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SPECIFICATIONS AND CONTRACT DOCUMENTS
� UNDERGROUND STORAGE
� TANK REMOVAL AT
� MEACHAM AIRPORTcITY SECRETA b
ONTRACT N
IN C
THE CITY OF FORT WORTH
CITY OF FORT WORTH , TEXAS
OFFICE OF THE CITY MANAGER
OFFICIAL RECORD
MARCH 19 CITY SECRETARY
1990 FT._WORTH, TE1L.
] DAVID A . IVORY BOB BOLEN
CITY MANAGER MAYOR
ENVIRONMENTAL MANAGERS, INC.
CONSULTANTS
J 2822 W. Lancaster v Fort Worth, Texas 76107
J
CITY OF FORT WORTH, TEXAS
CONSTRUCTION CONTRACT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the 25 day of
April , A.D. , 19 90 . by and between the CITY OF FORT WORTH,
a municipal corporation of Tarrant County, Texas , organized and
existing under and by virtue of a special charter adopted by the
qualified voters within said City on the 11th day of December,
A.D. 1924 , under the authority vested in said voters by the "Home
Rule" provision of the Constitution of Texas , and in accordance
with a resolution duly passed at a regular meeting of the City
Council of said city, and the City of Fort Worth being hereafter
termed Owner, and Tank Systems, Inc. being called
Contractor.
WITNESSETH: That said parties have agreed as follows :
1 .
That for and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by the Owner, and
under the conditions expressed in the performance and payment
bonds delivered herewith, the said Contractor as an independent
contractor agrees with the said Owner to commence and complete
the construction of certain improvements described as follows:
Removal, disposal and site clean-up of twelve underground fuel storage tanks at Meacham
Airport, City of Fort Worth, Tarrant County, Texas
2 .
That the work herein contemplated shall consist of
furnishing as an independent contractor all labor, tools ,
appliances and materials necessary for the construction and
completion of said project in accordance with the Plans and
Specifications and Contract Documents adopted by the City Council
of the City of Fort Worth, which Plans and Specifications and
Contract Documents are hereto attached and made a part of this
contract the same as if written herein.
3.
The Contractor hereby agrees and binds himself to commence
the construction of said work within ten (10) days after being
notified in writing to do so by the City Manager of the City of
Fort Worth.
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4 .
The Contractor hereby agrees to prosecute said work with
reasonable diligence after the commencement thereof and to fully
complete and finish the same ready for the inspection and
approval of the City Manager of the City of Fort Worth within a
period of 60 calendar days .
If the Contractor should fail to complete the work as set
forth in the Plans and Specifications and Contract Documents
within the time so stipulated, plus any additional time allowed
as provided in the General Conditions, there shall be deducted
from any monies due or which may thereafter become due him, the
sum of $ 937.60 per calendar day, not as a penalty but as
liquidated damages . Should the amount otherwise due the
Contractor be less than the amount of such ascertained and
liquidated damages , the Contractor and his Surety shall be liable
to the Owner for such deficiency.
Should the Contractor fail to begin the work herein provided
for within the time herein fixed or to carry on and complete the
same according to the true meaning of the intent and terms of
said Plans , Specifications and Contract Documents , then the Owner
shall have the right to take charge of and complete the work in
such a manner as it may deem proper, and if, in the completion
thereof , the cost to the said Plans and Specifications and
Contract Documents made a part hereof , the Contractor shall pay
said Owner on demand in writing, setting forth and specifying an
itemized statement of the total cost thereof, said excess cost.
5.
Contractor covenants and agrees to, and does hereby
' indemnify, hold harmless and defend Owner, its officers, agents ,
servants and employees , from and against any and all claims or
suits for property damage or loss and/or personal injury,
' including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in
conjunction with, directly or indirectly, the work and services
to be performed hereunder by Contractor, its officers, agents,
employees , contractors, subcontractors , licensees or invitees,
whether or not caused, in whole or in part, by alleged negligence
on the part of officers , agents , servants , employees ,
contractors , subcontractors , licensees and invitees of the Owner;
and said Contractor does hereby covenant and agree to assume all
liability and responsibility of Owner, its officers , agents ,
servants and employees for property damage or loss , and/or
personal injuries, including death, to any and all persons of
whatsoever kind or character, whether real or asserted, arising
out of or in connection with, directly or indirectly, the work
and services to be performed hereunder by Contractor, its
officers , agents , employees , contractors , licensees and invitees
whether or not caused, in whole or in part, by alleged negligence
of officers , agents , servants , employee contractors,
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subcontractors , licensees or invitees of the Owner . Contractor
likewise covenants and agrees to , and does hereby, indemnify and
hold harmless Owner from and against any and all injuries , loss
or damages to property of the Owner during the performance of any
of the terms and conditions of this Contract , whether arising out
of or in connection with or resulting from, in whole or in part ,
any and all alleged acts or omissions of officers , agents ,
servants , employees , contractors , subcontractors , licenses , or
invitees of the Owner.
In the event a written claim for damages against the
Contractor or its subcontractors remains unsettled at the time
all work on the project has been completed to the satisfaction of
the City Manager of Fort Worth, as evidenced by a final
inspection, final payment to the Contractor shall not be
recommended by the City Manager for a period of 30 days after the
' date of such final inspection, unless the Contractor shall submit
written evidence satisfactory to the City Manager that the claim
has been settled and a release has been obtained from the
claimant involved.
Although the claim concerned remains unsettled at the
expiration of the above 30-day period, the Contractor may be
deemed 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, and such semi-final payment may then be
recommended by the City Manager.
The City Manager shall not recommend final payment to a
Contractor against whom such 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:
(1) The claim has been settled and a release has been
obtained from the claimant involved, or
(2) Good faith efforts have been made to settle such
outstanding claims , and such good faith efforts have
failed.
If condition (1) above is met at any time within the six
month period, the City Manager shall recommend that the final
payment to the Contractor be made. If condition (2) above is met
at any time within the six month period, the City Manager may
II recommend that the final payment to the Contractor be made. At
the expiration of the six month period the City Manager may
I 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.
1 The City Manager may, if he deems it appropriate, refuse to
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accept bids on other City of Fort Worth Contract work from a
Contractor against whom a claim for damages is outstanding as a
result of work performed under a City contact .
6 .
The Contractor shall procure and shall maintain during the
life of this contract the following insurance coverages :
1 . Commercial General Liability (CGL) Policy -
$1 , 000, 000 per occurrence
$2 , 000. 000 annual aggregate
2 . Workers ' Compensation -
f a. Statutory Limits for Workers ' Compensation
b. Employer ' s Liability
$500 , 000 each accident/disease-policy limit/
disease-each employee
3. Automobile Liability -
a. Liability: Bodily Injury each person $250 , 000;
each accident $500 , 000
Property Damage each accident $100 , 000
(or equivalent, if coverage is written on a
combined single limit basis)
b. Medical Payments : each person $10 , 000
C . Personal Injury Protection (PIP) : each person
$2 , 500
d. Uninsured/Underinsured Motorist:
Bodily Injury each person $20 , 000
Bodily Injury each accident $40 , 000
Property Damage each accident $15, 000
The City of Fort Worth ' s Risk Manager is hereby authorized
to reduce the requirements set forth above in the event he
' determines that such reduction is in the City ' s best
interest.
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 the Risk Manager of The City of Fort Worth. Each
insurance policy required by this agreement shall contain
the following clauses :
"This insurance shall not be cancelled, limited in
scope or coverage, or non-renewed until after thirty
(30) days prior written notice has been given to the
Risk Manager, City of Fort Worth 1000 Throckmorton,
Fort Worth, Texas 76102. "
Each insurance policy required by this contract, except for
policies for Workers ' compensation, shall contain the
following clause:
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"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. "
Prior to commencing any work under this contract , the
Contractor shall deliver to the City of Fort Worth insurance
certificates confirming the existence of the insurance
required by this contract, and including applicable clauses
referenced above.
7 .
The Contractor agrees, on the execution of this Contract,
' and before beginning work, to make, execute and deliver to said
City of Fort Worth good and sufficient surety bonds for the
faithful performance of the terms and stipulations of the
Contract and for the payment to all claimants for labor and/or
materials furnished in the prosecution of the work , such bonds
being as provided and required in Article 5160 of the Revised
Civil Statutes of Texas , as amended, in the form included in the
Contract Documents, and such bonds shall be 100 percent of the
total contract price, and the said surety shall be a surety
company duly and legally authorized to do business in the State
of Texas and acceptable to the City Council of the City of Fort
Worth.
8 .
Said City agrees and binds itself to pay, and the said
Contractor agrees to receive, for all of the aforesaid work, and
I for all additions thereto or deductions therefrom, the price
shown on the proposal submitted by the successful bidder hereto
attached and made a part hereof . Payment will be made in monthly
' installments upon actual work completed by contractor and
accepted by the Owner and receipt of invoice from the Contractor.
The agreed upon total contract amount `=--' ••aj -- * 'P°"'„a;^^`
-4*e, =*per shall be two hundred seventy rha.3 l thousand seven hundred ninty
Dollars , ($ 270,790.00
9.
It is further agreed that the 'performance of this Contract,
either in whole or in part, shall not be sublet or assigned to
anyone else by said Contractor without the written consent of the
City Manager of said City of Fort Worth.
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10 .
The Contractor agrees to pay at least the minimum wage per
hour for all labor as the same is classified, promulgated and set
out by the City of Fort Worth, Texas , a copy of which is attached
hereto and made a part hereof the same as if it were copies
verbatim herein.
11 .
It is mutually agreed and understood that this agreement is
made and entered into by the parties hereto with reference to the
existing Charter and Ordinances of the City of Fort Worth and the
laws of the State of Texas with reference to and governing all
matters affecting this Contract , and the Contractor agrees to
fully comply with all the provisions of the same.
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IN WITNESS WHEREOF, the City of Fort Worth has caused this
instrument to be signed in five counterparts in its name
and on its behalf by the City Manager and attested by its
' Secretary, with the corporate seal of the City of Fort Worth
attached. The Contractor has executed this instrument through
its duly authorized officers in five counterparts
with its corporate seal moment -th-rough its ���T--� �►, a
�'or r } seal
attached
' Done in Fort Worth, Texas , this the day of
A.D. , 19 90. '
APPROVED: CITY OF FORT WORTH
BY. '--Zl'l�.i
CITY MANAGER
' ATTEST:
Tank Systems, Inc.
CONTRACTOR
;e
CITY SECRETARY
BY:—L"�'o
President
TITLE
(SEAL)
112 Ru Hand Drive #175 APPROVED AS TO FORM AND LEGALITY:
Austin, Texas 78758
' ADDRESS
' CITY ATTORNEY
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Cont act Auth riz on
Aa±e
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Bond #TX-465404 PERFORMANCE BOND
(Required if contract amount exceeds $25,000)
THE STATE OF TEXAS S
COUNTY OF TARRANT S
KNOW ALL MEN BY THESE PRESENTS: That we (1) Tank System, Inc.
a (2) Corporation of the State of Texas ,
hereinafter called Principal, and (3) Merchants Bonding (Mutual) ,
a corporation organized and existing under the laws of the State and fully
authorized to transact business in the State of Texas, as Surety, are held
' and firmly bound unto the City of Fort Worth, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of:
Two Hundred Seventy Thousand Seven Hundred Ninty
($ 270,790.00 ) 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,
dated the 25 day of April , A.D. 19 90 a copy of which is
' hereto attached and made a part hereof, for:
Removal, disposal, and site clean-up of twelve (12) underground fuel storage tanks
' 0 1 fuel tanks located at Texas Jet Tank Farm, Meacham Airport and One (1) waste
oil tank also at Meacham Airport, Fort Worth, Texas
designated as Project Number 043809-00 , a copy of which contract is
hereto attached, referred to, and made a part hereof as fully and to the
r ame extent as if copies at length herein, such project being hereinafter
eferred to as the "work."
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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 Owner
may incur in making good any default , then this obligation shall be void ;
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.
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 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 terms of the
contract or to the work or to the specifications.
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IN WITNESS WHEREOF, this instrument is executed in -s" counterparts
each one of which shall be deemed an original, this the 7th day of
May A.D. , 19 90 .
Tank Systems, Inc.
PRINC AL (4)
BY: —m ATTEST:
G
Ronald McCann, President
2112 Rutland Dr., No. 175
' (Principal) Secretary
Austin, Texas 78758
(Address)
( E 'L/6t P INCIP L)
Merchants Bonding C� Y (Mutual) Witness to Pri cipal
Surety
BY: ATTEST:
(Attorney-in-fact) (S) � 1JL� d
Robert D. Cave - f
(Sur ty) Secretary
P.O. Box 26720, Austin, TX 78755
(Address)
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(1) Correct name of Contractor. (S E A L OF SURETY)
(2) A Corporation, a Partnership or ( �� ` %��
an Individual , as case may be. L 1,em u
(3) Correct name of Surety. Witfiess as to Surety
(4) If Contractor is Partnership all
Partners should execute bond.
(5) A true copy of Power of Attorney P.O. Box 26720, Austin, TX 78755
shall be attached to bond by
Attorney-in-Fact. Address
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Y�
SPECIFICATIONS AND CONTRACT DOCUMENTS
UNDERGROUND STORAGE
TANK REMOVAL AT
MEACHAM AIRPORT
IN
THE CITY OF FORT WORTH
CITY OF FORT WORTHS TEXAS
OFFICE OF THE CITY MANAGER
mot,•,.:voa,o
NED K. BURLESON';
rF,`a , 37429 ,, ,;•-%
`'+yQy^diZLre a
t
DAVID A . IVORY BOB BOLEN
CITY MANAGER MAYOR
ENVIRONMENTAL MANAGERS, INC.
CONSULTANTS
2822 W. Lancaster - Fort Worth, Texas 76107
1
TABLE OF CONTENTS
ITEMS INCLUDED Page No.
Notice To Bidders ------------------------------ NTB-1 to NTB-2
Special Instructions --------------------------- SIB-1 to SIB-4
Form of Proposal -------------------------------- p-1 to P-4
Notice of Award and Notice to Proceed------------ P-5 to P-6
4 ---------------------
Vendor Compliance Statement VC-1
' List of Proposed Subcontractors ----------------- PL-1
List of Proposed Equipment Items ---------------- PL-2
Attachment A - City of Fort Worth Disadvantaged
Business Enterprise Policy
Form of Contract -------------------------------- C-1 to C-7
Performance Bond -------------------------------- C-8 to C-10
Payment Bond ------------------------------------ C-11 to C-13
Certificate of Insurance ------------------------ C-14 to C-15
Experience Record ------------------------------- C-16 to C-17
' General Conditions ------------------------------ GC-1 to GC-28
Special Provisions ------------------------------ Sp-1 to SP-18
' SPECIAL FORMS
Contractor Occupational Safety and Health
Certification ----------------------------------- SF-1
Certificate of Worker's Release Form ------------ SF-2
Tank Closure Material Disposal Form ------------ SF-4
Progress Payment Request ------------------------ SF-5
Bill of Sale and Indemnity Agreement ------------ SF-7
Prevailing Wage Rates --------------------------- WR-1
Weather Table ----------------------------------- WT-1
INDEX TO DRAWINGS
Meacham Airport Vicinity Map -------------------------- Exhibit A
Meacham Airport Project Location Map ------------------ Exhibit B
Texas Jet Tank Farm ----------------------------------- Exhibit C
Texas Jet Tank Farm
North Tank Farm --------------------------------------- Exhibit D
Texas Jet Tank Farm
Center (Abandoned) Tank Field ------------------------- Exhibit E
Texas Jet Tank Farm
South Tank Field -------------------------------------- Exhibit F
Waste Oil Tank
Meacham Airport --------------------------------------- Exhibit G
NOTICE TO BIDDERS
Sealed proposals for the furnishing of all labor , material and
equipment necessary for the following:
REMOVAL, DISPOSAL AND SITE CLEAN-UP
OF TWELVE (12) UNDERGROUND FUEL STORAGE TANKS
LOCATED AT MEACHAM AIRPORT,
FORT WORTH, TEXAS
PROJECT NO.
Addressed to Mr. David A. Ivory, City Manager of the City of Fort
Worth, Texas , will be received at the Purchasing Office of the
City of Fort Worth until :
' 1 : 30 p.m. , Thursday, April 19, 1990
and then opened and read aloud at 2 : 00 p.m. in the City Council
Chambers . Plans , Specifications and Contract Documents for this
project may be obtained at the City of Fort Worth Purchasing
Office , 1000 Throckmorton, Fort Worth, Texas . A twenty dollar
($20. 00) deposit is required for the first set of documents and
additional sets may be purchased on a non-refundable basis for
twenty dollars ($20 . 00) for each set. THE DEPOSIT WILL ONLY BE
REFUNDED IF THE PLANS AND SPECIFICATIONS ARE RETURNED INTACT,
VOID OF ANY MARKINGS, AND IN GOOD CONDITION. These documents
contain additional information for prospective bidders .
All bidders will be required to comply with provision 5159a of
"Vernon ' s Annotated Civil Statutes of the State of Texas" with
respect to the payment of prevailing wage rates . All bidders
must comply with City Ordinance 7278 as amended by City Ordinance
7400 (Fort Worth Code Sections 13-A-21 through 13-A-29)
prohibiting discrimination in employment practices .
' A pre-bid conference and site visit is scheduled for 10 : 30 a.m. ,
Thursday, April 5, 1990 @ the Department of Aviation Conference
Room, Main Terminal , Meacham Airport, Fort Worth, Texas .
No bid will be accepted from anyone not attending pre-bid
conference.
The major work on this project shall consist of the following:
1. Excavation, removal and disposal of :
- 4 12 , 000 gallon fuel underground storage tanks located in
south tank field of Texas Jet Tank Farm,
- 3 10 , 000 gallon and 1 12, 000 gallon fuel underground
storage tanks located in center tank field of Texas Jet
1 Tank Farm,
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NTB-1
- 2 10 , 000 gallon and 1 2 , 000 gallon ruel underground
storage tanks located in north tank field,
1 waste oil (unknown capacity) underground storage tank
not associated with Texas Jet ' s Tank Farm
2. Disposal of Contaminated Liquids and Contaminated Soils As
Necessary
3. Backfill Tank Excavations
4 . All other miscellaneous items of construction as outlined
in the Plans and Specification.
Bid security is required in accordance with Paragraph 1 of the
Special Instructions to Bidders .
AWARD OF CONTRACT. No bid which has been opened may be withdrawn
for a period of 56 days from date of bid opening.
rThe City reserves the right to reject any and/or all bids and
waive any and/or all irregularities.
The City of Fort Worth has goals for the participation of
disadvantaged business enterprises in City contracts . In order
for a bid to be considered responsive , the compliance statement
in Attachment "A" contained in the proposal must be completed;
failure to do so shall result in the proposal being non-
responsive.
' David A. Ivory
City Manager
Ruth Howard
City Secretary
ADVERTISING DATES:
Mcrch 29 1990
Aprils 1990 By.
_j� c HAY
Asst. to City Manager
NTB-2
SPECIAL
INSTRUCTIONS TO BIDDERS
1 . BID SECURITY: Cashier ' s check or an acceptable bidder 's bond
payable to the City of Fort Worth, in an amount of not less
than five (5) per cent of the largest possible total of the
bid submitted must accompany the bid, and is subject to
forfeit in the event the successful bidder fails to execute
the contract documents within ten (10) days after the
contract has been awarded. Failure to submit the Bid
Security will result in the proposal not being considered for
this project.
2. PAYMENT BOND AND PERFORMANCE BOND: The Contractor will be
required to make a payment bond and a performance bond of not
less than one hundred (100%) per cent of the contract price,
conditioned upon the faithful performance of the contract and
upon payment of all persons supplying the labor or furnishing
the materials used on this project.
3. SURETY FOR BID SECURITY AND BONDS: No sureties wll be
accepted by the Owner which are at the time in default or
delinquent on any bonds or which are interested in any
litigation against the owner. All bonds shall
be made on the forms furnished by the Owner and shall be
executed by an approved surety company doing business in the
City of Fort Worth, Texas, and which is acceptable to the
owner. In order to be acceptable, the name of the surety
shall be included on the current U. S. treasury list of
acceptable sureties , and the amount of the bond written by
any one acceptable company shall not exceed the amount shown
on the Treasury list for that company. Each bond shall be
properly executed by both the Contractor and Surety Company.
4. PRE-BID SITF INVESTIGATION: Prior to filing a bid, the
bidder shall examine the site of the work and the details of
the requirements set out in these specifications to satisfy
himself as to the conditions which will be encountered
relating to the character, quality, and quantity of the work
to be performed and materials and equipment required. The
filing of a bid by the bidder shall be considered evidence
that he has complied with these requirements.
