comply in the same
manner.
2.3. If requested by CITY, CONTRACTOR will endeavor to assist CITY in obtaining the proper and
necessary permits for the Work, subject to on-site conditions and/or applicable rules and
regulations; however, CONTRACTOR shall in no way be obligated to satisfy any local, state or
federal regulatory reporting requirements that may apply. All required environmental clean-up
permits shall be issued in CITY'S name.
ARTICLE 3. RESPONSIBILITIES OF CITY
3.1. CITY shall furnish to CONTRACTOR information on the Worksite concerning physical
characteristics, soil reports, subsurface investigations, utility and easement locations, and other
similar reports or documents reasonably needed by CONTRACTOR to perform the Work. Where
necessary, CITY shall furnish information on any body of water or shoreline affected, including
charts and maps.
3.2. CITY shall ensure that it is in possession of CONTRACTOR'S current applicable Response Rate
Schedule in effect at the time CITY requests CONTRACTOR'S services.
3.3. Whether or not CiTY owns or operates the Worksite, CiTY shall, prior to commencement of the
Work, arrange for, provide for and ensure lawful access to the Worksite by CONTRACTOR, its
employees and subcontractors and their vehicles and equipment.
3.4. CITY shall furnish to CONTRACTOR copies of Material Safety Data Sheets (MSDSs) for all
known hazardous and/or non-hazardous materials to be cleaned up at the Worksite.
ARTICLE 4. COMPENSATION
4.1. Compensation which shall be payable by CITY to CONTRACTOR shall cover and include all
overhead, superintendents, labor, use of equipment furnished, and all other cost and expense
incurred by CONTRACTOR in the performance of said Work whether or not specifically
enumerated in CONTRACTOR'S then current rate schedule(s). CITY shall compensate
CONTRACTOR for the Work performed for CITY pursuant to this Agreement on a time and
materials basis as follows:
a. For work performed domestically, in accordance with CONTRACTOR'S then current
Response Rate Schedule at the time the Work is performed (Exhibit "A");
b. For work performed outside the United States, in accordance with CONTRACTOR'S then
current International Rate Schedule at the time the Work is performed (Exhibit "D"); and
c. For work performed in connection with disasters including natural disasters, in
accordance with CONTRACTOR'S then current Disaster Response Rate Schedule
(Exhibit "E").
4.2. It is expressly acknowledged and agreed upon by and between the Parties that the rates, terms
and conditions set forth within CONTRACTOR'S applicable response rate schedule, in their
current form at the time Work is actually performed, are incorporated herein for all purposes as if
fully copied at length, are part and pamel of this Agreement, and may not be modified except in
writing signed by both parties.
4.3. CONTRACTOR shall submit weekly invoices to CITY for the Work performed pursuant to the oral
request and/or purchase order issued in accordance with Article 1 herein setting forth the total
amounts due in accordance with the applicable, then current Response Rate Schedule at the
time Work is performed for labor, materials, equipment, subcontract services and other services
Ref. 05/14/04 3 Rev-3-02/19/04
Ref. 01/06/05 GES-38
utilized or incurred in performance of the Work, less such previous payments as have been
received for such Work.
4.4. CITY agrees to pay all amounts due under this Agreement in United States Dollars (US $) within
fifteen ('15) days of being invoiced. The balance of any invoice not timely paid will accrue a
finance charge computed at the periodic rate of twelve pement (12%) per annum. In addition, if
the invoice is not paid, the City will pay all reasonable attorneys fees and court costs.
4.5. All services provided to date by CONTRACTOR to CITY and/or its affiliates are subject to the
terms of this Agreement and are to be ratified in accordance with this Agreement. CITY agrees to
make timely payment without regard to whether CITY or CITY'S affiliates may be entitled to
reimbursement from an entity or person not a pady to this agreement including but not limited to
CITY'S insurance carrier.
4.6. Should CITY request by telephone or in writing CONTRACTOR'S services and, acting on this
request, CONTRACTOR mobilizes its equipment and personnel yet CITY subsequently
terminates this request before services are performed, then CITY is obligated to, shall be
responsible for, and shall pay for those equipment and personnel charges on a portal-to-portal
basis in accordance with CONTRACTOR'S applicable then current Response Rate Schedule at
that time.
4.7. All payments shall be made by CITY to Garner Environmental Services, Inc. at 1717 W. 13th
Street, Deer Park, Texas 77536.
4.8. CONTRACTOR reserves the right to require a retainer in an amount to be determined during the
initial response, or at any time subsequent to commencement of operations and, in its discretion,
may suspend operations until such retainer has been provided.
