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Home My WebLink AboutContract 20987 �...._ �_�__. ��.�...a .�.Y.�.._ �, �, �.:.� �n.,�.�. _�,... �.��. w._..� �.......,� .�,,.,. .. . ....e.�� . ..._ ..� e.._� f I I � �. H � ,� � e � i l �I �� r i � � � { r �j ffI I �� y� J 4 I� �? M f j I f J G � w� I � � � � � �� U � „, �, � *^ � � � 9 � µ ( t I =�d �" �^ �� I �� p { e ,4 M'� � J{ ,�i'" " � "" '"". "' ` i "". '''�'r� ".�y � it � � "` if � � l � � �� I � � I �.�..._ 1 P S ECIFICATIONS AND - CONTRACT DOCUMENTS _J -� FOR THE - REMOVAL, DISPOSAL AND SITE CLEANUP OF TWO WASTE SOLVENT UNDERGROUND STORAGE TANKS AND MISCELLANEOUS APPURTENANCES LOCATED AT: HANGER 12N FORT WORTH MEACHAM AIRPORT 4201 NORrri MAIN STREET FORT WORTH, TEXAS 76106 PREPARED FOR THE CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENVIRONMENTAL. MANAGEMENT KAY GRANGER ROBERT TERRELL MAYOR CITY MANAGER JANUARY 1995 PROJECT # DEM95-01 . 1 PST ENVIRONMENTAL MANAGERS, INC. CONSULTANTS 2822 West Lancaster Avenue a Fort Worth, Texas 76107 a Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE ENVIRONMENTAL MANAGEMENT FUND IN THE AMOUNT OF $10, 809. 12 FOR THE PURPOSE OF FUNDING THE REMOVAL OF TWO UNDERGROUND HAZARDOUS WASTE STORAGE TANKS AT MEACHAM AIRPORT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for the Fiscal Year 1994-95 and in the Budget of the City Manager, there shall ' also be increased estimated receipts and appropriations in the Environmental Management Fund in the amount of $10, 809. 12 for the purpose of funding the removal of two underground hazardous waste storage tanks at Meacham Airport. SECTION 2. Should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgement shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 11645 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. I This ordinance shall take effect and be in full force and effect and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: C' y ttor Date / Adopted Effective I SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE REMOVAL, DISPOSAL AND SITE CLEANUP OF TWO WASTE SOLVENT UNDERGROUND STORAGE TANKS AND MISCELLANEOUS APPURTENANCES LOCATED AT: HANGER 12N FORT WORTH MEACHAM AIRPORT 4201 NORTH MAIN STREET FORT WORTH, TEXAS 76106 PREPARED FOR: THE CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT KAY GRANGER MAYOR C PMAT AG JANUARY 1995 3 7`�`' y ENVIRONMENTAL MANAGERS, INC. CONSULTANTS 2822 West Lancaster Avenue • Fort Worth, Texas 76107 TABLE OF CONTENTS 1 PART A: DisclosureStatement...............................................................................................A-1 ProjectDirectory......................................................................................................A-2 Noticeto Bidders .........................................................................................A-3 to A-4 Special Instructions to Bidders...................................................................A-5 to A-7 2. PART B: Proposal......................................................................................................... B-1 to B-8 BID SUBMITTAL REQUIREMENTS CHECKLIST.....................................B-9 BidSecurity.............................................................................................................B-10 Experience Record................................................................................................B-11 List of Proposed Subcontractors..........................................................................B-13 List of Proposed Equipment Items......................................................................B-14 City of Fort Worth Disadvantaged Business Enterprise Bid Specifications................................................................B-A to B-J •Equipment Schedule..............................................................................................B-15 Vendor Compliance Statement ...........................................................................B-16 Certificate of Registration for UST Contractor................................................B-17 Certificate of Insurance Form..............................................................................B-18 Construction Schedule..........................................................................................B-19 Contractor Occupational Safety Certification Form....................................................................................................................B-20 •Disposal Facility Identification Statement.........................................................B-21 •Treatment Facility Identification Statement.....................................................B-22 Informational Data................................................................................................B-23 WeatherTable........................................................................................................B-24 •Prevailing Wage Rates............................................................................B-25 to B-26 3. PART C: General Conditions............................................................................... C-1 to C-43 4. PART D: Special Conditions...................................................................................... D-1 to D-6 5. PART E: Specifications.................................................................................01010-1 to 02514-5 6. PART F: •Contractor Compliance with Worker's Compensation Law..................F-1 to F-2 7. PART G: PerformanceBond......................................................................................G-1 to G-3 •Payment Bond .............................................................................................G-4 to G-6 8. PART H: Contract........................................................................................................H-1 to H-7 9. PART I: Drawings...........................................................................................................I-1 to I-3 1409027A City of Fort Worth September 1994 10. PART J: SpecialForms .............................................................................................J4-1 to J7-1 .............................................................................................................J10-1 To J10-3 11. PART K: Analytical Data on Tank Contents..............................................................K-1 to K-5 12. PART L: Notes.............................................................................................................................L-1 p a. 1409027A City of Fort Worth September 1994 DISCLOSURE STATEMENT ALL INFORMATION CONTAINED IN R DISCLOSED ISCLOSED BY THIS DOCUMENT IS CONSIDERED PROPRIETARY INFORMATION BY ENVIRONMENTAL MANAGERS INC. (EMI) AND IS PRODUCED FOR NON-EXCLUSIVE USE BY THE CITY OF FORT WORTH, TEXAS. IT SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT PERMISSION OF EMI. COPIES REQUIRED FOR PROJECT BIDDING AND CONSTRUCTION WILL BE SUPPLIED BY EMI. THESE SPECIFICATIONS HAVE BEEN DEVELOPED WITH A STANDARD OF PRACTICE COMMENSURATE WITH THE CONTRACTED REQUIREMENTS AND LIMITATIONS. HOWEVER, DUE TO THE LACK OF INFORMATION REGARDING SITE SPECIFIC PROJECT CONDITIONS, CERTAIN ITEMS OR CONDITIONS MAY NOT HAVE BEEN ADDRESSED. EMI CAN ONLY BE RESPONSIBLE FOR THE SPECIFICATION CONTENT HEREIN AND NOT FOR ANY PROJECT APPLICATION WITHOUT OUR REVIEW OF THE APPLICATION AND SUBSEQUENT ENGINEERING INPUT. END OF SECTION 1409027A A- 1 City of Fort Worth September 1994 PROJECT DIRECTORY Representative Owner City of Fort Worth Department of Environmental Mr. Brian Boerner Management 1000 Throckmorton Fort Worth, Texas 76102 (817)871-8079 t Engineer Environmental Managers Inc. Mr. Ned K.Burleson, P.E. ' 2822 W.Lancaster Fort Worth, Texas 76107 (817)870-2017 General Contractor Owner Testing Laboratory ' END OF SECTION v rY 1409027A A -2 City of Fort Worth September 1994 NOTICE TO BIDDERS Sealed proposals for the furnishing of all labor, materials and equipment necessary for the following: The removal, disposal and site clean-up of two waste solvent underground storage tanks and miscellaneous appurtenances and equipment required to complete the project as described by these plans and contract documents. Addressed to Mr. Robert Terrell, 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, January 26, 1995 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 one hundred dollar ($100.00) deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for fifty dollars ($50.00) 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, NO MORE THAN FIVE DAYS AFTER THE BID DATE. 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 City Code Sections 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. A pre-bid conference is scheduled for 9:00 a.m. January 12, 1995, in the Aviation Conference Room on the 2nd floor of the Fort Worth Meacham Airport Terminal Building, 4201 N. Main Street, Fort Worth, Texas. ' No bid will be accepted from anyone not attending the pre-bid conference. ' All bids must be submitted on the original Proposal form furnished by the Owner. NO FAX BIDS WILL BE ACCEPTED. The major work on this project shall consist of the following: 1. Excavation, removal and disposal of two waste solvent underground storage tanks. h 2. Concrete pavement removal. 3. Overexcavation of contaminated soils as directed by the Engineer. 4. Cleaning and grouting of floor sump drains and piping, or, removal of floor sump drains and piping, as directed by the Engineer. 1409027A A -3 City of Fort Worth September 1994 5. Backfilling of underground storage tank and piping excavations, grass sodding, and general site cleanup. Bid security is required in accordance with the Special Instructions to Bidders. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of 60 days from the date bids are opened. The award of contract, if made, will be within 60 days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. 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. Robert Terrell City Manager Alice Church City Secretary ADVERTISING DATES: January 5, 1995 January 12, 1995 BY: ' Brian Boerner, Acting Director Department of Environmental Management 1409027A A - 4 City of Fort Worth September 1994 SPECIAL INSTRUCTIONS TO BIDDERS 1. PAYMENT BOND AND PERFORMANCE BOND. 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 F of the contract and upon payment of all persons supplying the labor or furnishing the materials used on this project. 2. SURETY FOR BID SECURITY AND BONDS: No sureties will 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. ' 3. PRE-BID SITE 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 and paid for by Owner unless otherwise provided in the Contract Documents. 4. 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. 5. 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. 6. DISCREPANCIES AND ADDENDA: Should a bidder find any discrepancies in the drawings and/or 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. 7. LIQUIDATED DAMAGES: The deduction for liquidated damages shall be reflected on page H-2 of these contract documents when this contract is executed. 1409027A A- 5 City of Fort Worth September 1994 See General Conditions C7-7.11 for liquidated damages schedule. 8. CONTRACT BROKERIN • 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. 9. UNBALANCED BIDS: All prospective bidders are hereby notified that any presentation made in the bid proposal which reflects the submission of unbalanced bid item(s) will be rejected. ' 10. 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 contract. (B) Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to 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. 11. INSURANCE REQUIREMENTS: Within ten (10) days of receipt of notice of award of contract, the Contractor shall provide, along with executed Contract ' Documents and bonds, proof of insurance coverage which meets the requirements of item C3-3.11 of the General Conditions. The City of Fort Worth reserves the right to request additionally any other insurance coverages as may be required by ' the project. REQUIREMENTS FAILURE TO SUBMIT THE FOLLOWING ITEMS WITH YOUR SEALED BID SHALL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE. 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. 2. EXPERIENCE RECORD: Bidders shall be required to submit a current EXPERIENCE RECORD to the Owner in order to determine bidder qualifications for performing the specified work. 1409027A A- 6 City of Fort Worth September 1994 a i 3. 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. 4. 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 specified qualification as an "or equal" item to the specified equipment items, prior to awarding the contract. ' 5. 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", shall result in a bid being considered non-responsive to specifications. 7. EQUIPMENT SCHEDULE: The prospective bidder shall be required to submit a current EQUIPMENT SCHEDULE indicating the major construction equipment available for use on this project, to the Owner in order to determine bidder qualifications for performing the specified work. 8. 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 Natural Resource Conservation Commission pursuant to Title 30 TAC Chapter 334, Subchapter I, 334.402 "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 a preliminary construction schedule for the Work, including time frames from receipt of work authorization to completion. (D) 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 Part 1910.120. (E) Each Bid shall identify the treatment/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. ALL BID DOCUMENTS MUST BE SUBMITTED IN THE ORIGINAL SPECIFICATION DOCUMENT AS ISSUED BY THE CITY AND SHALL BE COMPLETELY INTACT AND IN THEIR ORIGINAL ORDER. 1409027A A -7 City of Fort Worth September 1994 Y BID PROPOSAL TO: Mr. Robert Terrell City Manager Fort Worth, Texas FOR: The removal, transportation, disposal and site cleanup of two waste solvent underground storage tanks and miscellaneous appurtenances located at Meacham Airport Hangar 12 N, 4201 N. Main Street, Ft. Worth, Texas 76106-2736. 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 necessary 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 Bonds 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: Pa Approximate Description of Items Unit Pay pp p t Total Item Quantity Bid Written in Words Pri Price w 1. 750 Gal Removal, Transportation and Treatment/Disposal of Tank Liquids; 0 to 750 Gallons @ One ------------------ --------------- Dollars & 68/100 Cents/Gallon $ 1.68 $ 1,260.00 2. 25 SY Removal and Disposal of Existing Concrete Sidewalk Pavement as Directed by the Engineer: 0 to 25 Square Yards @ Thirteen ------------- --------------Dollars & 99/100Cents/Square Yard $ 13.99 $ 349.75 1409027A B - 1 City of Fort Worth September 1994 �r. Pay Approximate Description of Items Unit Total Item Ouantity Bid Written in Words Price Price 3. 20 SY Removal and Disposal of Existing g Concrete Sidewalk Pavement as Directed by the Engineer; 25 to 45 Square Yards @ Thirteen ------------ ------------ Dollars & 99/100 Cents/Square Yard $ 13.99 $ 279.80 4. 2 EA Excavation and Removal of Underground Storage Tanks and Miscellaneous Appurtenances @ One Thousand Three Hundred Ninety-Four Dollars & 36/100 Cents/Each $_1,394.36 $ 2,788.72 5. 2 EA Transportation and Disposal of Underground Storage Tanks and Miscellaneous Appurtenances @ One Hundred ---------- -------------- Dollars & no/100 Cents/Each $ 100.00 $ 200.00 6. 50 CY Overexcavation of Underground Storage Tank Pit Area for Contaminated Soils as Directed by the Engineer; 0 to 50 Cubic Yards @ Forty-Five ------------ o y ive ------------ Dollars & no/100 Cents/Cubic Yard $ 45.00 $ 2,250.00 1409027A B -2 City of Fort Worth `g Pay Approximate Description of Items Unit Total Item Quantity Bid Written in Words Pri Price 7. 50 CY Compacted Engineer Approved P g PP Backfill for Project Excavations; 0 to 50 Cubic Yards @ Twe lve ------------- - ------ Dollars & 17/100 Cents/Cubic Yard $ 12.17 $ 608.50 8. 50 CY Compacted Engineer Approved Backfill for Project Excavations; 50 to 100 Cubic Yards @ Twelve ------------- -------------- Dollars & 17/100 Cents/Cubic Yard $ 12.17 $ 608.50 9. 100 CY Transportation and Treatment/ Disposal of Hazardous Waste Soils; 0 to 100 Cubic Yards @ Two Hundred Sixty-Five -------------- Dollars& 45/100 Cents/Cubic Yard $ 265.45 _$ 26, 545.00 10. 100 CY Transportation and Treatment/ Disposal of Class 1 Non-hazardous Soils; 0 to 100 Cubic Yards @ Seventy ------------- -------------- Dollars & 81/100 Cents/Cubic Yard $ 70. 81 $ 7,081.00 0 1409027A B -3 City of Fort Worth Pay Approximate Description of Items Unit Total Item Quantity Bid Written in Words Pri Price 11. 100 CY Transportation and Treatment/ Disposal of Class 2 Non-hazardous soils; 0 to 100 Cubic Yards @ Seventy --------------- ------------- Dollars & 81/100 Cents/Cubic Yard $ 70. 81 $ 7,081.00 12. 50 CY Backfilling of Non-treated Onsite Soils in Project Excavations 0 to 50 Cubic Yards @ Four ----------------- ---------------Dollars& 63/100 Cents/Cubic Yard $ 4.63 $ 231.50 13. Lump Sum Temporary Relocation and Re- installation of Chain-Link Security Fence as Directed by the Engineer @ Two Hundred Sixty-Five -------------Dollars& no/100 Cents/Lump Sum $ 265.00 $ 265.00 14. 2 EA Rinsing and In-place Grouting of Indoor Floor Sump Drains and Associated Piping @ Four Hundred Eight --- ------------ Dollars & 12/100 Cents/Each $ 408.12 $ 816.24 1409027A B -4 City of Fort Worth 9111_ ALTERNATE PAY ITEMS The Owner reserves the right to delete rinsing and in-place grouting of the indoor floor sump drains and associated piping (Pay Item 14) and substitute, at the direction of the Engineer, permanent removal of the two floor drain sumps and associated piping from beneath the concrete building slab (Pay Item 14A, 14 B, 14C and 14D.). Pay Approximate Description of Items Unit Total Item Quantity Bid Written in Words Pri Price 14A. 2 EA Permanent Removal and Disposal of Indoor Floor Sump Drains and Associated Piping @ Two Hundred Fifteen --- ------------- Dollars & 75/100 Cents/Each $ 215. 75 $ 431.50 14B. 10 SY Removal and Disposal of Concrete Floor as Necessary to Access Indoor Floor Sump Drain and Associated Piping; 0 to 10 Square Yards @ Twenty -------------- --------------Dollars & 98/100 Cents/Square Yards $ 20.98 $ 209.80 14C. 10 CY Overexcavation of Pipe Trenches Beneath Building Floor as Directed by the Engineer; 0 to 10 Cubic Yards @ Forty-Five ---------- ------------ Dollars & no/100 Cents/Cubic Yard $ 4 5.00 $ 450.00 1409027A B - 6 City of Fort Worth Pay Approximate Description of Items Unit Total Item Quantity Bid Written in Word Price Price 15. 100 SY Solid Block Bermuda Sodding; 0 to 100 Square Yards @ Five ---------------- -------------- Dollars & 33/100 Cents/Each $ 5. 33 $ 533,00 ' 16. Lump Sum Project Trench Safety @ Two Hundred Fifty ---- -------------- Dollars & no/100 Cents/Each $ 250.00 $ 250.00 17. 2 EA Integrity Testing of Indoor a Floor Sump Drain Piping @ One Hundred Fifty --- ------------- Dollars & no/100 Cents/Each $ 150.00 $ 300.00 TOTAL BASE BID $ 51,448.01 1409027A B -5 City of Fort Worth September 1994 91 Pay Approximate Description of Items Unit Total Item Quantity Bid Written in Words Price Price 14D. 10 SY Repair and Replacement of Concrete Floor; 0 to 10 Square Yards @ One Hundred Six --------- ------------ Dollars & 04/100 Cents/Cubic Yard $ 106.04 $ 1 ,060.40 TOTAL BID SUBSTITUTING ALTERNATE PAY ITEM 14A, 14B, 14C, AND 14D FOR PAY ITEM 14. $ 52,783.47 1409027A B - 7 City of Fort Worth September 1994 This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.4 (F) of the Texas Limited Sales Excise and Use Tax Act. 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 of certificate in lieu of the tax, said exemption certificate complying with M State Comptroller's ruling # 95-1.07. 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# 95-1.09 as amended to be effective October 2, 1968. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The undersigned agrees to complete all work covered by these contract documents for the bid proposal amount within the stated calendar days from and after the date for commencing work as set forth in the written Work Order to be issued by the City, and to pay not less than the "Prevailing Wage Rates" as established by the City of Fort Worth, Texas. The City reserves the right to reject any and all bids without explanation and to waive any and all formalities in connection with the bid opening. The City shall not be obligated to the bidders in any way. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and all accompanying documents and will deliver approved surety Bonds for the faithful performance of this contract. The attached cashier's check in the sum of Two Thousand Six Hundred Thirty-Nine andJ7f 100----------Dollars ($ 2,639.17 ) is to become the property of the City or the attached Bidder's Bond is to befor end in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. Receipt is acknowledged by the Bidder of the following addenda: Addendum No. 1 January 20, 1995 Addendum No. 2 Addendum No. 3 Respectfully submitted, EAGLE CONSTRUCTION AND ENVIRONNMEENTAL SERVICES, INC. By: /`9 3' Marc W. Walraven - Vice President (SEAL) Date: January 25, 1995 1409027A B - 8 City of Fort Worth BID SUBMITTAL REQUIREMENTS CHECKLIST The following items must be completed in full and submitted with the sealed bid in order to be considered as a responsive bid. DOCUMENT COMPLETED DOCUMENT AND SUBMITTED 1. Proposal X 2. Bid Security X 3. Experience Record X 4. List of Proposed Subcontractors X 5. List of Proposed Equipment Items X 6. City of Fort Worth Disadvantaged Business Enterprise Bid Specifications X 7. Equipment Schedule X 8. Vendor Compliance Statement X 9. Certificate of Registration for UST Contractor X 10. Certificate of Insurance Form X 11. Construction schedule X 12. Contractor Occupational Safety Certification Form X 13. Disposal Facility Identification Statement X 14. Treatment Facility Identification Statement X 1409027A B - 9 City of Fort Worth G,. BID SECURITY 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) percent 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. Attach bid security here. M M 1409027A B - 10 City of Fort Worth i ............ ............ ....... ... . .. ....... .. . . .......... ... ... ... ........... . ... ........... D & D Surety and Insurance Agency 500 N. Central Expressway ' I Suite 223 1 ' Plano, Texas 75074-6762 �J I Phone Number 214-578-5404 Fax Number 214-578-5407 EXPERIENCE RECORD List of Similar Projects your Organization has successfully completed: AMOUNT OF DATE NAME, ADDRESS, CONTRACT TYPE OF WORK ACCEPTED PHONE NUMBER AWARD OF OWNER $ 14,097.00 UST Removals - 5/94 Harbert Constructio Oil/Water Dept. of the Air Force Separators Dyess AFB, Texas 3607-9565 915/692-8396 $ 141,600.00 UST Removal and 1/93 City of Fort Worth Installation 1000 Throckmorton SE Service Ctr. Fort Worth, Texas 76101 ' 817/871-8079 $ 467,000.00 Removal and City of Fort Worth 10/93 Installation of 1000 Throckmorton UST and AST Fort Worth, Texas 76101 817/871-8079 Dept. of the Navy $ 467,000.00 JP-5 Tank 7/93 Chase Field, Bldg. 048 Closures Beeville, TX 78103 5000 512/354-5453 $ 1,300,000.00 Trmanns. , Disposal 3/94 P. 0. Box 13087 of Tar/Sludge Austin, Texas 78711-3087 from ASTs 512/239-2154 List of Similar Projects your Organization is now engaged in completing: ' AMOUNT OF EXPECTED NAME,ADDRESS, CONTRACT TYPE OF WORK DATE OF PHONE NUMBER AWARD COMPLETION OF OWNER ' $ 122,441.00 UST Removals 2/95 Wm. Cameron & Co. 302 South 27th Str et Waco, Texas 7671 817/753-5345 $ 111,148.00 UST Removals 2/95 Geraghty & Miller 111 Congress Avenu Austin, Texas 78 Ol 512/479-6934 $ 5,720.00 UST Removal 3/95 Dames &Moore 5151 Beltline Driv Dallas, Texas 75, 40 214/980-4961 w. U I1409027A B - 11 City of Fort Worth List Surety Bonds in Force on above incomplete work: DATE OF NAME, ADDRESS, CONTRACT TYPE OF WORK AMOUNT PHONE NUMBER AWARD BOND OF BOND OF SURETY D & D Surety August, 1994 T Rated. 50,000.00 500 N. Central Exp. Plano, TX 75074-6-162 214/578-5404 D & D Surety October, 1994 T Rated 14,177.80 500 N. Central Exp Plano, TX 75074-6 62 214/578-5404 D & D Surety September, 1994 T Rated $ 2,168.00 500 N. Central Exp Plano, TX 75074-6" 62 r 1409027A B - 12 City of Fort Worth a LIST OF PROPOSED SUBCONTRACTORS INSTRUCTION: Indicate the name, address and telephone number for each applicable subcontractor proposed to be used on this project. ACTIVITY NAhJE AND,ADDRESS PHONE # en Tex Seeling 1 Re-Sodding 3312 Joyce Drive - Fort Worth 817/224-6024 2 Backfill/Truckin g Tucker Earth Haulers 11500 Mosian Valley Rd. , Euless 817/571-2777 Reyes Maintenance and Constr. 3. Concrete 4328 Avenue H - Fort Worth 817/535-4576 4. 5. 6. 7. S. 9. 10. 11. 