The lands upon which the work is to be performed, rights-of-
way and easements for access thereto and other lands
designated for use by Contractor in performing the Work are
identified in the Contract Documents. All additional lands
and access thereto required for temporary construction
facilities or storage of materials and equipment shall be
provided by Contractor. Easements for permanent structures
or permanent changes in existing structures will be obtained
j and paid for by Owner unless otherwise provided in the
Contract Documents.
SIB-1
5 . AMBIGUITY: In case of ambiguity or lack of clearness in
stating the prices shown in the proposal , the City reserves
the right to adopt the most advantageous construction thereof
to the City or to reject the proposal.
6. WAGE RATES : Not less than the prevailing wage rates
established by the City of Fort Worth, Texas, and set forth
in Contract Documents must be paid on this project.
7 . FINANCIAL STATEMENT: A current certified financial
statement may be required for use by the CITY OF FORT WORTH
in determining the successful bidder. This statement, if
required, is to be prepared by an Independent Certified
Public Accountant or Independent Public Accountant holding a
' valid permit issued by an appropriate State Licensing Agency.
8 . EXPERIENCE RECORD: Following opening of bids and
determination of the apparent low bid, the successful low
bidder may be required to submit a current experience record
to the Owner in order to determine bidder qualifications for
performing specified work.
9. DISCREPANCIES AND ADDENDA: Should a bidder find any
discrepancies in the drawings and specifications , or should
he be in doubt as to their meaning, he shall notify the City
at once, who will then send a written addendum to all Bidders
concerned. Oral instructions or decisions, unless confirmed
by addenda will not be considered valid, legal or binding.
No extras will be authorized because of failure of the
contractor to include work called for in the addenda on his
bid.
10. LIQUIDATED DAMAGES: The deduction for liquidated damages
shall be $937 . 60/day and will be reflected on page C-2 of
these contract documents when this contract is executed.
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SIB-2
11 . LIST OF PROPOSED SUBCONTRACTORS :
The bidder shall complete
the form marked "LIST OF PROPOSED SUBCONTRACTORS" and submit
it with his bid proposal to permit the City of Fort Worth to
more fully evaluate bid proposals prior to awarding the
contract. Failure to include the LIST OF PROPOSED
SUBCONTRACTORS in the bid proposal package may result in
disqualification of the submitted bid.
12 . LIST OF PROPOSED EQUIPMENT ITEMS: If the project plans and
specifications include a requirement for new or replacement
equipment, the bidder shall complete the form marked "LIST OF
PROPOSED EQUIPMENT ITEMS" and submit it with his bid
proposal. Equipment items listed will be evaluated as to
their qualification as an "or equal" item to the specified
equipment items prior to awarding the contract. Failure to
include the required LIST OF PROPOSED EQUIPMENT ITEMS in the
bid proposal package may result in disqualification of the
submitted bid.
13. CONTRACT BROKERING: It is the intent of the City of Fort
Worth to award a contract for the construction services
required under the terms of these contract documents to a
contractor who employs skilled craftsmen and laborers for a
substantial portion of the specified work. Therefore as part
of the bid review process , the City of Fort Worth reserves
the right to request the bidders to submit data which will
substantiate that at least 25% of the work specified in the
contract documents will be performed directly by the bidder' s
employees and not by subcontract. Failure of the bidder to
meet this requirement may result in rejection of his bid,
without prejudice, regardless of order of bid.
14 . DISADVANTAGED BUSINESS ENTERPRISE POLICY: The City will
consider the contractor ' s performance regarding its DBE
program in the evaluation of bids. Failure to comply with
the City' s DBE program, or to demonstrate a "good faith
effort" , may result in a bid being considered non-responsive
to specifications . The lowest responsive bidder meeting the
DBE requirements and bid specifications will be awarded the
bid.
15. RIGHT TO AUDIT:
(A) Contractor agrees that the City shall , until the
expiration of three (3) years after final payment under this
contract, have access to and the right to examine any
directly pertinent books, documents, papers and records of
the contractor involving transactions relating to this
1 contract.
J (B) Contractor further agrees to include in all his
subcontracts hereunder a provision to the effect that the
1 subcontractor agrees that the City shall , until the
j expiration of three (3) years after final payment under the
SIB-3
subcontract , have access to and the right to examine any
directly pertinent books , documents , papers and records of
such subcontractor, involving transactions to the
subcontract. The term "subcontract" as used herein includes
purchase orders .
16. QUALIFICATIONS OF BIDDERS
(A) Each Bid shall contain evidence of Bidder ' s
qualification to do business in the State of Texas or
covenant to obtain such qualification prior to award of the
Contract. (See Vendor Compliance Statement) Each bid shall
be accompanied by a valid Certificate of Registration issued
by the executive director of the Texas Water Commission
pursuant to Title 31, TAC, Chapter 334, Subchapter I,
334 .202, "Certificate of Registration for UST Contractor. "
(B) Each Bid shall contain a replica insurance certificate (s)
showing Bidder's carrier and amounts of coverage. The
Certificate of Insurance Form shall be used to present this
information. Owner may elect to have Bidders submit entire
policies for inspection.
(C) Each Bid shall contain manufacturer' s specifications for
explosion proof electrical equipment to be used on site in
accordance with NFPA 70B Class 1, Division 1 .
(D) Each Bid shall contain a preliminary progress schedule
for the Work, including time frames from receipt of work
authorization to completion.
(E) Each Bid shall contain a notarized statement that all
' employees to be utilized on this Project have been trained in
accordance with OSHA 29 CFR 1926 .00.
(F) Each Bid shall identify the disposal facility which is
proposed for use in disposing of the contaminated soils and
liquids generated on this Project. Include Owner/operator,
address and telephone number.
SIB-4
Tank SYstems, Inc.
2112 Rutland Dr., Suite 175
Austin, Texas 78758
(5 12) 339-9953
April 18, 1990
VIA HAND DELIVERY
Mr . David Ivory
City Manager
City of Ft . Worth
Purchasing Office
1000 Throckmorton
Ft . Worth, Texas
RE: Removal, disposal and site clean-up of twelve ( 12)
underground fuel storage tanks located at Meacham
Airport, Fort Worth, Texas
Dear Mr . Ivory:
With regard to the above referenced proposal, enclosed
please find the following with respect to the section
entitled "Qualification of Bidders", page SID-4 :
(A) . Executed Bid Proposal; List of Proposed
Subcontractors; DBE Compliance Statement;
"Good Faith Effort" Documentation Form, pages
1 through 4
' Executed Vendor Compliance Statement
' Certificate of Registration issued by the
Texas Water Commission
(B) . Insurance Certificate
(C) . Tank Systems, Inc. will not be utilizing electrical
equipment at the site and therefore provides no
specifications with regard to such.
(D) . Tank Systems, Inc. proposes to complete the
specifications contained in the proposal within 52
days from receipt of the Notice to Proceed.
(E) . Attached please find a notarized statement with
regard to the training of employees in accordance
with OSHA 29 CFR 1926 . 00 .
1
April 18, 1990 -2-
(F. ) The disposal facilities which are proposed for use
in disposing of the contaminated soils and liquids
generated on this Project are as follows :
* National Waste Companies
P. 0. Box 153669
Irving, Texas 75015
( 214 ) 637-5504
* Waste Management of Fort Worth, Inc
P. 0. Box 7797
Fort Worth, Texas 76111
' ( 817 ) 332-2251
* CSC
Avalon, Texas
( 214 ) 627-3413
Please do not hesitate to contact me if there is any
additional information I may provide .
Sincerely,
Ronald McCann,
President
Enclosure
RM/brt
041890-C.DOC
S
DISADVANTAGED
BUSINESS ENTERPRISE POLICY: The City will
consider the contractor 's performance regarding its DBE program
in the evaluation of bids . Failure to comply with the City's DBE
program, or to demonstrate a "good faith effort" , may result in a
bid being considered non-responsive to specifications. The
lowest responsive bidder meeting the DBE requirements and bid
specifications will be awarded the bid.
(Refer to Attachment "A" - Pink Sheets)
BID PROPOSAL
TO: David Ivory
City Manager
Fort Worth, Texas
FOR: Removal , Disposal and Site Clean-Up of
Twelve (12 ) Underground Storage Tanks
(11 Fuel Tanks located at Texas Jet Tank Farm,
Meacham Airport and one (1) Waste Oil Tank also
at Meacham Airport , Fort Worth, Texas)
Pursuant to the foregoing "Notice to Bidders , : The undersigned
has thoroughly examined the plans , specifications and the site ,
understands the amount of work to be done and hereby proposes to
do all the work and furnish all labor, equipment and materials
rnecessary to fully complete the work as provided in the Plans and
Specifications , and subject to the inspection and approval of the
City of Fort Worth.
Upon acceptance of this proposal , the bidder is bound to execute
a contract and furnish Performance and Payment Bond approved by
the City of Fort Worth for performing and completing the said
work within the time stated and for the following sums to-wit :
The quantities listed below are approximate quantities and may
vary in the field.
UNIT I BASE BID
Pay Approximate Description of Items Bid Unit Total
Item Quantity Price Written in Words Price Price
f1 . *25 , 000 gal Removal , transportation
and disposal of Non-
Hazardous Liquids
Ten Thousand
z --------------aollars &
7Pro Cpnts -Cents/LS $ .40 /gallon $ 10 .000.
2 . Lump Sum Concrete removal , disposal
Four Thousand
Two Hundred Dollars &
Zero Cents Cents/LS $ 4 ,200 .00 $ 4 .200 .
P-1
Pay Approximate Description of Items Bid Unit Total
Item Quantity Price Written in Words Price Price
3 . 5 ea . Excavation, Removal ,
and Disposal
12 , 000 gal . UST
(appurtenances included)
Four Thousand Five
Hundred Eighty D o 11 a r s &
Sixty---------- Cents/EA $ 4,580.60 ea $ 22,903.
■ 4 . 5 ea. Excavation , Removal ,
and Disposal
10 , 000 gal . UST
(appurtenances included)
—Three Thousand Eight Hundred
Forty Nine Dollars &
Eighty Cents/EA $ 3,849. 0 ea $ 19,249.
5 . 1 ea. Excavation, Removal ,
and Disposal
2 , 000 gal . UST
(appurtenances included)
Four Thousand
i
TM-nty-Nine Dollars &
Zero Cents/EA $ 4,029.00 ea $ 4,029.00
i
6 . 1 ea . Excavation, Removal ,
and Disposal
UST size unknown
(appurtenances included)
Four Thousand
.7,�*+t-,u-Nine Dollars &
RPrn Cents/EA. $ 4,029.00 ea $ 4,0 9.00
7 . *4000 cy Replacement Backfill
MgP1 via Dollar s &
rif+-y Cents/CY $ 12.50 /cy $ 50,000.
P-2 l�
I
Pay Approximate Description of Items Bid Unit Total
Item Quantity Price Written in Words Price_ Price
8 . *2000 cy Overexcavation, transportation
and disposal of Class I
(Non-Hazardous) Soil U tj D o O
s-z)o A TE�I
Sixty Dollars &
Twenty Cents/C .Y. $ 60.20 /cy $ 120,400.
9 . *2000 cy Overexcavation, transportation
and disposal of Class II
(Non-Hazardous) Soil
Sixteen Dollars &
Twenty-Four Cents/C .Y. $ 16.24 /cy $ 32,480.
10 . Lump Sum Pavement repair and/or
replacement
Seven HundrMD011ars &
7.Prn
Cents/L. S . $ Inn nn $ inn_
t11 . Lump Sum Demolition and disposal of fencing
and electrical service equipment
and removal of all materials
Two Thousand
Eight HundredD o 11 a r s &
Zero Cents/L. S . $ 2,800. $ 2,800.
Two Hundred Seventy Thousand
Total Bid Seven Hundred Ninety Dollars and-No Cents
(Use Words)
$270,790.00
(Use Figures)
* Quantities shown represent estimated potential site
conditions . Actual quantities will depend upon site
conditions as determined by laboratory testing of soils
during conduct of the project .
P-3
4 This Contract is used by an organization which qualifies for
exemption pursuant to the provisions of Article 20 . 04 (F) of the
Texas Limited Sales , Excise and Use Tax Act.
'M The Contractor performing this contract may purchase, rent or
lease all materials , supplies , equipment used or consumed in the
performance of this contract by issuing to his supplier an
exemption certificate in lieu of the text, said exemption
certificate complying with State Comptroller ' s ruling #95-0 . 07 .
Any such exemption certificate issued by the Contractor in lieu
of the tax shall be subject to the provisions of the State
Comptroller 's ruling #95-0 . 09 as amended to be effective October
2, 1968 .
The undersigned assures that its employees and applicants for
employment and those of any labor organization, subcontractor or
employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as
prohibited by the terms of the City Ordinance No. 7278 as amended
by City Ordinance 7400. (Fort Worth City Code Sections 13-A-21
through 13-A-29) . Copies of these ordinances are available at
the Pubic Works Department of the City of Fort Worth.
The undersigned agrees to complete all work covered by these
contract documents within 60 calendar days from and after the
date for commencing work as set forth in the Notice of Award and
Notice to Proceed to be issued by the Owner, and to pay not less
than the "Prevailing Wage Rates for Streets , Drainage and Utility
Construction" as established by the City of Fort Worth.
Within ten (10) days of receipt of notice of acceptance of this
bid, the undersigned will execute the formal contract and will
deliver an approved Surety Bond for the faithful performance of
this contract. The attached deposit check in the sum of
* Dollars ($ 13 541 _75
is to become the
property of the City of Fort Worth, Texas , or the attached
' Bidder 's Bond is to be forfeited in the event the contract and
bond are not executed within the time set forth, as liquidated
damages for delay and additional work caused thereby.
* Thirteen Thousand Five Hundred Respectfully submitted,
Forty Cne Dollars and Tank Systems, Inc. CRP000036
Seventy Five Cents.
By: Y
I
Ronald_McCann, President
•
Addr s 2112 Rutland Address :. Dr. #175
Austin, Texas 78758 I
A L )
-
P-4
M�
NOTICE OF AWARD AND NOTICE TO PROCEED
Dated April 24, 19 90
TO: Ronald McCann, President
ADDRESS Tank Systems, Inc.
2112 Rutland Drive # 175
Austin, Texas 78758
SITE NO. UST - 0210
PROJECT 043809-00
CONTRACT FOR Underground Storage Tank Removal at Meacham Airport,
City of Fort Worth
-----------------------------------------------------------------
You are notified that your Bid dated April 18 19 90 for the
above Contract has been considered. You have been awarded a
contract for
Removal, disposal and site clean-up of twelve underground fuel storage tanks at Meacham
Field, located in the City of Fort Worth, Tarrant County, Texas
Two hundred seventy thousand
The Contract Price of your contract is seven hundred ninty Dollars
You must begin work by May 9, 1990
You must complete work within 60 calendar days from start
date.
Three copies of each of the proposed contract Documents (except
Drawings) accompany this Notice of Award. Three sets of the
Drawings will be delivered separately or otherwise made available
to you immediately.
You must comply with the following conditions precedent within
ten (10) days of the date of this Notice of Award, that is by
May 8, , 19 90
five
1 . You must deliver to the Owner twee fully executed
counterparts of the Agreement including all the Contract
Documents . 1'his dudes the trip1ieatE sets of Dregs .
Each of the Contract Documents must bear your signature on
the cover page.
P-5
2 . (List other conditions precedent)
*Certificate of insurance as approved by the City's Risk Management Manager
*Letter stipulating our DBE PARTICIPATION AND A City's DHE Office
*Signed certificates of worker release forms tan ar Form
*Executed contractor occupational safety and health certificate Standard Form 1
*Executed performance bond
*Executed payment bond
*List of all equipment to be utilized on this project
' Failure to comply with these conditions within the time specified
will entitle Owner to consider your bid abandoned, to annul this
Notice of Award and to declare your Bid Security forfeited.
Within ten days aftwro you comply with those conditions , Owner
will return to you Gne fully signed counterpart of the Agreement
with the Contract Documents attached.
City of Fort Worth
O vig e
C
By
(Authorized Signature)
Assistant City Manager
(Title)
I
l
P-6
VENIX)R CONPLIA11Cr 1'0 or-rATE LA14
Vic 1905 Scssiotl or the Tcxas Lcgislnture pns;cd ilcusc Bill 620 relative to
the award of eontrnets to non-resident biddern. This law provides thnt, in
order to be nwarded n contract ns low bidder, non-resident bidders (out-of-
state contractor: wliose corporate offices or pr(neipnl place of buclness arc
outside of the state of Tcxn;) bid pro)r.et: for eotlr.truetion, improvcmcntr,
supplfcs or ncrvIccs in Texas nt nil n,notttlt lower than the 101c .t Texas
residetlt bidder by the name amount that: n Tcxn : resident bidder would be
required to underbld n tion-rentdcnt bidder in order to obtnin a comparable
contract in the .^.tnte in which the npn..rc:sident ' principal place of business
is located. The allpr•oprlatc bint,ks in Scctlon A mu:-.t. be filicd out by .111
out-of-state or non-resicicnt bltldgrs itl order for your bid to meet
' specifications. The failure of out-of-state or tlotl-resident contractors to do
so will autonl:lticnily dicqualifv t1,n t bidder. Resident bidders must check the
box in Section B.
A. llon-rc sidr_nt vendors it, Give ntntc) our
of busitess , nre required to be Principal plant .
percent Power than resident
bidders by state Inw.
lion-res idcnt vendor:, in
Place of business, arc not required r.o undcrbid �rc idcntt bidders.
prineipal
B. Our principal place of busitles: or corporate offices arc in the State of
Texas. ( x
BIDDER:
Tank Systems, Inc., CRP000036 By: Ronald McCann
' Company
(Please print)
7
2112 Rutland Drive; Suite #175 Signature:
Austin Texas 78758 Title: President
City State Zip (please print)
T1115 FORH HUST BE RETURNED WITH YOUR QUOTATION
VC-1
TEXAS WATER COMMISSION
di,�_
B. 1. kk nnv. John J. Vat,, Gorcr_l,
John E. Birdwell. C. mm,-_sicne, Michael E. Field, Cl'-,iet He_-rmcs Examiner
Cliff Johnson, Ccmmissio^cr Brenda W. Foster, Chiei C:erk
Allen Beinke, Executive Director
MAR 2 9 1990
March 27, 1990
Ronald McCann
Tank Systems, Inc.
2112 Rutland Dr. Suite 175
Austin, TX 78758
Re: Underground Storage Tank (UST) Contractor Registration No. :CRP000036 for Tank
Systems, Inc. , issuance date April 1, 1990.
Dear Mr. McCann:
It is a pleasure to inform you that Tank Systems, Inc. has met the requirements, and
is hereby registered as an UST contractor, pursuant to Title 31, Texas
Administrative Code, Chapter 334, Subchapter I. This registration allows Tank
Systems, Inc. to engage in the installation, repair, and removal of UST systems in
the state of Texas. A non-transferable Certificate of Registration will be sent to
Tank Systems, Inc. in the near future.
The Certificate will expire one year from the issuance date. A renewal application
shall be submitted to the executive director at least 30 days prior to the expiration
date of the certificate. Any change of information to the registered contractor's
application during the validated registration year shall be submitted in writing to
the Executive Director of the Texas Water Commission within thirty days of the
change. The registered contractor is also required to prominently display the above
referenced contractor registration number on all bids, proposals, offers, and
installation drawings.
Please note that the commission is presently developing rules and procedures for the
licensing of installers and on-site supervisors. These rules will be finalized and
published in the near future and your name will be included on the list for
information related to this program.
If you have any questions, please contact Robert Hinojosa, Jr. , of my staff at
(512)371-6200.
?
erely,
J son H. Kramer
Division Director
Petroleum Storage Tank Division
CL/McCann
MAR 1 1990
tj
P.O. Box 13087 Capitol Station * 1700 North Congress Ave. Austin,Texas 787113087 • Area Code 512/463-7830
LIST OF PROPOSED SUBCONTRACTORS
INSTRUCTIGN: Indicate the na:re , address and telephone
number for each applicable subcontractor
proposed to be used on this project .
ACTIVITY NAME AND ADDRESS PHONE #
214-
1 , Water Disposal - National Waste Co.; 2131 Progressive Drive; Dallas, TX 637-5504
817-
2 . Backfill - J.P. Esquivel Trucking; 7127 Nine Mile Bridge Rd. ; Ft. Worth, TX 237-7200
1-80
3 . Haul Tank to Di pQsa1 Site - ACE Transportation; P.O. Box 21268; San Antonio, TX 880-
4 . 0279
5.
6 .
7 .
8 .
9 .
10 .
11 .
12
13 .
14 .
15.
16 .
17 .
18 .
19 .
20 .
21 .
22 .