ARTICLE 5. INDEPENDENT CONTRACTOR
CONTRACTOR is and shall be, in the performance of all Work, services, and activities under this
Agreement, an independent contractor and not an employee, agent, or servant of CITY. All persons
engaged by CONTRACTOR to perform the Work, services, or activities described herein shall, at all times
and in all places, be subject to the sole direction, supervision, and control of CONTRACTOR. The
relationship between CITY and CONTRACTOR (including CONTRACTOR'S employees) shall be in all
respects an independent contractor relationship and not an employer/employee or principal/agent
relationship.
ARTICLE 6, FORCE MAJEURE
· If due to Force Majeure either Party hereto is rendered unable, in whole or in part, to carry out its
obligations under this Agreement, save and except for CITY'S obligation to make timely payments for
services or Work performed, upon such Party giving written notice including full particulars of such force
majeure to the other Party immediately after the occurrence of the cause relied on, then the obligation of
that party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of any inability so caused, but for no longer period and such cause shall, as far as possible,
be remedied with all reasonable dispatch. The term *Force Majeure" as employed herein, shall mean
acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemies, wars,
blockades, insurrections, dots, epidemics, landslides, lightning, earthquakes, fires, storms, floods,
washouts, arrests and restraints of rulers and people, civil disturbances, explosions, inability with
reasonable diligence to obtain materials and any other causes not within the reasonable contrei of the
Party claiming a suspension which by the exercise of due diligence such Party shall not have been able
to avoid or overcome. In no event, however, shall the foregoing limit the rights of the CITY or
CONTRACTOR to terminate this Agreement or the Work as otherwise provided herein.
Reft 05/14/04 4 Rev-3-02/19/04
Ref. 01/06/05 GES-38
ARTICLr: 7. IHD~MNIPlCATIOH
7.1. CONTRACTOR shall be liable for its own acts, omissions and representations as to whether it
provided environmental and/or disaster and/or logistical responses services that may include but
not be limited to containment, removal, neutralization, decontamination, recovery, cleanup,
repackaging, transporting, confined space rescue, remediation, and in certain instances, disposal
services relating to hazardous and/or non-hazardous materials and/or substances and/or wastes
in accordance with industry standards.
7.2. CITY shall be liable for its own acts, omissions and representations as to its participation as a
generator or owner of land that has hazardous or non-hazardous waste.
7.3. Each party shall indemnify, hold harmless and defend the other party for a breach of its
obligations in this agreement.
7.4. CONTRACTOR shall maintain insurance as delineated in the attachment.
ARTICLE 8. TITLE
8.1. CITY agrees that title to contaminated waste materials resulting from the cleanup and/or services
provided in connection with the subject of the Work will not be transferred to CONTRACTOR.
8.2. CITY understands that CITY may arrange for another entity to provide transportation and/or
disposal services. In the event CITY requests and authorizes CONTRACTOR to assist with
transportation and/or disposal of waste, CITY acknowledges and agrees that CITY is the
responsible party for the generation and existence of all hazardous and/or non-hazardous
material and/or waste.
8.3. In the event that CITY requests CONTRACTOR'S assistance in meeting CITY'S obligations as
set forth herein, CONTRACTOR as requested by CITY may (i) collect samples and perform
analytical testing to assist CITY in the characterization of waste for the purpose of CITY'S
manifest; (ii) identify a number of potential transporters and disposal facilities from which CITY
may select in accomplishing the transportation and disposal of collected waste; and (iii) draft the
technical provisions of contracts or purchase orders and prepare manifests implementing CITY'S
selection of a transporter and/or disposal facility for review and execution solely by CITY.
8.4. Notwithstanding CONTRACTOR'S assistance which may be rendered to CITY as set forth above,
CITY acknowledges and agrees that CITY shall be solely responsible for the storage handling,
transportation, treatment, processing, and disposal of any wastes, pollutants, or contaminants
that are the subject of this Agreement and for full compliance with provisions of the Resource
Conservation and Recovery Act, as amended, the Comprehensive Environmental Response,
Compensation and Liability Act, as amended, the Toxic Substances Control Act, as amended and
all other applicable federal, state, or local laws, statutes, or regulations governing the treatment,
transportation, storage, or disposal of waste material.
8.5. CITY and CONTRACTOR agree that CONTRACTOR is not and shall not be considered (i) the
owner of material, substances, or wastes noted in the Scope of Work; (ii) the operator of a waste
management facility; (iii) the generator, storer, or disposer of hazardous or solid waste; and (iv) to
have arranged for the transportation, disposal of any wastes, pollutants, or contaminants by virtue
of the performance of this Contract or anything contained herein, as those terms are used in the
Resource Conservation and Recovery Act, as amended; the Comprehensive Environmental
Response, Compensation and Liability Act, as amended; the Toxic Substances Control Act, as
Ref. 05/14/04 5 Rev-3-02/I 9/04
Ref. 01/06/05 GES-38
amended, or any other fedarai or state s~atuta or reou~m~ion governing the tre.2,trn~n[
transportation, storage, or disposal of materials or wastes.