12. ' 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 1409027A B - 13 City of Fort Worth LIST OF PROPOSED EQUIPMENT ITEMS Instruction: The specifications and plans include new equipment items. If the Bidder wishes to use unspecified, but equal, equipment in the Project, then these equipment items must be shown below for review by the Owner as "equal" substitutions. Complete the information below for each item of equipment to be substituted. Each substituted equipment item must be accompanied by manufacturer's specification data and all other applicable information { required for review in determination of "as equal." If no non-specified equipment is to be utilized on this project, then the Bidder should so indicate. Equipment Specification Proposed Manufacturer Item Reference Manufacturer Model Number 1. N/A N/A N/A N/A ' 2. 3. 4. 5. 6. 7. a 8. 9. 10. 11. ' 12. 13. 14. p 15. 16. 17. 18. 19. 20. 1409027A B - 14 City of Fort Worth l CITY OF FORT NORTH l DISADVANTAGED BUSINESS ENTERPRISE I3ID SPECIFICATIONS ISECTION I : ll 1 . POLICY STATEMENT I It is in the best interest of the Citr to promote the equitable q utilizatio; of DBE firms in city contracting in order to eradicate the lingering I effects of past discrimination and to prevent the City ' s own spending decisions from reinforcing and perpetuating the exclusionary effects o; past discrimination; while at the same time maintaining a high quality o; goods and services provided to the City through competitive bidding a: required by Iaw. Therefore, it is the policy of the City of Fort Worth ti ensure the full and equitable participation by DBE firms in the provisio, of all goods and services to the City on a contractual basis . Thi objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBE firms which are capable of , providinj goods and services directly or indirectly to the City. Upon request , the City will assist DBEs by providing them with information on bic specifications , compliance with procurement policy and fulfillment oi general bid requirements . In addition, the City will provide information in job performance requirements , procurement opportunities anc prerequisites for bidding in City contracts . The City will encourage joint ventures between DBEs , as well as between majority firms and DBE firms on City procurement activities . JThe City will use its best efforts to insure that current and future DBEs are informed of coordination with assistancereorganizations land pIacinghcertified contact , coordination J the City ' s bid list . 2. DBE GOAL The City ' s goal is 15% of the dollar value of contracts for DBEs. aOn City contracts ' of $25 , 000 or more bidders are required to meet the established minimum goal , or upon failure to meet the goal documentation of their _"Good Faith Efforts" . If the contract amountvlis J less than $25 , 000 , the bidder is not required to submit the DBE information packet . J 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. JFAILURE TO SUBMIT DBE DOCUMENTATION AS REQUIRED WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. 1 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 . Rev. 11/13/90 J 1 1 3 . DEFINITION OF DBE lFor the purposes of this policy: 1 1 . "Disadvantaged Business Enterprise" is defined as a business concern currently doing business and/or located in the Fort Worth/Dallas metroplex meeting the following criteria: a. which is at least 51 percent owned by one or more socially and economically disadvantaged individuals , or in the case of any publicly owned business , at least 51 percent of the , 1 stock is owned by one or more socially and economically disadvantaged individuals ; and b. whose management and daily business operations are con- trolled by one or more of the socially and economically disadvantaged individuals who own it ; and c. whose owners are citizens of the United States or lawfully admitted permanent residents . d. any person, firm, corporation, or partnership which has a current certification from the Small Business Administration under Section 8 (a) of the Small Business Act . 2. "Socially Disadvantaged Individuals" means individuals who have been subject to racial or ethnic prejudice or cultural bias because of their identify as a member of a group without regard to their qualities as individuals or capabilities as a business . 3 . "Economically Disadvantaged Individuals" means socially disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished opportunities to obtain capital and credit as compared to others in the same line of business who are not socially Qdisadvantaged. 4 . For the purpose of this Policy, the City shall require all individuals to submit a narrative explaining their economic and social disadvantage- ness with each certification and renewal application. Certification will not be considered without submission of this narrative. J 5 . "Offeror" means any person, firm, corporation, or partnership which submits a bid or proposal to provide labor , goods or services to the City where City funds are expended. J ' JBev. 11/13/90 U _ I SECTION II : l 1 . COMPLIANCE WITH THE CITY ' S DBE PROGRAM J The City will consider the bidders performance regarding its DBE 1 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 met . 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 ) 871-6104 to obtain a Certification Form (Schedule A) , complete the Compliance �j Statement , Attachment IA, and return it as required J 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 B) and Attachment 1B , sign the Compliance Statement , Attachment 1A, and return them as required pursuant to paragraph 2 of Section 1 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 1 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 1B to show the DBE participation You will have, sign the Compliance Statement (Attachment J 1A) and return them as required pursuant to paragraph 2 of Section _1 hereof. JNote : 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) 871-6104 to obtain a JCertification Form (Schedule A) . JRev. 11/13/90 l 1 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 "Good I Faith and Honest Efforts" . The City must determine that the f bidder ' s efforts were those that , given all relevant circumstances , a bidder actively seeking to meet the goal would make . Sizn the Compliance Statement (Attachment 1A) . complete Attachment 1C and provide any additional documentation that sill substantiate your "Good Faith Efforts" . Return all forms and information as required pursuant to paraZraph j� 2 of Section 1 hereof . J SECTION III : . 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 Worth, Texas 76102 Phone: (817) 871-6104 W The following agency may be able to provide assistance in identifying additional DBE firms to meet your goals : Small Business Development Office 2315 North Main Street , Suite 300 Fort Worth, Texas 76106 Phone : ( 817 ) 625-4331 J J J J . 1 Rev. 11/13/90 l l Attachment IA DBE COMPLIANCE STATEMENT 1 The undersigned bidder hereby certifies that they will comply with the DBE Policy in the following manner. (check 1 , 2 , or 3) l PLEASE READ INSTRUCTIONS : DBE GOAL. Section 1 , Paragraph 2 . Page 1 1 . ENTIRE CONTRACT SUPPLIED BY DBE -(check certification status) Certified by the City of Fort Worth In the process of being certified by the City of Fort Worth NOTE: FAILURE TO SUBMIT THIS INFORMATION WILL RESULT I BID BEING CONSIDERED-NON-RESPONSIVE TO SPECIFICATIONS . 2. X CONTRACT SUPPLIED WITH DBE PARTICIPATION If DBE participation meets or exceeds the City' s goal , complete Attachment 1B . J If DBE participation is less than the City' s goal , you must complete Attachment 1B and Attachment 1C 3 . CONTRACT SUPPLIED WITHOUT DBE PARTICIPATION Complete the "Good Faith Effort" Documentation Form, Attachment 1C EAGLE CONSTRUCTION AND WGl/ ENVIRONMETNAL SERVICES, INC. Authorized Signature Marc W. Walraven Name of Company Vice President January 25,_,19 95 Title Date The bidder further agrees to provide directly to the City upon request , complete and accurate information regarding actual work performed by the JDBE on the contract , the payment therefore and any proposed changes to the original DBE arrangements submitted with this bid/proposal . The bidder also agrees to allow an audit and/or examination of any books , records , and Jfiles held by their company that will substantiate the actual work performed by the DBE on this contract , by an authorized officer or employee of the City. Any material misrepresentation will be grounds for Jterminating 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. 11/13/90 J i _, I L_- L___ L__J i LJ EJ J • EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. !NAME OF 'PRIME CONTRACTOR COMPANY NAME, ADDRESS AND TELEPHONE NUMBER Reyes Maintenance & Constx . 1600 S. Hughes - Ft. Wortt 817/535-4576 Cen Tex Seeding 3312 Joyce Dr., Ft. Worth 817/224-6024 Tucker Earth Haulers 11500 Mosian Valley Road Euless 817/571-2777 Cowtown Traffic Control 2724 Bryan - Fort Worth 817/738-0511 NAME OF PERSON CONTACTED Olga Reyes Previous Contact .September 1994 Gavle Juraschck. Benny Tucker Paul Edwards CITY OF FORT W0RTH SCHEDULE OF DBE UTILIZATION SCOPE OF WORK TO BE PERFORMED Concrete Sodding Attachment 1 Date of Report January 24, 1995 Bid No. DEM 9 5-01:1 P ST DOLLAR AMOUNT OF WORK 936.00 450.00 Clean Backfill Trucking 3,817.00 125.00 Barricades Port -A -Potty CERTIFIED BY DBE CITY Yes Yes Yes Yes Yes HFSD4357N0293 WFSD2821N1294 BMSD1338N0494 The undersigned will enter into a formal agreement with Disadvantaged Contractors for work IIstec in this schedule conditioned upon execution of a contract with the City of Fort Worth. DATE: 1/24/95 SIGNATURE: r'lG (.�/�'`�� TITLE: Vice President Rev. 11/13/90 ' Removal, Disposal and Site Cleanup of Two Waste Solvent USTs & Misc. Appurtenances Attachnent 1C Project Name Pact 1 of 4 DEM95-01:1PST 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 WILL BE CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS" 1 . Did you obtain a list of DBE firms from the City' s DBE Office? ' Yes X 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 X No City of Fort Worth - DBE Office. ' 3 . Please list each and every subcontracting/supplier opportunity which will be used in the completion• of this project. Reyes Maintenance and Construction ' Tuckers Earth Haulers Cen Tex Seeding If none, please explain in detail . 4 . Did you send written notice to DBE firms soliciting their bids Oon this project? Yes No X If yes, attach copy(s) . Rev. 11/13/90 e • l 1 Attachment 1C Page t of 4 1 5 . Did you solicit bids from DBE firms by telephone? Yes X No l If yes , list firms and the results of these efforts on page 3 of IC. 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. 7. Did you solicit bids from DBE firms by Advertisement in the ` Newspaper? Yes No X If yes , attach copy(s) of Advertisement . J 8 . If you propose to perform the entire contract without subcontractors or J suppliers, please provide a detailed explanation below that proves , based on the size and scope of the project , this is your normal business practice. a 0 J9 . Please provide any additional information ou feel el will further explain your good faith efforts to solicit bids from DBEs on this project . The Jcomposition of your work force is not a consideration. J J . Rev. 11/13/90 J This form is to be used when answering question 5 from the preceding page. COMPANY NAME, NAME OF PERSON TYPE OF WORK ADDRESS AND TELEPHONE CONTACTED Reyes Maintenance & Constr. 1600 S. Hughes - Ft. Worth 817/535-4576 Tucker Earth Haulers 11500 Mosian Valley Road Euless, TX 817/571-2777 Cowtown Traffic Control 2724 Bryan - Ft. Worth 817/738-0511 Cen Tex Seeding 3312 Joyce Drive Fort Worth 817/224-6024 Olga Reye s Benny Tucker Previous Quote of Oct. 1994 Previous Quote of Sept. 1994 PERFORMED 1)BE Concrete Yes Trucking/Backfill Yes Barricades Port -A -Potty Yes Resodding • Yes Attachment IC Pegg 3 of 4 REASON FOR NOT SUBCONTRACTIN - l� Attachment 1C l Page 4 of 4 J The undersigned certifies that the information provided and the DBE(s ) listed ryas/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 1 will be verified by the City' s DBE Office. J 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 City of Fort Worth work for a �J period of not less than six months . Authorized Signature Marc W. Walraven Vice Presitlent Title Contact Person Name and Title ( if different from authorized signature) EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. Company Name P. , 0. Box 872 Eastland, Texas 76448 Address r 817/629-1718 Phone Number(s) January 24, 1995 Date Rev. 11/13/90 EQUIPMENT SCHEDULE List below the major equipment and machinery owned or rented, which will be utilized in the performance of the contract. Check One Equipment Item Year Model Owned Rented 1 Cat 416 Backhoe 1989 X 2. Case 480 Backhoe 1982 X 3. Mack Vacuum Truck 1989 X 4. Mack Haul Truck 1988-1994 X 5. Concrete Saw 1990 X 6. Explosive Meter MSA X 7. 0' Indicator MSA X 8. IH Loader 1985 X 9. 10. 11, 12. 13. 14. 15. 16. 17. 18. 19. 20. 1409027A B - 15 City of Fort Worth a VENDOR COMPLIANCE TO STATE LAW The 1985 Session f h o the Texas Legislature passed Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal lace of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. C=x� BIDDER: EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. By: Marc W. Walraven Company (please print) P. 0. Box 872 Signature: �. Eastland. Texas 76448 Title: Vice President City State Zip (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION 1409027A B - 16 City of Fort Worth CERTIFICATE OF REGISTRATION FOR UST CONTRACTOR Each bid shall be accompanied by a valid Certificate of Registration issued by the executive director of the Texas -Natural Resource Conservation Commission pursuant to Title 30 TAC, Chapter 334, Subchapter I, 334.402, "Certificate of Registration for UST Contractor." Attach certificate here. 1409027A B - 17 City of Fort Worth September 1994 liP '3 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION thirrintth ±inxi tnth (fnthathir Certificate of Registration (NON -TRANSFERABLE) Pr if Iznn(un flinf Eagle Construction and Environmental Services, Inc Iles fulfillyd ttII fllr nrrrssarvr rrqu rrmrnfs and is Ilrrrblr rrisfrrrd as an ndrrgrnund fnragr tank CZnnfrarfnr (uifll fllr .Ltrx rs Rrsnurrr CZnnsrrira#inn anmmissinn and maur rnga r in fllr insfnlla#inn, rrpair, and rrmniral of undrrgrnnnd sfnra$r faiths fui#Ilin fllr $fafr of C`IIrxas pursunnf to Ctiflr 3fl, C`JIrxas Pminisfrafiirr CZndr, CZllapfrr 334, $ubrllapfrr J. C`ItIlis rrrfifirafr (uill hr iralid for nnr vrrar from flir dafr of issuanri . iiegisfrttfinn CRP000209 Chairman TNRCC Ade nfFxpirttfion: April 3, 1995 Ex/cutive Director TNRCC F MOM Lmi E I IIIIII UM TEXAS NATURAL RESOURCE CONSERVATION COMMISSION G'L 1�[ LOl2 �%2ec1Q LlL of cREgidizalion Eagle Construction and Env. Services, Inc. �'zasPu fled attt/'e neeessazy zeyuizements ana/is 4'zeLy 'registered as an ' eozzeetive action cCAecia[ist and t6' Gras ./VatuzaL'esouzce eoniezvation commission ani may engage in eS eozzective action iewices widen de estate of axaiAuzsuant to all; 3o, texas eoc%, aaAleT 334, cci ci'za1tfzal. gki cedi/2ca'e is val2ciso tong as LAis cezti f cate is not zevoLa an,/ zwnecveo accozainy to taw. a1� 4, CERTIFICATE OF INSURANCE FORM Attach copy of certificate(s) of insurance here. J p. f 1409027A B - 18 City of Fort Worth tyw�r Q 1tf[yam; E/r�� ADVOlr1s CE f :... �/� � i � DATE(MM/DD/YY) _ 01/16/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kinnaird,Rossander & Perry ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 104 N. Lamar ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 351 COMPANIES AFFORDING COVERAGE - -- D Eastland, TX 76448 COMPANY —— - — -- ?* (817) 629-3933 A RELIANCE NATIONAL INDEMNITY INSURED COMPANY EAGLE CONSTRUCTION & ENVI B GAINSCO COUNTY MUTUAL BOX 872 COMPANY EASTLAND C LEXINGTON INSURANCE CO EASTLAND, TX 76448 COMPANY D CIMARRON INSURANCE COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POECTIVE TYPE OF INSURANCE POLICY NUMBER DATE LTE(MMFDD/YY) PDATE(MM D/YY)N LT R LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 C X COMMERCIAL GENERAL LIABILITY CN-001549 02/28/94 02/28/95 PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE ❑OCCUR PERSONAL&ADV INJURY $ 1,000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ B X SCHEDULED AUTOS GBA002330 02/28/94 02/28/95 (Per person) B X HIRED AUTOS BODILY INJURY $ B X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ } GARAGE UABWTY AUTO ONLY-EA ACCIDENT $ 110,000 ANY AUTO OTHER THAN AUTO ONLY: D JX INSTALLERS FLOATER SP5125492 02/10/94 02/10/95 EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 4,000 000 C X UMBRELLA FORM CN-001550 02/28/94 02/28/95 AGGREGATE $ 4,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ OTHER A POLLUTION NTB1634430 10/14/94 10/14/95 100000012000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS z CITY OF FT WORTH, ITS OFFICERS, AGENTS, EMPLOYEES, REPS, AND VOLUNTEERS ARE ADDED AS ADDL INS AS RESPECTS OPERATIONS AND ACTIVITIES, OR, OR ON BEHALF OF THE NAMED INS, PERFORMED UNDER CONTRACT WITH THE CITY OF FT. WORTH .:::::.:. .....::::::::. i!t. . rr.11«1....AT .. .. .: .. .. .. :.::: ::::::::.. .......... ...Qh,4�«`Fi...........::::::::::;:::::.�::::._:::<:........:.:..::.:...::::::::::......:..:............::.;:.;...::. ............ .. ..... r` : :: _.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF FT. WORTH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DEPT OF ENVIRONMENTAL MGE BUT FAILURE T�UPqMl;T C TC S LL OBLIGATION OR LIABILITY 1000 THROCKMORTON OF ANY KIN C N GEN OR REPRESENTATIVES. FT. WORTH, TX 761 02-631 1 AUTHORIZED REP ESE IVE 1:::::::::::::::::::::::::::::::::::: :::: . ::::::::::::::::::::::.:...:...:....................... ............................................................:......................................... iC...R.::.:.a 5(3 .:....:.:...:.:.::..:.;.;:.::. :.: .. :.;::.. ..:. ,,.;::.::.::.:::.:::.;:.;:.;.;:.;:.;:.:::: .. f4 ( b CORPORAT#DAk DATE(MM/DD/YY) aCHIia)m I �� 1 � 01/26/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kinnaird,Rossander & Perry ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 104 N. Lamar ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 351 COMPANIES AFFORDING COVERAGE Eastland, TX 76448 COMPANY (817) 629-3933 A TX WORKERS COMP INS FUND INSURED COMPANY EAGLE HOLDING B ;Y BOX 872 COMPANY -- EASTLAND C EASTLAND, TX 76448 COMPANY D GOfiA± B THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD D 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, E)(CLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ CLAIMS MADE 1:1 OCCUR PERSONAL&ADV INJURY $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $ 11F000,000 A THE PROPRIETOR/ X INCL 06-03622-0014 06/28/94 06/28/95 DISEASE-POLICY LIMIT Is 1,000,0w PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ 1,000,0w OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS .: :... ...: .:'.... .:.;:: .: :.::: ..:::......::.:::::. .....;:.r. .:.::.: '..�'i�' ','aT::Q :;. R:tQMF�7..eF.k......................................................................................................`i.+A. ......�r.M"#.1.....................................:.:::::':::::::::::::.::...::...:::.:::.::::::.:....:..::....::::...:::::..:.:::.:.::.:.::. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF FT. WORTH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DEPT. OF ENVIRONMENTAL MG BUT FAILURE TO SUCH I E SH L 1 BLICiA710N OR LIABILITY 1000 THROCKMORTON OF ANY KIND UPO O Y EN OR REPRESENTATIVES. FT WORTH, TX 76102-6311 AUTHORIZED REP SE VE ` . AG....:.:.. 199.:.... t�AGORQ fi?RPC RAMON CONSTRUCTION SCHEDULE IPEach bid shall contain a preliminary construction schedule for the Work, including time frames from receipt of work authorization to completion. Attach construction schedule here. Day 1) Mobilization, Relocate Fence Day 2) Concrete Sidewalk Removal Excavate to Vessels Empty Tanks Clean and Inert Tanks Haul and Dispose of Fluids Remove, Haul and Dispose of Tanks M Day 3) dash and Rinse Floor Drains and Piping Grout and Close Drains and Piping Day 4) Backfill with Clean Removed Soil Backfill with Clean Imported Soil J Day 5) Re-sodd Area Re-install Fence 1409027A B - 19 City of Fort Worth CONTRACTOR OCCUPATIONAL SAFETY CERTIFICATION FORM Removal, Disposal and Site Cleanup of Two Waste M, PROJECT: Solvent Underground Storage Tanks and Misc. Appurtenances Contractor EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, 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 Part 1910.120) and other applicable OSHA standards. Respirator Contractor Personnel Training Certification Examination J T. Ponder 48 Hour Supervisor Passed Polo Jimenez 48 Hour Supervisor Passed Brian Rogers 48 Hour Supervisor Passed James Thackerson 40 Hour Operator Passed Leonard Rackow 40 Hour Operator Passed Dennis Bridges 40 Hour Operator Passed D-4 Ronnie Walraven 40 Hour Operator Passed Frankie Medina 40 Hour Laborer Passed Signed: Date: January 24, 1995 Print Name: Marc W. Walraven On the date below, Marc W. Walraven known to me, 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 24th date of January , 19 95 (/Notary Public My Commission Expires: 02/01/98 Kay Murry 070 4"URR1' (Print or Type Name) RY PUBLIC OF TEXAS r;Expires 2-1-98 1409027A B -20 City of Fort Worth DISPOSAL FACILITY IDENTIFICATION STATEMENT 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, telephone number and EPA and TNRCC Reg. # (if applicable). Attach disposal facility Midentification statement here. M CSC Republic Waste P. 0. Box 236 403 Powell Avalon, Texas 76623 800/256-9278 John Koury TNRCC 1209A Waste Management of North America Fort Worth - Westside Facility 3500 Linkcrest Drive Aledo, Texas 76008 TexasEcologist 3 1/2 Miles South on Petronila Road J Robstown, Texas 78380 800/242-3209 1409027A B -21 City of Fort Worth TREATMENT FACILITY IDENTIFICATION STATEMENT Each bid shall identify the proposed treatment facility intended for this project. The proposed treatment facility must be in accordance with 30 TAC Chapter 335. Include Owner/operator, address and telephone number. Attach treatment facility identification statement here. Soil Solutions I-45 and FM 1182 Ennis, Texas 713/868-9510 Contact: John Elford TNRCC 48111 MTexas Ecologist 3 1/2 Miles South on Petronila Road Robstown, Texas 78380 800/242-3209 Id 0 1409027A B -22 City of Fort Worth September 1994 INFORMATIONAL DATA 1. Weather Table 2. Prevailing Wage Rates 0 0 1409027A B -23 City of Fort Worth September 1994 WEATHER TABLE MONTH AVERAGE DAYS INCHES SNOW/ICE RAIN(1) RAINFALL (2) PELLETS (3) JANUARY 7 1.80 1 FEBRUARY 7 2.36 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. J U1409027A B -24 City of Fort Worth September 1994 1 CITY OF FORT FORTH HIGHWAY CON.'ZMUC-TInN PRFV.A1 LING WAGE RITES FOR 1Qa2 CLASSIFICATION RATE CLASSIFICATI,)\ RATE POWER.F:PUIPMENT OPERATORS ASPHALT HEATFR OPERATOR S10.-25 ASPHALT DISTRIBLTOR $8.40 ASPHALT RAKER SS. S6S ASPHALT PAVTIX ` AC'HINE SQ.051 ASPHALT SHOVELER $8. 255 BROOM OR SWEEPER OP FRATOR $7.008 BATCHING PLANT WEIGHER 59. 371 BL'LLDUZER. 150 HP OR LFSS SR. 701 BATTERBOARD SETTER $8.920 BULLDOZER. OVER 150 HP $9. 160 CARPEWER . 19.4zi7 CONCRETE PAVING CURING MACH $8.213 CARPENTER. HELPER $7.695 CONCRETE PAY FINISHING MACH SQ.:rSI CONCRETE FINISHER (PAY) SQ. 345 CONCRETE PAVING FOR-4 GRADER $8. 500 CONCRETF FINISHER HLPR ( PAY) $8. 1.46 CONCRETE PA ING •1()I\''I' MACH. SQ.042 CONCRETE FINISHER (SIRS ) $9.058 CONCRETE PAVING JOINT SEALR $7.350 ' CONCRETE FINISHER HLPR (STRS) $7.494 CONCRETE PAVINr, FLOAT $7.875 CONCRETE RUBBER $7. 733 CONCRETE PAVING SAW S9.2Q9 ELECTRICIAN $12.761 CONCRETE PAVING SPREADER S9.?50 ELECTRICIAN HELPER $8.436 SLIPFOR}M MACHINE SQ.000 t FLAGGER S5.=�98 CRANE-CLAMSHELL. BACKHOLE. FOR`! BUlLDFR (SIRS) $8.717 DERRICK. DRA,'.1.1NF. SHOVEL FORK BUILDER HLPR (STRS) $7.550 (LESS THAN 1 1/2 CY) $9.513 FORM LINER $8.913 CRA`E.CLA`)SHEI.L. BACKHOLE. FORM SETTER (PAY A CURB) 58.686 DERRICK. DRAGLIYE. SHOVEL FOR`! SETTER HLPR (PAY & CURB) $7.787 ( 1 1/2 CY & OVER ) $10. 517 FOR`! SETTER (STRUCTURES) S8.'-i27 CRUSHING OR SCRNG PLT OPR. $9.500 FORM SETTER HLPR (SIRS) $7.356 FOR`i LOADER St2.000 LABORER. COMMON $6..402 FOUNDATION DRILL OPERATOR LABORER. L?ILITY S7.461 (CRAWLER .40l'N7ED) $10.000 MECILANIr 210.658 FOUNDATION DRILL. OPERATOR MECHANIC HELPER $8.345 (TRUCK `MOLTI,TED) S 1 t. 138 OILER 58.698 FOLIDATION DRILL OPR HELPER $8.688 ' SERVICER $8. 10.4 FRONT END LOADER PILEDRIVER 57.500 (2 1/2 CY OR LESS ) S9.821 PIPELAYER $8.509 FRONT END LOADER PIPELAYER HELPER 57.037 (OVER 2 1/2 CY) 29.311 ' BLASTER 511 .333 HOIST (DOUBLE DRl?M A LESS) SR.917 BLASTER HELPER $7.250 t£ 1409027A CITY OF FORT WORTH September 1994 B-25 - T riTY OF' FnRT WORTH HICH►•'aY roys[RlrTin% !1 PREVAILING ►FACE RATES Fnk 1402 CLASSIFICATION RATE CLASSIFIC.aTION RATF --------------------- ------ P_OirER .DQUIPNENT OPERATORS -• -----___------ POK_FR EQUIPMENT OPERATORS MILLING MACHINE OPERATOR $6.650 WAGON-DRILL. BORING MACH1vE SQ.000 MIXER (OVER 16 C.F. ) 29.000 RFINFORCIN(; .5TFFL _'FTTFR MIXER ( 16 C.F. d LESS) $7.913 ( PAtiI.';(,) $9.218 MIXER- CONCRETE PAVING $9.500 REINFORCING STEEL SETTER MOTOR GRADER OPERATOR (STRUCTURAL) Sll . ir8 (FINE GRADE) $10.346 REINFORCING STEEL SETTER HLP $8.66-, MOTOR GRADER OPERATOR 19.891 STEEL WORXER-STRUM..rR.AL $16. 