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Home My WebLink About025400 - Construction-Related - Contract - Eagle Construction and Environmental ServicesCITY SECRETARY CONTRACT NO . � 5 � �0 : �.��, � �4�_ry i r ;a�- �a' �� ;a � ,s„ x, �r �,.e=m�,��, „� � ` r1i�:,u t4 �� a��y.r. , * '` + 8 �� s � � � , '� � � �;. ��h rl<� - �z .. _ '� �� p� �� i �^�' 'I��.,� `�� r �' ' �` � ,� v..: V .�. ... .. l :Su „'-y; b :� .-. .,. . .. ., � �� .. _ �- �� , s . a � t ' is y � �� . � ' e �Ec. i t. b��,asi.:tVi"a$zC+ *� "4i�a ,�, � �' ".`k :1 , :.�� : 3, '�• .. �'� S" . � :?`'��"k .;��>`.� ° �`�.h.�. ".'f�...�. ;, ��""` .� ,. ,e .. ., LL�`�l 1 . y , . � v � �,,�� ,�� -��_� ,� i r�st ��^ Ir,� �� _< �, �, _ - � �. . � , � „ ; ,t �� ' , � B E:TV1/ E`E N : .�ITY OF FC�RT �'VORTH AND EAGLE�CONSTRUCTI�N � ENVIRC7NM�NTAL SERVIGES, I NC. �.t a�. . ^ d Y'' , i�.�_:� "��' ,=m ..�;, •�.� ..t .�. :ir.VV � � � t - - - . �4 " .. x s , .' t x� � � � � � Y- . "� tx � . �� 4_`� �yy�^�� z� � J� 3� � 2 ,-. '�"� � .. . .. s � . : i j � ; .� .y r'" �d� � } j �� ,Y' ` 3 .. _.-x f > � '.� . . j§ � 2 �� a `�k��{$�4 R� ..,� �,,,�� :jd��i,�.p x �p,� +� ( Rs� �.� �.,�i,y� .. 1 �°. �' m �"x � �f � ,�u.L3 F..A i i; h �.�� . � a j �.;..< �4.��..,,.�r� � o� Sh�.�F'"r _�, �,�} e� � ��.�.`�.�-� Fr" .�r ' C� * �&Y �,`� � � �:'� ._ . - ,-. —» _., s� q _ . . �r . __. .�... . .. - •r.. � � _ , . . . , . , � , �. : . . i '�ai,�i�; � . s : ... > p, i'��}�. �� f'6��j��T # �EIV0�99-03:R5�UST �� ' F(7 6� REMOVA►L C�F F6VE IJNI�E��l��JUND S�l��RAGE TA�1KS _r�, ,�,� � �,�, ��,. � � , „ _ _. .� _. .. . , � � „ �� a _a. _ _ _: � � F :� '� 4 fr�"' '�.4itri '� � i; `s r, ., . i ,y. t� �- . .a� P`y�"„�� r r"�-FRo ; h �, oy _ M� ..:,�� t',, � a � rF' 4�� . �, �� }i�� " Y � �� F � a,. (' ,l�' �-��i1 �..�� ; �.F ,�a � � i � ��u ��° ��£ aIIC'�' u�'��a� , ,a r ;�{r „f�y�� . �, a >��`� ,��,�� u , a' ,r;� u� ��, � � � �� . �� , � �'` � � �� . , � �T , :, ��_ a � ��,� �» � � � � � i� -� � ,� �� » �. . , _ : � � � , ,: � �� .�;.��> >ip � ;:,�' �� '� � � �� .�� , ;�., .�= a� �� , .. ,, :: :� � NOV�MI��ft 5, �999 _ �a�Jl�, ,��.�, ��; _ .�� :��' � _ - „ . r.a� ' Y+ _ �" . . _ '-x`c" J �l � • CONTRACT FOR THE REMOVAL OF FIVE UNDERGROUND S70RAGE TANKS BETWEEN THE CITY OF FORT WORTH AND EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, INC. CI � � L�J �J I� L■J � � � �■I � L� u C THIS Contract is entered into by and between the City of Fort Worth, Texas, a home-rule municipa(ity locafed within Tarrant County, Texas, ("City")� acting through Charles Boswell, its duly authorized assistant �ity manager, and Eagle Construct�on & Environmental Services Inc.], a Texas corporation, acting through Marc Walraven �its duly authorized vice president ("Contractor"). WHEREAS, the City desires to conduct a project to remove four underground storage tanks at Meacham International Air�ort and one underground storage tank at the Communications Building located at 1519 11` Ave.; and , -': WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in removing underground storage tanks; and WHEREAS, the Confractor has represented that it is staffed with personnel knowledgeable and experienced in conducting such removal of underground storage tanks; WITNESSETH: , NOW, THEREFORE, in consideration of the mutual pror�iises and benefits of this Contract, the City and the Contractor agree as follows: 1. n„ DEFINITfONS ,' In this contract, the following words and phrases shall be�defined as follows; Citv's Representative means the Director of Environmen�a! Management, or his designee. � Contract Documents means the Proposal Documents, P�oject Drawings, Specifications, and this contract. Deliverable Document means a report, photograph, or an invoice that shows the completion of one of the work tasks and/or subtasks. °" Environmental Damaaes shall mean afl claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ult�mately defeated, and of any good faith settlement of judgment, of whatever kind or nature;� contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including witfiout limitation reasonable attorney's fees and disbursements and consultant's fees, any of which "are incurred as a result of the existence of a violation of environmental requirements pertaining to the soil removal project and including without limitation: a. Damages for personal injury and death, or injuryhto property or natural resources; � �J I•I ■J � I�I b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells resulting from any violation of environmental requirements including,� but not limited to, the preparation of any feasibility studies or reports of the pertorr�ance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmentaf agency or po(itical subdivision, or otherwise expended in connecfion with the existence of such monitoring wells or viofations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and {� � c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. � LJ !� � �� Environmental reauirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, arid similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all app(icable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surtace water, groundwater, storm water, or land, or relating to the manufacture, processin�q, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, �ontaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and � b. All requirements pertaining to the proteciion of the hea(th and safety of employees or the pub(ic. � I�I Notice to Proceed means the letter issued by the City that authorizes Contractor to begin work. It also authorizes future invoices to be paid. Proposal Documents means Part 3 of the Request For Proposal and all ancillary documents required to be submitted with the proposal. Subcontract means a contract between the Contractor;for this project and another person or � company for any complete task defined in the scope of work. A purchase order is