ARTICLE 9. TERM OF AGREEMENT
The initial term of this Agreement shall be (12) hvelve months after the date of execution by all parties.
Thereafter, this Agreement shell be renewed for successive (1) one year terms unless either Party hereto
provides written notice to the other Par~ at least (30) thirty days prior to the expiration date of the
Agreement that they do not wish to have the Agreement renewed. Otherwise, either Party hereto may
terminate this Agreement only for cause end after a failure to cure such cause within (10) ten calendar
days after written notice. '"Cause~ if asserted by CONTRACTOR means a failure of CITY to make
payment of an invoice timely or actions or demands of CITY that impair CONTRACTOR'S professional
obligations. '"Cause" if asserted by CITY means a failure of the CONTRACTOR to perform timely
services or any other material breach of this Agreement. CITY shall pay CONTRACTOR any unpaid
expenses or fees incurred prior to notification of termination in accordance with Article 4. All rights and
obligations of the parties arising pursuant to this agreement prior to termination shall remain enforceable.
ARTICLE 10. MISCELLANEOUS PROVI$1ON$
10.1. All headings herein are for convenience only and are in no way to be construed as part of this
Agreement or as a limitation of the scope of the particular paragraphs to which they refer. The
use of pronouns shall not affect the substance herein.
10.2. The covenants and agreements contained herein shall apply to, inure to the benefit of, and be
binding upon the Parties hereto and upon their respective subsidiaries, affiliates, successors, and
assigns. This Agreement shall not be interpreted or deemed to confer rights or benefits on
persons not a party hereto.
10.3. If any provision of this Agreement is determined or declared by a court of competent jurisdiction
to be invalid or otherwise unenforceable, all remaining provisions of the Agreement shall remain
in full force and effect.
10.4. All parties agree that the validity, interpretation and performance of this agreement and contents
thereof are to be interpreted and enforced pursuant to the law of the State of Texas.
10.5. No waiver by either Party of any default by the other Party in the performance of any provision of
this Agreement shall operate as or be construed or deemed to be a waiver of any future default,
whether alike or different in character.
10.6. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one (1) and the same instrument.
10.7. This instrument together with all documents described herein constitutes and expresses the
entire agreement and understanding between CITY and CONTRACTOR, and any modification
hereto must be made in writing and agreed to by both Parties; provided, however, that the scope
of a particular job and the designation of representatives may be defined, amended, and modified
as set forth herein.
Ref. 05/14/04 6 Rev-3-02/19/04
Ref. 01/06/05 GES-38
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first
above written.
GARNER ENVIRONMENTAL SERVICES, INC, CITY OF PORT ARTHUR
OTiS CHAMBERS (Typed/Printed Name)
Title: EXECUTIVE VICE-PRESIDENT Title:
Date: / //~/~' Date:
Re£ 05/14/04 7 Rev-3-02/19/04
Ref. 01/06/05 GES-38
EXHIBIT "A"
TO THE AGREEMENT
M~r 10 OS 05:03p GARNER - LEGAL DEPARTMENT ~8!
GARNER ENVIRONMENTAL SERVICES, INC.
1717 West 13~ Street
Deer Park, Texas 77536
(281) 930-1200
(800) 424-1716
DISASTER RESPONSE RATE SCHEDULE
DOMESTIC
For Government Agencies ONLY
Mar 10 05 OS:04p GARNER LEGAL DEPARTMENT 281 4?9 0283
Corporate Disaster Response Rate Schedule Schedule
Domestic
Rev. 04/03
Operations For Govel'nmen! Agencies ONLY
Tables of Contents
Automotive Equipment ........................................................................................................................ ii
Equipment Decontamination / Washout ........................................................................................................
Haz-Mat Rates ............................................................................................................................................. ii
Insurance ....................................................................................................................................................... ii
Personner ii
Replacement or Damaged or Contaminated Equipment ...............................................................................