300 PAVEMENT MARKING M.ACHTNE 16.02 SIGN ERECTOR 111 .436 POSTHOLE DRILLER OPERATOR $9.000 SIGN ERECTOR HELPER 16.402 t ROLLER. STEEL WHEEL SPRF..ADFR BOX nPFP.?TOR 3A.QRA (PLANT-MIX PAVEMEN-TS) $8.339 BARRICADE SERvInEP 2c)cF 4K. $6.402 ROLLER. STEEL WHEEL MOL)NTED SIGN INSTALLER (FLATXHEEL OR TAMPING) $7.963 (PER`LANENT GRO).111) SA-402 ROLLER. PNEUMATIC SELF- PROP $7.403 TRL'CX DRI%'EI'-,7I%*"-;.F AXLE SCRAPER- 17 C.Y. d LESS $8. 138 ( LIGHT) $7.46. SCRAPER- OVER 17 C.Y. 18.205 TRI* X DRII'FR-SItirLF AXLF SIDE BOOM 17.7Q3 (HFAVY) S8.067 TRACTOR- CRAWLER TYPE nL'CX DRIVER-TaNDE`) AXLF. (150 HP d LESS) $8.448 (SEMI-TRAILER ) 37.•816 r TRACTOR- CRAWLER TYPE TRICK DRIVFR-LOWBOY/FLOAT 19.653 (OVER 150 HP) $8.873 TRUCK DRIVER-TRANSIT MIX $7. 507 TRACTOR -PNEUKATIC $7.735 TRUCK DRIVER-WINCH 18. 200 TRAVELING MIXER $7.615 VIBRATOR OPERATOR 37.000 TRENCHING MACHINE-LIGHT' 18.188 WELDER 510.45Q TRENCHING MACHINE-HEAVY $12.298 WELDER HELPER $9.000 1409027A B-26 CITY OF FORT WORTH September 1994 GENERAL CONDITIONS TABLE OF CONTENTS C1-1 DEFINITIONS C-1 C1-1.1 Definition of Terms C-1 C1-1.2 Contract Documents C-1 C1-1.3 Notice to Bidders C-1 C1-1.4 Proposal C-1 C1-1.5 Bidder C-1 C1-1.6 General Conditions C-1 C1-1.7 Special Conditions C-2 C1-1.8 Specifications C-2 C1-1.9 Bond C-2 C1-1.10 Contract C-2 C1-1.11 Plans C-2 ' C1-1.12 City C-2 C1-1.13 City Council C-2 C1-1.14 Mayor C-3 C1-1.15 City Manager C-3 C1-1.16 City Attorney C-3 "Items C1-1.17 & C1-1.18 intentionally deleted" C1-1.19 Engineer C-3 C1-1.20 Contractor C-3 rM C1-1.21 Sureties C-3 C1-1.22 The Work or Project C-3 C1-1.23 Working Day C-3 C1-1.24 Calendar Day C-3 C1-1.25 Ozone Alert Day C-3 C1-1.26 Legal Holidays C-3 C1-1.27 Abbreviations C-4 C1-1.28 Change Order C-5 C1-1.29 Paved Streets and Alleys C-5 C1-1.30 Unpaved Streets and Alleys C-5 ' C1-1.31 City Streets C-5 C1-1.32 Roadway C-5 C1-1.33 Gravel Street C-5 C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C-5 C2-2.2 Interpretation of Quantities C-6 C2-2.3 Examination of Contract Documents and Site C-6 C2-2.4 Submitting of Proposal C-6 a C2-2.5 Rejection of Proposals C-7 C2-2.6 Bid Security C-7 C2-2.7 Delivery of Proposal C-7 aC2-2.8 Withdrawing Proposals C-7 Item C2-2.9 Intentionally Deleted 1409027A City of Fort Worth j September 1994 LJ C2-2.10 Public Opening of Proposal C-7 C2-2.11 Irregular Proposals C-g C2-2.12 Disqualification of Bidders C_g C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C-8 C3-3.2 Disadvantaged Business Enterprise Compliance C-9 C3-3.3 Equal Employment Provisions C-9 C3-3.4 Withdrawal of Proposals C-9 C3-3.5 Award of Contract C-9 C3-3.6 Return of Proposal Securities C-9 C3-3.7 Bonds C-10 C3-3.8 Execution of Contract C-10 C3-3.9 Failure to Execute Contract C-11 C3-3.10 Beginning Work C-11 C3-3.11 Insurance C-11 ' C3-3.12 Contractor's Obligations C-13 C3-3.13 Weekly Payroll C-13 C3-3.14 Contractor's Contract Administration C-13 C3-3.15 Venue C-13 C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C-13 C4-4.2 Special Provisions C-14 C4-4.3 Increased or Decreased Quantities C-14 C4-4.4 Alteration of Contract Documents C-15 C4-4.5 Extra Work C-15 C4-4.6 Schedule of Operations C-16 C4-4.7 Progress Schedules C-16 C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C-18 C5-5.2 Conformity with Plans C-18 C5-5.3 Coordination of Contract Documents C-18 C5-5.4 Cooperation of Contractor C-19 C5-5.5 Emergency and/or Rectification Work C-19 C5-5.6 Field Office C-19 C5-5.7 Construction Stakes C-19 C5-5.8 Authority and Duties of Owner Inspectors C-20 C5-5.9 Inspection C-20 C5-5.10 Removal of Defective and Unauthorized Work C-20 C5-5.11 Substitute Materials or Equipment C-21 C5-5.12 Samples and Tests of Materials C-21 C5-5.13 Storage of Materials C-21 C5-5.14 Existing Structures and Utilities C-21 C5-5.15 Interruption of Service C-22 C5-5.16 Mutual Responsibility of Contractors C-23 C5-5.17 Cleanup C-23 C5-5.18 Final Inspection C-23 C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C-23 1409027A City of Fort Worth September 1994 I C6-6.2 Permits and Licenses C-24 C6-6.3 Patented Devices, Materials and Processes C-24 C6-6.4 Sanitary Provisions C-24 C6-6.5 Public Safety and Convenience C-24 C6-6.6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C-25 C6-6.7 Railway Crossings C-26 C6-6.8 Barricades, Warnings and Watchmen C-26 "Item C6-6.9 intentionally deleted" ri C6-6.10 Work Within Easements C-27 C6-6.11 Independent Contractor C-28 C6-6.12 Contractor's Responsibility for Damage Claims C-28 ' C6-6.13 Contractor's Claim for Damages C-29 C6-6.14 Adjustment of Relocation of Public Utilities, etc. C-29 C6-6.15 Temporary Sewer and Drain Connections C-29 C6-6.16 Arrangement and Charges for Water Furnished by City C-30 C6-6.17 Use of a Section or Portion of the Work C-30 C6-6.18 Contractor's Responsibility for the Work C-30 C6-6.19 No Waiver of Legal Rights C-30 C6-6.20 Personal Liability of Public Officials C-31 C6-6.21 State Sales Tax C-31 C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C-31 C7-7.2 Assignment of Contract C-31 C7-7.3 Prosecution of the Work C-32 C7-7.4 Limitations of Operations C-32 C7-7.5 Character of Workman and Equipment C-32 C7-7.6 Work Schedule C-33 C7-7.7 Time of Commencement and Completion C-33 C7-7.8 Extension of Time of Completion C-33 C7-7.9 Delays C-34 C7-7.10 Ozone Alert Day Delays C-34 M C7-7.11 Time of Completion C-34 C7-7.12 Suspension by Court Order C-35 C7-7.13 Temporary Suspension C-35 C7-7.14 Termination of Contract Due to 0 National Emergency C-36 C7-7.15 Suspension or Abandonment of the Work and Annulment of Contract C-36 Q C7-7.16 Fulfillment of Contract C-37 C7-7.17 Termination for Convenience of the Owner C-38 C7-7.18 Safety Methods and Practices C-40 C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C-40 1409027A City of Fort Worth September 1994 C8-8.2 Unit Prices C-40 C8-8.3 Lump Sum C-40 C8-8.4 Scope of Payment C-41 C8-8.5 Partial Estimates and Retainage C-41 C8-8.6 Withholding Payment C-42 C8-8.7 Final Acceptance C-42 C8-8.8 Final Payment C-42 C8-8.9 Adequacy of Design C-42 C8-8.10 General Guaranty C-43 C8-8.11 Subsidiary Work C-43 C8-8.12 Miscellaneous Placement of Material C-43 C8-8.13 Record Documents C-43 1409027A City of Fort Worth September 1994 SECTION C1-1 DEFINITIONS Cl-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern this project and include the following items: PART A- NOTICE TO BIDDERS PART B -PROPOSAL PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E- SPECIFICATIONS PART F- CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW PART G-BONDS PART H- CONTRACT b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A-NOTICE TO BIDDERS (Advertisement) PART B - PROPOSAL(Bid) PART C- GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E- SPECIFICATIONS PART F- CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW PART G- BONDS PART H- CONTRACT PART I-PLANS C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the Notice To Bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction 1409027A C - 1 City of Fort Worth September 1994 a and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, local statutes and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. 1-1.8 SPECIFICATIONS: The Specifications are that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, t construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. 2 r6o)posal or Bid Security (see Special Instructions to Bidders, Part A and C2- C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about tthe project to be completed under the Contract Documents. C1-1.11 PLANS: The Plans are the drawings or reproductions therefrom made by the ' Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its a City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. 0 1409027A C-2 City of Fort Worth September 1994 C1-1.14 MAYOR: The officially elected Mayor, or in the Mayor's absence, the Mayor Pro Tern of the City of Fort Worth, Texas. 1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.19 ENGINEER: Environmental Managers, Inc., or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, ' acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor,for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a ' period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. ' C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 OZONE ALERT DAY: An Ozone Alert Day is any calendar day in which the National Weather Service or other designated regional entity has issued a warning concerning high levels of ozone accumulation. Said warming to be identified as an Ozone Alert. C1-1.26 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's Day January 1 2. M.L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 1409027A C-3 City of Fort Worth September 1994 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1.27 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: ' AASHTO - American Association of State Highway Transportation Officials ASCE _ American Society of Civil Engineers LAW In Accordance With ASTM - American Society of Testing Materials AWWA _ American Water Works Association ASA American Standards Association HI - Hydraulic Institute Asph. - Asphalt Ave. _ Avenue Blvd. Boulevard CI - Cast Iron CL _ Center Line GI Galvanized Iron Lin. - Linear or Lineal lb. - Pound ' MH _ Manhole Max. Maximum MGD - Million Gallons Per Day ' CFS _ Cubic Foot Per Second Min. Minimum Mono. - Monolithic % _ Percentum R Radius I.D. - Inside Diameter O.D. - Outside Diameter Elev. - Elevation F - Fahrenheit C - Centigrade In. _ Inch Ft. Foot St. - Street CY - Cubic Yard Yd. - Yard SY - Square Yard 1409027A C-4 City of Fort Worth September 1994 I L.F. - Linear Foot D.1. - Ductile Iron C1-1.28 CHANGE ORDER: A "Change Order" is a written supplemental agreement ri between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the Owner from information as necessary furnished by the Contractor. 1-1.29 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the ' natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick,with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-130 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." C1-1.31 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.32 ROADWAY: The roadway is defined as the area between parallel lines two (2') ' feet back of the curb lines or four (4') feet back of the average edge of pavement where no curb exists. C1-1.33 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish Bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general Q understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record" and "Equipment Schedule" all of which must be properly executed and filed with the bid. 1409027A C-5 City of Fort Worth (� September 1994 J F For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Owner shall be sole judge as to the acceptability of experience for qualification to bid on any City project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the ' Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting ' the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents ' and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form t furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words 1409027A C - 6 City of Fort Worth September 1994 and numerals, for which he proposes to do the work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the Owner shall govern. If a proposal is submitted by an individual, his or her name must be signed by his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate ' bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the 'Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word 'PROPOSAL," and the name or description of the project as ' designated in the "NOTICE TO BIDDERS." The envelope shall be addressed to the City Manager, City Hall, Fort Worth,Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Owner cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the Owner, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.10 PUBLIC OPENING OF PROPOSAL Proposals which have been properly filed and for which no Non-consideration Request has been received will be publicly opened and read aloud by the Owner or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their 1409027A C-7 City of Fort Worth September 1994 I authorized representatives are invited to be present for the opening of bids. C2-2,11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate. bids, or irregularities of any kind. However, the City reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the Owner. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2,12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than ' one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the experience record, equipment schedule, and/or such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. ' h. The bidder not filing with the Owner the following: ' 1. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 2. An equipment schedule showing the equipment the bidder has available for use on the project. MR The Bid Proposal of a bidder who, in the judgment of the Owner, is disqualified under the requirements stated herein, shall be disqualified. SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing 1409027A C - 8 City of Fort Worth September 1994 items to a common basis as may be established in the Contract Documents. The total obtained by takingg the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3.2 DISADVANTAGED BUSINESS ENTERPRISE/COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further ' agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be Founds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. ' C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within sixty(60) days after the date on which the proposals were opened. ' C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed sixty (60) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder, The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. a 3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest 1409027A C- 9 City of Fort Worth September 1994 bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor or improper execution of the work or the use of ' inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Texas Government Code Chapter 2253, supplying labor and materials in the a prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. C. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will 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 bond written by any one a 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. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the Q contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. QC3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute iJ 1409027A C - 10 City of Fort Worth `� September 1994 and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRA The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after notice of contract award shall be considered by the Owner as an abandonment of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. 1 The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until Q all insurance required under the Contract Documents has been obtained and approved by the Owner. Such insurance shall be effective during the life of the contract. QInsurance requirements follow: A. Commercial General Liability $1,000,000 per occurrence 1 $2,000,000 aggregate B. Environmental Impairment Liability or Pollution Liability $1,000,000 per occurrence C. Automobile Liability $1,000,000 per accident NOTE: AMONG A., B. AND C., ANY POLLUTION EXPOSURE INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY ASSOCIATED WITH OPERATIONS PERFORMED UNDER THIS CONTRACT SHALL BE INSURED. IN ADDITION TO j� SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION, LIABILITY FOR GRADUAL EMISSIONS, DEFENSE AND CLEAN-UP COSTS SHALL BE COVERED. D. Worker's Compensation Statutory limits and Employer's Liability at the following limits: 0 $100,000 each accident $500,000 disease policy limit 1409027A C- 11 City of Fort Worth September 1994 $100,000 disease each employee E. Other requirements relating to the insurances,ecified for the contracted project: 1. The City of Fort Worth, its officers, officials, agents, employees, representatives, and volunteers are to be endorsed on the Contractor's applicable insurance policies as Additional Insured(s) as their interests may appear (ATIMA). 2. Applicable policy(s) shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3. The insurer(s) of the Contractor's insurance policy(s) shall be authorized to do business in the state of Texas or otherwise approved by the City of Fort Worth, and such insurer(s) shall be acceptable to the City of Fort Worth as to their financial strength and solvency. 4. The deductible limit on any of the policy(s) shall not exceed $10,000 per occurrence unless approved by the City of Fort Worth. 5. The City of Fort Worth shall be notified a minimum of thirty (30) days prior ' to an insurer's action in the event of cancellation, non-renewal or material change in coverage. Agreement to provide such notice shall be endorsed on the Contractor's policy(s). Any such notice shall be delivered to the Director of the Environmental Management Department, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. 6. Full limits of insurance required shall be available for claims arising out of services contracted in this agreement. Such reservation of insurance limits shall be endorsed on the policy. 7. Certificates of insurance shall be provided to the referenced Director of the Environmental Management Department. Any failure on part of the City of Fort Worth to request such documentation shall not constitute a waiver of specified insurance requirements. 8. The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the Contractor's insurance policy(s) including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. 9. In the event the Contractor becomes aware of any damage sustained or claim thereof, arising out of the Contractor's services under this agreement, notice thereof shall be provided to its insurer(s) and to the Director of the Environmental Management Department in a timely manner. ' 10. "Other insurance" as referenced in a standard Commercial General Liability insurance policy shall not be that of the City of Fort Worth. 11. The Contractor shall require any subcontractors on the project to maintain similar insurance coverages and limits as those specified for the Contractor if 4 and when the Contractor's insurance does not cover such subcontractors. Documentation of all relevant insurance coverages shall be provided to the City of Fort Worth by the Contractor. 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. 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. 1409027A C- 12 City of Fort Worth September 1994 C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the pro ect shall be furnished to the Owner's representative within seven (7) days after the dose of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm association, corporation or other who is approved to do business with and enters into a contract with the City for construction, will have or shall establish a fully operational business office within the Fort ' Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Owner in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. ' Should the Contractor's local representative fail to perform to the satisfaction of Owner, the Owner, at his sole discretion, may demand that such local representative be replaced and the Owner may, at his sole discretion, stop all work until a new local authority satisfactory to the Owner is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. SECTION C4-4 SCOPE OF WORK C441 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be 1409027A C- 13 City of Fort Worth September 1994 considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the minor ' pay item quantities prior to submitting a bid. When the quantity of the work to be done or materials to be furnished under any major pay t item of the contract is more than 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party of the contract, upon demand, shall be entitled to negotiate for revised consideration in the portion of work above 125% of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75% of the quantity stated in the contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract. ' A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. ' In the event the Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and the Owner after said work is completed, subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or by ordinance. The Owner will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the city. The 15% of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not 1409027A C - 14 City of Fort Worth September 1994 I embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Owner access to all accounts, bills and vouchers relating thereto. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as 'Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change ' Order"shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment Li owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills,vouchers, and records relating to the Extra Work. No "Change Order"shall become effective until it has been approved and signed by each of the Contacting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item Q. Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is 6J 1409027A C- 15 City of Fort Worth September 1994 done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for'extra work' whether or not initiated by a 'change order' shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple of impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval t thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C44-4.7 PROGRESS SCHEDULES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for a approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in t contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. ' As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. 1409027A C- 16 City of Fort Worth September 1994 C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. r 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. t5. Transmittal of manufacturer's operation and maintenance instructions. ' 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable). 8. Final inspection. 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and 1409027A C - 17 City of Fort Worth September 1994 a equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these contract ' Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other ' requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. ' C5-53 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations Q as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. 1409027A C- 18 City of Fort Worth September 1994 C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. The project Superintendent shall be subject to call, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the Work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that ' such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. a C5-5.7 CONSTRUCTION STAKES: The Contractor shall be solely responsible for all necessary construction staking involved with the Work. Payment for construction staking 1409027A C_ 19 City of Fort Worth September 1994 a will be subsidiary to the various bid items of the Proposal. C5-5.8 AUTHORITY AND DUTIES OF OWNER INSPECTORS: Owner Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. An Owner Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the Owner Inspector as to the materials or equipment furnished or the manner of performing the work, the Owner Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer. The Owner Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the Owner Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the Owner Inspector, the Contractor may within six (6) days make written appeal to the Engineer for his decision on the matter in controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and ' replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and 1409027A C-20 City of Fort Worth September 1994 the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the award of the Contract, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as the considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and t against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests ' have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. ' In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions 1409027A C -21 City of Fort Worth September 1994 shown on the Plans relative to existing utilities are based on the best information available. Omission from or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner; and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The ' Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the appropriate utility authority as to location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or ' 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door ' knob. The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your service will be interrupted on -between the hours of and This inconvenience will be as short as possible. Q Thank you, Contractor Address Phone 1409027A C-22 City of Fort Worth September 1994 a b. EmergencX: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub- contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be ' accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four hours after written notice is given to the Contractor that the clean- up on the Job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the Owner may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required ' on the project. C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated ' under the Contract Documents has been satisfactorily completed and final clean-up performed, the Contractor will notify the proper officials of the Owner and request that the Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the Work. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or 1409027A C-23 City of Fort Worth September 1994 ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the OWNER and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all applicable charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. All City of Fort Worth permit fees will be waived. C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade-marks, and copy rights in any way involved in the work. The Contractor and ' his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trade-mark or copy right in connection with the work agreed to be performed under ' these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on ' the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any 1409027A C -24 City of Fort Worth September 1994 location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department ' Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written ' statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF- ' WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights- of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. 1409027A C -25 City of Fort Worth September 1994 C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such flagmen, and shall take all reasonable necessary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish flagmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the City to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign ' with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, ' the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the City to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or flagmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing flagmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of flagmen, for the 1409027A C - 26 City of Fort Worth September 1994 subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the Owner may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit of the Owner. The Owner shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any ' purpose without having previously obtained permission from the Owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and ' shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along or adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. 1 When and where any direct or indirect injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in ' consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent 1409027A C -27 City of Fort Worth September 1994 Q livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of the exclusive right to control the details of all the work and ' services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondent superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE LAIMS: 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 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, licenses, or invitees of the Owner. Q 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, as evidenced by a final inspection, final payment to the Contractor shall not be Q recommended by the Engineer for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Engineer that the claim has been settled and a release has been obtained from the claimant involved. 1409027A C -28 City of Fort Worth j September 1994 If the claim concerned remains unsettled as of 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 E Engineer. The Engineer shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months followin& the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Engineer 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 Engineer 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 Engineer may recommend that the final payment to the Contractor be made. At the expiration of the six month period the Engineer 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 Engineer. The Owner may, if he deems it appropriate, refuse to accept bids on other work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he ' shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of ' the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it i.J is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have Q been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN ONNE ONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, 1409027A C - 29 City of Fort Worth September 1994 provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE ' CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. When meters are used to measure the water, the charges, if any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part ' thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be performed by the Contractor at his own expense. C6-618 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the a work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. a C6-6.19 NO WAIVER OF LEGAL RIGHT : Inspection by the Engineer of any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any a provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. 1409027A C-30 City of Fort Worth September 1994 The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted r thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the ' provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right-of-way or other easement which has been dedicated to the public and an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin,Texas ' SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with is own organization, and with the assistance of workman under his immediate superintendence, work of a value of not less than twenty-five (25%) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the Work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. 1409027A C -31 City of Fort Worth September 1994 If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the ' Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time linut. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion"of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the ' public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the contractor to finish the section on which operations are in progress before the work is commenced on any additional section. C7-7.5 CHARACTER OF WORKMEN AND EOUIPMENT: Local labor shall be used by the Contractor as available. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects 1409027A C -32 City of Fort Worth September 1994 a or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the ' first day of work completed as defined in C1-1.23 "WORKING DAY" or the date stipulated in the "WORK ORDER"for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, if approved by the Owner. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be ' properly authorized by the Owner. C7-7.8 EXTENSION OF TIME OF COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such ' extension is submitted in writing to the Engineer within seven (7) days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub- contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. 1409027A C -33 City of Fort Worth September 1994 If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: 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 City Council for final approval or disapproval; and the action thereon by the City 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 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. C7-7.10 OZONE ALERT DAY DELAYS: On Ozone Alert days in which the contractor is scheduled to work, contractor shall not transport any work crews to or commence work at any City construction site prior to 11:00 a.m. For each Ozone Alert day occurring during the term of the contract which affects contractor work schedules, contractor shall be entitled to an extension of contract time equal to one calendar day. Contractor may request an extension of contract time in excess of one calendar day, however, any additional extension will be subject to City approval after receiving appropriate justification from contractor. City shall notify contractor that an Ozone Alert is in effect by 4:00 p.m. on the afternoon prior to the Ozone Alert day. C7-7.11 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the Owner in subsection 4 of the Contract section of the contract documents. ' The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the Owner will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 1409027A C-34 City of Fort Worth September 1994 a a $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $105.00 $ 50,001 to $ 100,000 inclusive $154.00 $ 100,001 to $ 500,000 inclusive $210.00 $ 500,001 to $1,000,000 inclusive $315.00 $1,000,001 to $2,000,000 inclusive $420.00 $2,000,001 and over $630.00 The parties hereto understand and agree that any harm to the Owner caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the Owner for harm caused by any delay. t - PE 7.12 SUSPENSION BY CURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional ' compensation by virtue of such court order. Neither will he be liable to the Owner in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.13 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public ' unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ' Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. 1409027A C-35 City of Fort Worth September 1994 C7-7,14 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days r notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, ' but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7,15 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. td. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the Owner in the construction of work under contract. a1409027A C -36 City of Fort Worth September 1994 i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written consent of the Owner, sublet the work or that ' portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property fort the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or ' may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract,but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the Owner on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with performance of the work by the Owner. C7-7.16 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and 1409027A C-37 City of Fort Worth September 1994 a completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.17 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any ' claim, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. Transfer title to the Owner and deliver in the manner, at the time, and 1 to the extent, if any, directed by the Engineer: a. The fabricated or unfabricated parts, work in process, t completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. The completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. Complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the contractor and in which the Owner has or may acquire the rest. 1409027A C-38 City of Fort Worth September 1994 At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list provided shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as 113 submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the ' Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. ' E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be ' paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the 1409027A C-39 City of Fort Worth September 1994 settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such ' continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this ' contract under C7-7.14 hereof entitled "Suspension or Abandonment of the Work and Annulment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. tC7-7.18 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in ' connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances,and regulations so as to protect person and property from injury, including death, or damage in connection with the work. SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF OUANT=S: The determination of quantities of work 1 performed by the Contractor and authorized by the Contract Documents and acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made ' according to the United States Standard Measurements used in common practice, and will be the actual length, area, soil contents, numbers, and weights of the materials and items installed. ' C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits, injuries, damage claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-83 LUMP SUM: When in the proposal a "Lump Sum"is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the 1409027A C -40 City of Fort Worth September 1994 construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8,4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operation herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. ' The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or duality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8,5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1st and the 5th of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate, and if it is found to be ' acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90% of such estimated sum will be paid to the Contractor within thirty (30) days after the Engineer's recommendation to the ' Owner. The Owner will have the option of preparing estimates on forms furnished by the Owner. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of estimate have not been installed. (such payment will be allowed on a basis of 85% of the net invoice value thereof.) The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate ashall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The Owner reserves the right to withhold the payment of any monthly estimate if the 1409027A C -41 City of Fort Worth September 1994 Contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a responsible time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor including treatment and disposal of contaminated soils, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the Owner, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything else done or furnished or relating to the work under the Contract Documents or any act or neglect of said Owner relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, a&reed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the 1409027A C -42 City of Fort Worth September 1994 completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises y the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on the field conditions. Payment for miscellaneous placement of material will be made for r only that amount of material used, measured to the nearest one-tenth unit. Payment o miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. ' C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. a a 1409027A C-43 City of Fort Worth September 1994 a SPECIAL CONDITIONS TABLE OF CONTENTS 131-1.1 Scope of Work.......................................................................................................D-1 D1-1.2 Waste Manifests....................................................................................................D-1 D1-1.3 Characterization of Wastes..................................................................................D-1 D1-1.4 Waste Classification and Waste Coding............................................................D-2 D1-1.5 Removal, Transport and Off-Site Treatment/ Disposalof Wastes................................................................................................ D-2 131-1.6 Contacting Site Manager D-2 131-1.7 Existing Utilities....................................................................................................D-2 D1-1.8 Safety Precautions Near High Voltage Lines...................................................D-3 D1-1.9 In-Place Payment Quantities...............................................................................D-3 D1-1.10 Pay Item 1: Removal, Transportation and Treatment/Disposal of Tank Liquids........................................................D-4 D1-1.11 Pay Item 2 & 3: Removal and Disposal of Existing Concrete Sidewalk Pavement as Directed by theEngineer...................................................................................................D-4 131-1.12 Pay Item 4: Excavation and Removal of Underground Storage Tanks and Miscellaneous Appurtenances...............................................................................................D-4 131-1.13 Pay Item 5: Transportation and Disposal of Underground Storage Tanks and Miscellaneous Appurtenances...............................................................................................D-4 131-1.14 Pay Item 6: Overexcavation of Underground Storage Tank Pit Area for Contaminated Soils as Directed by the Engineer.............................................................................D-4 131-1.15 Pay Item 7 & 8: Compacted Engineer Approved Backfill for Project Excavations.......................................................................................D-5 D1-1.16 Pay Items 9,10, & 11: Transportation and Treatment/ Disposal of Hazardous and Non-hazardous Soils....................................D-5 131-1.17 Pay Item 12: Backfilling of Non-Treated Onsite Soils in Project Excavations.........................................................................D-5 D1-1.18 Pay Item 13: Temporary Relocation and Re-Installation of Chain-Link Security Fence as Directed ' by the Engineer..............................................................................................D-5 D1-1.19 Pay Item 14: Rinsing and In-Place Grouting of Indoor Floor Sump Drains and Associated Piping...................................D-5 D1-1.20 Pay Item 15: Solid Block Bermuda Sodding....................................................D-5 131-1.21 Pay Item 16: Project Trench Safety...................................................................D-5 131-1.22 Alternate Pay Item 14A: Permanent Removal and Disposal of Indoor Floor Sump Drains and Associated Piping...............................................................................................................D-6 D1-1.23 Alternate Pay Item 14B: Removal and Disposal of Concrete Floor as Necessary to Access Indoor Floor Sump Drain and Associated Piping.................................................D-6 131-1.24 Alternate Pay Item 14C: Overexcavation of Pipe Trenches Beneath Building Floor as Directed bythe Engineer..............................................................................................D-6 131-1.25 Alternate Pay Item 14D: Repair and Replacement ofConcrete Floor..........................................................................................D-6 131-1.26 Disposal of Rainfall and Runoff Waters...........................................................D-6 1409027A City of Fort Worth September 1994 SPECIAL CONDITIONS I1-1.1 SCOPE OF WORK: The Work covered by these plans, specifications and contract documents consists of the removal, transport and disposal of hazardous liquids contained in two waste solvent underground storage tanks; removal and disposal of concrete sidewalk paving as directed by the Engineer; excavation, removal and disposal of two waste solvent underground storage tanks and miscellaneous appurtenances; remediation of contaminated soils by overexcavation, if necessary; backfilling of project excavations; cleaning and grouting of indoor floor sump drains and piping, or, removal of floor sump drains and piping as directed by the Engineer; and all other miscellaneous activities as defined by these contract documents. THE CONTRACTOR SHALL BE PAID ONLY FOR THE AMOUNT OF WORK COMPLETED AS DIRECTED BY THE ENGINEER AND AS DEFINED BY THE ' PROPOSAL IN THE INCREMENTS SHOWN. The Contractor is advised that quantities beyond the limit of the last pay item increment are not anticipated. Should actual field quantities exceed those covered by the proposal amount, said amount shall be negotiated by change order. The Contractor is advised that the actual quantities of Work to be performed under these contract documents is largely dependent upon the degree of contaminated soils discovered during the underground storage tank excavation and removal. The Engineer, based on his judgment, analytical testing and analysis and guidance from the Texas Natural Resource Conservation Commission, shall have the sole authority as to the extent of remediation excavation to be performed. THE CONTRACTOR SHALL NOT BE PAID FOR QUANTTTIES OF WORK WHICH ARE NOT APPROVED BY THE ENGINEER. THE OWNER RESERVES ALL RIGHTS TO DELETE PAY ITEMS IN THEIR ENTIRETY FROM THE CONTRACT. 131-1.2 WASTE MANIFESTS: Any and all waste, hazardous or non hazardous, removed from the site and transported to a treatment/disposal facility must be ' accompanied by a waste shipment record/manifest detailing, in part, the type and amount of waste being transported. The Contractor is responsible for obtaining, originating and maintaining manifests in accordance with federal and state laws. The Contractor shall sign ' the manifest forms as agent of the Owner. A Copy of each manifest will be submitted to the Engineer before a shipment leaves the site and within two (2) working days after notification of receipt at the treatment disposal facility. The Engineer should be notified immediately of any manifest discrepancy. Any manifest discrepancy must be immediately resolved by the Contractor. 