PL-1
LIST OF PROPOSED EQUIPMENT ITEMS
Instruction: Complete the information for each item of equipment listed
below:
Equipment Specification Proposed Manufacturer
Item Reference Manufacturer Model Number
1. Crane - Height 50' Boom
2. Backhoe - 235 Catapiller (Height 29' 13 x 6 x 9)
3. Office Trailer - 7 x 16 x 10
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
I 15.
16.
17.
18.
19.
20.
PL-2
,.1
k�.
x
ATTACHMENT A
DISADVANTAGED BUSINESS ENTERPRISE
BID SPECIFICATION LANGUAGE
7
J
CITY OF FORT WORTH
DISADVANTAGED BUSINESS ENTERPRISE
BID SPECIFICATIONS
SECTION 1:
1. POLICY STATEMENT
It is the policy of the City of Fort Worth to involve Disadvantage Business
Enterprises (DBEs) in all phases of its procurement practices and to
provide them equal opportunities to compete for contracts for construction,
professional services, purchases of equipment and supplies, and provision
of other services required by the City.
The City will provide assistance, when requested, to DBEs by providing
information on bid specifications, compliance with procurement policy,
fulfillment of general bid requirements, job performance requirements,
procurement opportunities and prerequisites for bidding City contracts.
The City encourages joint ventures among DBEs and between majority and
minority .firms bidding for City contracts.
2. BD„__
The City's goal is 15% of the dollar value of contracts for DBEs.
On City contracts of $25,000 or more bidders are required to most the
established minimum goal , or upon failure to meet the goal, provide
documentation of their "Good Faith Efforts". If the contract amount is
less than $25,000, the bidder is not required to submit the DBE information
' packet.
The DBE compliance documentation must be submitted to the Bid Contracting
' Officer/Buyer no later than 5:00 o'clock p.m. , three (3) business days
after the bid opening date.
FAILURE TO SUBMIT DBE DOCUMENTATION AS REQUIRED WILL RESULT IN THE BID
BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
Unless otherwise specified in writing, only the first tier or
subcontractors/suppliers paid directly by the prime will be counted , toward
meeting the City's DBE goal .
' 3. DEFINITION OF DBE
A disadvantaged business enterprise (DBE) means a business concern which is
(a) at least fifty-one percent owned by one or more socially and
economically disadvantaged Individuals, or, in the case of any publicly
owned business at least fifty-one percent of the stock which is owned by
one or more socially and economically disadvantaged individuals, and (b)
whose management and daily business operations are controlled by one or
more of the socially, and economically disadvantaged individuals who own
it. Women businesses are included with the presumptive group of DBEs.
r-
Rev. 09/18/89
1
l
SECTION II :
`
I. COMPLIANCE WITH THE CITY'S DBE PROGRAM
The City will consider the bidders performance regarding its DBE
participation in evaluation of bids. Failure to comply with the City's DBE
requirements or to demonstrate or document a "Good Faith Effort", will
result in a bid being considered non-responsive to specifications. The
lowest responsive bidder meeting the DBE requirements and bid
specifications will be awarded the bid.
Bidders can comply with the program in one of three (3) ways. Find the one
that applies to you and follow its instructions.
1. ENTIRE CONTRACT SUPPLIED BY DBE
If you are certified by the City of Fort Worth, the City's
DBE contract goal shall be deemed to have been not. You
must then complete the Compliance. Statement, Attachment 1A,
and return it as required Pursuant to paragraph 2 of
Section 1 hereof.
If you are not certified by the City of Fort Worth, please
contact the City's DBE Office at (817) 870-6104 to obtain
a Certification Form (Schedule A), complete the Compliance
Statement, Attachment 1A, and return it as required
pursuant to paragraph 2 of Section 1 hereof.
,2. CONTRACT IS SUPPLIED WITH DBE PARTICIPATION
If you will joint venture with a DBE, complete a Joint
Venture Form (Schedule 8) and Attachment 1B, sign ' the
Compliance Statement, Attachment 1A, and return them
as required Pursuant to paragraph 2 of Section I hereof.
If your DBE participation is in an amount that equals
to or surpasses the City's goal of 15% for DBE, complete
Attachment 1A, Attachment 1B and return them as required
Pursuant to paragraph 2 of Section I hereof.
If the DBE participation percentage is less than the City's
stated goal, you must complete Attachment 1C to show the
"Good Faith Efforts" you made to meet the City's goal. You
should complete Attachment iB to show the DBE participation
you will have, sign the Compliance Statement (Attachment
1A) and return then as required pursuant to
} paragraph 2 of Section I hereof.
J Note: All DBEs must be certified or in the process of being
certified by the City of Fort Worth at the time of bid opening.
A DBE not already certified may contact the City's DBE Office at
(817) 870-6104 to obtain a Certification Form (Schedule A).
Rev. / /
09 18 89
2
l
3. CONTRACT SUPPLIED WITHOUT DBE PARTICIPATION
A bidder that has failed to include DBE participation
may be awarded the contract upon the City's determination
that the efforts the bidder made to meet the goal was aGood
Faith and Honest Efforts". The City must determine that the
bidder's efforts were those that, given all relevant
circumstances, a bidder actively seeking to meet the goal
would make.
Sign the Compliance Statement (Attachment 1A). complete
Attachment IC and provide any additional documentation that
will substantiate your •Good Faith Efforts". Return all
forms and information as required pursuant to parafraph 2 of
Section 1 hereof.
SECTION 111 :
DBE ASSISTANCE ORGANIZATIONS
A list of DBE businesses that have been certified by the City of Fort Worth
will be provided to you upon request. Additionally, if there are any
questions regarding the interpretation of the City's DBE Policy, please
contact the City's DBE Office at:
City of Fort Worth
DBE Office
1000 Throckmorton, Room 331
Fort north, Texas 76102
Phone: (817) 870-6104
The following agency may be able to provide assistance in identifying
additional DBE firms to meet your goals:
Minority Procurement Program
2315 North Main Street, Suite 300
Fort Worth, Texas 76106
Phone: (817) 625-4331
Rev. 09/18/89
Attachment 1A
DBE COMPLIANCE STATEMENT
The undersigned bidder hereby certifies that they will comply with the DBE
Policy in the following manner. (check 1, 2, or 3)
, PLEASE READ INSTRUCTIONS:DBE GOAL Section 1 Para rah 2 Pare 1
I.
1. ENTIRE CONTRACT SUPPLIED BY DBE (check certification status)
Certified by the City of Fort Worth �I
In the process of being certified by the City of Fort Worth I�
NOTE: FAILURE TO SUBMIT THIS INFORMATION WILL RESULT IN BID BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
CONTRACT SUPPLIED WITH DBE PARTICIPATION
M
If DBE participation meets or exceeds the City's goal , complete
.. Attachment 19.
If DBE participation is less than the City's goal, you 'must
V
Complete Attachment iB and Attachment iC r ,
4.
r 3 CONTRACT SUPPLIED WITHOUT DBE PARTICIPATION
` > Complete the "Good Faith Effort" Documentation 'Form,' T.
i .i. J '
Attachment iC
Tank Syste ns,' Int CRP000036 '
Authorized Signature Name of Company
PrPaide_nt April 18, 1990
Title Date
`_The bidder further agrees to provide, directly to the City upon request,
' complete and accurate information regarding actual work performed by the i
DBE on the contract, the payment therefore and any proposed changes to the
original DBE arrangements submitted with this bid/proposal. The :bidder �I
also agrees to allow an audit and/or examination of any books, records,' and
Jiles• held by their company that will substantiate the actual work �
;performed by the DBE on this contract, by an authorized officer or employee
ot . the City. Any material misrepresentation will be grounds for
r, -terminating the contract and for initiating action under Federal, State
or Local laws concerning false statements.
(ALL DBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD)
J
Rev. 09/18/89 !I
' Attachment 1C
Project Name _ Page 1 of 4
Project Number
'GOOD FAITH EFFORT" DOCUMENTATION FORM
If you have failed to secure DBE firms or if your DBE participation is
less than the City's goal , you must complete this form. FAILURE TO COMPLETE
THE REQUIRED DBE PARTICIPATION FORMS IS GROUNDS FOR REJECTION OF THE BID.
*ALL QUESTIONS ON THIS FORM MUST BE ANSWERED OR THE BID BILL BE CONSIDERED
NON-RESPONSIVE TO SPECIFICATIONS"
1. Did you obtain a list of DBE firms from the City's DBE Office?
Yes No
2. Did you contact any of the organizations that are available to assist
; '.DBEs, to obtain a list of potential subcontractors/suppliers?
If yes, list the agencies below.
Yes ✓ No
f 3. Please list each and every subcontracting/supplier opportunity which
,. will be used in the completion of this project.
If none, please explain in detail.
If awarded bid will supply information.
4. Did you send written notice to DBE firms soliciting their bids
on this project?
Yes No if yes, attach copy(s).
Rev. 09/18/89
5
-I
Attachment IC
Page 2 of 4
S. Did you solicit bids from DBE firms by telephone?
�. Yes ✓ No
If yes, list firms and the results of these efforts on page 3 of 1C.
6. if DBE firms were rejected on the basis of quotation being too high or
qualifications, attach documentation to support quotation being too
high and/or reasons `-for rejection based upon qualifications; i.e
letters, memos of .telephone calls, meeting, etc.
NA
z 7. - Did you .solict bids from DBE ' firms by Advertisement ' An :the
Newspaper? i
Yes No if yes, attach" copy(s) 'of
advertisement.
A •
• 411 {i i Y 1 '5.. , 1f L "♦ .�
8 a l fTyou propose. to perform the entire contract' without subcontractors `or
r suppliers, please .provide a detailed . explanation below that ;proves, ol
based on the size and scope of the project, this is' your normal
business practice.'
9. Please provide any additional information you feel will further explain
your good faith efforts to solicit bids from DBEs on this project.
The composition of your work force is not a consideration.
Rev. 09/18/89
This form is to be used when answering question
COMPANY NAME,
ADDRESS AND TELEPHONE
Meadors Trucking
5116 Glenn Court
Forest Hillt TX 76140
817-483-5514
Lara Hauling Company:
1105 E. Tarrant Road
Grand Prairie; TX 75QSQ
(214) 642-5541
Bussey Trucking Co.
3726 Poronto Street
Dallas. TX 75212 •
(214) 630-5654
9
Centaur Trucking Co.
Route 2; Box 334B
Seacjovillet TX 75159 •
(214) 287-7400
Contract Paving Co.
753 Scott Street
Tye, Texas 79563
(9'I 5) b92-9514
Terra Pavers, Inc.
1624 FM 407 West
Aravle.TX 7624
(817) 455-2052
NAME 'OF PERSON
CONTACTED_.
No one answer ed k`
.telephone left message'"
'•V'' an5x.Tc.9-4 'iyar},irio --
No answer
Beverly Gibson •
• Shron McCornes
- Donna Rate •
Shelly Fanning
Attachment 1C
epreceeding-page.
TYPE OF WORK
PERFORMED
.TruckingfEkcavation/Demo.
Coi isti=uction Trucking.;
Dump Truck Hauling
Trucking and'Demolotion:
Const. General Contr.
DBE
Page 3 of 4
REASON
FOR NOT
SUBCONTRACTING
Did not wish
to bid
Did not wish
.to bid
Did not wish
' to bid
Did not wish
to L1
- B&N Concrete Cutting Co.
1506 Stanwood
Cleburn, Texas 76031
817-556-3617
Beverly White
Able to provide
concrete cutting only
Attachment 1C
Page a of e
The undersigned certifies that the information provided and the DBE(s)
listed was/were contacted in good faith. it is understood that the DBE(s)
on the attached list will be contacted and the reasons for not using them
will be verified by the City's DBE Office.
' The misrepresentation of facts is grounds _ for consideration of
disqualification and may result in a bidder being . classified as an
Irresponsible bidder and being barred from C3ty ,of Fort Worth work for a
period of not less than six months
Authorized Signature
Ronald',McCann
Title �, i ''•
-Tank Systems, Inc., CRP000036: -
Company Name
April 18, 1990
Date
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' Rev. 09/18/89
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7th May 90
Bond M-465404 PAYMENT BOND
(Required if contract amount exceeds 525,000.00)
THE STATE OF TEXAS S
COUNTY OF TARRANT S
KNOW ALL MEN BY THESE PRESENTS: That we (1) Tank Systems, Inc.
, a (2) Corporation of the State of Texas
, hereinafter called Principal , and (3) Merchants Bonding
Company (Mutual) , 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, and unto all persons, firms, and
corporations who may furnish materials for, or perform labor upon, the
building or improvements hereinafter referred to in the penal sum of:
Two Hundred Seventy Thousand Seven Hundred Ninty
(S 270,790.00 ) 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 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,
dated the 25 day of April A.D. , 19 90 , a copy of which
is hereto attached and made a part hereof, for:
Removal, disposal and site clean-up of twelve (12) underground fuel storage tanks at
Megcham Airport, Fort Worth, Texas
designated as Project Number 043809-00 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."
C-11
NOW, THEREFORE, the condition of this obligation is such that , if the
Principal shall promptly make payment to all claimants as defined in
Article 5160 of the Revised Civil Statutes of Texas, supplying labor and
materials in the prosecution of the work provided for in said Contract ,
then this obligation shall be null and void , otherwise it shall remain in
full force and effect.
' THIS BOND IS MADE AND ENTERED into solely for the protection of all
claimants supplying labor and material in the prosecution of the work
' provided for in said Contract, as claimants are defined in said Article
5160, and all such claimants shall have a direct right of action under the
bond as provided in Article 5160 of the Revised Civil Statutes.
' PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Tarrant County, State of Texas, and 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 obligations on 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.
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder whose claim
may be unsatisfied. .
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IN WITNESS WHEREOF, this instrument is executed in -Aim counterparts
each one of which shall be deemed an original , this the 7th day of
May A.D. , 19 90 .
Tanks Systems, Inc.
' PRINCI (4)
ATTEST:
BY:
onald McCarui, Presiden
2112 Rutalnd Drive; No. 175 pf�I CQ � Il
(Principal) Secretary
Austin, Texas 78758
$it E A F PR NCIPAL)(Address) � ��ess a to Principal
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ATTEST:
Merchants Bonding Company (Mutual)
Surety (Surety) Secretary
sy
Attorney-in-Fact , Robert D. Cave
(S E A L)
P.O. Box 26720, Austin, TX 78755
(Address)
(1) Correct name of Contractor. ._
(2) A Corporation, a Partnership or W ss as to Surety
an Individual , as case may be.
(3) Correct name of Surety. P.O. Box 26720, Austin, TX 78755
(4) If Contractor is Partnership all (Address)
Partners should execute bond.
(5) A true copy of Power of Attorney
shall be attached to bond by
Attorney-in-Fact .
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7th May 90
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ISSUE DATE(MM/DD/YY1
5-7-90
PRODUCER
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bill Pitts Insurance Agency
P.O. Box 2291 COMPANIES AFFORDING COVERAGE
Austin, TX 78768-2291
LETTERNY -A Mt . Hawley Insurance Company
COMPANY
INSURED LEER B
TT United States Fidelity & Guarant
Tank Systems , Inc. COMPANY C
2112 Rutland Dr. #175 LETTER
Austin, TX 78758 COMPANY
LETTER D United States Fire Ins . Company
COMPANY E
LETTER
•
THIS IS TO CERTIFY THAT 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 CONDI-
TIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE POLICY NUMBER DATE(MIF OO/YY) DATE(MWDDT/i ALL LIMITS IN THOUSANDS
LTR
GENERAL LIABILITY GENERAL AGGREGATE $ 1 000
A COMMERCIAL GENERAL LIABILITY MOL 0 0 3 7 9 8 11-8-89 11-8-90 PRDDUCTS-CDMP/OPS AGGREGATE $
CLAIMS MADE ®OCCURRENCE Subject to $1, 000 Deductible per PERSONAL&ADVERTISING INJURY $
OWNER'S B CONTRACTORS PROTECTIVE claim for Bodily Injury and Proper OCCURRENCE $
Damage FIRE DAMAGE(ANY ONE FIRE) $
MEDICAL EXPENSE(ANY ONE PERSDNI $
AUTOMOBILE LIABILITY
ANY AUTO CSL $ 1, 000 B lTB10924405800 10-22-89 10-22-90
ALL OWNED AUTOS BODILY
INJURY
SCHEDULED AUTOS (PER PERSON) $
HIRED AUTOS BODILY
(INJURY
NON-OWNED AUTOS ACECDENTI $
GARAGE LIABILITY 1PROPERTY
$
EXCESS LIABILITY EACH AGGREGATE
EACH
$ $
OTHER THAN UMBRELLA FORM DAMAGE
STATUTORY
WORKERS'COMPENSATION $
D AND 407052827 ]-Q-22-$9 10-22-90 (EACH ACCIDENT)
$ (DISEASE-PDLICY LIMIT)
EMPLOYERS'LIABILITY
$ (DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS "The City of Fort Worth, its Offic
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. " Limits of
liability are stated as of inception date. Paid losses may have reduced
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
City Of Fort Worth PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
1000 Throckmorton MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Fort Worth, TX 76102 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
ATTN: Sue Nagle A DREPRESENTATIVE
EXPERIENCE RECORD
List of Projects your Organization has successfully completed :
NAME, ADDRESS & PHONE NO.
AMT. OF CONTRACT AWARD TYPE OF WORK DATE ACCEPTED OF OWNER
OMS #3 UST removal, Texas Army National Guard
Austin Texas c
di s 1 P.O.Box 5218
$ 45, 343 .00 si �eAn up 03-01-90 Austin TX-78763/ATM: Cliff Hall
UST removal, Army National Guard
Dallas Naval P. O. Box 5218
Air Station disposal,
$ 92 222.68 09-01-89 Austin TX 78763/ATTN: Cliff Hall
OMS #16 UST removal, Texas Army National Guard
Grand Prairie, Texas disposal, P.O. Box 5218
$ 33,702.00 site clean 03-01-90 Austin TX 78763 ATPN: Cliff Hall
OMS #29 UST removal, Texas Army National Guard
' San Antonio, Texas disposal, P. O. Box 5218
39,088-00 site clean up 03-01-90 Austin TX 78763 ATIN: Cliff Hall
List of Projects your Organization is now engaged in completing:
EXPECTED DATE NAME, ADDRESS & PHONE NO.
AMT. OF CONTRACT AWARD TYPE OF WORK OF COMPLETION OF OWNER
OMS #11 UST removal Texas Army National Guard
Bryan Texas . disposal, P.O. Box 5218
$ 40 57.00 05-15-90 Austin TX 78763/ATTN: Cliff Hall
OMS #10 UST removal Texas Army National Guard
Dallas, Texas disposal, P.O. Box 5218
$105,946.50 site clean u 05-15-90 Austin TX 78763/ATTN: Cliff Hall
OMS #14 UST removal, Texas Army National Guard
Ft. Worth, Texas disposal, P.O. Box 5218
$ 67,239.50 site clean up 05-15-90 Austin, TX 78763/ATTN: Cliff Hall
t Project C001/CO02 UST removal, State Department of Highways
disposal, and Public Transportation
$122,154.00 site clean uF 05-31-90 Austin, TX/ATTN: Linda Balcom
Regions 2,3,4,6 & 7 UST removal, State Department of Highways
disposal, and Public Transportation
$3,202,975.00 site clean u 06-30-90 Austin TX/ATPN: Linda Balcom
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Lict Surety Bonds in Force on above incomplete work:
DATE OF TYPE OF WORK NAME, ADDRESS & PHONE N0.
CONTRACT AWARD BOND AMT. OF BOND OF SURETY
>y UST removal, Syndicated Surety Scv.
disposal, 3102 Maple Ave. No. 260
02-14-90 clean u $122,154.00 Dallas TX 75201 _ 3-0888
UST removal, USF& ; c/o Pitts Ins. Agency
disposal, P.O. Box 2291
03-16-90 clean up $3,202,975.00 Austin, TX 78763/512-451-7555
A
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Pl
1
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
SECTION A
DEFINITIONS, PROCEDURES AND INTERPRETATIONS
A-1 Contract Documents . Contract Documents includes all of the
written and drawn documents setting forth or affecting the
rights of the parties , including but not necessarily being
limited to, the Contract, Notice to Bidders, Proposal ,
General Conditions, Special Conditions , Specifications ,
Plans , Bonds and all Addenda, Amendments signed by all
Parties , Change Orders , written Interpretations issued by
' the Engineer pursuant to Paragraph A-2 and any written Order
for a minor change in the Work issued pursuant to Paragraph
L-3 hereof .
A-2 Entire Agreement. The Contract Documents represent the
entire agreement between the Parties , and no prior or
contemporaneous , oral or written agreements, instruments or
negotiations shall be construed as altering the terms and
effects of the Contract Documents . After being executed,
the Contract Documents can be changed only by a written
Amendment signed by the Contractor and the Owner, or Change
Order, or by a written Order for a minor change issued by
the Owner, as set out in Section L hereto.