Roll-Off Boxes .............................................................................................................................................. ii
Subcontract Services ............................................................................................................................. iii
Taxes ......................................................................................................................................................... iii
Place of Performance ................................................................................................................................ iii
Terms ........................................................................................................................................................... iii
Travel, Lodging and Per Diem ...................................................................................................................... iii
EQUIPMENT
Generators, Light Towers ...................................................................................................... 1
Purnps, Hoses, Fittings ..................................................................................................... 3
Miscellaneous (Tents, Modular Units, Etc,) 4
Water & Ice .............. 4
Coolers & Freezers ......................................................................................................... 4
Heavy Equipment ........................................................................................................ 5
Chillers, Warmers, Air Handling Equip .................................................................................. 6
Field Catering Equipment 7
Personnel 8
Transportation & Other 9
Field Invoice S~mmary 10
-i-
Mar 10 05 OS:04p GARNER LEGAL DEPARTMENT 281 4?9 0293
Corporate Disaster Response Rate Schedule Schedule
Domestic
Operations For Government Agencies ONLY Rex'. 04/03
Automotive Equipment
Automotive Equipment Hourly Rates charges are portal to portal A four (4) hour minimum time will be charged on all cell-outs.
A mileage cha~e of $0.50 per mile after the first 50 miles will be added for all automotive equipment, except far automobiles and
pick-up trucks which will have a mileage charge of $0.36 per mile added where applicable. A Fuel Surcharge of 15% of the houri/
Daily/¥Veekly Equipment/Vehicle rate will be charged on all Motorized Equipment.
Equipment Decontamination /Washout
Time and Material charges are portal to portal and will continue through decontamination and/or washout of any and all equipment
used on the job.
Haz-Mat Rates
Haz-Mat rates will be charged when the material being dealt with has a hazard rating of two or greater on the NFPA 704 labeling
system or hazardous material identifying system, or if e job requires the use of respiratory protection.
Insurance
The rates in this RATE SCHEDULE include insurance coverage for Worker's Compensation, General Liabilily, Pollution and
Automobile Liability. A Certificate of Insurance will be fo~vardod upon request. These rates do not include work performed under
the U.S. Longshoremea's and Harbor Workers Act (33 USC s.~ 901-950). For work performed under this statute, an additional
69% surcharge per $100.00 of wages will be assessed on !abet only.
Personnel
Experienced consulting, supervisory, technical instructor and equipment operating personnel are available for complete
emergency spill response and spill cleanup operations and vacuum service, 24 hours a day, 7 days a week. Non'nal hours of
operation are from 0730 (7:30 a,m.) through 1600 (4:00 p,m.) daily, Monday through Friday.
All labor charges will be in accordance with Garner Environmental Services, Inc. service receipts. Charges for personnel are
portal-to-pedal. Garner Environmental Services, Inc, will invoice for personnel and tho time required to mobilize, service, repair,
and restock all vehicles and equipment used in the performance of tile services for customer. Overtime for personnel will be
charged at time and a half between t 600 (4:00 pm) through 0730 (7:30 am) Monday through Thursday; weekends from 1600 (4:00
p.m,) Friday through 0730 (7:30 am) Monday. DOUBLE TIME RATES will be charged for all National Holidays. 4-Hour
Minimum Service Charge On All Labor Call-Outs,
In the erect Garner Environmental Services, Ina, responds to a request from a governmental agency and/or third party and/or
Customer and/or on behalf of Customer for record gathering and/or litigation support services, including but nut limited to testifying
at any proceeding, deposition, hearing or trial and whether during the performance of services or any time after, Customer hereby
agrees to end will pay to GESI, in accordance with the payment terms heroin, the charges for the persounei provided and/or
requested and/or required in the amount corresponding lo the personnel designation in this rate sheet and will further reimburse.
GESI for reasonable expenses incurred as a result including for transportation, parking and/or lodging, if necessary.
Replacement of Damaged or Contaminated Equipment
if, during pedormance of a service and/er services for a customer, equipment and/or material sustain damage which renders the
equipment ~ndh~r material beyond repair or renders decontamination impossib[e, said equi~meet and/or material will bo subJeCt to
a replacement charge at Garner Environmental Services, Inc.'s cost plus 15% unless said damage was sustained as a result of
misuse by Garner Environmental Services, Inc, personnel.
Roll-Off Boxes
Roll-Off Box delivery and pickup charges vary according to the distance from the site loc. at[on. The cost for mil-off box liners is
$50.00 each. Box Liners are not mandatory, but if the Roll-Off Box requires cluaning at the end of the rental period, the customer
will incur the cleaning charges.