131-13 CHARACTERIZATION OF WASTES: Wastes currently contained in USTs at the site and targeted for disposal have been sampled and laboratory analyzed during previous investigations to the extent necessary to provide the investigators with information regarding the nature of the wastes. While all samples were collected and analyzed in accordance with EPA and TNRCC accepted protocol and, while it is the opinion of the investigators that analytical results of previous sampling events are representative of levels of contaminants present at the site, it is the sole responsibility of the Contractor to adequately characterize wastes at the site for purposes of disposal in accordance with federal, state and local regulations and requirements. SAMPLE COLLECTION, LABORATORY ANALYSES, PROFILE FEES AND ALL OTHER COSTS 1409027A D - 1 City of Fort Worth September 1994 a ASSOCIATED WITH CHARACTERIZING THE WASTES FOR DISPOSAL ARE NON-PAY ITEMS and payment is subsidiary to various other pay items. D1-1.4 WASTE CLASSIFICATION AND WASTE CODING: All liquid and solid waste disposed of during this Project shall be classified and coded in accordance with 30 TAC, Chapter 335, Subchapter R. Wastes shall be classified prior to, and following any type of processing or mixing of the waste. The Contractor shall provide to the Engineer a copy of all waste classification documents for review prior to and subsequent to processing and/or mixing and prior to disposal of the wastes. WASTE CLASSIFICATION AND WASTE CODING ARE NON-PAY ITEMS and payment is subsidiary to various other pay items. D1-1.5 REMOVAL, TRANSPORT AND OFF-SITE TREATMENT/DISPOSAL OF WASTES: The Contractor shall obtain all manifests, licenses, permits and certificates necessary to remove, transport and treat/dispose of wastes included in the work at no additional cost to the owner. AUTHORIZATION OF PAYMENT FOR REMOVAL, ' TRANSPORT, TREATMENT AND DISPOSAL OF WASTE WILL ONLY BE MADE AFTER RECEIPT BY THE ENGINEER OF SIGNED MANIFESTS THAT ARE IN AGREEMENT WITH REGARD TO THE AMOUNTS OF WASTE REMOVED FROM THE SITE AND AMOUNTS RECEIVED AT THE TREATMENT/DISPOSAL FACILITY. D1-1.6 CONTACTING SITE MANAGER: The Contractor shall be responsible for contacting site manager at least 48 hours prior to mobilization/construction activities at each site. The Contractor shall notify the site manager as to when construction will begin, the general scope of work to be performed and the types and amounts of equipment and number of employees to be present. The Contractor shall make every reasonable effort to coordinate his work with the site manager in a manner which results in the least amount of inconvenience to the operations of the site facility and its employees. The site managers for this project are: Mr. Gary S. Curtis, Meacham Airport Manager, 871-5400. Mr. Michael Reisman, Meacham Airport Operations Supervisor, 871-5401. D1-1.7 EXISTING UTILITIES: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner or Engineer to be the only utility lines present or accurate as to location, number, size or depth; they are shown on the plans as the best available information. The Contractor shall determine the exact location of all existing utilities and conduct his work so as to prevent interruption of service or damage to them. The Contractor should coordinate his utility search with the Owner's representative at the site. The Contractor shall be responsible for the costs of replacement of any utility damaged by him and shall likewise be responsible for losses to the utility owner due to any disruption to the service of the utility caused by the Contractor. The Contractor shall be responsible for contacting 1409027A D -2 City of Fort Worth September 1994 utility companies in order to have lines located and flagged prior to any excavation activities. Fort Worth Water Department 871-8306 Fort Worth Transportation & Public Works 871-7800 Light and Signal Division 871-8100 Lone Star Gas Company Metro (214)263-3444 Texas Utility Service Company 336-2328 Southwestern Bell Telephone Company Ente rise 9800 Western Union Cable Division (214939-1930 Sammons Cable T.V. 737-4731 131-1.8 SAFETY PRECAUTIONS NEAR HIGH VOLTAGE LINES: The following procedures shall be followed regarding the subject item on this contract: ' (1) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile driver, hoisting equipment or similar apparatus. The warning sign shall read as follows: "Warning - Unlawful to operate this equipment within six feet of high voltage lines." (2) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. (3) When necessary to work within six feet of high voltage electric lines, immediate notification shall be given to the power company who will erect temporary mechanical barriers, de-energize the line, or raise or lower the lines. The work done by the power company shall not be at the expense of the Owner. The notifying department shall maintain an accurate log of all such calls to the power company, and shall record action taken in each case. ' (4) The Contractor is required to make arrangements with the power company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (5) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). (6) It shall be the responsibility of the Contractor to notify all subcontractors of the requirements listed in paragraphs (1) through (5). 131-1.9 IN-PLACE PAYMENT OUANTITIES• Payment for all removal and placement of backfill, overexcavation, soil transportation, treatment and disposal and sodding, shall be measured and payment made for utilizing in-place quantities. The Engineer shall have the final authority in quantity measurements. No allowances will be made for shrinkage or swell of any materials. Payment shall include all labor, materials, 1409027A D -3 City of Fort Worth September 1994 a equiIment and incidentals necessary to complete the work as described by these plans, specifications and contract documents. D1-110 PAY ITEM 1• REMOVAL TRANSPORTATION AND TREATMENT/DISPOSAL OF TANK LIQUIDS: Liquid wastes contained in the two USTs shall be gauged with the Engineer present, prior to removal and transport off-site. Payment for treatment/disposal of liquid waste will be based on the bid price per gallon times the number of gallons removed from the site and treated/disposed of at a regulatory approved facility. Present information indicates that each UST is approximately half full of solvent - contaminated water. Analytical data on tank contents is included in Part K of this document. Characterization, classification and coding of wastes prior to disposal are the responsibility of the Contractor in accordance with D1-1.3 and D1-1.4 of the Special Conditions. D1-111 PAY ITEMS 2 & 3• REMOVAL AND DISPOSAL OF EXISTING CONCRETE SIDEWALK PAVEMENT: All concrete pavements removed as a result of ' these contract documents shall be neatly sawcut to lines approved by the Engineer. The removed material shall become the property of the Contractor and shall be properly disposed of off-site in accordance with these contract documents. Any adjacent pavement which is damaged by the operations of the Contractor shall be removed and replaced accordingly at the Contractor's expense. D1-1.12: PAY ITEM 4• EXCAVATION AND REMOVAL OF UNDERGROUND STORAGE TANKS AND MISCELLANEOUS APPURTENANCES: This pay item shall include the excavation of all tank pit soils within a 2 foot zone horizontally outward and vertically downward from the UST. Current knowledge of the USTs at the site is limited to their diameter of approximately 4 feet and the placement of gauging/access openings approximately 5 feet apart on each tank. Based on this information, the volume of each UST is estimated at 500 gallons but the actual capacity could be larger or smaller. This pay item shall also encompass the removal and disposal of all associated underground piping located outside the adjacent structure including but not limited to remote fill/removal tubes, drains and vent piping and all associated aboveground piping including but not limited to any vents located inside or outside of structure. This pay item also includes the removal of any overfill and spill prevention systems, corrosion protection, and miscellaneous appurtenances. All excavated soil shall be temporarily staged on plastic sheeting, covered and bermed in such a way as to prevent leachate or contaminant ' migration from the stockpile. D1-113• PAY ITEM 5• TRANSPORTATION AND DISPOSAL OF UNDERGROUND STORAGE TANKS AND MISCELLANEOUS APPURTENANCES: This pay item shall include the transportation and disposal of the removed underground storage tanks and miscellaneous appurtenances at a regulatory approved facility. All tanks and appurtenances shall be cleaned offsite of sludges and residues to an extent sufficient to allow disposal of the tanks and appurtenances as a Class 2 Non-hazardous waste. Decontamination and disposal of sludges and rinsate is a non-pay item and payment shall be subsidiary to various other pay items. D1-1.14: PAY ITEM 6• OVEREXCAVATION OF UNDERGROUND STORAGE- TANK PIT AREA FOR CONTAMINATED SOILS AS DIRECTED BY THE ENGINEER: This pay item shall include all excavation of soils beyond the original tank pit volume, as directed by the Engineer. Payment shall be made per in place cubic yard of excavated material. This pay item includes temporary staging of overexcavated soil on 1409027A D -4 City of Fort Worth September 1994 Q plastic sheeting, covering and berming in such a way as to prevent leachate or contaminant migration from the stockpile. DI-1.15: PAY ITEM 7 & 8• COMPACTED ENGINEER APPROVED BACKFILL FOR PROJECT EXCAVATIONS: This pay item shall include all borrow material utilized by the Contractor as backfill. ALL BACKFILL MATERIAL MUST BE APPROVED FOR USE BY ENGINEER PRIOR TO PLACEMENT. All costs for geotechnical testing required by these specifications for material conformance and compaction testing shall be borne by the Contractor. This pay item also includes all labor and equipment necessary for compaction of backfill. D1-116• PAY ITEMS 9, 10 & 11• TRANSPORTATION AND TREATMENT/DISPOSAL OF HAZARDOUS AND NON-HAZARDOUS SOILS: Payment for treatment/disposal of soil wastes will be based on the bid price per in-place cubic yard times the number of in-place cubic yards removed from the site and treated/disposed of at a regulatory approved facility. Applicable pay item (9,10 or 11) for transportation and treatment/disposal of soils shall be dependent upon waste ' characterization and classification of soil wastes prior to transport from the site. D1-1.17: PAY ITEM 12• BACKFILLING OF NON-TREATED ONSITE SOILS IN PROJECT EXCAVATIONS: This pay item shall cover the compacted in-place reuse of site excavated soils which have been tested by the Engineer to be clean and acceptable for backfill use. Payment shall be made based on compacted in-place cubic yards. This pay item includes all labor and equipment necessary for compaction. D1-1.18: PAY ITEM 13• TEMPORARY RELOCATION AND RE-INSTALLATION OF CHAIN-LINK SECURITY FENCE AS DIRECTED BY THE ENGINEER: This pay item encompasses the temporary removal, by rolling, of the barbwire-topped chain link security fence as necessary to allow access to the project area and temporary attachment of rolled fence to the adjacent structure so as to prevent access by unauthorized persons beyond the security fence. FENCE IS NOT TO BE CUT OR OTHERWISE DAMAGED. Upon completion of project activities fence is to be re-installed to its original location and condition. D1-119• PAY ITEM 14• RINSING AND IN-PLACE GROUTING OF INDOOR FLOOR SUMP DRAINS AND ASSOCIATED PIPING: This pay item covers the rinsing ' and grouting of two floor sump drains and piping located beneath the concrete floor of the adjacent hangar building. The piping appears to be connected below grade to the two USTs located outside the hangar building. Following removal of all piping exterior to the building, at the direction of the Engineer following soil sampling, the sumps and piping remaining beneath the floor of the building are to be nnsed and drained free of contaminants and grouted at both ends with cement grout so as to allow abandonment in place. Decontamination and disposal of rinsate and sludges is a non-pay item and payment shall be subsidiary to various other pay items. D1-1.20 PAY ITEM 15: SOLID BLOCK BERMUDA SODDING: This pay item involves the replacement of grass damaged during site work between the concrete sidewalk above the USTs and the adjacent roadway. This pay item also involves the placement of sod in areas where the concrete sidewalk is removed to access the USTs and overexcavate contaminated soils. The sod shall be of high quality and the Contractor shall be responsible for the timely watering and maintenance of the sod for the length of this contract. t 1409027A D -5 City of Fort Worth September 1994 D1-1 21 PAY ITEM 16: PROTECT TRENCH SAFETY: Contractor shall institute a trench safety system for the project excavations in accordance with the Specifications, Section 02200, Paragraph 3.011. Payment shall be made per lump sum. D1-122• ALTERNATE PAY ITEM 14A• PERMANENT REMOVAL AND DISPOSAL OF INDOOR FLOOR SUMP DRAINS AND ASSOCIATED PIPING: If directed by the Engineer, this alternate pay item shall include the removal, transportation and disposal of two indoor floor sump drains and associated piping. The removed sumps and piping shall be cleaned offsite of sludges and residues to an extent sufficient to allow disposal as Class 2 non-hazardous waste. Decontamination and disposal of sludges and rinsate is a non-pay item and payment shall be subsidiary to various other pay items. Removal of the sumps and piping will require work inside of the hangar building without damage or alteration to the building, other than removal of concrete as necessary to access the sumps and piping. D1-123• ALTERNATE PAY ITEM 1413• REMOVAL AND DISPOSAL OF ' CONCRETE FLOOR AS NECESSARY TO ACCESS INDOOR FLOOR SUMP DRAIN AND ASSOCIATED PIPING: This pay item involves removal and disposal of the concrete building floor as necessary to remove floor sumps and associated piping and to allow possible overexcavation if removal of sumps and piping is directed by the Engineer. All concrete slab flooring shall be neatly cut to lines approved by the Engineer. The removed material shall become the property of the Contractor and shall be properly disposed of off-site in accordance with these contract documents. This work will be conducted inside the hangar building and should not result in damage to the structure. Any damage to the building by the operations of the Contractor shall be repaired at the Contractor's sole expense. 131-124• ALTERNATE PAY ITEM 14C• OVEREXCAVATION OF PIPE TRENCHES BENEATH BUILDING FLOOR AS DIRECTED BY THE ENGINEER: This pay item involves overexcavation of contaminated soils from pipe trenches beneath the hangar floor following removal of sumps and associated piping, if directed by the Engineer. This work will be conducted inside the hangar building and should not result in damage or alterations to the structure other than necessary removal of a portion of the ' concrete slab floor. Any damage to the building by the operations of the Contractor shall be repaired at the Contractor's sole expense. Payment for ovrexcavation of soil shall be made per in-place cubic yard of excavated material. 131-125• ALTERNATE PAY ITEM 14D• REPAIR AND REPLACEMENT OF CONCRETE FLOOR: This pay item involves replacement of concrete building floor if removed under alternate pay item 14B. Any removed portion of the concrete floor shall be replaced with reinforced concrete of the same thickness and construction as that which was removed and in such manner as to restore and preserve the structural integrity of the building slab. 131-1.26: DISPOSAL OF RAINFALL AND RUNOFF WATERS: The Contractor shall take all precautions, including but not limited to, berming and covering tank pit excavation areas to prevent the accumulation of rainfall and surface runoff waters in the tank pit excavation. All rainfall and surface runoff water accumulation shall be removed and properly disposed of by the Contractor at no cost to the Owner. No extra payment will be provided to the Contractor. END OF SECTION 1409027A D - 6 City of Fort Worth September 1994 SPECIFICATIONS TABLE OF CONTENTS DIVISION 1: GENERAL REQUIREMENTS Section 01010: Summary of Work.................................................................01010-1 Section 01060: Regulatory Requirements...................................................01060-1 Section 01300: Submittals...............................................................................01300-1 Section 01410: Testing Laboratory Services................................................01410-1 DIVISION 2: SITE WORK Section 02200: Underground Storage Tank System Closure By Removal............................................02200-1 ' Section 02230: Backfill....................................................................................02230-1 Section 02514: Portland Cement Concrete Pavement...............................02514-1 a t a a 0 1409027A City of Fort Worth September 1994 D SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.01 SUMMARY A. Work Included: 1. Removal, transportation and disposal of two (2) waste degreasing solvent underground storage tanks. 2. Overexcavation of contaminated soils surrounding the project excavations. ' 3. On-site segregation and storage of contaminated soils. 4. Off-site transportation and treatment and disposal of contaminated soils and tank liquids. 5. Pavement removal and disposal. 6. Backfilling and compaction of excavations and general site cleanup. 7. Cleaning and grouting of floor sump drains and piping, or, removal of floor sump drains and piping, as directed by the Engineer. 8. All other miscellaneous items as described by these contract documents. B. Experience: Include all work listed in these specifications and incidentals 1 thereto. All phases of the Work shall be executed by skilled craftsman experienced in their respective trades. ' C. Subcontracts: Contractor may subcontract any phase or portion of the Work. However, such subcontract shall not relieve Contractor from following and enforcing the Specifications. 1.02 WORK INCLUDED IN THE CONTRACT DOCUMENTS A. General items include but are not necessarily limited to: 1. Obtaining and paying for all required local and state permits, licenses, fees and registrations. 2. Providing and maintaining necessary barricades and temporary fencing during the duration of construction. 3. Coordination of work with the daily facility operations, Owner, Engineer, regulatory inspectors, and Testing Laboratory. 4. Maintaining of jobsite safety. 1409027A 01010 - 1 City of Fort Worth September 1994 1.03 WORK NOT INCLUDED IN THE CONTRACT DOCUMENTS A. TNRCC notification and final reporting of work. 1.04 EXISTING CONDITIONS A. Minor Modifications: Existing conditions are reflected correctly to the best of the Owner's knowledge. Should minor conditions be encountered which are not as indicated, modification to new work shall be made as required at no additional expense to Owner. B. Substance Exposure: Contractor is hereby advised that tests have shown that prolonged or repeated exposure to some petroleum substances and solvent wastes, in liquid or vapor form may cause serious illness, including cancer. Provide workers and visitors with proper training in hazard recognition and jobsite controls to minimize exposure. 1.05 BUILDING OCCUPANCY A. Owner may occupy portions of the facility for the conduct of normal business operations during the construction operations. Coordinate work with Owner and conduct activities so as to minimize disruption to the facility occupants. 1.06 BUILDING SECURITY A. Maintain personnel on the site at all times in any portion of the work areas which are open or not properly barricaded. Barricade all work areas completely at the end of each working day. 1.07 PRE-JOB DAMAGE SURVEY OF FACILITY A. The Contractor shall arrange for a thorough survey of the property and any potentially affected facility with Engineer prior to starting the Work in order ' to document existing damage. Items identified on this list will not be the responsibility of Contractor unless further damaged by Contractor during execution of the Project. 1.08 CORRECTION OF DAMAGE TO PROPERTY A. Consider any damage to building or property not identified in the pre-job damage survey as having resulted from execution of this Contract and will be corrected by the Contractor at no additional expense to the Owner. 1.09 PERSONNEL PROTECTION A. The Contractor shall provide personnel protection in accordance with 29 CFR, 1910.120 relating to hazardous waste operations including the following: 1. Provide a training program to instruct personnel on the hazards of exposure to petroleum hydrocarbons and solvent wastes and the safety and equipment for mitigation of explosion hazards. Offer training program as often as necessary to train all employees to be 1409027A 01010 -2 City of Fort Worth September 1994 0 utilized on the Project. No more than 20 persons shall be trained at any given training session to ensure complete and thorough training for each employee. Alternatively, submit notarized documentation that employees utilized on the Project have previously successfully participated in a training program. No worker shall be utilized on any portion of the Work until documentation of training has been provided. 2. Avoid skin contact and inhaling vapors. 3. 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. 4. Eliminate all sources of ignition from the area. 5. Prevent the discharge of static electricity during venting of flammable vapors. 6. Prevent the accumulation of vapors at ground level and in the tank ' excavation. 7. Properly ground all electrical equipment and provide explosion proof equipment. 8. Provide proper respiratory protection with proof of training and fit testing for workers who enter confined spaces such as the tank excavation or the tank for final cleaning. 9. Isolate the work area to allow no visitors, except regulatory authority representatives, within 25 feet of the work area. 10. Trench safety in accordance with "The Excavating and Trenching Operation Manual of Occupational Safety and Health Administration, U.S. Department of Labor; Subpart P" or the latest edition thereof shall be the minimum governing requirement of this specification. The Contractor shall also comply with all state and local requirements concerning trench safety. 1.10 UTILITIES A. Contractor may temporarily connect to existing permanent utilities during execution of the Work. Make connections in locations designated by Owner. All plumbing connections between Owner's utilities and Contractor's ' facilities shall be "hard" piped. Remove connections and all extensions of utilities at Project completion. 1.11 SALVAGEABLE MATERIALS A. Consider all materials and items demolished or removed in the execution of the Work unsalvageable unless specifically noted otherwise in the Specifications, Plans or as instructed by the Engineer. 1.12 CLEAN UP QA. Leave all areas visibly clean at completion of Work. 1409027A 01010 -3 City of Fort Worth September 1994 1.13 FUTURE WORK Coordinate and schedule the Work of these Contract Documents in a manner that will expedite the transition to future work by others under separate contracts. 1.14 SCHEDULE OF REFERENCES A. AASHTO American Association of State Highway and Transportation Officials. B. ACI American Concrete Institute. aC. ACT The Association for Composite Tanks. D. ANSI American National Standards Institute. ' E. APA American Plywood Association. F. API American Petroleum Institute. G. ASTM American Society for Testing and Materials. H. CERCLA The Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980. 1. EPA The United States Environmental Protection Agency. aJ. FAA U.S. Department of Transportation Federal Aviation Administration. aK. NACE National Association of Corrosion Engineers. L. NFPA National Fire Protection Association. M. NSF National Sanitation Foundation. N. OSHA Occupational Safety and Health Administration. O. PEI Petroleum Equipment Institute. aP. SARA Superfund Amendments and Reauthorization Act of 1986. Q. SDHPT Texas State Department of Highways and Public Transportation- SSCHSB Standard Specifications for the Construction of Highways, Streets, and Bridges, 1982 Edition. R. STI Steel Tank Institute. S. TAC Texas Administrative Code U T. THDCD- Texas Highway Department Construction Division- 1409027A 01010 - 4 City of Fort Worth September 1994 1 CB C-14 Construction Bulletin C-14, Latest Edition. U. TNRCC Texas Natural Resource Conservation Commission. V. UFC Uniform Fire Code. W. UL Underwriters Laboratories, Inc. 1.15 PROJECT MEETINGS A. Pre-construction meeting: Attend pre-construction meeting prior to start of the Work to clarify construction contract administration procedures and address potential problems. B. Progress meetings: Attend progress meetings on a regular basis or as designated by Owner throughout the construction period to enable orderly ' review of the progress of the Work and to provide for a systematic discussion and evaluation of problems encountered. C. Attendees: Provide or designate only persons with authority to commit Contractor, subcontractors and suppliers to revisions, modifications and solutions agreed upon, to attend meetings. D. Agenda Items: Advise Engineer at least 24 hours in advance of progress meetings regarding items to be added to the agenda. aPART 2-PRODUCTS Not Used. QPART 3 -EXECUTION Not Used. END OF SECTION 1409027A 01010 -5 City of Fort Worth September 1994 a SECTION 01060 REGULATORY REQUIREMENTS PART 1 - GENERAL 1.01 GENERAL REQUIREMENTS A. The Contractor shall be responsible for obtaining all necessary licenses and permits necessary for the execution of the Work. B. The Contractor shall be responsible for complying with all applicable Federal, state, county, and local laws, regulations, or codes connected with ' the execution of the Work. C. The Contractor is responsible for ensuring that all transporters, storage facilities, and treatment or disposal facilities that handle hazardous wastes generated at this site are permitted, licensed, and approved to handle the materials to be removed from the site. PART 2-PRODUCTS NOT USED OPART 3 -EXECUTION 3.01 POTENTIALLY REQUIRED PERMITS a A. The Contractor shall be responsible for obtaining, where appropriate, the permits listed below: 1. Local construction or building permit. 2. U.S. Department of Transportation permits for the transportation of hazardous materials. 3. State of Texas (TNRCC) one-time hazardous waste generator identification number. 