>,> A-3 Work. By the term Work is meant all labor, supervision,
materials and equipment necessary to be used or incorporated
in order to produce the construction required by the
Contract Documents.
A-4 Execution of the Contract Documents. The Contract
Documents shall be executed in three (3) originals by the
Contractor and the Owner in such form as may be prescribed
by law.
A-5 Familiarity With Proposed Work. Before filing a bid, the
bidder shall examine carefully the proposal, plans,
specifications, special provisions, and the form of contract
to be entered into for the work contemplated. He shall
examine the site of work and satisfy himself as to the
conditions which will be encountered relating to the
character, quality and quantity of work to be performed and
materials to be furnished. The filing of a bid by the
bidder shall be considered evidence that he has complied
with these requirements and has accepted the site as
suitable for the work.
Claims for additional compensation due to variations between
1 conditions actually encountered in construction and as
GC-1
indicated by the plans will not be allowed.
A-6 One Unified Contract. Insofar as possible, the Contract
Documents will be bound together and executed as a single
unified Contract, the intention of the Contract Documents is
to provide for all labor, supervision, materials , equipment
and other items necessary for the proper execution and
completion of the Work. Words which have well recognized
technical or trade meanings are used herein in accordance
with such recognized meanings .
A-7 Interpretations. The Engineer will furnish such
Interpretations of the Plans and Specifications as may be
necessary for the proper execution or progress of the work.
Such Interpretations shall be furnished at the instance of
the Engineer or at the request of the Contractor, or Owner,
and will be issued with reasonable promptness and at such
times and in accordance with such schedule as may be agreed
upon. Such Interpretations shall be consistent with the
purposes and intent of the Plans and Specifications and may
be effected by Field Order. In the event of any dispute
between any of the parties to the Contract and the Engineer
or each other involving the interpretation of the Contract
Documents, the evaluation of work or materials performed or
furnished by the Contractor, or any subcontractor or
materialman, or involving any question of fault or liability
of any party, the decision of the Owner shall be final and
binding.
A-8 Disadvantaged Business Enterprise Policy. The City of Fort
Worth has goals for the participation of minority and women
owned business enterprise in City contracts. Compliance
with the policies designed to meet these goals is mandatory
in order to be considered responsive bidders. The City
policy and procedures to be followed in submitting bids is
included as Attachment A to the proposal Section of these
Contract Documents.
SECTION B
IDENTITY OF ENGINEER
B-1 Duties of the Engineer. The term Engineer, as used in this
Contract, shall be construed to mean the Engineer or his
authorized representative. The Engineer in this contract
shall be Environmental Managers, Inc. Nothing contained in
these Contract Documents shall create any privity of
Contract between the Engineer and the Contractor.
B-2 E_gineer as Representative of the Owner. The Engineer will
provide guidance on behalf of the Owner and will have
authority to act as the representative of the Owner to the
extent provided in the Contract documents unless changed in
writing by the Owner. The Engineer will be available for
conferences and consultations with the Owner of the
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Contractor at all reasonable times .
B-3 Access to Job Site. The Engineer shall at all times have
access to the Work whenever it is in preparation and
progress . The Contractor shall provide facilities for such
access so the Engineer may perform its assigned functions
under the Contract Documents .
B-4 Interpretations. The Engineer will be, in the first
instance, the interpreter of the requirements of the Plans
and Specifications and the judge of the performance
thereunder by the Contractor, subject to the final decision
of the Owner.
' B-5 Miscellaneous Duties of Engineer.
Change Orders . Change Orders and Orders for Minor Changes
in the Work will be in writting and will be issued by the
Owner through the Engineer in accordance with the provisions
of Section L.
Inspections. The Engineer will conduct inspections for the
purpose of determining and making his recommendations
concerning the dates of substantial completion and final
completion.
SECTION C
OWNER
C-1 Identification. By the term Owner is meant the City of
' Fort Worth acting herein by its duly authorized
representatives in the manner provided by law. Authorized
representatives include the City Manager, Assistant City
' Manager, and Assistant to the City Manager. Generally
speaking, a designated representative will be identified
from within the Office of the City Manger to act as a point
of contact for day to day contract administration.
C-2 Duties of the Owner. ' The Owner shall furnish surveys
describing the physical characteristics, legal limits and
utility locations for the site of the Work; provided,
however, that the Contractor hereby covenants that he has
inspected the premises and familiarized himself therewith
and that the locations of utilities and other obstacles to
the prosecution of the Work as shown on the Owner 's survey
are for information only, are not binding upon the Owner,
and the Owner shall not incur any liability for loss or
damage by virtue of any inaccuracies or deficiencies in such
surveys . The Owner shall secure and pay for title to the
site and all necessary permanent or construction easements.
The Owner will cooperate with the Contractor in the
prosecution of the Work in such manner and to such extent as
may be reasonable and shall furnish information under its
GC-3
control with reasonable promptness at the request of the
Contractor.
C-3 Instructions . The Owner may issue all instructions to the
Contractor through the Engineer.
C-4 Access to Job Site. The Owner shall at all times have
access to the Work whenever it is in preparation and
progress. The Contractor shall provide facilities for such
access so the Owner may perform its assigned functions under
the Contract Documents.
C-5 Progress Inspections. The Owner will make periodic visits
to the Site to familiarize himself with the progress and
' quality of the Work and to determine if the work is
proceeding in accordance with the Contract documents . On
the basis of on-site observations and reports provided by
the Engineer concerning the progress and quality of the
work, the Owner will approve and authorize the Contractor' s
applications for payments in amounts according to the
provisions of Paragraph I-2.
C-6 Authority to Stop Work. The Owner will have authority to
reject work which does not conform to the Plans and
Specifications. Whenever, in its reasonable opinion, the
Owner considers it necessary or advisable in order to insure
the proper realization of the intent of the Plans and
specifications, the Owner will have authority to require the
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Contractor to stop the Work or any portion thereof.
C-7 Final Inspection. Upon agreement of the Contractor and
Engineer that the Work is substantially complete, the Owner
will schedule a Final Inspection to be conducted by the
Owner and Contractor.
SECTION D
CONTRACTOR
D-1 Identification. The Contractor is the person or
organization identified as such in the Contract. The term
Contractor means the Contractor or his authorized
representative.
D-2 Review of Contract Documents. The Contractor shall
J carefully study and compare the Agreement, Conditions of the
Contract, Drawings, Specifications, Addenda and
modifications and shall at once report to the Owner and to
the Engineer any error, inconsistency or omission he may
discover. The Contractor shall do no work without Drawings ,
Specifications or Interpretations.
GC-4
D-3 Supervision. The Contractor shall supervise and direct the
Work, using his best skill and attention. He shall be
solely responsible for all construction means , methods ,
T techniques , sequences and procedures and for coordinating
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all portions of the Work under the Contract Documents.
D-4 Labor and Materials . Unless otherwise specifically noted,
the Contractor shall provide and pay for all labor,
materials , equipment, tools , construction equipment and
machinery, water, heat, utilities , transportation and other
facilities and services necessary for the proper execution
and completion of the Work.
The successful low bidder will use its reasonable best
efforts to hire local laborers , workmen and materialmen.
' The general condition is not to be constructed as limiting
the right of any bidder to employee laborers, workmen or
materialmen from outside local area.
The Contractor shall at all time enforce strict discipline
and good order among his employees, and shall not employ on
the Work any unfit person or anyone not skilled in the task
assigned to him.
D-5 Prevailing Wage Rate. The Contractor agrees to pay not
less than the general prevailing rate of per diem wages for
Work of a similar character in the locality in which the
Work is
performed, and not less than the general prevailing
wage of per diem wages for a legal holiday and overtime
work, to all laborers, workmen and mechanics employed on the
Work under this Contract. The Contractor agrees to pay at
least the minimum wage per hour for all labor as the same is
classified and set out by the City of Fort Worth, Texas, a
copy of which is attached hereto and made a part hereof the
same as if it were copies verbatim herein.
D-6 Warranty. The Contractor warrants to the Owner and the
Engineer that all materials and equipment furnished under
this Contract will be new unless otherwise specified, and
that all work will be of good quality, free from faults and
defects, and in conformance with the Contract Documents.
All Work not so conforming to these standards may be
considered defective. If required by the Engineer or the
Owner, the Contractor shall furnish satisfactory evidence as
to the kind and quality of materials and equipment.
The warranty provided in this Section shall be in addition
to and not in limitation of any other warranty or remedy
provided by law or the Contract Documents.
D-7 Taxes. The Contractor will pay all Sales, Consumer, Use
and other similar Texas required by law.
GC-5
D-8 Licenses , Notices and Fees . The Contractor shall obtain
all Permits , Licenses , Certificates , and Inspections ,
whether permanent or temporary, required by law or these
Contract Documents .
The Contractor shall give all Notices and comply with all
Laws , Ordinances, Rules , Regulations and Orders of any
public authority bearing on the performance of the Work. If
the contractor observes or becomes aware that any of the
Contract Documents are at variance therewith in any respect,
he shall promptly notify the Engineer in writing and any
necessary changes will be made as provided in Paragraph A-2 .
It the Contractor performs any Work knowing that it is in
violation of , or contrary to, any of such Laws , Statutes ,
Charter, Ordinances , Orders or Directives , or Regulations
' without furnishing Notice to the Engineer, the Contractor
will assume full responsibility therefor and bear all costs
attributable thereto.
D-9 Superintendent. The Contractor shall employ a competent
superintendent and necessary assistants who shall be in
attendance at the Project site during the progress of the
Work. The superintendent shall be satisfactory to the
Engineer and the Owner and shall not be changed except with
their consent, unless the superintendent proves to be
unsatisfactory to the Contractor and ceases to be in his
employ. The superintendent shall represent the Contractor
and all communications given to the superintendent shall be
as binding as if given to the Contractor. Important
communications will be confirmed in writing. Other
communications will be so confirmed on written request in
each case.
D-10 Responsibility for Employees and Sub-Contractors . The
Contractor shall be responsible to the Owner for the acts
and omissions of all his employees and all Sub-contractors ,
their agents and employees, and all other persons performing
any of the Work under a contract with the Contractor.
D-11 Progress Schedule. The Contractor, immediately after being
awarded the contract, shall prepare and submit for the
Engineer ' s approval, an estimated progress schedule for the
Work. The progress schedule shall be related to the entire
project to the extent required by the Contract Documents .
This schedule shall indicate the dates for the starting and
completion of the various stages of construction and shall
be revised as required by the conditions of the Work,
subject to the Owner ' s approval . It shall also indicate the
dates for submission and approval of shop drawings and
submittals as well as the delivery schedule for major pieces
of equipment and/or materials .
The progress schedule shall be updated at least weekly by
the Contractor and submitted to the Owner for approval .
GC-6
D-12 Site Use . The Contractor shall confine operations at the
site to areas permitted by law, ordinances , permits and the
Contract Documents and shall not unreasonably encumber the
site with any materials or equipment. Until acceptance of
the work, the Work shall be under the exclusive control,
care and responsibility of the Contractor. Contractor shall
take every precaution against injury or damage to persons or
property by the action of the elements or from any other
cause whatsoever. The Contractor shall rebuild, repair,
restore and make good at his own expense all injuries or
damages to any portions of the Work occasioned by any of the
above, caused before its completion and acceptance.
D-13 Cleaning Up. The Contractor at all times shall keep the
premises free from accumulation of waste materials or
rubbish. At the completion of the Work he shall remove all
' his waste materials and rubbish from and about the Project
as well as all his tools , construction equipment, machinery
and surplus materials , and shall clean all glass surfaces
and leave the Work "broom-clean" or its equivalents , except
as otherwise specified. In addition to removal of rubbish
and leaving the buildings "broom-clean" , Contractor shall
clean all glass , replace any broken glass, remove stains,
spots, marks and dirt from decorated work, clean hardware,
remove paint spots and smears from all surfaces, clean
fixtures and wash all concrete, tile and terrazzo floors.
If the Contractor fails to clean up, the Owner may do so and
the cost thereof shall be charged to the Contractor as
provided in Paragraph G-6 .
D-14 Communications . As a general rule, the Contractor shall
forward all communications to the Owner through the
Engineer, and in all other instances the Contractor shall
furnish the Engineer a copy of any communication sent
directly to the Owner.
D-15 Contractor 's Responsibility for Damage Claims . Contractor
covenants and agrees to, and does hereby indemnify, hold
harmless and defend Owner, its officers, agents , servants
and employees, from and against any and all claims or suits
for property damage or loss and/or personal injury,
including death, to any and all persons, of whatsoever kind
or character, whether real or asserted, arising out of or in
connection with, directly or indirectly, the work and
services to be performed hereunder by Contractor, its
officers, agents, employees, contractors , subcontractors ,
licensees or invitees, whether or not caused, in whole or in
part, by alleged negligence on the part of officers , agents ,
servants , employees, contractors, subcontractors , licensees
and invitees of the Owner; and said contractor does hereby
covenant and agree to assume all liability and
responsibility of Owner, its officers, agents , servants and
employees for property damage or loss, and/or personal
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injuries , including death, to any and all persons of
whatsoever kind or character , whether real or asserted,
arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder
by Contractor, its officers, agents , employees , contractors ,
subcontractors , licensees and invitees , whether or not
caused, in whole or in part, by alleged negligence of
officers , agents , servants , employees , contractors ,
subcontractors , licensees or invitees of the Owner.
Contractor likewise covenants and agrees to, and does
hereby, indemnify and hold harmless Owner from and against
any and all injuries, loss or damages to property of the
Owner during the performance of any of the terms and
conditions of this Contract, whether arising out of or in
connection with or resulting from, in whole or in part, any
and all alleged acts or omissions of officers , agents,
' servants , employees, contractors , subcontractors , licensees ,
or invitees of the Owner.
In the event a written claim for damages against the
Contractor or 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 the Contractor shall not be
recommended by the City Manager for a period of 30 days
after the date of such final inspection, unless the
Contractor shall submit written evidence satisfactory to the
City Manager that the claim has been settled and a release
has been obtained from the claimant involved.
Although the claim concerned remains unsettled at the
expiration of the above 30-day period, the Contractor may be
deemed 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, and such semi-final
payment may be recommended by the City Manager.
The City Manager shall not recommend final payment to a
Contractor against whom such 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.
(1) The claim has been settled and a release has been
j obtained from the claimant involved, or
(2) Good faith efforts have been made to settle such
outstanding claims, and such good faith efforts
have failed.
GC-8
If condition (1) above is met at any time within the six
month period, the City Manager shall recommend that the
final payment to the Contractor be made . If condition (2)
above is met at any time within the six month period, the
City Manager may recommend that the final payment to the
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.
The City Manager may, if he deems it appropriate, refuse to
accept bids on City of Fort Worth Contract work from a
Contractor against whom a claim for damages is outstanding
as a result of work performed under a City contract.
' D-16 Brokering Construction Contracts . The contractor shall
perform at least 25% of the specified work in these contract
documents using his own skilled employees and laborers . The
contractor shall include an itemized listing of construction
activities to be performed entirely or partially by his
employees as part of his schedule of values . Monthly
progress payment requests submitted by the Contractor will
further document that the contractor is meeting his
requirement. No more than 75% of the construction contract
amount may be subcontracted to other firms .
SECTION E
SUBCONTRACTORS
E-1 Definition. A Subcontractor is a person or organization who
has a direct contract with the Contractor to perform any of
the Work at the site. The term Subcontractor is referred to
throughout the Contract Documents as if singular in number
and masculine in gender and means a Subcontractor or his
authorized representative.
Nothing contained in the Contract Documents shall create any
contractual relation between the Owner or the Engineer and
any Sub-contractor or any of his Sub-subcontractors or
Materialmen.
E-2 Award of Subcontracts. As part of his bid proposal the
bidder shall furnish a list of the names of the
subcontractors or other persons or organizations (including
those who are to furnish materials or equipment fabricated
to a special design) proposed for such portions of the Work
as may be designated in The bidding requirements , or if none
is so designated, the names of the Subcontractors proposed
for the principal portions of the Work. Prior to the award
of the Contract, the Engineer shall notify the successful
bidder in writing if either the Owner or Engineer, after due
investigation, has reasonable objection to any person or
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organization on such list. Failure of the Owner and
Engineer to make an objection to any person or organization
of the list prior to the award of this contract shall
constitute acceptance of such person or organization.
If , prior to the award of the Contract, the Owner or
Engineer has an objection to any person or organization on
such list, and refuses to accept such person or
organization, the apparent low bidder may, prior to the
award, withdraw his bid without forfeiture of bid security.
If such bidder submits an acceptable substitute with an
increase in his bid price to cover the difference in cost
occasioned by such substitution, the Owner, may at its
discretion, accept the increased bid price or he may
disqualify the bid. If , after the award, the Owner or
' Engineer objects in writing to any person or organization on
such list, the Contractor shall submit an acceptable
substitute and the Contract Sum shall be increased or
decreased by the difference in cost occasioned by such
substitution and an appropriate Change Order shall be
issued; however, no increase in the Contract Sum shall be
allowed for any such substitution unless the Contractor has
acted promptly and responsively in submitting a name with
respect thereto prior to the award.
The Contractor shall not contract with any Subcontractor or
any person or organization proposed for portions of the Work
designated in the bidding requirements or, if none is so
designated, with any Subcontractor proposed for the
principal portions of the Work, who has not been accepted by
yJ the Owner and the Engineer. The Contractor will not be
required to contract with any subcontractor or person or
organization against whom he has a reasonable objection.
The Contractor shall not make any substitution for any
Subcontractor or person or organization who has been
accepted by the Owner and the Engineer, unless the
substitution is also acceptable to the Owner and the
Engineer.
E-3 Terms of Subcontracts . All work performed for the
Contractor by a Subcontractor shall be pursuant to an
appropriate agreement between the Contractor and the
Subcontractor (and where appropriate between Subcontractors
and Sub-subcontractors) which shall contain provisions that:
1 (a) preserve and protect the rights of the Owner and
J the Engineer under the Contract with respect to
the Work to be performed under the subcontract so
that the subcontracting thereof will not prejudice
such rights;
b) require that such Work be performed inaccordance
with the requirements of the Contract Documents;
1 GC-10
J �
(c) require submission to the Contractor of
applications for payment under each subcontract to
which the Contractor is a party, in reasonable
time to enable the Contractor to apply for payment
in accordance with Section I;
(d) require that all claims for additional costs ,
extensions of time, damages for delays or
otherwise with respect to subcontracted portions
of the Work shall be submitted to the Contractor
(via any Subcontractor of Sub-subcontractor where
appropriate) in the manner provided in the
Contract Documents for like claims by the
Contractor upon the Owner;
' (e) waive all rights the contracting parties may have
against one another for damages caused by fire or
other perils covered by the property insurance
described in Section K, except such rights, if
any, as they may have to proceeds of such
insurance held by the Owner under Section K; and,
(f) obligate each Subcontractor specifically to
consent to the provisions of this Section E.
All of the provisions set out in this paragraph shall be
deemed to have been included in every sub-contract, and
every sub-contract shall be so construed and applied as to
the Owner and the Engineer, whether or not such provisions
are physically included in the sub-contract.
E-4 Payments to Subcontractors. The Contractor shall pay each
Subcontractor, upon receipt of payment from the Owner, an
amount equal to the percentage of completion allowed to the
Contractor on account of such Subcontractor ' s Work. The
' Contractor shall also require each Subcontractor to make
similar payments to his subcontractors.
SECTION F
SEPARATE CONTRACTS
F-1 Owner ' s Right. The Owner reserves the right to award
separate contracts in connection with other portions of the
Work. When separate contracts are awarded for other
portions of the Work, "the Contractor" in the Contract
Documents in each case shall be the contractor who signs
each separate contract.
F-2 Mutual Responsibility of Contractors. The Contractor shall
afford other contractors reasonable opportunity for the
introduction and storage of their materials and equipment
and the execution of their work and shall properly connect
and coordinate his work with theirs.
J GC-11
If any part of the Contractor ' s Work depends for er ro
P P
execution or results upon the work of any other separate
' contractor, the Contractor shall inspect and promptly report
to the Engineer any .apparent discrepancies or defects insuch
work that render it unsuitable for such proper execution and
results . Failure of the Contractor to inspect and report
shall constitute an acceptance of the other contractor ' s
work as fit and proper to receive his Work, except as to
defects which may develop in the other separate contractor ' s
' work after the execution of the Contractor ' s Work.
Should the Contractor cause damage to the work or property
of any separate contractor on the site, the Contractor
shall, upon due notice, settle with such other contractor by
agreement, if he will so settle. If such separate
' contractor sues the Owner on account of any damage alleged
to have been so sustained, the Owner shall notify the
Contractor who shall pay or satisfy such judgment and shall
reimburse the Owner for all attorney' s fees , court costs and
' expenses which the Owner has incurred in connection with
such suit.