Nar lO 05 05:04p GARNER - LEGAL DEPARTNENT 28! 4?9 0283
Cot'porate Diaaste£ Response Rate Schedule Schedule
Domestic
Operations Rev. 04/03
For Governmen! Agencies ONLY
Subcontract Services / Third-Party Services
When Garner Environmental Services, Inc.'s equipment is available, Garner Environmental Services, lac will use and bill
Customer for said equipment at rates published in the rate schedule. For any item that is identified on Garner Environmental
Services, Inc.'s rate s heel and which Garner acquires through or from a third party vendor or supplier, Customer will pay to Garner
Environmental Services, Inc. the higher of Garner Environmental Services, I~c.'s rate or Garner Environmental Services, Inc.'s
cost pies e 15% handling charge.
A 15°,',, handling charge will apply aad be invoiced for all shipping and transportation of equipment, materials and goods regardless
of whether sl~ch equipment, materials and goods appear on Garner Environmental Services, Inc.'s rate schedule. In addition, for
all items not listed on Garner Environmental Services, Inc.'s rate schedule, including but not limited to personnel, equipment,
materials and goods, laboratory services, testing services, damage waivers and/or other services, said items will be billed at
Garner Environmental Services, Inc.'s cost plus a 15% handling charge.
Cost, as used herein, is defined as the amount invoiced tO Garner Environmental Services, Inc. by a t~ird-party supplier of material
and/or goods and/or material and/or labor and/er equipment and/or services.
Taxes
Al! domestic federal, state and municipal taxes, except income taxes and ad-valorem taxes, now and hereinafter imposed with
respect to services rendered, to rental equipment, to the processing, manufacture, repair, and to the delivery and transportation of
equipment and supplies will be added to and bec, me part of the total price payable by the Customer. If a Customer claims an
exemption fram payment of Sales and Use Tax, tee Customer will be requlrod to render an Exemption Ce~ffficate or a Resale
Cediticale to Garaer Environmental Services, Inc. for said exemption to apply lo the services rendered. If for any reason the
services rendered result in the assessment of foreign income taxes, exdse taxes, or other fees alleged as owing to a foreign state
or government, the Customer will pay directly tho amount of any assessment or fee. In the event Company pays any such foreign
tax or fee directly, Customer will promptly reimburse Company for same.
Terms
The term of payment lot all invoices is Net Payment Due Immediately Upon Receipt of invoice in United States Dollar~ (US $).
T~e balance of any invoice not timely paid will accrue a finance charge computed at the periodic rate of one and one-half percent
(~ .5%) per month (18% per annum) beginning on the first day of the tirst maeih following any delinquency. Customer is obligated
to make payment to Garner Environmental Services, lac. at its principal office at 1717 West 13th Street, Deer Park, TX 77536 in
I ~arris County, Texas.
Place of Performance
The procurement of Garner Envilonmental Services, Inc.'s services may not be in the same county as the work site alee.
Customer is obligated to make payment to Garner Environmental Services, Inc. in Harris County, Texas for services provided.
Because this agreement has been procured in Harris County, Texas and is being managed and administered from Garner
Environmental Services, Inc/s central office in Harris County, Texas, this agreement is being pedormed in Harris County, Texas
The validity, interpretation end performance of the services and payment end tho contents herein are to be interpreted and
enforced pursuant to the laws of the State of Texas and any suit in connection herewith will be filed in Harris County, Texas.
Travel, Lodging and Per Diem
For ali employees who do not reside in the local commuting area for the work site, Garner Environmnntal Services, Jnc, will be
reimbursed for costs incurred for employee travel to and from the work site on the basis of Garner Environmental Services, Inc.'s
incurred costs 131us 15% handling charge for all commercial transportation. A minim um Per Diem charge of $90,00 per day for all
employees who do not reside in the local commutin.cj ~rea of the work site will be due for each day that such employee is present
~n the locale of file work site.
Mar 10 OS OS:04p GRRMER - LEGRL DEPRRTMEMT 281 4?9 0283 p.?
Mar 10 OS O5:OSp GARMER LEGAL DEPARTMEMT 28! 4?9 0283 p.8
Mar 10 05 05:05p GARNER LEGAL DEPARTMENT 281 4?9 0283
Har 10 05 05:06p GARHER LEGRL DEPRRTHEHT 281 4?9 0283
Mar 10 05 OS:06p GARMER LEGAL DEPARTMEMT 281 4?9 0283 p. 11
Mar lO 05 05:07p GARMER - LEGAL DEPARTMENT 281 4?9 0283
Map 10 OS OS:08p GRRNER LEGRL DEPRRTMEMT 281 479 0283 p.13
Maw 10 OS 05:08p GARMER LEGAL DEPARTMEMT 281 4?9 0~83 p. 14
MaT 10 OS OS:09p GARNER LEGAL DEPARTMENT 281 4?9 0283 p.15
Har ]0 05 05:09p GARNER LEGAL DEPARTMENT 28] 499 0283