4. Ultimate disposal permits. B. The Contractor shall be responsible for investigating whether any permits, licenses, or registrations are required for performance of the Work. If found Q necessary the Contractor shall secure the additional permits at no additional expense to the Owner. The Engineer shall be provided with a copy of all permit applications and notified of all permits obtained for this site. 1409027A 01060 - 1 City of Fort Worth September 1994 3.02 APPLICABLE SAFETY REGULATIONS A. All of the contractor's personnel entering the excavation, staging, or decontamination areas will be trained in the applicable safety procedures as set forth in 40 CFR 265.16, 29 CFR 1910 and 29 CFR 1926. Although these laws, in part, were not specifically written with the removal of hazardous materials in mind, these rules do apply to the general activities to be undertaken at this site. B. All personnel entering the decontamination areas or beyond shall be informed of the possible dangers and long-term hazards present at this site, in compliance with the "right-to-know"laws. 3.03 TEMPORARY HAZARDOUS WASTE STORAGE REGULATIONS The Contractor shall be responsible for ensuring that all temporary hazardous waste ' storage facilities (staging areas) comply with the technical specifications and requirements outlined in the U.S. EPA and the State of Texas hazardous waste regulations. 3.04 APPLICABLE TRANSPORTATION REGULATIONS A. The Contractor shall be responsible for originating and maintaining copies of the waste shipment records/manifests required by the Federal Resource Conservation and Recovery Act (PL 94-580), the State of Texas, and the state where the treatment/disposal facility is located. These records/manifests shall be maintained for all hazardous and non-hazardous materials. The Contractor shall sign the manifest forms as Agent for the Owner. B. The Contractor shall ensure that all operations for loading and hauling (i.e., placarding of contaminated wastes) are in compliance with the appropriate local, state, Texas State Department of Highways and Public Transportation (SDHPT),Texas Railroad Commission, and Federal DOT regulations. t END SECTION LJ 1409027A 01060 -2 City of Fort Worth September 1994 O SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 SUMMARY A. Make submittals required by the Contract Documents in a timely manner and at times in the execution of the Project to allow for sufficient and prompt review by the Engineer. Revise and resubmit as necessary to establish compliance with the specified requirements. 1.02 WORK INCLUDED ' A. Submit two complete sets of "Pre-Job Submittals" to Engineer for review, at the pre-construction meeting or as directed by the Engineer. The Work shall not proceed until the complete pre-job submittal package has been reviewed and approved by the Engineer. Bind pre-job submittals in a format satisfactory to the Engineer with dividers keyed to items required under Article 1.04 of this Section. B. Submit two complete sets of'Post-Job Submittals"to the Engineer for review and approval following the final completion of the Work. Requests for final payment shall not be approved until the Post-Job Submittal package has been reviewed and approved by the Engineer. Bind post job submittals in a format satisfactory to the Engineer with dividers keyed to items required under Article 1.05 of this Section. C. Identify individual submittals by name and include a table of contents in each submittal package. D. Update submittals to Engineer on a regular basis to account for all new equipment and employees used on the Project. ' 1.03 QUALITY ASSURANCE A. Carefully review and coordinate all aspects of each item being submitted. B. Provide documentation that each item and its appropriate submittal conform in all respects with the specified requirements. QC. Certify, by affixing signature of Contractor's authorized representative to each submittal package, that this coordination has taken place. 1.04 PRE-JOB SUBMITTALS The Contractor shall provide the following items to the Engineer prior to the Notice to Proceed: � J 1409027A 01300- 1 City of Fort Worth j September 1994 U A. Site Safety Plan: Site Safety and Emergency Procedure Plans. B. Worker's Release Form: Individually signed and notarized certificate of Worker's Release Form for each and every worker to be utilized on the Project. C. Contractor Compliance with Worker's Compensation Law: Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that all of its employees and all subcontractor employees employed in the Work are provided worker's compensation insurance coverage. D. Notification and Permits: Copies of all State and Local Permits issued for construction work and waste disposal. 1.05 POST-JOB SUBMITTALS ' The following items must be completed in full and submitted to the Engineer upon completion of the Project. Final payment shall not be made to the Contractor until all items have been submitted to and approved by the Engineer. A. Employee List: An alphabetical listing of each employee and Sub- Contractor employee used on the Project, with employee's social security number, or Texas Drivers' license number shown. B. SPECIAL FORMS: Contractor shall complete and submit the following a SPECIAL FORMS: 1. SPECIAL FORM 4: CERTIFICATE OF WORKER'S RELEASE FORM 2. SPECIAL FORM 5: TANK DISPOSAL FORM 3. SPECIAL FORM 6: WASTE MATERIAL DISPOSAL FORM 4. SPECIAL FORM 7: BILL OF SALE AND INDEMNITY AGREEMENT 5. SPECIAL FORM 10: UNDERGROUND STORAGE TANK SYSTEM CLOSURE CHECKLIST C. Waste Material Manifests: All documentation of disposal materials and disposal facilities. Disposal materials shall include, but not be limited to, sludges, soils, liquids and groundwaters. $ D. Disposal Company Manifests: All documentation of disposal materials received by approved disposal facilities. PART 2- MATERIALS Not Used. PART 3 -EXECUTION Not Used. END OF SECTION 1409027A 01300 -2 City of Fort Worth September 1994 U SECTION 01410 TESTING LABORATORY SERVICES PART 1 GENERAL 1.01 SUMMARY A. Owner shall provide a qualified Testing Laboratory to perform portions of the testing of the Work performed under these Contract Documents. B. Contractor shall provide a qualified Testing Laboratory approved by the Engineer to provide geotechnical testing of backfill properties, and ' compaction densities involved in the Work as described under these Contract Documents. C. Provision of Testing Laboratory by Owner to perform testing will be for the sole benefit of Owner and shall not be construed in any way as to include responsibility for Contractor's means, methods, techniques, sequences or procedures involved with the execution of the Work. Nor shall such observation and documentation by Testing Laboratory be construed as to include responsibility for any safety programs or procedures either utilized or not utilized by Contractor during the Work. 1.02 WORK INCLUDED A. Cooperating with Owner's Testing Laboratory in all aspects of the testing to expedite testing and results. B. Providing Owner's Testing Laboratory representative access to the Work at ' all times and in all locations requested as necessary to perform testing. C. Scheduling and notifying of Engineer of need for Owner's Testing ' Laboratory as necessary. D. Assisting Owner's Testing Laboratory and the Engineer in collecting samples. 1.03 WORK NOT INCLUDED A. Selection of Owner's Testing Laboratory. 1.04 QUALITY ASSURANCE A. Testing will be in accordance with pertinent codes, regulations and selected standards of ASTM. Q1.05 PAYMENT FOR TESTING A. Soil Contamination Testing: Owner will pay for all soil contamination 1409027A 01410 - 1 City of Fort Worth September 1994 tank ppit testing services required by the Contract Documents. Contractor shall be responsible for all post-treatment testing for Owner documentation, waste characterization and landfill disposal requirements. B. Geotechnical Testing: Contractor shall be responsible for all geotechnical property characteristics testing of backfill and backfill compaction density testing required by the Contract Documents. Payment to the Contractor for all required testing shall be subsidiary to the various bid items of the proposal. C. Retesting Services: When initial Owner or Contractor provided tests indicate Contractor non-compliance with the Contract Documents, all subsequent retesting will be performed by the same Testing Laboratory, and all associated costs paid for by the Contractor. D. Additional Testing: 1. Code Compliance Testing: Contractor shall be responsible for testing services required by all codes or ordinances, and made by a legally ' constituted authority, unless otherwise provided in the Contract Documents. 2. Contractor's Convenience Testing: Testing services performed exclusively for the Contractor's convenience shall be the sole responsibility of Contractor. PART 2-PRODUCTS Not Used. PART 3 -EXECUTION ' 3.01 SCHEDULING A. Testing Laboratory(s) will perform tests and services in areas and at times during the Work as deemed necessary by the Engineer and as specified in the Contract Documents. B. Contractor shall provide all required time within the construction schedule for laboratory testing and analysis. 3.02 SAMPLING A. All specimens and samples for soil contamination testing, unless otherwise provided in these Contract Documents, shall be taken by the Engineer or the Owner's Testing Laboratory; all sampling containers and personnel shall be provided by the Engineer or the Owner's Testing Laboratory; and all deliveries of specimens and samples to Owner's Testing Laboratory shall be performed by the Engineer or the Owner's Testing Laboratory. 1409027A 01410 -2 City of Fort Worth September 1994 in obtaining testing samples by providing Contractor's equipment and personnel for use by the Engineer. C. All specimens and samples for Contractor provided testing, unless otherwise provided--in these Contract Documents, shall be taken by the Engineer or by the Contractor as directed by the Engineer; all sampling equipment and personnel shall be provided by the Contractor; and all deliveries of specimens and samples to the Contractor's Testing Laboratory shall be performed by the Engineer or the Contractor as directed by the Engineer. END OF SECTION t a 1409027A 01410 -3 City of Fort Worth September 1994 SECTION 02200 UNDERGROUND STORAGE TANK SYSTEM CLOSURE BY REMOVAL PART 1 - GENERAL 1.01 SUMMARY A. The work consists of the closure of two (2) waste degreasing solvent underground storage tanks and associated piping and miscellaneous appurtenances by permanent removal from the ground and disposal as described by these specifications, the plans and contract documents. ' B. The work shall be accomplished in strict accordance with the Texas Administrative Code Title 30: Chapter 335. 1.02 WORK INCLUDED A. Removal and off-site disposal of existing pavement to access tanks and underground piping. B. Locating and protecting all underground utilities. C. Removal and disposal of tank liquids, residues and minor amounts of water trapped in the tank pit excavation. D. Inerting of tank vapors. E. Excavation of backfill materials as required to access and remove tank. F. Draining and sealing or removing all connected piping and other ancillary equipment. ' G. Removal and proper disposal of all associated tank equipment, including but not limited to,pumps, dispensers, nozzles, hoses,vent piping, etc. H. Air monitoring for safety of Contractor's employees. I. Tank exhumation, cleaning and disposal. J. On-site segregation and staging of excavated materials as directed by Engineer. K. Overexcavation of contaminated soils as directed by Engineer. L. Contaminated soil treatment and proper disposal. M. Cleaning and grouting of floor sump drains and piping, or, removal of sumps and piping as directed by the Engineer. 1409027A 02200 - 1 City of Fort Worth September 1994 a N. Site clean-up. 1.03 WORK NOT INCLUDED A. TNRCC notification and final reporting of work. B. Closure verification sampling and testing. 1.04 Reference Standards A. The Contractor and all appropriate Subcontractors shall acknowledge, by execution of the Contract, awareness and familiarity with the contents and requirements of the regulations, codes, standards, and guidance documents listed below. The Contractor and all appropriate Subcontractors shall assume all 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 work requirements. Where conflict exists between these documents and the Contract Documents, the more stringent requirements will apply. 1. Title 30, TAC Chapter 335, regulations for industrial solid and municipal hazardous waste, Title 30, TAC Chapter 334, subchapters C and 1, and 40 CFR Chapter I. m: 2. American Petroleum Institute's (API) Recommended Practice 1604, Removal and Disposal of Used Under-ground Petroleum Storage Tanks, 1987. 3. API Publication 2015, Cleaning Petroleum Storage Tanks, 1985. 4. API Publication 2217A, Guidelines for Work in Inert Confined Spaces tin the Petroleum Industry, 1987. 5. API Publication 2219, Safe Operating Guidelines for Vacuum Trucks ' in Petroleum Service, 1986. 6. Occupation Safety & Health Administration (OSHA) 2226, Excavation&Trenching Operations, 1985. 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, Mn 1987. 9. National Fire Protection Association (NFPA) 69, Explosion Prevention Systems, 1986, (table with minimum oxygen levels necessary to support combustion for various products). 1409027A 02200 -2 City of Fort Worth September 1994 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), TCLP Lead (Extraction Method 1311 and Test Method 6010). 16. Uniform Fire Code, Article 79, Flammable and Combustible Liquids, 1991 Edition, Pg. 255-359, as adopted and amended by the City of Fort Worth. 1.05 PRE-JOB SUBMITTALS A. Reference Section: Make submittals in addition to and in accordance with Section 01300. a B. Permits and Certification: All required permits, site location, and arrangements for transport and disposal of petroleum hydrocarbon contaminated materials and liquids. Submit notarized certification that landfill, injection well or treatment facility meets EPA or state regulatory standards. 1.06 POST-JOB SUBMITTALS ' A. Waste Disposal: Manifests from disposal company which acknowledge deliveries of waste material. Manifests shall include date, quantity of a material delivered, and signature of authorized representative (Special Form 6). B. Tank Disposal: BILL OF SALE AND INDEMNITY AGREEMENT which transfers the ownership of the removed tanks (Special Form 7). C. Closure Checklist: Compile and maintain Special Form 10 during construction. Submit the completed closure checklist at the completion of construction. PART 2- PRODUCTS 2.01 MATERIALS a1409027A 02200 -3 City of Fort Worth September 1994 A. 10-Mil Polyethylene Sheets: To be used for contaminated soil storage, while on site. PART 3 - EXECUTION 3.01 PERSONNEL PROTECTION: A. CONTRACTOR IS ADVISED OF LABORATORY TESTS WHICH HAVE SHOWN THAT PROLONGED OR REPEATED EXPOSURE TO SOME PETROLEUM SUBSTANCES AND SOLVENT WASTES, IN LIQUID OR VAPOR PHASES, MAY CAUSE SERIOUS ILLNESS, INCLUDING CANCER. B. Before commencement of Work, the Contractor will instruct all workers in the appropriate procedures for personnel protection, hazard recognition, and insure that workers are knowledgeable in these hazards and procedures. C. Provide oxygen meter and explosive gas indicator, properly calibrated, and in good working order. Devices shall be used by the Contractor to monitor tanks and surroundings for safety during inerting and excavation phases of operation. D. Eliminate all sources of ignition from the area. E. Prevent the accumulation of vapors at ground level and in the tank excavation. F. Properly ground all electrical equipment and provide explosion proof aequipment. G. Provide proper respiratory protection with proof of training and fit testing for workers who enter confined spaces such as the tank for final cleaning. H. Isolate the work area to allow no visitors except regulatory authority representatives within 25 feet of the work area. ' I. Institute a trench safety system. This item will consist of the basic requirements which the Contractor must comply with in order to assure the safety and health of workers in a trench. The trench safety system shall be used for all trench excavations of all depths. The Excavating and Trenching Operation Manual of Occupational Safety and Health Administration, U.S. Department of Labor; Subpart P shall be the minimum governing requirement of this item and hereby made a part of this item and hereby made a part of this specification. Q3.02 PREPARATION FOR TANK REMOVAL A. Observe and follow all safety precautions referenced in Paragraph 1.04. Use extreme care with regard to inerting of tank for removal. B. Product Draining: Drain product piping into the tank, being careful to 1409027A 02200-4 City of Fort Worth September 1994 avoid an spillage. To aid the avoidance of spillage, all product piping shall Y , , P , PP g be disassembled in a conscientious manner (i.e. with a pipe wrench, not a backhoe) and then capped or removed. In certain instances and upon approval of the Engineer, the backhoe may be used to remove badly corroded. piping. The contractor shall make available numerous large buckets for use in collecting petroleum product remaining in piping. The contractor shall instruct all employees and Subcontractors in avoidance of spilling piping contents. C. Residue Removal: Remove and dispose of liquids from the tanks. The Contractor shall verify that all liquids have been removed from the tanks before excavation commences and demonstrate the tank's emptiness to the Engineer with a standard dip stick measurement. The Contractor shall provide the dip stick and appropriate hydrocarbon sensitive pastes. The Contractor shall also remove minor amounts of liquids found in the tank pit excavation as directed by the Engineer. D. Demolition and Excavation: Excavate the top of tank only. Dispose of removed pavement sections. Stage excavated soil and backfill on-site. E. Piping Closure: Remove the fill pipe, gauge pipe, vapor recovery truck connection, submersible pumps, drop tubes and other tank fixtures. Properly dispose of these items off-site. 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 inerted. Temporarily plug all other tank openings so that all vapors exit through the vent line during the vapor-freeing process. 3.03 REMOVE FLAMMABLE VAPORS A. Background and Safety: Render flammable tank vapors non-explosive by inerting tank with a gaseous carbon dioxide 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, an oxygen meter and a combustible gas indicator should be used to assess vapor concentrations of oxygen (02) and the lower explosion limit (LEL) in the tank and work area. 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. Keep fire extinguishers nearby, in plain sight and accessible to all personnel. 1. Inerting: Flammable and combustible vapors may be inerted by one of the two methods described below: a. The vapors in the tank may be inerted with a gas such as carbon dioxide (CO2), or nitrogen (N2). This method shall not {, be utilized if the tank is to be entered for any reason, as the tank atmosphere will be oxygen deficient. Introduce the inert 1409027A 02200 -5 City of Fort Worth September 1994 1 gas through a single tank opening at a oint near the bottom of the tank at the end of the tank oppose the vent. When inert gases are used, introduce under low pressure to avoid the generation of static electricity. When using CO2 or N22, pressures in the tank must not exceed 5 pounds per square inc71 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. CO extinguishers shall not be used for inerting flammable atmospheres. b. If the method described in Subparagraph 3.02.A.1. is not ' practical, the vapors in the tank may be displaced by adding solid carbon dioxide (dry ice) into the tank in the amount of at least 1.5 pounds per 100 gallons of tank capacity. Crush and distribute the dry ice 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. Ensure that all of the dry ice has evaporated before proceeding. CAUTION: Skin contact with dry ice may produce burns. 3.04 TANK ATMOSPHERE TESTING A. Background and Safety: 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. Combustible Gas Reading for Tank Removal: Test the tank vapor space by placing the combustible gas indicator probe into the fill opening with the 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 a 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. C. Oxygen Level Readings for Tank Removal: Combustible gas indicator readings may be misleading where the tank atmosphere contains less than 5 1409027A 02200 - 6 City of Fort Worth !� September 1994 J percent by volume oxygen, as in a tank purged with CO2, NZ, 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. An oxygen level of 10 percent or less inside the tank must be obtained-before the tank is considered safe for removal from the ground. 3.05 TANK REMOVAL A. Tank Venting: 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. Tank Removal: Excavate around the tank to finish uncovering 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 transportation. Use screwed (boiler) plugs to plug any corrosion holes in the tank shell. C. Soil Staging: Excavation of the backfill soils shall proceed until the tank pit excavation area is squared up as directed by the Engineer. Place all excavated backfill and soil material on 10 mil or greater polyethylene sheets at the location designated by Engineer. Cover all material with 10-mil or greater sheets of polyethylene to protect from rainfall. Representative soil samples shall be collected, transported, and analyzed by Owner's Testing Laboratory. After proper characterization, soil shall be reutilized as backfill material or treated and disposed of by the contractor. D. Tank Labels: ' 1. 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. Indicate the former contents and present vapor state of each tank, including vapor-freeing ' treatment and date. The label should be similar to the following in legible letters at least 2 inches high: DO NOT ENTER TANK TANK HAS CONTAINED WASTE SOLVENT* NOT VAPOR FREE NOT SUITABLE FOR STORAGE OF FOOD OR LIQUIDS INTENDED FOR HUMAN OR ANIMAL CONSUMPTION DATE OF REMOVAL: MONTH/ DAY/ YEAR * Or other flammable/combustible liquid. Use the applicable designation. 1409027A 02200 -7 City of Fort Worth September 1994 E. Tank Transportation: Remove tanks from the site after vapor-freeing procedures have been completed, on the day of the tank removal from the excavation. 1. Before the tank is removed from the site, check the tank atmosphere with a combustible gas indicator as specified in Paragraph 3.03 to ensure that it does not exceed 20 percent of the lower explosion limit. 37 2. Before the tank is removed from the site, check the tank atmosphere with an oxygen meter as specified in Paragraph 3.03 to ensure that the oxygen level does not exceed 10 percent. 3. Plug or cap all holes except for one 1/8-inch vent hole located at the uppermost point on the tank. Secure the tank on a truck for ' transportation to the storage or disposal site. Transport tanks in accordance with all applicable local, state, and federal regulations. 3.06 DISPOSAL PROCEDURES A. After the tank has been vapor inerted and exhumed, the tank shall be cleaned of sludge and loose scale by washing. The tank shall be cleaned off-site. All sludge and rinse water shall be properly disposed of by the Contractor or Subcontractor. The atmosphere m the tank shall be checked frequently. If the vapor content exceeds 20% of the LEL or 10% 02, the tank shall be reinerted to non-flammable levels. B. Puncture Holes: After a tank has been vapor-freed and all sludge removed, puncture, cut or drill numerous holes in all sections of the tank to render it unsuitable for future use as a storage tank. C. Bill of Sale: Use a bill of sale in form and content identical to Special Form 7 to transfer tank ownership. Prior to disposal of used tanks, check current federal, state, and local regulations to determine if special procedures or preparations are required. Follow tank labelling and transportation procedures above. ' 3.07 OVEREXCAVATION OF CONTAMINATED SOILS: A. Description: Contractor must bear all responsibility for the removal, segregation, storage and transportation of overexcavated soils from the zone surrounding the tank pit. Overexcavated material is defined as native soil or backfill material which lies more than two feet beyond and below the original tank in all directions. The amount and locations of overexcavation shall be directed by the Engineer. Contractor shall bear all costs for overexcavation which is conducted without the prior approval of the Engineer. B. Soil Samples: Samples of overexcavated areas shall be collected and tested following each phase of overexcavation (or as directed by a TNRCC field inspector or the Engineer). Collection, transportation and testing of samples from overexcavated areas shall be performed by the Owner's Testing Laboratory or the Engineer at the expense of the Owner. 