F-3 Cutting and Patching Under Separate Contracts . The
Contractor shall do all cutting, fitting or patching of his
Work that may be required to fit it to receive or be
received by the work of other contractors shown in the
Contract Documents. The Contractor shall not endanger any
work of any other contractors by cutting, excavating or
otherwise altering any work and shall not cut or alter the
work of any other contractor except with the written consent
of the Engineer.
' Any costs caused by defective or ill-timed work shall be
borne by the party responsible therefor.
F-4 Owner ' s Right to Clean Up. If a dispute arises between the
separate contractors as to their responsibility for cleaning
up as required by Paragraph D-13, the Owner may clean up and
charge the cost thereof to the several contractors as the
ICity Manager shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 Conflict of Laws. The contract shall be governed by the
I law of the place where the site is located. The Contractor
must familiarize himself and strictly comply with all
Federal, State, and County and City Laws , Statutes , Charter,
I Ordinances , Regulations, or Directives controlling the
action or operation of those engaged upon the work affecting
the materials used. He shall indemnify and save harmless
I the City and all of its officers and agents against any
claim or liability arising from or based on he violation of
GC-12
any such Laws , Statutes , Charter , Ordinances , Regulations ,
or Directives , whether by himself , his employees , agents or
subcontractors .
G-2 Personal Liability of Public Officials . In performing their
duties under the Statutes of the State of Texas and the
Charter and Ordinances of the City of Fort Worth in
connection with this Contract, or in exercising any of the
powers granted the Owner herein, the officers , agents and
employees of the City of Fort Worth are engaged in the
performance of a governmental function and shall not incur
any personal liability by virtue of such performance
hereunder, except for gross negligence or willful wrong.
G-3 Successors and Assigns . Except as provided in Paragraph
E-2, this contract shall be binding upon and inure to the
benefit of the parties sublet all or any part of this
Contract or his rights or duties hereunder without the prior
written consent of the Owner. Any such purported assignment
or subletting without the prior consent of Owner shall be
void. `
G-4 Written Notice. Written Notice shall be deemed to have been
duly served if delivered in person to the individual or
member of the firm or to an officer of the corporation for
whom it was intended, or if delivered at or sent by
registered or certified mail to the last business address
known to him who gives the notice.
G-b Performance Bond and Labor and Material Payment Bond. The
Contractor shall, on the execution of the Contract, and
before beginning work, make, execute, and deliver to the
Owner and pay the premium for statutory surety bonds in a
sum equal to one hundred per cent of the total contract
price. In this connection, the Contractor shall furnish a
' Performance Bond as well as a Payment Bond both in a sum
equal to the total contract price. The form of the bond
shall be as provided in the Contract Documents and the
surety shall be a reputable company acceptable to the Owner.
G-6 Owner ' s Right to Carry Out the Work. If the Contractor
defaults or neglects to carry out the Work in accordance
with the Contract Documents or fails to perform any
provision of the Contract, the Owner may, without prejudice
to any other remedy he may have, enter the site and make
good such deficiencies . In such case an appropriate Change
Order shall be issued deducting from the payments then or
thereafter due the Contractor the cost of correcting such
deficiencies , including the cost of the Engineer ' s
additional services made necessary by such default, neglect
or failure. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the
Contractor shall pay the difference to the Owner.
GC-13
G-'/ Royalties and Patents . The Contractor shall pay all
royalties and license fees . He shall defend all suits or
claims for infringement of any patent rights and shall save
the Owner harmless from loss on account thereof and shall be
responsible for all such loss when a particular design,
process or the product of a particular manufacturer or
manufacturers is specified; however, if the Contractor has
reason to believe that the design, process or product
specified is an infringement of a patent, he shall be
responsible for such loss unless he promptly gives such
information to Engineer.
G-8 Existing Overhead or Underground Work. The Contractor
shall carefully check the site where the project is to be
erected and observe any existing overhead wires and
' equipment. Any such work shall be moved, replaced or
protected, as required, whether or not shown or specified.
Attention is directed to the possible existence of pipe and
other underground improvements which may or may not be shown
on the Drawings . All reasonable precautions shall be taken
to preserve and protect any such improvements whether or not
shown on the Drawings .
Locations of existing underground lines, shown on the
Drawings are based on the best available sources, but are to
be regarded as approximate only. Exercise extreme care in
locating and identifying these lines before excavation in
adjacent areas .
G-9 Cleaning Up. During construction: At all times during the
course of construction, keep the premises free from
accumulation of waste material or rubbish caused by
employees or as a result of the work.
G-10 Dust Control . Precaution shall be exercised at all times
to control dust created as a result of any operations during
the construction period. If serious problems and/or
complaints arise due to air-borne dust, and when directed by
the Engineer, operations causing such problems shall be
temporarily discontinued and necessary steps taken to
control the dust.
G-11 Fire Protection. The contractor shall at all times
maintain good housekeeping practices to reduce the risk of
I� fire damage and/or injury to workmen. All scrap materials,
rubbish and trash shall be removed daily from on and about
the site and shall not be permitted to be scattered on
adjacent property.
A fire extinguisher shall be available at each location
where cutting or welding is being performed. Where electric
or gas *welding or cutting work is done, interposed shields
of incombustible material shall be used to protect against
l GC-14
fire damage due to sparks and hot metal . When temporary
heating devices are used, a watchman shall be present to
'S cover periods when other workmen are not on the premises.
The Contractor shall provide fire extinguishers in
� 1 accordance with the recommendations and NFPA Bulletins Nos .
10 and 241 . However, in all cases a minimum of two fire
extinguishers shall be available on site.
a SECTION H
CONTRACT TIME
H-1 Definitions. The Contract Time is the period of time
allotted in the Contract Documents for completion of the
work.
The date of commencement of the Work is the date established
in a notice to proceed. If there is no notice to proceed,
it shall be the date of the Agreement or such other date as
may be established therein.
The Date of Completion of the Work or designated portion
thereof is the Date certified by the Owner that construction
is sufficiently complete, in accordance with the Contract
Documents , so the Owner may occupy the Work or designated
portion thereof for the use for which it is intended. Final
acceptance of the completed work or any portion thereof can
be made only by the City Council of the City of Fort Worth,
and no other form of acceptance will be binding upon the
Owner.
A calendar day constitutes twenty-four (24) hours of time
and is any one of the seven days of a week, including
Sunday, regardless of whether a "Working Day" or not, and
' regardless of weather conditions or any situation which
might delay construction. An extension of contract time
shall be in accordance with this Section. Extensions of
time will be as recommended by the Engineer with final
approval by the Owner.
A working day is defined as a calendar day, not including
Saturdays, Sundays, and legal holidays, in which weather or
other conditions not under the control of the Contractor
permit the performance of work for a continuous period of
not less than seven (7) hours between 7 : 00 a.m. and 6:00
p.m. However, nothing in these Contract Documents shall be
construed as prohibiting the Contractor from working on
Saturdays if he so desires. Should the Contractor choose to
work on Saturdays, one day will be charged as contract
working time when weather or other conditions permit seven
(7) hours of work as delineated above. Legal holidays are
defined as being New Year' s Day, Independence Day, Labor
Day, Thanksgiving Day, Christmas Day, Memorial Day, and
GC-15
Veteran ' s Day.
H-2 Progress and Completion. All the time limits stated in the
Contract Documents are of the essence of the Contract.
The Contractor shall begin the Work on the date of
commencement as defined in this Section. He shall carry the
Work forward expeditiously with adequate forces and shall
complete it within the Contract Time.
H-3 Delays and Extensions of Time. If the Contractor is delayed
at any time in the progress of the Work by any act or
neglect of the Owner or by any employee of the Owner, or by
any separate contractor employed by the Owner, or by changes
ordered in the Work, or by labor disputes, fire , unusual
delay in transportation, unavoidable casualties or any
causes beyond the Contractor's control, or by any cause
which the Owner determines may justify the delay, then the
Contract Time may be extended by Change Order for such
reasonable time as recommended by the Engineer and approved
by the Owner. When the Contractor is delayed due to
abnormal weather conditions , the Weather Table provided as
WT-1 in these Contract Documents shall be used as the basis
for providing a fair and equitable adjustment of the
contract time.
All claims for extension of time shall be made in writing to
the Engineer no more than fifteen days after the occurrence
of the delay; otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon
which written interpretations as set forth in Paragraph A-8
shall be furnished, then no claim for delay shall be allowed
on account of failure to furnish such interpretation until
fifteen days after demand is made for them, and not then
unless such a claim is reasonable.
H=4 Damages for Delay. The Contractor shall receive no
compensation for delays or hindrances to the work, except
when direct and unavoidable extra cost to the Contractor is
caused by the failure of the City to provide information or
material , if any, which is to be furnished by the City.
When such extra compensation is claimed a written statement
thereof shall be presented by the Contractor to the Engineer
and if by him found correct shall be approved and referred
by him to the Council for final approval or disapproval; and
the action thereon by the Council shall be final and
binding. If delay is caused by specific orders given by the
Engineers to stop work, or by the performance of extra work,
or by ; the failure of the City to provide material or
necessary instructions for carrying on the work, then such
delay will entitle the Contractor to an equivalent extension
of time, his application for which shall, however, be
subject to the approval of the City Council; and no such
GC-16
extension of time shall release the Contractor or the surety
on his performance bond from all his obligations hereunder
which shall remain in full force until the discharge of the
contract.
SECTION I
PAYMENTS AND COMPLETION
I-1 Contract Sum. The Contract Sum is stated in the proposal
as accepted and is the total amount payable by the Owner to
the Contractor for the performance of the Work under the
contract Documents .
I-2 Progress Payments. On the first day of each month after
' the first month's work has been completed, the Contractor
will make current estimates in writing of the amount of work
performed during the preceding month or period and the value
thereof at the prices contracted for as shown in the
Proposal and Progress Schedule.
The Contractor shall make application for payment on present
properly prepared Progress Payment Request form, and attach
thereto AIA Document G703, "Continuation Sheet" , to indicate
the progress made to date and the period or month for which
payment is requested for each Item listed in the Schedule of
Values. Also, a copy of the revised monthly work progress
schedule (Para. D-11) must be attached before the pay
request can be accepted.
The Owner shall approve or disapprove same with ten (10)
days after it has been delivered to the City Manager. For
' contracts less than $400,000, Owner shall pay 90% of the
approved estimate to the Contractor within seven (7) days
after its approval, and the remaining 10% of each such
' estimate will be retained by the Owner until the final
estimate is approved and the Work is accepted by the City
Council of the City of Fort Worth. For contracts in excess
of $400, 000, the Owner will retain only 5% of each estimate
until the final estimate is approved and work accepted by
the City Council of the City of Fort Worth.
No progress payment, nor any partial or entire use of
occupancy of the Project by the Owner, shall constitute an
acceptance of any Work not in accordance with the contract
Documents , or relieve the Contractor of liability in respect
to any warranties or responsibility for any defects in the
Work. The Contractor shall promptly remedy any defects in
the Work.
I-3 Payments Withheld. The Owner may decline to approve an
Application for Payment in whole or in part to the extent as
J may be necessary in his opinion to prevent loss because of:
J a) defective work not remedied;
GC-17
b) claims filed or reasonable evidence indicating
probable filing of claims;
c) failure of the Contractor to make payments
properly to Subcontractors, or for labor,
materials or equipment;
d) reasonable doubt that the Work can be completed
for the unpaid balance of the Contract Sum;
e) damage to another contractor;
f) reasonable indication that the Work will not be
completed within the Contract Time; or
g) unsatisfactory prosecution of the Work by the
Contractor.
When such grounds for the refusal of payment are removed,
payment shall be made for amounts withheld because of them.
The Owner reserves the right to withhold the payment of any
monthly estimate, without payment of interest, if the
Contractor fails to perform the Work in accordance with the
specifications or instructions of the Owner.
I-4 Substantial Completion and Final Payment. When the Con-
tractor determines that the Work is complete , he should
request a final inspection. When the Owner, on the basis of
an inspection, determines that the Work is complete, he will
then prepare a Certificate of Acceptance which shall
' establish the Date of Completion, therein, said time to be
within the Contract Time unless extended pursuant to Section
H. The Contract Time shall be considered ended upon the
Date of Acceptance.
Final payment and release of the retainage amount will
become due within 30 days following approval by the City
Council of the City of Fort Worth in accepting the work as
complete.
Neither the final payment nor the remaining retained
percentage shall become due until the Contractor submits to
the Owner (1) an Affidavit that all payrolls, bills for
materials and equipment, and other indebtedness connected
with the Work for which the Owner or his property might in
any way be responsible, have been paid or otherwise
satisfied, (2) consent of surety, if any, to final payment
and, (3) if required by the Owner, other data establishing
payment or satisfaction of all such obligations, such as
receipts, releases and waivers of liens arising out of the
Contract, to the extent and in such form as may be
designated by the Owner. If any Subcontractor, materialman
or laborer refuses to furnish a release or waiver required
GC-18
by the Owner, the Contractor may, at the election of the
Owner, furnish a bond satisfactory to the Owner to indemnify
him against any right, claim or lien which might be asserted
by such Subcontractor, materialman or laborer. If any such
right, claim or lien remains unsatisfied after all payments
are made, the Contractor shall refund to the Owner all
monies that the latter may be compelled to pay in
discharging such right, claim or lien, including all costs
and reasonable attorney's fees .
The acceptance of final payment shall constitute a waiver of
all claims by the Contractor except those previously made in
writing and still unsettled.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 Safety Precautions and Programs . The Contractor shall be
responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work.
J-2 Safety of Persons and Property. The Contractor shall take
all reasonable precautions for the safety of, and shall
provide all reasonable protection to prevent' damage, injury
or loss to:
a) all employees on the Work and all other persons
who may be affected thereby;
tb) all the Work and all materials and equipment to be
incorporated therein, whether in storage on or off
the site, under the care, custody or control of
the Contractor or any of his Subcontractors or
Sub-contractors; and
c) other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated
for removal , relocation or replacement in the
course of construction.
Until acceptance of the Work, it shall be under the charge
and care of the Contractor, and he shall take every
precaution against injury or damage to the Work by the
action of the elements or from any other cause whatsoever,
whether arising from the execution or from the non-execution
of the Work. The Contractor shall rebuild, repair, restore
and make good, at his own expense, all injuries or damages
to any portion of the Work occasioned by any of the above,
caused before its completion and acceptance.
GC-19
The Contractor shall comply with all applicable Laws ,
Ordinances, Rules, Regulations and Orders of any public
authority having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss. He
shall erect and maintain, as required by existing conditions
and progress of the Work, all reasonable safeguards for
safety and protection, including posting danger signs and
other warnings against hazards , promulgating safety
regulations and notifying owners and users of adjacent
utilities .
When the use or storage of explosives or other hazardous
materials or equipment is necessary for the execution of the
' Work, the Contractor shall exercise the upmost care and
shall carry on such activities under the supervision of
properly qualified personnel.
All damage or loss to any property referred to in the
preceding paragraphs caused in whole or in part by the
Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose
acts any of them may be liable, shall be remedied by the
Contractor, including damage or loss attributable to faulty
Drawings or Specifications and acts or omissions of the
Engineer or anyone employed by him of for whose acts he may
be liable, and no attributable to the fault or negligence of
the Contractor, but in no event shall the Owner be liable to
the Contractor or anyone claiming through the Contractor for
such damage or loss.
' The Contractor shall designate a responsible member of his
organization at the site whose duty shall be the prevention
of accidents . This person shall be the Contractor' s
superintendent unless otherwise designated in writing by the
Contractor to the Engineer.
The Contractor shall not load or permit any part of the Work
to be loaded so as to endanger its safety.
J-3 Emergencies. In any emergency affecting the safety of
persons or property, the Contractor shall act at his
discretion to prevent threatened damage, injury or losss .
Any additional compensation or extension of time claimed by
the Contractor on account of emergency work shall be
determined as provided in Section L, Changes in the Work.
SECTION R
INSURANCE
R-1 Insurance Required. The Contractor shall not commence Work
under this Contact until he has obtained all insurance
required under this Section and such insurance has been
1 approved by the Owner, nor shall the Contractor allow any
J GC-20
Subcontractor to commence Work on this Subcontract until all
similar insurance of the Subcontractor has been so obtained
and approved.
K-2 Compensation Insurance. The Contractor shall take out and
maintain during the life of this Contract Workmen' s
Compensation Insurance for all of his employees at the site
of the Project, and in case any work is sublet, the
Contractor shall require the subcontractors similarly to
provide Workmen' s Compensation Insurance for all of the
latter 's employees unless such employees are covered by the
protection afforded by the Contractor. In case any class of
employees engaged in hazardous work under this Contract at
I the site of the Project is not protected under the Workmen' s
Compensation statute, the Contractor shall provide and shall
cause each Subcontractor to provide adequate and suitable
insurance for the protection of his employees not otherwise
protected.
K-3 Public Liability and Property Damage Insurance. The
Contractor shall take out and maintain during the life of
this Contract such Public Liability and Property Damage
Insurance (on an occurrence basis) as shall protect him, the
Owner and any Subcontractor performing work covered by this
Contract, from claims for damages for personal injury,
including accidental death, as well as from claims for
personal damages , which may arise from operations under this
Contract, including blasting, when blasting is done on, or
in connection with the Work of the Project, whether such
operations be by themself or by any Subcontractor or by
anyone directly or indirectly employed by either of them and
the amounts of such insurance shall be not less than the
following:
1. Commercial General Liability (CGL) Policy -
$1,000, 000 per occurrence
$2, 000.000 annual aggregate
2. Workers ' Compensation -
a. Statutory Limits for Workers ' Compensation
b. Employer's Liability
$500,000 each accident/disease-policy limit/
disease-each employee
3. Automobile Liability -
a. Liability: Bodily Injury each person $250,000;
each accident $500, 000
Property Damage each accident $100, 000
(or equivalent, if coverage is written on a
combined single limit basis)
b. Medical Payments: each person $10,000
C. Personal Injury Protection (PIP) : each person
$2, 500
GC-21
d. Uninsured/Underinsured Motorist:
Bodily Injury each person $20 , 000
Bodily Injury each accident $40, 000
Property Damage each accident $15, 000
The City of Fort Worth's Risk Manager is hereby authorized
to reduce the requirements set forth above in the event he
determines that such reduction is in the City' s best
interest.
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 the Risk Manager of The City of Fort Worth. Each
insurance policy required by this contract shall contain the
following clauses:
"This insurance shall not be cancelled, modified,
limited in scope or coverage, or non-renewed until
after thirty (30) days prior written notice has been
given to the Risk Manager, City of Fort Worth 1000
Throckmorton, Fort Worth, Texas 76102. "
Each insurance policy required by this contract, except for
policies for Workers ' compensation, shall contain the
following clause:
"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. "
Prior to commencing any work under this contract, the
Contractor shall deliver to the City of Fort Worth insurance
certificates confirming the existence of the insurance
required by this contract, and including applicable clauses
referenced above.
SECTION L
CHANGES IN THE WORK
L-1 Change Order. The Owner, without invalidating the Contract,
may order Changes in the Work within the general scope of
the Contract consisting of additions , deletions or other
revisions, the Contract Sum and the Contract Time being
adjusted accordingly. All Such Changes in the Work shall be
authorized by Change Order, and shall be executed under the
applicable conditions of the Contract Documents .
L-2 Claims for Additional Cost or Time. If the Contractor
wishes to make a claim for an increase in The Contract Sum
GC-22
or an extension in the Contract Time, he shall give the
Owner written notice thereof within a reasonable time after
the occurrence of the event giving rise to such claim. This
notice shall be given by the Contractor before proceeding to
execute the Work, except in an emergency endangering life or
property in which case the Contractor shall proceed in
accordance with Section J. No such claim shall be valid
unless so made.
L-3 Minor Changes in the Work. The Owner shall have authority
to order minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the
Contract Time and not inconsistent with the intent of the
Contract Documents. Such changes may be effected by Field
' Order or by other written order. Such changes shall be
confirmed in writing by the Owner and shall be binding on
the Owner and the Contractor.
L-6 Increased or Decreased Quantities. The Owner reserves the
right to alter the quantities of the work to be performed or
to extend or shorten the improvements at any time when and
as found to be necessary, and the Contractor shall perform
the work as altered, increased or decreased at the unit
prices. Such increased or decreased quantity shall not be
more than 25 percent of the contemplated quantity of such
item or items. When such changes increase or decrease the
original quantity of any item or items of work to be done or
materials to be furnished by the 25 percent or more, then
either party to the contract shall upon written request to
the other party be entitled to a revised consideration upon
' that portion of the work above or below the 25 percent of
the original quantity stated in the proposal, such revised
consideration to be determined by special agreement. No
allowance will be made for any changes in anticipated
profits nor shall such changes be considered as waiving or
invalidating any conditions or provisions of the Contract
Documents .
