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HomeMy WebLinkAboutContract 17823 l 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. C-1 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, 0-2 1 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 I C-3 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: C-4 "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. l C-5 J 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. J C-6 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 r C Cont act Auth riz on Aa±e C-7 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." J C-8 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. five 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) C-9 (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 I f C-10 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, J 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. I 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 I ' Rev. 09/18/89 1 1 7 1 1 1 7 7 1 1 7 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. . five 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 C-12 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 . 7` C-13 1 1 J 9 1 D 1 1 7 7 7th May 90 7 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 J J C-16 _ 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 C-17 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 GC-2 1 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 Y 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 3 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 GC-7 1 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 GC-9 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 e� � `�1 PROJECT SITE I1� y e' F 36th 9 d Os 35t11' • J It it 11 11 I = t/41 1 3 °Mapsco, Inc. 1\ ' \ �\ I l_ .. _ _' I \ Gulf` \ ' . ``I I /• ; � 1m \• F.. 11l 11, • J 1 cc 11= 1 II 38th FAL ON WAY S�1 s ti s I 4 2 y ;— 37th-_ I y 1 �' f t 1 lu �' �+ 37th 0 1I 0 ac z -▪ 466tt 7 11 1 1 1 o z _ y) Alo 6. \ .- 36 tir�� oi 35:h .. 8 UTILITY EMERGENCY NUMBERS CALL BEFORE EXCAVATING 9 CC t. O 4) NORTHEAST N \ \ "EIGHT -TWENTY TRUMAN \ 1 r^ 9 7G - \ N. 1: \ U .:\-i \ \ \\ \ \ \ \ \ \ \ \. AIRWAY c) I :MOUND RD 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 36 th MEACHAM BLVD-" /C OK 3 T RR /3 MINEOLA v.CORN IN, Vim• DE RI DUO' J /C' "\--.2/ G { to' - _PA q\S �q/T .sa /,e0 TERMINAL RD/v r /4 /6 /8 /2 > MICHAEL Nr ,1.NORMAN JASPER 381h N 0 V _•.. sSELENE 11 38th 0 1BEAUMONTI y\i1 —37th �N - Dramond-HiII • M N. a Pirk 3 = 14 to 35th kr \_ 1 34th . z 34.thz \ — • Z I\ o In O I— = W < J 2I'11 u 7V; I 5 5 LI 3 �f��: f=- — 1z- i�� MEACHAM AIRPORT U.S.T. REMOVAL VICINITY MAP EXHIBIT A ENVIRONMENTAL MANAGERS INC. FORT WORTH,TEXAS 1 • TANK FAR r 7.-- - .• - ........ -- ' ' .../..--' - / .. _..., ......: , . ( ..."''' ,., ,---2 ....• .. .. - .. \ \ \)\\ I' • - 9 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 \II\ . • / /12 j' ream \s' (i-tizzu [El • "•••.„.. \ • 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 5't - I 0 fl GAS'' 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 n 0 x — VENT PIPES d000 Pu p/tJG FACILITIES O 0 N.T,S. 1 .6. ,A!\.11DONEO TTNJV FIE LQ 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 r 04' L_ TANK 2 o 051 GAt- o I 1 0 0 1 0 TANK'* o 05f iq. e''1 I ,� o' SOUTH TAN F1ELr� 1:1 N.T S. 1 L ----- -- C Jai! FI MEACHAM AIRPORT U.S.T. REMOVAL SOUTH TANK FIELD EXHIBIT F ENVIRONMENTAL MANAGERS INC. FORT WORTH, TEXAS i i 7 9 i i 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