1409027A 02200 - 8 City of Fort Worth September 1994 0 C. Groundwater and Tank Pit Waters Removal: Groundwaters and/or tank pit waters shall not be removed by the Contractor without approval by the Engineer. 3.08 EXCAVATION BACKFILL A. Backfill: Upon approval from Engineer, backfill the excavation as specified in Section 02230. 3.09 FIELD QUALITY CONTROL A. Site Clearing: Upon completion of the Project, immediately remove all rubbish, construction equipment, etc. from site and leave the premises in clean, operable condition. ' END OF SECTION a iJ 1409027A 02200 - 9 City of Fort Worth September 1994 SECTION 02230 BACKFILL PART 1 - GENERAL 1.01 SUMMARY A. Work Included: Furnishing of all tools, labor, equipment, and materials and performing all operations required to backfill empty tank pit excavation and piping trenches. 1.02 SUBMITTALS A. Reference Sections: Make submittals in addition to and in accordance with ' Section 01300. B. Geotechnical Testing Laboratory: Provide independent geotechnical etesting laboratory which is acceptable to Engineer. PART 2- PRODUCTS 2.01 MATERIALS A. Fill Material: Clean fill material for tank pit excavations and pipe trenches shall consist of Engineer approved soils. Approved soils shall be free of organics, deleterious materials, clay lumps, rocks over 3 inches in diameter and hazardous substances or waste material defined by the Resource Conservation and Recovery Act (RCRA), 40 CFR Section 3010 Part 261 as amended. Fill material shall meet at least one of the following requirements: ' 1. Sand or Select Fill: P.I. not less than 4 no greater than 15. 2. Clay Fill: P.I.greater than 15, but less than 30. ' 3. Existing tank pit backfill if approved by Engineer. B. Geotechnical Properties Testing: The Contractor shall bear all costs associated with analysis of geotechnical engineering properties of potential backfill materials. All testing results of potential backfill materials shall be submitted to the Engineer for approval prior to placement. PART 3 -EXECUTION 3.01 BACKFII.LING A. Backfil.up to 4 Feet Below Grade: 1. Place fill material in excavation(s) in maximum loose lifts not to exceed 2 feet. 2. Compact fill material in accordance with paragraph 3.02 of this 1409027A 02230 - 1 City of Fort Worth September 1994 Section. B. Upper 4 Feet of Backfill: 1. Place select fill material in excavation(s) in maximum loose lifts not to exceed 8 inches. 2. Compact fill material to at lest 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, or as directed by the Engineer. 3.02 COMPACTION SCHEDULE: Approved fill materials shall be compacted in accordance with the following compaction schedules. ' A. Sand or Select Fill: Compact to at least 95% of Standard Proctor maximum dry density (ASTM D698) at or within a moisture content of 3% of optimum. B. Clay Fill: Compact to at least 93% of Standard Proctor maximum dry density (ASTM D698) at optimum moisture content or up to 4%above optimum. C. Existing Tank Pit Soils: As directed by the Engineer. 3.03 FIELD QUALITY CONTROL aA. Testing: Field density testing will be in accordance with ASTM D 2922. B. Frequency: 1. Backfill up to 4 Feet Below Grade: Contractor shall compact all material with sufficient means and methods to result in compaction rate in accordance with paragraph 3.02 of this section. Density testing will not be required in this portion of the fill unless the Contractor's compaction procedures and results are not satisfactory to the Engineer. The Contractor shall bear all cost for density testing required by the Engineer under this item. 2. Upper 4 Feet of Backfill: A minimum of one test per lift or per 50 cubic yards, whichever results in more frequent testing. C. Geotechnical Characterization: Contractor shall bear all costs associated with analysis of geotechnical engineering properties of fill materials. All geotechnical engineering testing results shall be submitted to the Engineer for approval prior to placement of fill material. LJ END OF SECTION 1409027A 02230 -2 City of Fort Worth September 1994 ,J SECTION 02514 PORTLAND CEMENT CONCRETE PAVEMENT PART 1 - GENERAL 1.01 SUMMARY A. Work Included: Furnishing of all tools, labor, equipment, and materials and performing all operations required to remove, dispose of and reconstruct reinforced concrete pavement, as specified in these Specifications and as shown or described in these Contract Documents. All materials, procedures, labor, equipment and other items of the Work must be in conformance with ' Item 314 of the "Standard Specifications for Street and Storm Drain Construction, City of Fort Worth,Texas." 1.02 SUBMITTALS A. Reference Section: Make submittals in addition to and in accordance with Section 01300. B. Mix Design: Proposed Concrete Mix Design which complies with Item 314 of the "Standard Specifications for Street and Storm Drain Construction, City of Fort Worth, Texas." The mix design shall be submitted to the Engineer for approval ten (10) days prior to any placement. PART 2- MATERIALS 2.01 CONCRETE MATERIALS ' A. Portland Cement: ASTM C 150,Type I Portland Cement. B. Aggregate: All aggregates shall meet the requirements of Item 314 of the "Standard Specifications for Street and Storm Drain construction, City of ' Fort Worth, Texas." C. Water: Water should be clean and free from injurious amounts of oil, salt, acid, alkali, organic matter or other deleterious substances. Water suitable for drinking is acceptable. D. Admixtures: No admixture of any type shall be used unless specifically approved by the Engineer in writing. 2.02 PORTLAND CEMENT CONCRETE aA. Concrete Proportioning: Proportion concrete in accordance with ACI 301.3.9, proportioning on the basis of previous field experience or trial mixtures. B. Mix Design: The concrete mix design report shall include: a1409027A 02514 - 1 City of Fort Worth (� September 1994 U 1. Proposed saturated surface dry (SSD) weights per cubic yard. 2. Cement manufacturer and type. 3. Aggregate type and material properties. 4. Design water cement ratio, slump and air content. 5. Water cement ratio versus compressive strength curve or history of mix performance. 6. Design 28-day compressive strength. 7. Design 7-day flexural strength. 8. Concrete supplier and address of plant designated for production. C. Batching: Concrete shall be batched and delivered in conformance with the requirements of Item 314 of the "Standard Specifications for Street and Storm Drain Construction, City of Fort Worth, Texas." D. Concrete Properties: Concrete shall exhibit the following properties: 1. Minimum compressive strength 3,000 pounds per ' square inch at 28 days 2. Minimum flexural strength at 7 days 500 pounds per square inch 3. Slump 11/2 to 3 inches 2.03 CONCRETE CURING COMPOUND A. Conform to requirements of Item 314 of the "Standard Specifications for Street and Storm Drain Construction, City of Fort Worth,Texas." a2.04 REINFORCING STEEL A. Deformed Bars: Steel reinforcing bars shall be No. 4 bars conforming to requirements of ASTM A 615, Grade 40 or Grade 60. B. Joint Dowels: Smooth steel dowel bars at joints shall be one inch diameter, 18 inches long conforming to the requirements of ASTM A 615, Grade 60. 2.05 FORM MATERIALS ' A. Metal Form: Clean metal forms of approved shape and section. B. Plywood Form: APA,B-B plyform, Class II. Sound, undamaged sheets. C. Framing Lumber: ACI 310, exterior grade, well seasoned wood. Size as required. D. Adjacent Slabs: May be used, provided that the existing concrete has aged ' for a minimum of 7 days and is well protected from possible damage by finishing equipment. Any required joint assemblies and reinforcing steel must be in place. 2.06 PORTLAND CEMENT CONCRETE JOINT SEALER A. Conform to requirements of ASTM D 1854, "Jet-Fuel-Resistant Concrete Joint Sealer, Hot-Poured Elastic Type." 1409027A 02514-2 City of Fort Worth September 1994 PART 3 - EXECUTION 3.01 REMOVAL OF EXISTING PAVEMENT A. Saw Cutting: 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. Removal and Disposal: Remove and dispose of all existing pavement within the confines of the sawcut. 3.02 FORMS ' A. Dimensions: The depth of the forms is to be equal to the required edge thickness of the structure. The length of each form section (except for end and corner sections) is to be not less than 8 feet and each section is to be staked with no less than three pins. Flexible or curved forms are to be of wood or metal of approved cross-section. B. Joint Spacing: Construct joints as shown on the Drawings and in conformance with these Contract Documents or as directed by the Engineer. C. Quality Control: Thoroughly clean, dress and oil or discard forms after each use. D. Form Removal: Forms are to remain in place for not less than 8 hours after the concrete has been placed. Carefully remove in such manner that no damage is done to the edge of structure. After removal of forms, backfill subgrade or excavated areas adjacent to the structure, thoroughly wet backfill and maintain drainage to prevent ponding of water on subgrade directly adjacent to new pavement. ' E. Joint Sealer: Place joint sealer according to manufacturer's written recommended procedures. 3.03 REINFORCING STEEL A. Deformed Steel Spacing: Place reinforcing steel at 24-inch centers (± one inch) each way and supported at mid-depth of slabs utilizing plastic type 0 chairs or approved alternate. B. Joint Dowel Spacing: Install dowel bars in joint assemblies at 12-inch a centers (+ one inch), each parallel to the pavement, and rigidly secured by means that will prevent their displacement during placing and finishing of the concrete. 1409027A 02514-3 City of Fort Worth September 1994 3.04 CONCRETE PLACEMENT A. Placement: Deposit concrete in forms. Do not chute concrete more than 15 feet. Restrict free fall of concrete to 3 feet, maximum. B. Compaction and Finishing: Strike off and mechanically screed concrete to produce a section that is thoroughly compacted and finished to the specified line, grade and cross-section. Use internal vibrators at joints to consolidate concrete. Do not over-vibrate. C. Time Limitation: Concrete not placed within 1-1/2 hours after water is introduced shall be disposed of offsite at Contractor's expense. Contractor shall reject concrete that has developed initial set before placement and dispose at his own expense. D. Ambient Temperature Limitation: Except upon specific written ' authorization by Engineer, do not place concrete when the temperature is 40 degrees Fahrenheit and falling. Concrete may be placed when the temperature is 35 degrees Fahrenheit and rising. Measure ambient air temperature away from artificial heat, with thermometer or measuring device shaded from solar effects. E. Concrete Temperature Limitation: Contractor shall dispose of concrete with a temperature of more than 90 degrees Fahrenheit off-site at his own expense. F. Working Hours: Do not place concrete before sunrise, nor later in the day than will normally permit the completion of all finishing operations during sufficient daylight. G. Subgrade Moisture: Thoroughly moisten subgrade just prior to placement of concrete. Do not flood. Do not place concrete when standing water is ' present in the placement areas. 3.05 CONCRETE FINISHING ' A. Float Surface: After screeding is completed, float surface to a smooth finish. A mechanically vibrated strike-off template may be used in place of the longitudinal float. B. Trueness: After floating is complete and while the concrete is still workable, test surface for trueness with an approved 10-foot steel straight edge. Place straight edge on the surface parallel to the centerline and at not more than 5- foot intervals transversely. After each test, move straightedge forward one- half its length and repeat operation. When irregularities are noted, correct by adding or removing concrete and by re-floating area. Repeat surface test awith the straightedge. Maximum trueness tolerance is 1/8-inch per 10 feet. C. Broom Finish: While the concrete is still workable, produce a belt broom surface finish. Work surface with an approved belt or broom to produce a uniformly textured surface. 0 1409027A 02514 -4 City of Fort Worth September 1994 D. Rounded Edge: Use approved tools to produce rounded edge at joints. 3.06 CONCRETE CURING A. Curing Period: Cure concrete pavement by protecting against loss of moisture for a period of not less than 72 hours from the beginning of curing operations. B. Curing Compound: As soon as the concrete pavement or slab has been finished as specified above, spray concrete with a curing compound which forms an impermeable film adhering to the concrete. Apply in a manner and quantity that provides a uniform coverage of not more than 200 square feet per gallon of curing compound. 3.07 FIELD QUALITY CONTROL ' A. Contractor Responsibility: 1. Obtain samples for compressive and flexural strength samples for each 50 cubic yards placed. A minimum of one sample each per day of placement will be taken. 2. Testing of materials shall be made at the expense of the City of Fort Worth. In the event the initial sampling and testing does not comply with the specifications, all subsequent testing of the material in order to determine if the material is acceptable, will be at the Contractor's expense at the same rate charged by the commercial laboratories. 3. Upon completion of the work and before final acceptance and final payment will be made, pavement thickness test shall be made by the Engineer or his authorized representative. The number of tests and location will be at the discretion of the Engineer. The cost for the Q initial pavement thickness test will be at the expense of the City of Fort Worth. In the event a deficiency in the thickness of pavement is revealed during normal testing operations, subsequent tests necessary to isolate the deficiency will be at the Contractor's expense. The cost for the additional coring test shall be at the same rate charged by the commercial laboratories. ' END OF SECTION a a 0 a1409027A 02514 -5 City of Fort Worth September 1994 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on the following City of Fort Worth project: The removal, disposal and site cleanup of two waste solvent underground storage tanks and miscellaneous appurtenances and equipment required to complete the project as described by these plans and contract documents. Eagle Construction and Environmental Services, CONTRACTOR Inc. 1 By; -- ea aven, rest en President Title April 27 1995 Date E; STATE OF TEXAS § COUNTY OF TARRANT § aBEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed tote foregoing instrument, and acknowledged to me that he executed the ' same as the act and deed of Eagle Construction & Environmental Services, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. 1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of April 11995 •Pav P`e� KAY MURRY Notary Mb lic in and fo e NOTARY PUBLIC State of Texas qj�s�+P STATE OF TEXAS of Commission Expires 2-i-98 O l 1409027A F- 1 City of Fort Worth September 1994 rEastLand, RD DATE(MM/DD/YY) -- CERTIFICATE OF LIASILITY,LNSURANCE 04/26/95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ossander & Perry ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR r ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 COMPANIES AFFORDING COVERAGE X 76448 COMPANY 933 A RELIANCE NATIONAL IND EMNITY NSURED COMPANY EAGLE LEXINGTON INSURANCE CO. EAGLE CONSTRUCTION & ENVI BOX 872 COMPANY EASTLAND C PETROSURANCE CASUALTY CO. EASTLAND, TX 76448 COMPANY D 3YA :;::::. .......:.:;:..:.w :.:::::;;:.:;•.: :.. :..:::::::::::... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION OMITS LTR DATE(MM/DDIM DATE(MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE S 2 000 ODD X COMMERCIAL GENERAL LIABILITY NGB2510206 02/28/95 02/28/96 PRODUCTS-COMP/OPAGG S 2 DDO 000 X CLAIMS MADE �OCCUR PERSONAL&ADV INJURY S 1 000 ODO OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S 1,DDO OOD FIRE DAMAGE(Any one fire) $ 50 ODD MED EXP(Any one person) S 5 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT S 1,000,000 ALL OWNED AUTOS BODILY INJURY S A X SCHEDULED AUTOS NKA1630DDO 02/28/95 02/28/96 (Per person) X HIREDAUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY. ' EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S 4 000 ODO B X UMBRELLA FORM 557-5232 02/28/95 02/28/96 AGGREGATE $ 4 DDO 000 OTHER THAN UMBRELLA FORM i OTH- WORKERS COMPENSATION AND WRSTA LIMITS EMPLOYERS'LIABILITY EL EACH ACODENT S 1,0D0,000 C PART� TIVE X LNCL WC42-951298-01 03/12/95 03/12/96 EL DISEASE-POLICY LIMIT $ 1 000 DDO OFFK:ERS ARE EXCL EL DISEASE-EA EMPLOYEE S 1 ODD ODD OTHER A POLLUTION NTB1634430 10/14/94 10/14/95 1000000/2DD0000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CITY OF FT WORTH, ITS OFFICERS, AGENTS, EMPLOYEES, REPS, AND VOLUNTEERS ARE DDED AS ADDL INS AS RESPECTS OPERATIONS AND ACTIVITIES, OR, OR ON BEHALF OF E NAMED INS PERFORMED UNDER CONTRACT WITH THE CITY OF FT. WORTH . ..:• ::... ...: ......:. .......: .:: :.::�._.::.�:n.::;:.v?'::{{::.::::.}w.:n:LiJ:::::.i:.�.�::.iitwnv:.}::n:::n':.:'::.:�: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF FT. WORTH 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DEPT OF ENVIRONMENTAL MGE BUT FAILURE TO MAIL SU SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 THROCKMORTON OF ANY KIND N C A TS OR REPRESENTATIVES. FT. WORTH, TX 76102-6311 AUTHORIZED REPR ENT .........:... oA1�2�-:5: iJsS.::.::.:;::::..:.::.::.: ..:::.� .:.:.::.:.,...::::.':::: Li (a) Contractor agrees to provide to the City of Fort Worth a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City of Fort Worth. a 1409027A F-2 City of Fort Worth ( September 1994 U i 1 :::::: . ........... ............ .. ........ . .......... 0 D JD & D Surety and Insurance Agency 500 N. Central Expressway Suite 223 Plano, Texas 75074-6762 Phone Number 214-578-5404 Fax Number 214-578-5407 J "� 1'•zn EF1QE CONSTRUCTION -�] 817 8625 p,ZS Bond No: 015004686 — Premium: 1,320.00 NOa Ti+ERFFORE, if the Principal shall yell . truly and faithfully perform the. vork in accordance with the plans, specifications, and contract documents during Che 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. Nner 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 renain in full force and effect . PROVIDED T RT)UR, that if any legal action be filed upon this bond , venue shall lie in Tarrant County, State of Tezas. AVD PItOVIDED FURT)M R, 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 visa affect its obligation on this bond , and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the -contract or to the work or to the specifications. IN U1T1.'ESS WHEREOF, this inSLrument is executed in six counterparts each one of which 9),-all be deemed an original. this the 28th day of ,;rRt jw4 l A.D. , 19--ft. tJ Eagle Construction & Environmental Services Inc. PR L (4 �� ATZES Malraren President F0 Box 87-2 (Princip 1) Secretary Eastland TX 76448 Address Amwest Surety Insurance Company (S b A L OF PRINCIPAL) 1231 Greenway Dr., Suite 450, LB 16 • Irvin Texas 75038 &!� _C�' /Z)� — U01itnesk as to Principal ry'Ur4t n, � n BX:_ �� . AT ST: ,Attorne —in—fact) (S) . Dennis H. Moore . 500 N. Central Expressway, Suite 223 (Surety) Secretary Plano, Texas 75074 ( Address 4_ G — 2 City of Fort North .�............. ✓V.� r14..V1 R.1 1 f"1/1 1 U11 UGJ- IIUJ rr'11.7C CJ..7 APR-25-1995 15:11 EAGLE CONSTRUCTION 817 629 8625 P,06 Bond No: 015004686 Premium: 1,320.00 (1) Correct narse of Contractor. (S E j L OF SURETY) (2) A Corporatlon, a Fartnership or an IndividuAl . as taco =BY be. (3) Correct name of Surety. witness as to Surety (4) If Contractor is ?aztnership all 500 N. Central Expressway, Suite 223 partners should execute bond . Plano, Tezas 75074 (S) A true copy of ?over of Attorney &hall be attached to bond by Attorney-in-Fact. Address �J I 1 G - 3 City of Fort Worth KU=HYUtK HUtNL-T rHX t Hbt 04 rrx- -ly95 15: 11 - - - - - - - - - - - - - - - EAGLE CONS 7RUCTION 817 629 8625 P,07 Bond W 015004686 Premium 1,320.00 FAY ENT BOND (Required if contract amount excteds 525,000.00) THE STATE OF TEXAS S COUNTY OF TARRANT 9 Al ' Eagle Construction t Environmental XNOW ALL Y.EK 3 THESE PRESENTS: That we ( 1) a (2) corporation of Eastland- Te;as ' hereinafter called principal , and (3)Amwatt Surety Insurance company , a corporation organized and existing under the laws •' of the State' and fully authorised to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort North, A municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 0%;ntr, and unto all persons, firms, and L� ` corporations who may furnish materials for, or perform labor upon, the .building or improvements hereinafter referred to in the penal sum of: 1 Fifty two thousand seven hundred eighty three dollars and 47 cents (S 52,783.47 ) Dollars in lac:ful money of the United Stotts, to be paid in Fort Forth, Tsrtant County , Texas . for the payn►ent of wh"h suns t yell and truly to be made, we bind ourselves, our heirs, executors , administrators and successors }ointly and severally, firmly by these jt presents. THE CONDITION OF ISIS OBLIGATION is suc% that Whereas , the Principal i' entered into a curtain contract with the City of Fort, Forth, the Owner, dated the _ 28th day of _ April A.D. , 19 95�. a coPY of whitb is hereto attached and made a part hereof, for: sal and site cleanuo of two under round hazardous waste solvent storage tanks and all miscellaneous appurtenances located at Meacham Airport designated as Project Number 95-01:1PST s copy of which contract is hereto attached, referred to, and made a part hereof as Sully And to tha same extent as if copies at length herein, such projtet being hereinafter referred to as the "-uric." �a R055ANDER AGENCY FAX 1-617-629-1165 PAGE 05 EAG - -- - - - - - -- - - -E CONSTRUCTION 817 629 8525 P,08 Bond No: 015004686 Premium: 1,320.00 ^ � NOW, THERETOnZ, the condition of this obligation is such that , if the Principal shall promptly make payment to all claimants as defined in Article 5I60 of the Revised Civil Statutes of Texas , supplying labor and materials in the prosecution of the vvrk provided for in said Contract , then this obligation shall be null and void, otherwise it shall remain in full force and effect. THIS BONM 1S XADE AND ENTERED into solely for the protection of all elainants 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 lit in Tarrant County, Scat* 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 terns of the contract or to the work to be performed thereunder ov the specifications accompanying the same shall in any vise 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. IN k'1TNESS WHEREOF, this instrument is executed in six counterparts each one of which shall be deemed an original , this the 28th day_ of April. A.D. , 1995 . Eagle Construction i Environmental Services, Inc. PR IPAL 4 A?TES e Malraven, President .� P -0. Box 872, 400 K. Seaman (Princip 1) Secretary ($ E A L 0e PRINCIPAL) Address �/ Witness s to Fr'-'CTyal i� J City of Fort Forth ROSSANDER AGENCY FAX 1-617-629-1165 PAGE 06 _ �•w�—�5-1995 1512 EAGL — — - — — — — — — — — - - - - — — - - - — — — — — — - E CONSTRUCTION 817 629 8625 P.@9 Bond No: 015004686 Premium: 1,320.00 ATTXST: Amwest Surety Insurance Company 1231 Greenway Dr., Su �te 450, LB 16 Irving, Texas 75038 ' �11)/u [,z,�z� Sur�t (Surity) Steretary .4t Nlilhil O- y-in aet S Dennis H. Moore (S E A L) 500 N. Central Expressway, Suite 223 Plano, Texas 75074 1Addrtss) (1) Correct nama of Contractor. c C<<_f%—C� -{zltrc� (2) A Corporation, a partnership or' Uitncss as to Surtty an Individual , si case may be- 500 N. Central Expressway, Suite 223 .� (3) Correct name Of Svrety. Plano, Texas 75074 (4) If Contractor is Partnership all (Address) Yartners should exeevte bond. (S) A true copy of ?over of Attornty .a shall t e attached' to bond by rq ae tarTley—ins-Fae t . t G .,� , City of Fort Worth m 0 ® ® ® ® =M0=13C1-]CEK= moo ' y 00WOE 0000 000000000000000 � _ � mooaaaoo°0013°0°o°co°ac°O� :000000000a0000aanDuo dloaaoaIDIadaa Ina o0oao0o013C=r r-z: CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into this the day of Apri 1 , A.D., 10-95 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 Eagle Construction A Environmental being called Contractor. Services, Inc. ' WITNESSETH: That said parties have agreed as follows: 1. 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: the removal, disposal and site cleanup of two waste solvent underground storage tanks and miscellaneous appurtenances and equipment to complete the project as described by these plans and contract documents. 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 seven (7) days after being notified in writing to do so by the City Manager of the City of Fort Worth. 