L-5 Field Orders. The Owner may issue written Field Orders
which interpret the Contract Documents in accordance with
Section A, or which order minor changes in the Work in
accordance with Section L without change in Contract Sum or
Contract Time. The Contractor shall carry out such Field
Orders promptly.
SECTION M
TERMINATION OF THE CONTRACT
M-1 Termination by the Contractor. If the work is stopped for a
period of thirty days under an order or any count or other
public authority having jurisdiction, through no act or
fault of the Contractor or a Subcontractor or their agents
or employees or any other persons performing any of the work
GC-23
under a contract with the Contractor, or if the work should
be stopped for a period of thirty days by the Contractor for
the Owner' s failure to make payment thereon as provided in
Section I, then the Contractor may after the end of such
period of thirty (30) days and upon seven (7) additional
days ' written notice to the Owner and the Engineer,
terminate the Contract.
M-2 Termination by the Owner. If the Contractor is adjudged as
bankrupt, or if he makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on
account of his insolvency, or if the Contractor refuses,
except in cases for which extension of time is provided, to
' supply enough properly skilled workmen or proper materials ,
or if he fails to make prompt payment to Subcontractors or
for materials or labor, or fails to comply with all Laws ,
Statutes, Charter, Ordinances , Regulations or Orders of any
public authority having jurisdiction, or otherwise is guilty
of a substantial violation of a provision of the Contract
Documents, then the Owner, on its own initiative, may,
without prejudice to any right or remedy and after giving
the Contractor and his surety, if any, seven (7) days
written notice, terminate the employment of the Contractor
and take possession of the site and of all materials ,
equipment, tools, construction equipment and machinery
thereon owned by the Contractor and may finish the work by
whatever method he may deem expedient. In such case the
Contractor shall not be entitled to receive any further
payment until the Work is finished.
If the costs of finishing the Work exceed the unpaid balance
of the Contract, the Contractor shall pay the difference to
the Owner.
SECTION N
TEMPORARY FACILITIES
N-1 Scope. The contractor shall furnish, erect, and maintain
facilities and perform temporary work required in the
performance of this Contract, including those shown and
specified.
N-2 Use of Temporary Facilities. All temporary facilities
shall be made available for use by all workmen and
subcontractors employed on the project, subject to
reasonable directions by the Contractor as to their proper
and most efficient utilization.
N-3 Maintenance and Removal. The Contractor shall maintain
temporary facilities in a proper, safe operating and
sanitary condition for the duration of the Contract. Upon
completion of the Contract, all such temporary work and
facilities shall be removed from the premises and disposed
GC-24
of unless otherwise directed or specified hereunder.
N-4 Field Offices and Sheds . The Contractor shall provide a
temporary field office building for himself, his
subcontractors and use by the Engineer. For construction
contracts with a bid price in excess of $1 , 000, 000, the
Contractor shall provide a separate field office for the
City ' s field representative (but the separate office may be
in the same structure) . The buildings shall provide
protection against the weather, and each office shall have a
lockable door, at least one window, adequate electrical
outlets and lighting, and a shelf large enough to
accommodate perusal of the project drawings . Openings shall
have suitable locks. Field offices shall be maintained for
the full time during the operation of the work of the
' Contract. During cold weather months, the field offices
shall be suitably insulated and equipped with a heating
device to maintain 70 degree Fahrenheit temperature during
the work day. During warm weather the offices shall be
equipped with an air conditioning device to maintain
temperature below 75 degrees F. Upon completion of the work
of the Contract, the Contractor shall remove the building
from the premises. In addition to the drawing shelf,
provide for the City field representatives office: one
desk, four chairs , plan rack and a four drawer filing
cabinet (with lock) . Each office shall contain not less
than 120 square feet of floor space.
The Contractor shall provide and maintain storage sheds ,
other temporary buildings or trailers on the project site as
required for his use. Location of shed and trailers shall
be as approved by the Engineer. Remove sheds when work is
' completed, or as directed.
N-5 Telephone. The Contractor shall provide and pay for
telephone installation and service to the field offices
described above. Service shall be maintained for the
duration of operations under this contract. The Contractor
shall provide for and pay for an automatic telephone
answering device at the site office for the duration of the
project. The contractor shall provide a separate telephone
line, and instrument for use by the City's field
1 representatives.
J N-6 Toilet Facilities. The Contractor shall provide proper,
sanitary and adequate toilet facilities for the use of all
workmen and subcontractors" employed on the project.
N-7 Utilities. Contractor shall make all necessary
arrangements and provide for temporary water and electricity
required during the construction. Contractor shall provide
and install temporary utility meters during the contract
construction period. These meters will be read and the
Contractor will be billed on his actual use. The Contractor
] GC-25
'1
shall provide all labor and materials required to tap into
the utilities . The Contractor shall make the connections
and extend the service lines to the construction area for
use of all trades . Upon completion of the work all utility
lines shall be removed and repairs made to the existing
lines. Only utilities at existing voltages , pressures ,
frequencies , etc. will be available to the Contractor.
Water. Provide an ample supply of potable water for
all purposes of construction at a point convenient to
the project or as shown on the Drawings. Pipe water
from the source of supply to all points where water
will be required. Provide sufficient hose to carry
water to every required part of the construction and
allow the use of water facilities to subcontractors
' engaged on the work. Provide pumps, tanks and
compressors as may be required to produce required
pressures .
Electric Service. Provide adequate electric service
for power and lighting to all points where required.
Temporary, electric service shall be of sufficient
capacity and characteristics to supply proper current
for various types of construction tools , motors ,
welding machines, lights, heating plant, air
conditioning system, pumps, and other work required.
Provide sufficient number of electric outlets so that
50 foot long extension cords will reach all work
requiring light or power.
Supply and maintain temporary lighting so that work of
all trades may be properly and safely performed, in
such areas and at such time that day-lighting is
inadequate. Provide at least 0.75 watts of
incandescent lighting per square foot and maintain a
socket voltage of at least 110 volts. Use at least 100
watt lamps . In any event, the lighting intensity shall
not be less than 5 volt candles in the vicinity of work
and traffic areas.
N-8 Heating. Heating devices required under this paragraph
shall not be electric.
The Contractor - shall provide heat, ventilation, fuel and
services as required to protect all work and materials and
to keep the humidity down to the extent required to prevent
corrosion of any metal and to prevent dampness or mildew
which is potentially damaging to materials and finishes .
All such heating, ventilation and services shall be provided
and maintained until final acceptance of all work. In
addition, the Contractor shall provide heat and ventilation
prior and during the following work operations as follows:
a. At all times during the placing, setting and
GC-26
curing of concrete provide sufficient heat to
insure the heating of the spaces involved to not
less than 40°F.
b. From the beginning of the application of drywall
and during the setting and curing period, provide
sufficient heat to produce a temperature in the
spaces involved of not less than 55°F.
C. For a period of seven (7) days previous to the
placing of interior finish materials and
throughout the placing of finish painting,
decorating and laying of resilient flooring
materials, provide sufficient heat to produce a
temperature of not less than 68°F.
d. After finishing trades are completed and until
final acceptance of the work or until full
occupancy by the Owner, provide a temperature of
not less than 60°F.
N-9 Temporary Construction, Equipment and Protection
a. The Contractor shall provide, maintain, and remove
upon completion of the work all temporary rigging,
scaffolding, hoisting equipment, rubbish chutes ,
ladders to roof, barricades around openings, and
all other temporary work as required to complete
all work of the Contract. Contractor shall
coordinate the use and furnishing of scaffolds
with his sub-contractors.
I b. The Contractor shall provide, maintain, and remove
upon completion of the work, or sooner, if
authorized by the Engineer, all fences ,
barricades, lights, shoring, pedestrian walkways ,
temporary fire escapes , and other protective
structures or devices necessary for the safety of
workmen, City employees, equipment, and the public
and property.
C. All temporary construction and equipment shall
conform to all regulations, ordinances, laws and
other requirements of the authorities having
jurisdiction, including insurance companies, with
regards to safety precautions, operation and fire
hazard.
d. Pumping: The Contractor shall provide and
maintain pumping facilities, including power, for
keeping the site, excavations and structure free
of accumulations of water at all times, whether
from underground seepage, rainfall, drainage of
broken lines.
1 GC-27
e. Unauthorized Entry: The Contractor shall maintain
provision for closing and locking the building at
such time as possible to do so. If this is not
feasible, maintain a night watchman on the
premises or take other approved measures to
safeguard the building against unauthorized entry.
f. Temporary Walls, Closures and Barricades: The
Contractor shall provide and maintain all
barricades or enclosures, required to protect the
work in progress from outside elements , dusts, and
other disturbances as a result of work under this
Contract. Such protections shall be positive,
shall meet the approval of the Engineer and shall
be maintained for the duration of the construction
' period or as required to provide for the
protection as specified.
N-10 Project Bulletin Board. The Contractor shall furnish,
install and maintain during the life of the project a
weathertight bulletin board approximately 3 feet high by 5
feet wide having not less than two hinged or sliding glass
doors with provisions for locking. The bulletin board shall
be mounted where and as approved by the Engineer, in a
prominent place accessible to employees of the Contractor
and sub-contractors, and to applicants for employment. The
bulletin board shall remain the property of the Contractor
and shall be removed by him upon completion of the Contract
work. The following information which will be furnished by
the City to the Contractor, shall be posted on the bulletin
board and shall be maintained by the Contractor in easily
readable condition at all times for the duration of the
Contract.
a. The Equal Opportunity Poster and Notice Non-
discrimination of Employment (Standard Form 38) .
b. Wage Rate Information Poster (Form SOL 155) , with
the Contract Schedule of minimum wage rates as
required by the Davis-Bacon Act.
C. Safety Posters.
N-11 Hard Hat. Hard Hats will be required at all construction
sites included in this Contract from start to completion of
work. Each Contractor, employee and visitor at any
construction site included in the Contract will be required
to wear a hard hat. The Contractor shall enforce the
wearing of hard hats by Contractor, employees and visitors.
These requirements are in addition to the Accident
Prevention Clause in the General Conditions of the Contract.
Contractor shall provide ten hard hats for use by the Owner,
Engineers and Visitors.
GC-28
SPECIAL PROVISIONS
1 FOR: MEACHAM AIRPORT UST REMOVAL
PROJECT NO. 043809-00
SECTION A
' UNDERGROUND STORAGE TANK REMOVAL
PART 1 GENERAL
' 1 .01 DESCRIPTION
The work consists of removal of 12 steel underground storage
' tanks and associated piping. (See Attached Exhibits A-G) The
tanks are located at Meacham Airport in Fort Worth, Texas. The
City of Fort Worth site number is 210 .
' TANK DESCRIPTION
South Tank Facility
Tank # Tank Capacity Product
1 12, 000 gallon Jet A
' 2 12, 000 gallon Jet A
3 12, 000 gallon Abandoned with approx.
1000 gallon contami-
nated fuel Mixture
4 12, 000 gallon Jet A
' Center Tank Facility
Tank # Tank Capacity Product - 100 LL AVGAS
' 1 10, 000 gallon Abandoned filled with water
2 10, 000 gallon Abandoned filled with water
3 10 , 000 gallon Abandoned filled with water
4 12 , 000 gallon Abandoned filled with water
North Tank Facility
ITank # Tank Capacity Product
1 10, 000 gallon 100 Low Lead
I 2 10 , 000 gallon 100 Low Lead
3 2, 000 gallon unleaded
Waste Oil (See Exhibit B for location)
Tank # Tank Capacity
1 unknown capacity
I SP-1
1 . 02 WORK INCLUDED
A. Demolition and removal of fencing, shut-down/remove
electrical materials .
B. Removal and disposal of contaminated liquids in tanks .
C. Demolition of existing reinforced concrete and asphaltic
concrete paving to expose tanks and underground piping.
D. Purging and/or inerting of tank vapors .
E. Tank exhumation, cleaning and disposal .
F. Tank hole backfill removal , chemical analysis of backfill
for disposal classification and disposal at a Class II non-
' hazardous landfill .
G. Contaminated soil removal , chemical analysis for disposal
classification and proper disposal at a Class II non-
hazardous landfill .
H. Backfilling of all excavations with clean fill materials and
statement of origin for clean fill materials .
I . Pavement repair and/or replacement.
J. Destruction of tanks and manifest tank disposal .
K. Air monitoring for safety of Contractor ' s employees .
1. 03 WORK NOT INCLUDED
A. Engineer will provide composited backfill soil sample to
Contractor for disposal characterization.
I B. Chemical analysis of clean soils and backfill for regulatory
verification of tank closure .
C. Chemical analysis and removal of ground water as defined by
Engineer. This does not include minor amounts of water
trapped in the tank hold or rainwater which runs off into
the tankhold during tank closure operations .
D. Notification to appropriate regulatory agencies of proposed
construction and removal .
J
J
SP-2
1 . 04 NOTIFICATIONS AND PERMITS
A. The Owner will provide prior notice of this activity to the
regulatory agencies listed below. Notification will be
provided 30 days prior to construction activities . The
agencies which require notification are as follows :
Texas Water Commission
TWC District Office #4
1019 North Duncanville Rd.
Duncanville , Texas
City of Fort Worth Fire Department
1 . 05 PRE-JOB SUBMITTALS
The Contractor shall provide the following:
' A. City of Fort Worth Fire Department Tank Removal Permit .
B. Site safety and Emergency Procedure Plans .
C. Insurance Certificates issued to Owner by Contractor ' s
insurance carrier listing all coverages as specified on the
Certificate of Insurance Form.
D. All required permits , site location, and arrangements for
transport and disposal of petroleum hydrocarbon contaminated
materials . Submit sworn certification by contractor that
landfill, injection well or treatment facility meet all
Environmental Protection Agency and State regulatory
standards .
E. Sworn documentation from Contractor that each and every
employee to be utilized on the Project has had instruction
on the hazards of exposure to petroleum hydrocarbons and the
safety measures and equipment for mitigation of explosion
hazards (Contractor Occupational Safety and Health
Certification Standard Form 1 (SF1) ) .
F. Individually signed and sworn Certificate of Worker ' s
Release Form for each and every worker to be utilized on the
Project by Contractor or Subcontractor (SF2) .
G. Sworn certification that the electrical equipment to be used
in the area is explosion proof in accordance with NFPA 70B
Class 1 , Division 1 .
H. Obtain all additional permits prior to beginning any work.
Where required, Contractors must be approved by local
authorities . Contractors , Subcontractors , and their
employees responsible for tank abandonment or removal shall
be familiar with: (a) all applicable safety rules and
regulations, (b) the use of equipment and procedures
for testing and vapor-freeing tanks, (c) the handling and
SP-3
disposal of the types of wastes likely to be encountered,
and (d) the applicable sections of the reference standards .
1 . 06 POST-JOB SUBMITTALS
A. Sworn waste log showing date, type of container (s) removed
from work area, signature of recorder, and time of day.
B. Manifests from disposal company which acknowledge the
Contractor ' s deliveries of waste material . Manifests shall
include date , quantity of material delivered, and signature
of authorized representative. (SF3)
C . A sworn copy of the Sign In/Out Log showing the following:
date, name, social security number, entering and leaving
time, company or agency represented and reason for entry for
' all persons entering the work areas .
D. An alphabetical listing of each employee used on the Project
and the exact dates on which present in the work areas .
E. Bill of sale (SF5) or other documentation which transfers
the ownership of the tank and appurtenances .
1 . 07 REFERENCE STANDARDS
A. Acknowledge , by execution of the Contract, awareness and
familiarity with the contents and requirements of the
following regulations , codes , standards , and guidance
documents . Assume responsibility for the performance of the
Work in strict compliance with these documents and for every
instance of failure to comply with these documents . The
current issue of each document shall govern . Where
conflict exists between these documents and the Contract
Documents , the more stringent requirements shall apply.
1 . Title 31 , TAC Chapter 334 , Subchapters C and I , new
' regulation for USTs , (334 . 55 & 334 . 201) .
2 . American Petroleum Institute ' s (API) Recommended
Practice 1604 , Removal and Disposal of Used
Underground Petroleum Storage Tanks , 1987 .
3 . API Publication 2015, Cleaning Petroleum Storage Tanks ,
1985.
4 . API Publication 2217A, Guidelines for Work in Inert
Confined Spaces in the Petroleum Industry, 1987 .
5. API Publication 2219 , Safe Operating Guidelines for
1 Vacuum Trucks in Petroleum Service, 1986.
J 6 . Occupation Safety & Health Administration (OSHA) 2226,
Excavation & Trenching Operations , 1985.
1 SP-4
7 . National Institute for Occupational Safety and Health
(NIOSH) , Criteria for Recommended Standard. . .
Working in Confined Spaces , 1979 .
8 . NIOSH Publication 87-113 , A Guide to Safety in Confined
Spaces . 1987 .
9 . National Fire Protection Association (NFPA) 69 ,
Explosion Prevention Systems , 1986 . (table with minimum
oxygen levels necessary to support combustion for
various products)
10 . NFPA 77 , Recommended Practices on Static Electricity,
1988 .
11 . NFPA 327 , Cleaning Small Tanks and Containers , 1987 .
' 12 . NFPA 306 , Control of Gas Hazards on Vessels , 1987 .
(practical procedures for vapor-freeing tanks and
testing guidance)
13 . National Leak Prevention Association (NLPA) Standard
631 , Spill Prevention Minimum Ten Year Life Extension
of Extension of Existing Steel Underground Tanks
by Lining Without the Addition of Cathodic Protection.
(cleaning procedures)
14 . Occupational Safety & Health Administration 40 CFR 1926.
Training Requirements for the construction industry,
applicable sections .
15. Environmental Protection Agency Standard Methods of
Testing (SW 846) for: Benzene, Ethylbenzene, Toulene,
' Xylene, (BETX) (Method 8020) Total Petroleum
Hydrocarbons (TPH) (Method 418 . 1) , Lead (Method 7421) .
16 . Uniform Fire Code, Article 79, Flammable and Combustible
Liquids , 1988 Edition, Pg. 215-317 .
1 . 08 TEST REPORTS
A. Results of tests of contaminated soils and liquids to be
disposed of within the scope of this Project and the test
procedures used shall be documented. However, Contractor is
cautioned that, should interpretations be made , opinions be
formed, and conclusions be drawn as a result of examining
the test results , those interpretations , opinions , and
conclusions will be those made, formed, and drawn solely by
Contractor.
B. Inasmuch as randomly or arbitrarily selected areas were
sampled, Engineer and Owner make no representation,
warranty, or guaranty that the conditions indicated by the
test reports either are representative of those conditions
SP-5
1
existing throughout the area , or that unforeseen
developments may not occur , or that materials other
than , or in proportions different from those indicated may
not exist .
1 . 09 WORKSITE CONDITIONS
A. Worker and Visitor Procedures : Contractor is hereby advised
that tests have shown that prolonged or repeated exposure to
some petroleum substances , in liquid or vapor form may cause
serious illness , including cancer. Provide workers and
visitors will proper training in hazard recognition and job
site controls to minimize exposure.
1. 10 PERSONNEL PROTECTION
' A. Prior to commencement of Work, instruct all workers in the
appropriate procedures for personnel protection and hazard
recognition. Ensure that workers are knowledgeable in these
procedures .
B . Avoid skin contact and inhaling vapors .
C. Provide oxygen meter and combustible gas indicator (CGI)
properly calibrated and in good working order to the project
for safety monitoring of tank during venting, purging,
inerting and pulling operations .
D. Eliminate all sources of ignition from the area.
E. Prevent the discharge of static electricity during venting
of flammable vapors .
' F. Prevent the accumulation of vapors at ground level and in
the tank excavation.
G. Properly ground all electrical equipment and provide
explosion proof equipment.
H. Provide proper respiratory protection with proof of training
and fit testing for workers who enter confined spaces such
as the tankhold or the tank for final cleaning.
I . Isolate the work area to allow no visitors except regulatory
authority representatives within 25 feet of the work area.
SP-6
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3 . 01 PREPARATION
A. Observe the special safety precautions as previously
described.
B . Drain product piping into the tank, being careful to avoid
any spillage. Cap or remove product piping.
C . Removal and disposal of liquids from the tanks .
' D. Excavate to the top of tank. Dispose of concrete, soil and
backfill .
E. Remove the fill pipe, gauge pipe, vapor recovery truck
connection, submersible pumps , and other tank fixtures .
Remove the drop tube, except when it is planned to vapor-
free the tank by using an eductor. Cap or remove all non-
product lines , such as vapor recovery lines , except the vent
line . The vent line should remain connected until the
tank is purged. Temporarily plug all other tank openings so
that all vapors will exit through the vent line during the
vapor-free process .
3 . 02 REMOVE FLAMMABLE VAPORS
A. Remove flammable vapors by one of the methods described
below, or as required by local codes . These methods provide
a means for temporary vapor-freeing of the tank atmosphere.
However, it is important to recognize that the tank may
continue to be a source of flammable vapors even after
' following the vapor-freeing procedures described. For this
reason, caution must always be exercised when handling or
working around tanks that have stored flammable or
combustible liquids . Before initiating work in the tank
area or on the tank, a combustible gas indicator should be
used to assess vapor concentrations in the tank and work
area.
B . Vent all vapors from the tank at a minimum height of 12 feet
above grade and 3 feet above any adjacent roof lines until
the tank is purged of flammable vapors . Keep work area free
from sources of ignition.
C. Flammable and combustible vapors may be inerted by one of
the two methods described below:
1 . An inert gas such as carbon dioxide (CO2) , or nitrogen
7 (N2) . This method will not be utilized if the tank is
SP-7
to be entered for any reason, as the tank atmosphere
will be oxygen deficient . The inert gas shall
be introduced through a single tank opening at a
point near the bottom of the tank at the end of the
tank opposite the vent. When inert gases are used,
they shall be introduced under low pressure to avoid
the generation of static electricity. When using CO2 ,
or N2 , pressures in the tank should not exceed 5
pounds per square inch gauge .
CAUTION: The process of introducing compressed gases
into the tank may create a potential ignition hazard as
the result of the development of static electrical
charges . The discharging device must be grounded.
Explosions have resulted from the discharging
of CO2 fire extinguishers into tanks containing a
' flammable vapor-air mixture. CO2 extinguishers shall
not be used for inerting flammable atmospheres .
2 . The vapors in the tank may be displaced by adding solid
carbon dioxide (dry ice) to the tank in the amount of at
least 1 . 5 pounds per 100 gallons of tank capacity. The
dry ice should be crushed and distributed evenly over
the greatest possible area in the tank to promote rapid
evaporation. As the dry ice vaporizes , flammable vapors
will flow out of the tank and may surround the area.
Where practical , plug all tank openings except the vent
after introducing the solid CO2 and continue to observe
all normal safety precautions regarding flammable or
combustible vapors . Make sure that all of the dry ice
has evaporated before proceeding.
CAUTION: Skin contact with. dry ice may produce burns .
D. Flammable vapors may be purged from the tank by one of two
methods of tank ventilation listed below:
1 . Ventilation using an eductor-type air mover usually
driven by . compressed air. Properly bond the eductor-
type air mover to prevent the generation and discharge
of static electricity. When using this method, keep
the fill (drop) tube in place to ensure ventilation
at the bottom of the tank. Tanks equipped with
fill (drop) tubes that are not removable should be
purged by this method. An eductor extension shall
be used to discharge vapors a minimum of 12 feet
above grade .
2 . Ventilation with a diffused air blower. When using
this purging method, it is imperative that the
3 air-diffusing pipe is properly bonded to prevent
the discharge of a spark. Fill (drop) tubes must
be removed to allow proper diffusion of the air in
the tank. Air supply should be from a compressor
SP-8
that has been checked to ensure a clean air supply and
is free from volatile vapors . Air pressure in the
tank must not exceed 5 pounds per square inch gauge .
3 . 03 TESTING
A. Regularly test the tank atmosphere and the excavation area
for flammable combustible vapor concentrations and oxygen
content until the tank is removed from both the excavation
and the site. Such tests are to be made with a combustible
gas indicator and oxygen meter which is properly calibrated
according to the manufacturer ' s instructions (typically on
pentane or hexane in air) , and which is thoroughly checked
and maintained in accordance with the manufacturer ' s
instructions . Persons responsible for testing must be
completely familiar with the use of the instrument and the
' interpretation of the instrument ' s readings .
B . Test the tank vapor space by placing the combustible gas
indicator probe into the fill opening with drop tube
removed. Readings should be taken at the bottom, middle,
and upper portions of the tank, and the instrument should be
cleared after each reading. If the tank is equipped with a
non-removable fill tube , readings should be taken through
another opening. Liquid product must not enter the probe.
Readings of 20 percent or less of the lower explosion limit
(LEL) must be obtained before the tank is considered safe
for removal from the ground when using purging method of
flammable vapor control .
C. Combustible gas indicator readings may be misleading where
the tank atmosphere contains less than 5 percent by volume
oxygen, as in a tank purged with CO2 , N2 , or another inert
gas . In general, readings in oxygen-deficient atmospheres
will be on the high, or safe, side . It is necessary to use
an oxygen indicator to assess the oxygen concentration, if
tank entry is considered. An oxygen level of 14 percent or
less inside the tank must be obtained before the tank is
considered safe for removal from the ground.
3 . 04 REMOVAL
A. After the tank has been freed of vapors and before it is
removed from the excavation, plug or cap all accessible
holes . One plug should have a 1/8-inch vent hole to prevent
the tank from being subjected to excessive differential
pressure caused by temperature changes . The tank should
always be positioned with this vent plug on top of the tank
during subsequent transport and storage.
B. Excavate around the tank to uncover it for removal . Remove
the tank from the excavation and place it on a level
surface. Use wood blocks to prevent movement of the tank
after removal and prior to loading on a truck for
SP-9
transportation . Use screwed (boiler) plugs to plug any
corrosion holes in the tank shell .
C. When partially or totally removing an existing underground
storage system, a small amount of contaminated backfill may
be encountered. The contamination can be due to minor
spills and drips during previous operation of the facility '
or from drips and minor spills that may occur during
removal . Contaminated backfill may be a potential safety
and environmental hazard. Contain spills or drips to
minimize contamination during removal . During the
excavation of the tanks , laboratory personnel will evaluate
the backfill soil using a PID or portable gas chromatograph
and contractor shall separate the soil into piles of clean
and contaminated material .
' Excavation of the backfill soils shall proceed until the
tanks can be removed and the pit cleaned down to native, in-
place soils . Place all excavated backfill and soil material
on a 20-mil or greater polyethylene sheet at the site
location designated by Engineer. Cover all material with a
20-mil or greater sheet polyethylene to protect from
rainfall . Representative soil samples shall be obtained by
the Contractor at the direction of the Engineer for testing
of BETX (EPA Method 8020) , TPH (EPA Method 418 . 1) and Lead
(Method 7421) for determination of disposal method. When
properly characterized, soil shall be disposed of at an
approved facility by Contractor.
�t D. Label tanks after removal from the ground but prior to
removal from the site. Regardless of the condition of the
tank, the label shall contain a warning against certain
types of reuse. The former contents and present vapor state
of each tank, including vapor-freeing treatment and date
shall also be indicated. The label should be similar to the
following in legible letters at least 2 inches high:
TANK HAS CONTAINED LEADED GASOLINE*
NOT VAPOR FREE
NOT SUITABLE FOR STORAGE OF FOOD OR
LIQUIDS INTENDED FOR HUMAN OR ANIMAL
CONSUMPTIONS
DATE OF REMOVAL: MONTH/DAY/YEAR
*Or other flammable/combustible liquid. Use the applicable
designation, for example, DIESEL.
SP-10
E . Tanks that have held leaded motor fuels (or whose service
history is unknown) shall also in addition to the above
labeling be clearly labeled with the following information
(see API Publication 2015A for additional guidelines) :
TANK HAS CONTAINED LEADED GASOLINE
LEAD VAPORS MAY BE RELEASED IF HEAT
IS APPLIED TO THE TANK SHELL
F. Tanks shall be removed from the site after vapor-freeing
procedures have been completed, on the day of tank removal
from the excavation.
1 . Before the tank is removed from the site, the tank
atmosphere shall be checked with a combustible gas
' indicator as previously specified to ensure that it does
not exceed 20 percent of the lower explosion limit .
2. The tank shall be secured on a truck for transportation
to the storage or disposal site with the 1/8-inch vent
hole located at the uppermost point on the tank. Tanks
shall be transported in accordance with all applicable
local , state, and federal regulations .
3 .05 SLUDGE REMOVAL
A. After the tank has been freed of vapors and exhumed, the
tank shall be cleaned of sludge and loose scale by washing.
The tank may be cleaned either on or offsite subject to the
Owner ' s discretion. All sludge and rinse water shall be
removed, containerized in 55-gallon drums and properly
disposed of by the Contractor. The atmosphere in the tank
shall be checked frequently. If the vapor content exceeds
20`k of the LEL, the tank shall be repurged or inerted to
remove flammable vapors .
' 3 . 06 DISPOSAL PROCEDURES
A. After a tank has been vapor-freed and all sludge removed, it
shall be rendered unsuitable for future use as a storage
tank by puncturing, cutting, or drilling numerous holes in
all sections of the tank.
All tanks shall be labeled as previously described.
A bill of sale in form and content identical to Standard
Form 5 (SF5 shall be used to transfer tank Ownership. Prior
to disposal of used tanks , current federal , state, and local
regulations must be checked to determine if special
procedures or preparations are required.
SP-11
3 . 07 CONTAMINATED SOIL AND GROUND WATER DISPOSAL BY
OVEREXCAVATION
A. Contractor must bear responsibility for removal ,
transportation and proper disposal of overexcavated
material . Overexcavated material is defined as ground
water, native soil or fill material which is more that 18
inches in all directions beyond the tankhold. The amount of
overexcavation, in all cases , shall be approved by the
Owner or its agent . Contractor shall bear all costs for
overexcavation without prior approval from Engineer.
B. Samples of the four corners and two center bottom samples of
clean native soil in the exposed excavation will be obtained
and tests required by federal , state and local regulatory
agencies . Backfill the excavation specified below after
approval by Owner or its agent.
J
1
SP-12
1
SPECIAL PROVISIONS
FOR: MEACHAM AIRPORT UST REMOVAL
PROJECT NO. 043809-00
SECTION B
BACKFILL
PART 1 - GENERAL
1 .01 WORK INCLUDED
A. Furnish all tools , labor, equipment, and materials and
perform all operations required to backfill tank excavation.
1. 02 SUBMITTALS
A. Quality Assurance Test Reports .
PART 2 - MATERIALS
2 . 01 CLEAN FILL MATERIAL
A. Clean fill material for tank excavation backfill shall
consist of granular soil , free of organics , deleterious
materials, clay lumps, rocks over 3 inches in diameter and
any hazardous substance or waste material defined by the
Resource Conservation and Recovery Act, (RCRA) Section 3010
and parts 261 as amended.
B. Fill material shall meet the following requirements :
' Liquid Limit (percent , ASTM D-4318) . . . . . . . . . . . . . 30 Maximum
Plasticity Index (percent, ASTM D-4318) . . . . . . . . . . . . 0 to 12
Percent passing No. 200 mesh sieve . . . . . . . . . . . . . . 30 Maximum
PART 3 - EXECUTION
3. 01 BACKFILLING TANK EXCAVATION
A. Backfill up to 4 feet below bottom of pavement.
1 . Place clean fill material in tank excavation in maximum
loose lifts not to exceed 2 feet.
a 2. Compact fill material from top using the backhoe bucket.
J B . Backfill upper 4 feet of excavation.
I . Place clean fill material in tank excavation in maximum
loose lifts not to exceed 8 inches .
1 SP-13
J
2 . Compact fill material to at least 95 percent of the
maximum dry density as established by ASTM D-698 .
3 . Shape fill material to approximately the lines and
grades of adjacent subgrade material .
1
SP-14
SPECIAL PROVISIONS
' FOR: MEACHAM AIRPORT UST REMOVAL
PROJECT NO. 043809-00
' SECTION C
' PAVEMENT REPAIRS
PART 1 - GENERAL
1. 01 References
tA. American Society for Testing and Material (ASTM) , Latest
Editions .
B. Standard Specifications for Construction of Highways,
Streets and Bridges , 1982 Edition, Texas State Department of
Highways and Public Transportation.
PART 2 - MATERIALS
2. 01 Base Material
A. Base material used for repairs shall match existing base
' material , unless existing base material consists of crushed
limestone aggregate.
B. Flexible base material shall be crushed limestone aggregate
conforming to the requirements of the Texas Standard
Specifications , Item 248 , Flexible Base, Type A, Grade 1 .
2. 02 Asphalt Concrete
A. Asphalt concrete shall conform to the requirements of the _
Texas Standard Specifications , Item 340 , Hot Mix Asphaltic
Concrete Pavement for:
Surface Course Type "D"
Base Course Type "B"
B. Asphalt concrete at the design asphalt content shall exhibit
the following properties for both surface and base courses:
Hveem Stability M 40 Min.
I Relative Density M 97 Min.
Asphalt Content 5 Min.
1
I SP-15
2 . 03 Portland Cement Concrete
A. Concrete for paving shall conform to the requirements of the
;., Texas Standard Specifications , Item 360 , Concrete Pavement
with the following special requirements :
a_
28-day compressive strength ------------- 3000 psi min.
Minimum cement content ------------------ 564 lbs/cy
Air content ----------------------------- 2 - 5%
Slump ----------------------------------- 3 - 5 inches
2 . 04 Portland Cement Concrete Joint Sealer
A. Joint sealer shall conform to requirements of ASTM D-1854,
"Jet-Fuel-Resistant Concrete Joint Sealer, Hot-Poured
Elastic Type" .
2. 05 Reinforcing Steel
A. Steel reinforcing bar for temperature steel shall be No. 4
bars placed at 24" centers (each way) , conforming to the
requirements of ASTM A-615, Grade 40 .
B. Smooth steel dowel bars at joints shall be 1" diameter, 18"
long placed at 12" centers , conforming to the requirements
of ASTM A-615, Grade 60 .
-
PART 3 EXECUTION
3 . 01 REMOVAL OF EXISTING PAVEMENT
A. Saw cut the existing pavement full depth at the boundaries
of the excavation areas . Orient all sawcuts either parallel
or perpendicular to the obvious traffic flow at the area.
B. Remove and dispose of the existing pavement within the
confines of the sawcut.
3 . 02 Flexible Base Course
A. Place flexible base in lifts , maximum loose lift thickness
of eight inches, and compact to at least 98 percent of the
maximum dry density and within two percentage points of
optimum moisture content as established by ASTM D-1557 .
B . Scarify the surface of each layer to a depth of one inch
prior to the installation of successive layers .
3 . 03 Asphalt Concrete Pavement
A. Apply a prime coat to flexible base course or Portland
cement concrete pavement at a rate of at least 0. 20
gallons/square yard no more than 24 hours before paving.
SP-16
B . Place asphalt concrete in lift thicknesses outlined below:
Base Surface
Minimum 2 inches 1 inch
Maximum * 2 inches
* That which can be compacted to the required density in a
single lift.
C. Compact asphalt concrete to at least 93 percent of the
Maximum Theoretical Density as established by ASTM D-2041 .
D. Traffic is not allowed on the pavement for at least 24 hours
after completion of rolling.
' 3 . 04 Portland Cement Concrete Pavement
A. Temperature steel shall be placed at mid-depth of slabs .
B. Construct joints at maximum 25-foot centers . Place dowel
bars at all joints .
C . Place and cure concrete in accordance with Texas Standard
Specifications , Item 360 , Concrete Pavement .
D. Place joint sealer according to manufacturers written
recommended procedures .
E. Traffic is not allowed on the pavement until both a minimum
compressive strength of 2800psi is attained and concrete is
at least 7 days old.
F. Allow pavement to cure for a minimum of 7 days prior to
placement of asphalt concrete surfacing material , if
required by Owner.
3 . 05 Quality Assurance
A. Perform engineering elevation survey to establish and
maintain grade control at all times during construction.
B. Perform work in general accordance with the applicable
sections of the Texas Standard Specifications .
C. Recommended Quality Assurance Testing and test frequencies :
Subgrade, Subbase, Aggregate Base
Test Method Frequency
1 . Inplace Density ASTM D-1556 1 test per 10, 000
and Moisture or D-2922 s. f . per lift
l SP-17
J
2 . Laboratory ASTM D-1557 1 test per
Compaction or D-698 material type
and/or change in
materials
3 . Gradation ASTM D-422 , 1 each for
C-117 and offsite borrow
C-136 material
4 . Plasticity ASTM D-4318 1 each for
offsite borrow
material
Portland Cement Concrete
' 1 . Test Specimens ASTM C-31 At least 1 set
of 4 specimens
per 50 c.y. or at
least 2 per day
2 . Slump Test ASTM C-143 1 per set of test
specimens
3 . Air Content Test ASTM C-173 1 per set of test
or C-231 specimens
4 . Compressive ASTM C-39 Test 1 specimen
@ 7 days
Test 2 specimens
@ 28 days
Asphaltic Concrete
1 . Marshall Stability ASTM D-1559 1 test per 500
and Flow tons for each mix
2 . Maximum Theoretical ASTM D-2041 1 test per 500
Density tons for each mix
3 . Extraction and ASTM D-2172 1 test per 500
Gradation tons for each mix
4 . Inplace Density ASTM D-2726 1 test per 5000
or ASTM D-1188
s . f . per lift
5 . Thickness Drilled Cores 1 test per 5000
s.f . of pavement
l
SP-18
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TEXAS ELECTRIC SERVICE CO. 336-9454
FT. WORTH WATER 8 SEWER 870-8306
LONE STAR GAS 923-8481
S.W. BELL TELEPHONE
ASK OPERATOR FOR ENTERPRISE 9800
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MEACHAM AIRPORT
U.S.T. REMOVAL
VICINITY MAP
EXHIBIT A
ENVIRONMENTAL MANAGERS INC.
FORT WORTH,TEXAS
1
•
TANK FAR
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/ .. _..., ......: , . (
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UTILITY EMERGENCY NUMBERS
CALL BEFORE EXCAVATING
AIRPORT ENTRANCE
4P1f4f—
WA$TE 01 L TANK
TO BE REMOVED
BROADIE' S AIRCRAFT
TEXAS ELECTRIC SERVICE CO. 336-9454
FT. WORTH WATER 8 SEWER 870-8306
LONE STAR GAS 923-8481
S.W. BELL TELEPHONE
ASK OPERATOR FOR ENTERPRISE 9800
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MEACHAM AIRPORT
U.S.T. REMOVAL
PROJECT LOCATION
EXHIBIT B
ENVIRONMENTAL MANAGERS INC.
FORT WORTH,TEXAS
TANK FARM To
Fs a A13AN DONCD
/
_SOUTH TANK FIELD Mot2TH TANK F(EL.f3
ABANDONED TANK FIELD
TExAS J E T
ExECuTIVE TERMINAL.
UTILITY EMERGENCY NUMBERS
CALL BEFORE EXCAVATING
TEXAS ELECTRIC SERVICE CO. 336-9454
FT. WORTH WATER 8 SEWER 870-8306
LONE STAR GAS 923-8481
S.W. BELL TELEPHONE
ASK OPERATOR FOR ENTERPRISE 9800
-
I"
ENrr2ANCE To
TANK FARM
NOT To ScqLa
E
MEACHAM AIRPORT
U.S.T. REMOVAL
PROJECT LOCATION
EXHIBIT C
ENVIRONMENTAL MANAGERS INC.
FORT WORTH, TEXAS
UTILITY EMERGENCY NUMBERS
CALL BEFORE EXCAVATING
TEXAS ELECTRIC SERVICE CO. 336-9454
FT. WORTH WATER 8 SEWER 870-8306
LONE STAR GAS 923-8481
S.W. BELL TELEPHONE
ASK OPERATOR FOR ENTERPRISE 9800
W.T S.
f 27 _0
1-1
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to °00
—L_I
TANIL 2 I
00° 0 O10,TANK # 1
NOPT1-4 TANI< F1LID
trii=E1
MEACHAM AIRPORT
U.S.T. REMOVAL
NORTH TANK FIELD
EXHIBIT D
ENVIRONMENTAL MANAGERS INC.
FORT WORTH,TEXAS
UTILITY EMERGENCY NUMBERS
CALL BEFORE EXCAVATING
TEXAS ELECTRIC SERVICE CO. 336-9454
FT. WORTH WATER 8 SEWER 870-8306
LONE STAR GAS 923-8481
S.W. BELL TELEPHONE
ASK OPERATOR FOR ENTERPRISE 9800
O
GPL, 051
12 p00
TANK 4
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0 N.T,S.
1
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K
MEACHAM AIRPORT
U.S.T. REMOVAL
ABANDONED TANK FIELD
EXHIBIT E
ENVIRONMENTAL MANAGERS INC.
FORT WORTH,TEXAS
UTILITY EMERGENCY NUMBERS
CALL BEFORE EXCAVATING
TEXAS ELECTRIC SERVICE CO. 336-9454
FT. WORTH WATER a SEWER 870-8306
LONE STAR GAS 923-8481
S.W. BELL TELEPHONE
ASK OPERATOR FOR ENTERPRISE 9800
TAN I 4
0 1�4
1q P°o
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TANK 2
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1:1
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MEACHAM AIRPORT
U.S.T. REMOVAL
SOUTH TANK FIELD
EXHIBIT F
ENVIRONMENTAL MANAGERS INC.