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 30 calendar days. a1409027A H - 1 City of Fort Worth September 1994 a 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 $ 210.00 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. If the Contractor fails to begin the work within the time specified; or fails to perform the work with sufficient workmen and equipment; or has insufficient materials to insure the completion of the work within the contract time; or shall perform the work unsuitably; or shall neglect or refuse to remove materials or perform or renew such work as may have been rejected as being defective or unsuitable; or shall discontinue the prosecution of the work without authority; or from any other cause whatsoever shall not carry on the work in an acceptable manner, the City Manager of the City of Fort Worth may give notice in writing to the Contractor and his surety of such delay, neglect or default, specifying the same. If the Contractor shall become insolvent or be declared bankrupt, or ' shall commit any act of bankruptcy or insolvency, or shall make an unauthorized assignment for the benefit of any creditor; or if the Contractor, within a period of ten (10) days after the date of notice in writing from the City Manager of the City of Fort Worth, specifying any delay, neglect or default by the Contractor, as provided above, shall fail to correct such delay, neglect or default to the satisfaction of the City Manger of the City of Fort Worth, then the Owner shall have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of the Contractor and appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable, and to enter into an agreement with any third party for the completion of the contract according to the terms and provisions thereof, or use such other methods as in his opinion may be required for the completion of the contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work in the contract, shall be deducted from any payment due or which may become due the Contractor. In case the costs so incurred by the Owner shall be less than the amount which would have been payable under the contract if it had been completed by the Contractor, the Contractor will be entitled to the difference. In case such costs exceed the amount which would have been payable under the contract, then the Contractor and his surety shall be liable for and shall pay to the Owner the amount of such excess. 5. tContractor 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 k 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 M invitees, whether or not caused, in whole or in part, by alleged negligence on the part of Owner or its 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 a1409027A H -2 City of Fort Worth September 1994 U whole or in part, by alleged negligence of Owners or its officers, agents, servants, employee 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 Owner or its officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. It is the expressed intention of both Owner and Contractor that the indemnity provided for in this paragraph includes indemnity by Contractor to indemnify and protect Owner from the consequences of Owner's own negligence, whether that negligence is the sole or concurring cause of the damage, loss, injury or death. 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 a 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 a (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 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. 1409027A H -3 f Fort Worth September 1994 y 6. The Contractor shall not commence work under this contract until all insurance required under the Contract Documents has been obtained and approved by the Owner. Such insurance shall be effective during the life of the contract. Insurance requirements follow: A. Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate B. Environmental Impairment Liability or Pollution Liability $1,000,000 per occurrence C. Automobile Liability $1,000,000 per accident NOTE: AMONG A., B. AND C., ANY POLLUTION EXPOSURE INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY ASSOCIATED WITH OPERATIONS PERFORMED UNDER THIS CONTRACT SHALL BE INSURED. IN ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION, LIABILITY FOR GRADUAL EMISSIONS, DEFENSE AND CLEAN-UP COSTS SHALL BE COVERED. D. Worker's Compensation Statutory limits and Employer's Liability at the following limits: $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Pq E. Other requirements relating to the insurance specified for the contracted project: 1. The City of Fort Worth, its officers, officials, agents, employees, representatives, and volunteers are to be endorsed on the Contractor's applicable insurance policies as Additional Insured(s) as their interests may appear (ATIMA). 2. Applicable policy(s) shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. ' 3. The insurer(s) of the Contractor's insurance policy(s) shall be authorized to do business in the state of Texas or otherwise approved by the City of Fort Worth, and such insurer(s) shall be acceptable to the City of Fort Worth as to their financial strength and solvency. 4. The deductible limit on any of the policy(s) shall not exceed $10,000 per occurrence unless approved by the City of Fort Worth. 5. The City of Fort Worth shall be notified a minimum of thirty (30) days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage. Agreement to provide such notice shall be endorsed on the Contractor's policy(s). Any such notice shall be delivered to the Director of the Environmental Management Department, City of Fort Worth, 1000 Throckmorton Street, Fort Worth,Texas 76102. a 6. Full limits of insurance required shall be available for claims arising out of services contracted in this agreement. Such reservation of insurance limits 1409027A H - 4 City of Fort Worth September 1994 shall be endorsed on the policy. 7. Certificates of insurance shall be provided to the referenced Director of the Environmental Management Department. Any failure on part of the City of Fort Worth to request such documentation shall not constitute a waiver of specified insurance requirements. 8. The City.of Fort Worth shall be entitled, upon request and without incurring expense, to review the Contractor's insurance policy(s) including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. 9. In the event the Contractor becomes aware of any damage sustained or claim thereof, arising out of the Contractor's services under this agreement, notice thereof shall be provided to its insurer(s) and to the Director of the Environmental Management Department in a timely manner. 10. "Other insurance" as referenced in a standard Commercial General Liability insurance policy shall not be that of the City of Fort Worth. 11. The Contractor shall require any subcontractors on the project to maintain similar insurance coverages and limits as those specified for the Contractor if ' and when the Contractor's insurance does not cover such subcontractors. Documentation of all relevant insurance coverages shall be provided to the City of Fort Worth by the Contractor. 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: "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." The City of Fort Worth's Risk Manager is hereby authorized to reduce the a requirements set forth above in the event he determines that such reduction is in the City's best interest. Prior to commencing any work under this contract, the Contractor shall deliver to a the City of Fort Worth insurance certificates confirming the existence of the insurance required by this contract, and including applicable clauses referenced above a 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 0 bonds for the faithful performance of the terms and stipulations of the Contract and for the 1409027A H -5 City of Fort Worth September 1994 0 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 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 a n o l c n r c m t (inc din /ex alternates A , shall b �r t' 4w� �iI c A& ��ve�i�iurli � ars,($ 52,7s)47 ). eighty three and 47j100 ' 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. 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. 12. ' This Contract shall constitute the entire agreement of the City and the Contractor all su shpersede any prior agreements, either oral or written, pertaining to the contemplated services. a 0 1409027A H - 6 City of Fort Worth September 1994 I IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in three counterparts in its name and on its behalf by the City Manager and attested by its ecretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in three counterparts with its corporate seal instrument through its duly authorized officers in .. three counterparts with its corporate seal attached. Done in Fort Worth, Texas, this thp-24L day of� A.D., 19 95. APPROVED: CITY OF FORT WORTH BY: - Asst. CITY MANAGER, Charles Boswell for ATTEST: Bob Terrell , City Manager Eagle Construction b Environmental Services, Inc. CONTRACTOR B - ��,� CITY SECRETARY, Alice Church e a raven r o elsident n TITLE (SEAL) PO Box 872, 400 N. Seaman APPROVED AS TO FORM AND LEGALITY: Eastland, TX 76448 ADDRESS �CITY EY ryn Hansen I Reference M&C C-14764 of 04/11/95 L�J�.h M 1409027A H - 7 City of Fort Worth September 1994 DRAWINGS TABLE OF CONTENT 1. Meacham Airport -Project Location Map......................................................................I-1 2. Meacham Airport - Vicinity Map.....................................................................................I-2 3. Meacham Airport - Site Plan......................................................................................... I-3 a 0 0 1409027A City of Fort Worth September 1994 1 1 7 7 COLLE ie.'... opus s 0 0 0 0 0 0 0 SMO RD ('E. 11 E. T ('I: E'EK 1:E. E.l:full. EAST INDUSTRIAL AVE -1 LAWSON O _ ' 3 .t• BLUE MOUND * - Pop 2 169 Ai SCALE 16401 s.: IRVING€€::r: :sr i€;::€ MICHAEE ,x ST I I "MAN sr I ', ASPER ST SELENE 5T NE 38tTH STI \In BEAUMONT 4! ST.� ter NE . 30 maw Park MAYDELL ND ST 29 Ty= a � S i j C S CI 1 06 Park 1 �/F I FIGURE 1 PROJECT LOCATION MAP MEACHAM AIRPORT HANGAR 12 N wit ENVIRONMENTAL MANAGERS, INC. CONSULTANTS 2822 W. Lancaster Ave, Fort Worth, Texas 76107 I- I C.J CJ © ® ® 0 - 0 IMO TERMINAL APRON PROJECT AREA SCALE 1"= 200' `FIGURE 2 1 VICINITY MAP MEACHAM AIRPORT ' HANGAR 12 N ENVIRONMENTAL MANAGERS, INC. CONSULTANTS 2822 W. Lancaster Ave., Fat Worth, Tens 78107 o ' SCALE: /"= 8' • FLOOR SUMP DRAINS H ROLL -UP w I/ I u r-nDDR I SECURITY - FENCE CONCRETE SIDEWALK E I 3 TRANSFORMERS ON A 3 POLE SUPPORT TOWER ►t' WASTE SOLVENT UST E REMOTE REMOVAL TUBES ASPHALT ENTRANCE ROAD CONCRETE BUILDING FLOOR ROLL -UP c GRASS CONCRETE SIDEWALK WASTE SOLVENT UST E II I I UNDERGRND. �I GAS II II II GAS METER I FIGURE 3 SITE PLAN MEACHAM AIRPORT HANGAR I2N ENVIRONMENTAL MANAGERS, INO. CONSULTANTS 2822 W. Lanes or Ave, Fat Worth, Texas 78107 SPECIAL FORMS TABLE OF CONTENTS �e 1. Special Form 4: CERTIFICATE OF WORKER'S RELEASE FORM....................................................................................J4-1 i 2. Special Form 5: TANK DISPOSAL FORM........................................................JS-1 3. Special Form 6: WASTE MATERIAL DISPOSAL FORM.............................J6-1 4. Special Form 7: BILL OF SALE AND INDEMNITY AGREEMENT..........J7-1 5. Special Form 10: UNDERGROUND STORAGE TANK SYSTEM CLOSURE CHECKLIST.................................................J10-1 i a 0 0 1409027A City f Fort Worth September 1994 Y SPECIAL FORM 4 CERTIFICATE OF WORKER'S RELEASE FORM DATE: TO: RE: (Insert Project Name and Address) ' 1. In consideration of my employment by (Contractor) in conjunction with the removal and disposal of petroleum hydrocarbon containing material and in consideration of the sum of ONE AND NO/100 ($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 hydrocarbon materials and flammable vapor work areas, and I acknowledge that I have been advised of and I understand the dangers inherent in handling a and breathing such materials, including, but not limited to, THE FACT THAT PETROLEUM VAPORS ARE AN EXPLOSION HAZARD AND CERTAIN CONSTITUENTS OF GASOLINE, DIESEL, SOLVENTS AND 1 PETROLEUM SUBSTANCES HAVE CAUSED CERTAIN FORMS OF CANCER IN LABORATORY ANIMALS. (b) I covenant and agree faithfully to take all precautions required of me. (Signature of Worker) (as acknowledgment of reading a this page one of this two-page Certificate) Page 1 of 2 pages 1409027A J4 - 1 City of Fort Worth September 1994 1 (c) I represent that I can read the English language, or that I g have had someone read this instrument to me, and that I understand the meaning of all the provisions contained herein. Signature Date: Social Security Number Signed in presence of Notary (Signature) ( Seal ) a Page 2 of 2 pages 1409027A J4 -2 Ci September 1994 ty of Fort Worth 1 1 SPECIAL FORM 5 TANK 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: (_) OTANK HAULER: aTANK SIZE: FORMER CONTENTS: TANK COMPOSITION: SITE REMOVED FROM: TANK PAINTED WITH LABEL INDICATING FORMER CONTENTS: ' TANK DESTRUCTION METHOD USED: TANK FLUSHED / SLUDGE REMOVED AS PER TWC GUIDELINES: 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 Natural Resource Conservation Commission and the Texas Department of Health. �J DISPOSAL FACILITY AUTHORIZED SIGNATURE .1 1409027A J5 - 1 City of Fort Worth 1 September 1994 J 1 SPECIAL FORM 6 WASTE 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. pPHONE: (_) HAULER: TYPE OF MATERIAL DISPOSED OF: SOIL LIQUID VOLUME OF MATERIAL RECEIVED: TYPE OF CONTAINER: ' CONTAINERS LABELLED? YES NO CERTIFIED TEST RESULTS ATTACHED: DISPOSAL METHOD USED: 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 Natural Resource Conservation Commission and the Texas Department of Health. DISPOSAL FACILITY AUTHORIZED SIGNATURE O1409027A J6 - 1 City of Fort Worth September 1994 a SPECIAL FORM 7 BILL OF SALE AND INDEMNITY AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § ' § KNOW ALL MEN BY THESE PRESENTS THAT, the City of Fort Worth, a municipality with offices at 1000 Throckmorton, 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 ' (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 of the County of and State of all of the following personal property in to wit: 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 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 been 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 day of , 19_. BY: BY: CITY OF FORT WORTH CONTRACTOR 1409027A J7- 1 City of Fort Worth September 1994 SPECIAL FORM 10 UNDERGROUND STORAGE TANK SYSTEM t CLOSURE CHECKLIST A. Project Data Project Name: Location: ' Engineer: City of Fort Worth Representative: Facility Representative: B. Contractor Data Company Name Address a Phone No. Foreman's Name ' Trained & Certified By: Tank Manufacturer& Date Trained & Certified By: Pipe Manufacturer& Date State License / Permit No. QLocal License / Permit No. Date Installation Started Date Installation Completed 1409027A J 10 - 1 City of Fort Worth September 1994 1 Contractor's Date Initials Completed ] C. Closed Tank Data Tank Product Tank Nominal Actual Tank Dimensions UL# Model Capacity Capacity (Dia X Length) (gal) (gal) O aD. Closure Preparation [] Product drained. [] Sludge removed. [ ] Excavation completed. [] Piping removed. E. Removal of Flammable Vapors [] [(Inerting) / (Purging)] completed. Method Used: [] Combustible Gas Readings taken immediately pprior to tank [(removal) /(in-place closure)]. Readings: Top: a Middle: Bottom: 1409027A J 10 - 2 City f Fort Worth September 1994 y Contractor's Date Initials m 1 [ ] Oxygen Level Readings taken immediately prior to tank removal. Readings: Top: Middle: Bottom: F. Tank Removal [ ] Tank Venting: All holes plugged; one hole plugged with a 1/8 inch vent hole. [] Tank removed and corrosion holes plugged. ' [ ] Contaminated soils encountered? [(yes) / (no)]. [ ] Tanks labelled, cleaned of sludge, retested for flammable vapors. [] Tanks transported and disposed of. [J Excavation [(backfilled) / (replaced with new UST system)]. ('] G. In-place Tank Backfilling tL! [ J Tanks backfilled with [(gravel) / (grout) / (concrete)]. H. Temporary, Closure [] Piping capped, plugged, or secured. [ ] Tank ventilation verified. [ ] Date of system closure: Form complete: Contractor Date: Form accepted: Engineer Date: 1409027A J 10 - 3 City of Fort Worth September 1994 J'U'N-10-94 FRI 15:26 PLANNING DEPARTMENT FAX N0. 8178718016 P. 02 ATALEM, INC. 306 West Broadway Avenue Mailing Address : Fort North, Texas %6104 P.O. Box 3270 817/335-1186 Fort Worth, Texas 76113 Metro/654-0443 Attention: Brian Soerner Date of Report: 05/17/94 Reported to: City of Fort Worth 1000 Throckmorton Lab ID. : 124 05/02/94 1 Fort Worth, TX 76101 Date Received: 05/02/94 Collected by: CST Identification: Meacham Tank Date Collected: 05/02/94 Arsenic, Total <0.50 mg/L EPA 6010 05/13/94 ICP-Atomic Emission Spectro- metric Method; Test Methods Fcr Evaluating Solid Waste, 314-846, Vol IA, Ed 3, 11/86. Barium, Total <0. 10 mg/L EPA 6010 05/13/94 ICP-Atomic Emission! Spectro- metric Methoda Test Methods For Evaluating Solid Waste, SW-846, Vol IA, Ed 3, 11/86. Cadmium, Total <0. 10 mg/L EPA 6010 05/13/94 ICP-Atomic Emission Spectro- metric Method; Test Methods ' For Evaluating Solid Waste, SI4-846, Vol IA, Ed 3, 11/86. Chromium, Total •0.20 mg/l. EPA 6010 05/13/94 ICP-Atomic Emission Spectro- metric Method; Test Methods For Evaluating Solid Waste, SW-846, Vol IA, Ed 3, 11/86. TALEM, INC. Distribution of Report: City of Fort Worth Per: V.Ja G. Tarter Ph.D. Director of Laboratory Services LJ K-1 1 JU14-10-94 FRI 15:27 PLANNING DEPARTMENT FAX N0, 8178718016 P. 03 TAL M. INC . 306 West Broadway Avenue Mailing Address : Fort Forth, Texas 76104 P.O. Box 3270 817/335-1186 Fort Worth , Texas 76113 Metro/654-0443 Attention: Brian Boerner Date of Report: 05/17/94 Reported to: City of Fort Worth 1000 Throckmorton Lab ID. : 124 05/02/94 1 Fort Worth, TX 76101 Date Received: 05/02/94 Collected by: CST ' Identification: Meacham Tanis Date Collected: 05/02/94 Iron, Total 980 mg/L EPA 6010 05/13/94 ICP-Atomic Emission Spectro- metric Method; Test Methods For Evaluating Solid Waste, SW-846, Vol IA, Ed- 3, 11/86. Mercury, Total <0.0020 mg/L EPA 2.45.2 j 05/13/94 AA, Hg (in watersl..(ACV Tech- nique) ; Methods For Chemical Analy of Water & Wastes , EPA 600/4-79-020, Ed 3, 03/83. Lead, Total <0.50 mg/L EPA 6010 05/13/94 ICP-Atomic Emission Spectro- metric Method; Test Methods For Evaluating Solid Waste, ' SW-846, Vol IA, Ed 3, 11186. Qualitative Organic Screen See attached ug/L GUMS QL 05/04/94 UGas Chromatography using Mass Spectrometer detector; QuaL- itative analysis for organic compounds , ad hoc method. TALEM, INC. Distribution of Report: City of Fort Worth �� Per: 4j a— s G. Tarte Ph.D. Director of Laboratory Services K-2 JUN-10-94 FRI 15:27 PLANNING DEPARTMENT FAX N0, 8178718016 P, 04 TA L EH n c_ Qualitative Organic Screen GC/HS QN Sample ID: 124 05/02/91 1 Date of Analysis : 05104194 Customer ID: Meacham Tank Detection Limit: 5.0 ug/L Sample Matrix : other Dilution Factor: 1 .0 Extraction Method: Purge & Trap nd - None Detected SURROGATES & VALUES OBTAINED ------------------------------------------------------------------------------- Compound Name Value Found 5.0 to 22 ug/L ------------------------------------------------------------------------------- Acetone Methylene Chloride a a104/MMD/268 K-3 JUN-10-94 FRI 15:28 PLANNING DEPARTMENT FAX N0, 8178718016 P, 05 To TA► L M, INC. 306 West Broadway Avenue Mailing Address: Fort North, Texas 76104 P.O. Box. 3270 817/335-1186 Fort Worth, Texas 76113 Metro/654-0443 Attention: Brian Boerner Date of Report: 05/17/94 Reported to: City of Fort north 1000 Throckmorton Lab ID. : 124 05/02/94 1 Fort Worth, TX 76101 Date Received: 05/02/94 Collected by: CST ' Identification: Meacham Tank Date Collected: 05/02/94 Selenium, Total <0.50 mg/L EPA 6010 05/13/94 ICP-Atomic Emission Spectro- metric Method; Test Methods For Evaluating Solid Waste, SW-846, Vol IA, Ed 3, 11/86. Total Petroleum Hydrocarbons 45 mg/L EPA 418. 1 05/04/94 Pet Hydrerb, Tot Recvrble, IR Spec; Meths For Chem Analy of Dater & Wastes, EPA 600/4-79- 020, Ed 3, 03%83. a Distribution of Report: TALEM, INC. ,City of Fort Worth Per: 2fim s G. Tartte,, Ph.D. Director of Laboratory Services a K-4 ® JR OM MINLJ LrwJ F i --J A: `:c.w1,t AJ.!ass..: roUilt, D .e lrafs(7 I Me a.TI - llc,O T1 Fe, 14,, A-5,cr) Be,, C, S.�b �+�� S-2-9' C.k�sj c X g2Z.G _�J1Sx w�/_J� 1 X Be z G✓ Nnw, tpilc z) ! tfos Q[n_w�i = 1A-r 14 41-q Zo\IQ FAA. g-es 1S. II itJy�c�lp{�r clk•-lo w l 6 e L/l4 *c�.+.:h� TPA} x 13br..l for Mtk►� SP a z=9y-_1�' _p :.3i:i( n ..+Y _-Sal'_ .D OJT';t:rt.e . .^-. r i C ;.. _ 1M.1 fia_nr Mnr U Cc till 1 MN.1a(1 flM I MMPl A a a cx c a 7Ml NOTES A 1409027A L- 1 City of Fort Worth NOTES 1409027A L-2 City of Fort Worth City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 04/11/95 C-14764 52EAGLE 1 of 2 SUBJECT CONTRACT WITH EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. FOR THE REMOVAL OF TWO UNDERGROUND HAZARDOUS WASTE STORAGE TANKS AT MEACHAM AIRPORT RECOMMENDATION: It is recommended that the City Council: 1 . Approve the transfer of $10,809.12 from the Hangar 12N Tank Removal project in the Aviation Improvement Project Fund to the 12N Tank Removal project in the Environmental Management Fund; and, 2. Adopt the attached appropriations ordinance increasing estimated receipts and appropriations in the Environmental Management Fund from increased revenues; and, 3. Approve the transfer of $47,252.70 from the Undesignated Disposal project to the 12N Tank Removal project within the Environmental Management Fund; and, 4. Authorize the City Manager to execute a contract with Eagle Construction and Environmental Services, Inc. for the removal of two underground hazardous waste storage tanks at Meacham Airport for a total price, using Bid Alternate A, of $52,783.47; and, 5. Authorize the City Manager to establish a 10% project contingency of $5,278.35. DISCUSSION: The Department of Aviation recently discovered two underground hazardous waste storage tanks adjacent to Hangar 12 North at Meacham Airport. These tanks have not been used for several years, and were completely unknown to either the Department of Aviation or the Department of Environmental Management. Department of Aviation staff requested that the Department of Environmental Management procure the removal of these tanks as soon as possible to facilitate potential development on the site. After public notice, the City received the following three bids on January 26, 1995 for the removal of these two tanks: Company Base Bid Alternate A Laughlin Environmental, Inc. $46,355.00 $47,655.00 Eagle Construction $51 ,448.01 $52,783.47 Gene Hill Equipment Company $93,775.00 $99,985.00 A1b Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 04/11/95 C-14764 52EAGLE 2 of 2 SUBJECT CONTRACT WITH EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. FOR THE REMOVAL OF TWO UNDERGROUND HAZARDOUS WASTE STORAGE TANKS AT MEACHAM AIRPORT The bid from Laughlin Environmental, Inc. was determined to be non-responsive because the company failed to comply with all bid requirements. Eagle Construction and Environmental Services, Inc., based on a good faith effortand committing to 10.36% DBE participation, is in compliance with the City's DBE policy. The work to be performed under this contract includes the excavation and removal of two underground storage tanks, removal of floor sump drains and piping, if necessary, and treatment/disposal of contaminated soil. Much of the cost of the proposed contract is associated with soil treatment/disposal. Since the existence of these tanks was previously unknown, staff cannot determine whether or not any hazardous waste has leaked from the tanks and caused soil contamination. If no contamination is discovered, the cost of the project will be greatly reduced. The Aviation Department will pay for all construction costs associated with removal of the two tanks. Revenue from the 50 cent Environmental Fee will be used to pay for all costs associated with treatment and disposal of contaminated soil. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon approval of above recommendations,the funds required for the contract will be available in the current operating budget, as appropriated, of the Environmental Management Fund. MG:w Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) (1)R101 472024 052095009000 $10,809.12 APPROVED Mike Groomer 6140 (2)R101 539120 052095009000 $10,809.12 CITY COUNCIL Originating Department Bead: (2)R101 472024 052095009000 $10,809.12 (3)R101 494100 52095009000 $47,252.70 (3)R101 539120 052095009000 $47,252.70 APR Mike Groomer 6140 (from) (1)GC24 538070 OSS240438180 $10,809.12 City Seeretsry of the For Additional Information (3)R W1 4U4100 1)S21)11000000 $47,252 70 City of Foci Worth,Texas (3)R101 53-121) S-1111000000 $47,-52.70 Contact: (4)R101 539121) 052095009000 $52,783.47 Mike Groomer 6140 (5)R101 539120 0520y5009000 $5,278.35 Post Printed on recycled paper