FORT WORTH, TEXAS
i
i
7
9
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FELDTECH AVI0NUCS
$IZOADIF_5
A I RC w>FT
COMMA NO 2 r rz lv
1
N.T.G.
UTILITY EMERGENCY NUMBERS
CALL BEFORE EXCAVATING
TEXAS ELECTRIC SERVICE CO. 336-9454
FT. WORTH WATER a SEWER 870-8306
LONE STAR GAS 923-8481
S.W. BELL TELEPHONE
ASK OPERATOR FOR ENTERPRISE 9800
WASTE. OIL
PILL PIPE
}}ANGM2. I
J
•
MEACHAM AIRPORT
U.S.T. REMOVAL
WASTE OIL TANK SITE
EXHIBIT G
ENVIRONMENTAL MANAGERS INC.
FORT WORTH,TEXAS
7 STANDARD FORM 1
CONTRACTOR OCCUPATIONAL SAFETY AND HEALTH CERTIFICATION
PROJECT: 043809-00 Remove 72 UST's
iE Contractor TANK SYSTEMS, INC.
1 . Contractor certifies that the following personnel to be
employed on the subject Project have met the following
requirements of the OSHA Construction Standard (29 CFR 1910
Part 1926) and other applicable OSHA standards .
Respirator
Contractor Personnel Training Certification Examination
Ronald McCann Yes
Gary Heacock Yes
Robert Stevenson Yes
2. Contractor certifies that it has received a copy of the Site
Safety and Health Plan and will ensure that its employees
are informed and will comply with its requirements .
3 . Contractor further certifies that it has read and
I understands and shall comply with all provisions of its
contra ual agreement.
Signed: ` ' e�_ Date:
IPrint Name: Ronald McCann, President
I
{
SF-1
t
i
' THE STATE OF TEXAS X
X
COUNTY OF TRAVIS X
I, Ronald McCann, president of Tank Systems, Inc, do
hereby declare that all employees utilized on the project
' with the City of Fort Worth for the removal, disposal and
site clean-up of twelve ( 12) underground fuel storage tanks
located at Meacham Airport, Fort Worth, Texas, will be
' trained in accordance with OSHA 29 CFR 1926 .00 .
Executed this 18th. day of April, 1990.
Ronald McCann, President
Tank Systems, Inc.
This instrument was acknowledged before me by Ronald
McCann, president of Tank Systems, Inc. on this the 18th. day
of April, 1990.
Notary Public, State of Texas
Notary's Name Typed/Printed:
Billie R. Thomas
IMy Commission Expires: 11 -25-93
I
i
I
I
r
I
_ I
r.�
STANDARD FORM 2
CERTIFICATE OF WORKER ' S RELEASE FORM
DATE:
TO: Richard Hay - Assistant to the City Manager
RE• Remove Twelve (12) UST's - Meacham Airport, Fort Worth, Texas
(Insert Project Name and Address)
1 . In consideration of my employment by Tank Systems, Inc.
(Contractor)
in conjunction with the removal and disposal of petroleum
hydrocarbon containing material and in consideration of the
sum of ONE AND N01100 ($1 . 00) DOLLAR and other good and
valuable consideration in hand paid, at and before the
sealing and delivery of these presents , the receipt,
' sufficiency, and adequacy of which are hereby acknowledged,
the undersigned does hereby acknowledge, warrant, represent,
covenant, and agree as follows:
(a) I acknowledge and understand that I have been or
will be employed in connection with the removal
of, disposal of, or other work in petroleum hydro-
carbon materials and flammable vapor work areas, and
I acknowledge that I have been advised of and
I understand the dangers inherent in handling
and breathing such materials , including, but not
limited to, THE FACT THAT PETROLEUM VAPORS ARE AN
EXPLOSION HAZARD AND CERTAIN CONSTITUENTS OF
GASOLINE HAS CAUSED CERTAIN FORMS OF CANCER IN
LABORATORY ANIMALS .
(b) I covenant and agree faithfully to take all
' precautions required of
1
' (Signature of Worker)
(as acknowledgment of reading this
page one of this two-page
Certificate)
Page 1 of 2 pages
SF-2
(c) I represent that I can read the English Language , or
that I have had someone read this instrument to me, and
that I understand the meaning of all the provisions
Signature contained herein.9 !�2—M C-- G
Social Security Number � � - -1-"-0 ( y 2
Signed in presence of E,-11iC !i / IrnAs
Notary 01i.
(Signature)
( )
( )
' ( Seal )
page 2 of 2 pages
J
SF-3
STANDARD FORM 3
TANK CLOSURE MATERIAL
DISPOSAL FORM
PROJECT: DATE:
OWNER OR OPERATOR OF DISPOSAL FACILITY:
NAME:
ADDRESS :
CITY, STATE, ZIP:
PHONE: ( )
NAME OF DISPOSAL FACILITY:
NAME:
ADDRESS :
CITY, STATE, ZIP:
PHONE: ( )
HAULER:
TYPE OF MATERIAL DISPOSED OF: SOIL LIQUID
APPROXIMATE VOLUME OF MATERIAL RECEIVED:
' TYPE OF CONTAINER:
CONTAINERS LABELLED? YES NO
CERTIFIED TEST RESULTS ATTACHED:
DISPOSAL METHOD USED:
'tl I certify that the above statements are true and that the
disposal facility has all approvals required for the disposal of
hydrocarbon contaminated materials as required by U. S .
Environmental Protection Agency, the Texas Water Commission and
the Texas Department of Health.
DISPOSAL FACILITY AUTHORIZED SIGNATURE
1 SF-4
J
STANDARD FORM 4
PROGRESS PAYMENT REQUEST
(all blanks must be completed)
City of Fort Worth Project No.
Project Location
A. This is Payment Request # on this Contract
B. Date of this Request 19
C. This Request covers Work through what date: , 19_
1 . Original Amount of Contract $
' 2 . Total of all Change Orders +
Latest Change Order is #
3 . Current Amount with Change Orders (1+2) $
4 . Value of work and/or materials
through date C above $
5 . Retainage at 10% -
6 . Value less retainage (4+5) $
7 . Payment Requests total up to date B above -
8 . Payment Request now being made (6-7) $
9 . Amount left to complete (3-4) $
Check one of the—following: Failure to check one may delay or
revent payment.
SCHEDULE OF VALUES & LIST OF SUBCONTRACTORS & MATERIAL
SUPPLIERS - HAVE NOT CHANGED FROM PREVIOUS SUBMISSION.
SCHEDULE OF VALUES & LIST OF SUBCONTRACTORS & MATERIAL
SUPPLIERS - HAVE CHANGED FROM PREVIOUS SUBMISSION
(ATTACHMENTS OF ADDITIONS & DELETIONS MUST BE SUPPLIED) .
CONTRACTOR: Address :
BY:
TITLE: Phone:
SF-5
STATE OF
COUNTY OF
On the date below,
known
personally appeared before me and acknowledged that he/she
executed the foregoing instrument with authority to do so in the
capacity and for the purposes and consideration therein stated.
WITNESS my hand and seal this day of , 19
Notary Public
My Commission Expires :
' (Print or Type Name)
I
I
SF-6
I
STANDARD FORM 5
BILL OF SALE AND INDEMNITY AGREEMENT
THE STATE OF TEXAS ( )
( ) KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT ( )
THAT, City of Fort Worth, with offices at 1000 Throckmorton
Street, Fort Worth, Texas , (hereinafter called "Seller") for and
in consideration of the sum of Ten and No/100 Dollars ($10. 00)
and other good and valuable consideration to it in hand paid by
Tank Systems, Inc. a Texas Co hereinafter called "Buyer") the receipt
of which is hereby acknowledged, has BARGAINED, SOLD AND
DELIVERED, and by these presents does BARGAIN, SELL, and DELIVER
unto the said Buyer of the County of Travis ,
' and State of Texas all of the following personal property
to wit:
[Those certain underground storage tanks which are described in Section A of the
Special Provisions for Meacham Airport UST Removal Project #043809-00]
It is understood and agreed that Buyer shall dispose of the above
described property at its own risk in compliance with all
federal, state, and local laws and ordinances. Buyer hereby
agrees to indemnify and hold harmless Seller, its present,
former, and future directors, officers, employees and agents, and
their heirs, executors , successors and assigns from any fines and
any and all liability, expenses, (including attorney's fees) ,
costs, damages and/or losses of any kind arising out of injuries
to any person or persons or damages to any property of any kind
caused or alleged to have ben caused during Buyer ' s ownership or
disposal of such property or by Buyer ' s failure to comply with
federal, state, or local laws or ordinances .
EXECUTED this 3rd_ day of May 19 go
City of Fort Worth BY:
Title
Construction Company BY: 7 ` G
(Buyer) Ronald McCann Title Pres i ent
SF-7
J
THE STATE OF TEXAS ( )
COUNTY OF TARRANT O
This instrument was acknowledged before me on this day of
19 by ,
of City of Fort Worth on behalf of said
City.
Notary Public in and for
The State of TEXAS
My Commission Expires :
THE STATE OF TEXAS { )
Travis
COUNTY OF rZ&RRAkM ( )
This instrument was acknowledged before me on the �r-d. day of
19 90 , by Ronald McCann ,
May of Tank Systems, Inc. on behalf of
said Company.
, &ap
Notary Public in and for
The State of Texas
My Commission Expires : 11-25-93
1
SF-8
CITY OF FORT WORTH, TEXAS
Prevailing Wnge Rates for
Streets , Drainnge and Utility Construction
October 16, 1987
Prevailing Prevailing
Classification Rnt(! Clnnsification Rate
Air Tool Operator $ 6.80 Crane, Clamshell , Backhoe $ 9.82
Asphalt Raker 8.05 Derrick, Dragline, Shovel
Asphalt Shoveler 7.00 (1-1/2•CY b Over)
Batching Plant Weigher 7.50 Foundation Drill Operator 10.60
Carpenter Rough 8.61 Truck Mounted
Carpenter Helper, Rough 6.89 Foundation Drill Operator 9.00
Concrete Finisher (Pav) 9.04 Helper
Concrete Finisher Helper (Pav) 7.30 Front End Loader 8.46
Concrete Finisher (Strs) 8.38 (2-1/2 CY S Lena)
Concrete Finisher helper (Stra) 6.94 Front End Loader 9.67
Concrete Rubber 8.50 (Over 2-1/2 CY)
Electrician 11 .20 Mixer (Concrete Paving) 8.00
Form Builder (Strn) 8.58 Motor Grader Opr. ,Fine Grade 9.77
Form Builder Helper (Stre) 7.00 Motor Grader Operator 9.09
Form Liner (Paving b Curb) 9. 55 Roller, Steel Wheel 8.00
Form Setter (Paving 6 Curb) 8. 16 (Plant Mix Pavement)
Form Setter Helper (PSC) 7.22 Roller, Steel Wheel 8.44
Form Setter (Stra) 7.83 (Other Flatwheel-Tamping)
Form Setter Helper (Sere) 6.62 Roller, Pneumatic 7,37
Laborer, Common 5.76 (Self Propelled)
Laborer, Utility 6.63 Scrapers (17 CY & Less) 7,25
Mechanic 10.40 Scrapers (Over 17 CY) 7.70
Oiler 8.06 Tractor (Crawler Type) 8.55
Servicer 7.57 (150 HP b Lena)
Pipelayer 7.61 Tractor (Crawler Type) 9.38
Pipelayer Helper 6.53 (Over 150 HP)
Tractor (Pneumatic) 9.00
(80 HP S Less)
POWER EQUIPMENT OPERATORS: Traveling Mixer 10.00
Trenching Machine, Heavy 8.58
Asphalt Distributor 7.93 Reinforcing Steel Setter 7.21
Asphalt Paving Machine 9. 12 (Paving)
Broom or Sweeper Operator 7.09 Reinforcing Steel Setter 9.09
Bulldozer, 150 HP or lens 8.07 (Structures)
Bulldozer, Over 150 HP 8.96 Reinforcing Steel Setter 7.30
Concrete Paving Curing Mach. 8.25 (Helper)
Concrete Paving Fin. Mach. 8. 16 Steel Worker, Structural 9.50
Concrete Paving Saw 8.24 Spreader Box Operator 7.50
Concrete Paving Spreader 7. 13
Slipform Machine Operator 7.75
Crane, Clamshell , Backhoe 8.60
Derrick, Dragline, Shovel
(Less than 1-1/2 CY)
WR-1
1
CITY OF FORT WORTH, TEXAS
Prevailing Wage Rates for
Streets , Drainng�- and Utility Conotruction
October 16, 1987
Prevailing Prevailing
Classification Rate Classification Rate
TRUCK DRIVERS:
Single Axle , T,ight $ 7,21
Single Axle, Heavy 7,57
Tandem Axle or Semitrailer 7,34
Lowboy Float 7,S8
MISCELLANEOUS:
Transit :Six 7,23
Winch 9,20
Welder 9,57
Welder Helper 7,82
Instrument Pernnn 8.50
Prevailing Rate Determined as provided for in Davis—Bacon Regulations.
Sec. 1 .2 Definition
The "prevailing wage" shall be the wage paid to the majority (more than SO
percent) of the laborers or mechanics in the classification on similar projects
in the area during the period in question. If the came wage is not paid to a
majority of those employed in the classification, the "prevailing wage" shall be
the average of the wages paid , weighted by the total employed in the
Classification.
1 WR-2
J
WEATHER SABLE
AVERAGE DAYS INCHES SNOW/ICE
MONTH RAIN (1) RAINFALL (2) PELLETS (3)
JANUARY 7 1. 80 1
r,
FEBRUARY 7 2. 3 6
MARCH 7 2.54
APRIL 8 4. 30 0
' MAY 8 4.47 0
JUNE 6 3.05 0
JULY 5 1.84 0
AUGUST 5 2. 26 0
SEPTEMBER 7 3. 15 0
OCTOBER 5 2. 68 0
NOVEMBER 6 2. 03
DECEMBER 6 1.82
ANNUALLY 77 32.30 1
(1) Mean number of days rainfall, 0.01" or more.
(2) Average normal precipitation, in inches
(3) Mean number of days 1. 0 inch or more.
* Less than one-half inch.
This table is based on information reported from Dallas-Fort Worth Regional
Airport, Texas. Latitude 32' 54' N, longitude 97' 02' W, elevation (ground) 551
ft.
Means are based on records covering a period of 27 years. Normals based on
record for the 1941-1970 period.
WT-1
MASTER FIIE•1
ACCOUNTING-2 City of Fort Worth, Eexas
JRANSPORTATIONiPUdUCC WORKS•O
HATER ADMINiS Wyo r and Council Communication
DATE REFERENCE SUBJECT: PURCHASE REMOVAL, DISPOSAL AND PAGE
NUMBER SITE CLEAN-UP OF UNDERGROUND FUEL 2
4-24-90 P-4233 STORAGE TANKS AT MEACHAM AIRPORT FROM 1 O
TANK SYSTEMS, INC. FOR THE CITY
MANAGER'S OFFICE
RECOMMENDATION:
It is recommended that the City Council :
1. Approve the transfer of $151 ,000 from Aviation Improvements Fund 24,
Project No. 043808-00, Contingencies to Project No . 043809-00, Remove
Twelve Tanks; and
2. Authorize the purchase of the removal , disposal and site clean-up of
twelve underground fuel storage tanks at Meacham Field from Tank
Systems , Inc . for the City Manager's Office on the low bid bid of
$270,790.00.
BID TABULATION:
Vendor Amount
1. Tank Systems, Inc. $270,790.00
Austin, TX
2. Watkins Construction Co. $278,827.20
Corsicana, TX
3. United Contracting Co. $432,600.00
Irving, TX
4. David Cornish & Co. DBA Non-Responsive
Backhoe Services Abatement Contractor
Fort Worth, TX
All terms are net . Bid invitations were mailed to forty-two prospective
bidders. Three no-bids were received and thirty-five vendors did not respond.
Bid was advertised in the Fort Worth Commercial Recorder on March 29 and
April 5, 1990.
COMMENTS ON SPECIFICATIONS:
Specifications requji .ed the accepted vendor to attend a mandatory pre-bid
conference and -on--site 'visit where the specifications were discussed in
detail . The recommended vendor did comply with the City 's DBE policy.
DISCUSSION:
The purchased services will correct the area at Meacham Airport to comply
with Environmental Protection Agency's guidelines .
E
DATE REFERENCE SUBJECT: PURCHASE REMOVAL, DISPOSAL AND PAGE
NUMBER SITE CLEAN-UP OF UNDERGROUND FUEL 2 . 2
4-24-90 P-4233 STORAGE TANKS AT MEACHAM AIRPORT FROM - of - _. __
SYS EMS, INC. FOR THE CITY
MANAGER'S OFFICE
FINANCING:
Sufficient funds are available in Aviation Improvements Fund 24, Project No.
043808-00, Contingencies to transfer to Project No. 043809-00, Remove Twelve
Tanks . Upon completion of recommendation No. 1 , sufficient funds will be
available in Aviation Improvement Fund 24, Project No. 043809-00, Remove
Twelve Tanks , to remove and dispose of tanks and clean up the site.
Expenditures will be made from Index Code 643189.
MG:f/6
BQN/90-0314/PD
APPROVED BY
CITY COUNCIL
APR 24 1990
City 6sors!=T of the
City of Fort Worth.Taxos
SUBMITTED FOR THE DISPOSITION BY COUNCIL-. PROCESSED BY
CITY MANAGER'S Mike Groomer APPROVED
OFFICE ev
ORIGINATING OTHER (DESCRIBE)
DEPARTMENT HFAD Judson Bailiff 8186 CITY SECRETARY
FOR ADDITIONAL INFORMATION Ben Allen 8357
CONTACT. DATE
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: FINAL PAYMENT— PACE
NUMBER STORAGE TANK REMOVAL AT MEACHAM FIELD 2
11-27-90 **FP-2753 CONTRACT WITH TANK SYSTEMS, INC. 10f
RECOMMENDATION:
It is recommended that the City Council :
1. Accept as complete the Remediation of eleven underground fuel storage
tanks at Meacham Airport; and
2. Authorize Final Payment in the amount of $33,846.94 to Tank Systems,
Inc.
DISCUSSION:
On April 24, 1990 (M&C P-4233), the City Council authorized the City Manager
to purchase the removal , disposal and site clean-up of twelve underground
storage tanks at Meacham Airport, from Tank Systems, Inc., for the low bid
in the amount of $270,790. Due to the uncertain quantities of potentially
contaminated soil , Tank Systems, Inc., submitted its low bid of $270,790
based on estimated quantities prepared by City staff.
On October 16, 1990 (M&C C-12559), the City Council authorized the City
Manager to execute an amendment to City Secretary Contract No. 17823 with
Tank Systems, Inc., for additional removal , disposal and site clean-up of
the underground storage tanks at Meacham Airport. This contract amendment
increased the contract amount by $67,680 from $270,790 to $338,470.
Following is a breakdown of the project timetable and costs:
Project Name: Underground Storage Tank Removal at Meacham Airport
Project Number: 43809-00
Contract Number: 17 2
Contractor: Tank Systems, Inc.
Contract Awarded: April 24, 1990
Work Order Dated: April 24, 1990
Work Order Effective on or Before: May 9, 1990
Work Began: May 8, 1990
Contract Time Began: May 9, 1990
Project Substantially Completed: July 20, 1990
Final Inspection Made: August 31, 1990
Contract Time Provided: 56 days
Extended Contract Time: 83 days
Contract Time Used: 78 days
Project Cost:
Original Bid Price: $270,700.00
Approved Contract Price Amendment $ 67,769.40
Adjusted Bid Price $338,469.40
Final Contract Payment $338,469.40
Amount of Previous Payments $304,622.46
Final Payment Due $ 33,846.94
DATE REFERENCE SUBJECT: FINAL PAYMENT-UNDERGROUND PACE
NUMBER STORAGE TANK REMOVAL AT MEACHAM FIELD 2 of 2
11-27-90 **FP-2753 CONTRACT WITH TANK SYSTEMS INC.
Compliance With Specifications:
This project has been completed in accordance with the requirements of the
contract.
FINANCING:
Sufficient funds are available in Aviation Improvements Fund GC24, Center
No. 020240438090, Remove Twelve Tanks.
DAI :o
02TANK
BY
s f COUNCIL
1:! 1390
SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED By
CITY FFI CF B�MANAGERS
„ Ruth Ann McKinney 6125 ❑ APPROVED l
FFI
OTHER (DESCRIBE)
ORIGINATING
DEPARTMENT HEAD: Rick Hay 6095 CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Rick Hay 6095 DATE