also considered a subcontract. � 2. SCOPE OF CONTRACTOR'S SERVICES �� A. Contractor shall furnish ap labor, materials and equipment necessary to remove five a underground storage tanks at two different sites listed in this contract and those identified in the City's request for bids dated August 12, 1999. Contractor agrees to � Contract for the Removal of Underground Storage 7anks Page 2 L�J � ��'I � I!I L�J u � �1 C� perForm this contract in the manner that Contractor responded to City's request for bids. Contractor's response was received by City on .September 9, 1999 and is attached hereto as Exhibit "A" and is hereby incorporateda;into this contract as if fully set forth herein. Contractor agrees to furnish all labor, eqt�ipment and materials to remove five underground storage tanks and associated piping, proper handling and disposal of tanks' contents and miscellaneous debris associated with the removal operations, backfill and compact the tankhofds and replace the top cover at each (ocaiion and to provide required documentation to State and local o�cials,. Four underground storage tanks are located at Meacham Airport (near former Hanger 12N), 4201 N. Main Street and one underground storage tank is located at the Communications Building, 1599 91�'' Avenue. Meacham contains three approximately 9,000 gallon underground storage tanks (approximately 96 inches in diameter and 24 feet long) and one approximately 4, 000 gallon underground storage tank (approximately 72 inches in diameter and 20 feet long). The foCmer contents of the Meacham Airport tanks are unknown but assumed to be a petroleum product and the underground storage tanks contents account for approximately less than 50% of the total underground storage tanks capacity. The Meacham underground storage tanks are located within 3 separate tankholds: two 9,000 gallon together, one 9,000 ga(lon alone, and one 4,000 gallon alone. Any slab hold downs encountered shalla be removed and disposed. The top cover shall be remoVed and disposed. The to� cover shall be replaced for the entire work area (estimated to be approximately 2,500 square feet plus or minus 15%) and consist of at least four inches of quality concrete overlain with asphalt to level the area. a The Communication Building contains one approximately 1,000 gallon underground storage tank that is full of Diesel fuel. Any �lab hold-downs encountered shall be removed and disposed. The top cover shall be replaced with hydromulch (e.g. grass) or �'j grass sod in a manner that ensures no bare patc�es greater than six inches in diameter U following growth � � � Ll � L�J L�I B. Contractor agrees to be responsible for the sampling (as necessary), proper removal and disposal of all fluids from all five underground storage tanks prior to removal. Additionally, the Contractor agrees to collect con�rmation soil samples and groundwater samples (if encountered) in accordance with tank removal protocol. C. Contractor agrees to meet with City Project Man�ger before commencing work. - ,. D. � All of the tasks required to complete the under�`round storage tank removal are shown on the Project Schedule and on the Progress Payments Schedule as negotiated with the City and incorporated into the final Specifications that will be issued with the Notice io Proceed. E. Contractor agrees to perform the work in acco�dance with the Final Specifications and Project Schedule, and further agrees to provide the City with an update of the Project Schedule each month showing the planned work and work accomplished to date. F. Contractor certifies that it has and will maintain during the term of this Contract, current and appropriate federal, state, and local licenses and permits to remove underground Contract for the Remova! ,' Page 3 of Underground Storage Tanks I� � �� a G. �J 3. -� SCOPE OF CITY SERVICES � The City agrees to perform the following services: � IJ IJ � 5. INDEPENDENT CONTRACTOR D � The City agrees to hire Contractor as an independent coritractor, and not as an officer, servant, or employee of the City. Contractor shall have the excl�sive right to control the details of the a work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agenfs, employees, and subcontractors. Nothing herewith shafl be construed as creafing a partnership or joint venture between the City and Contractor, its � officers, agents, employees, and subcontractors; and the' doctrine of respondent superior has no application as between the City and Contractor. � A. � B. � � � A. Designate a City representative to provide timely direction to the Contractor and render City decisions. B. Coordinate with facilities, City departments, and anjr tenants for access to the site. 4. TIME TO START AND TO COMPLETE THE PROJECT Contractor agrees to begin work on the project within thirt� days from the date of the Notice to Proceed, and to complete all phases of the work within eighty-four days from the date of the Notice to Proceed. storage tanks as required by 'the contract, as well a� maintaining current insurance as is required by Section 8 of this contract. . All contract documents are hereby incorporated into and made a part of this Contract. � 6. COMPENSATION The City and Contractor agree that the total cost of this contract shall not exceed $29,643. : The City will not be liable for any Contractor �costs in excess in the Not-to-Exceed amount unless fhe City has signed and issued a formal Modification to the contract. C. Contractor will provide the City with monthly updates of the Schedule of Payments showing the costs incurred for each task and„the amount remaining in the contract account. "Costs incurred for each task" shall ainclude unit and total prices for labor, equipment, material, utilities, and purchased�F services. In the event that actual expenditures may result in a total cost in excess of the Not-to-Exceed Amount, Contractor must submit a Modification to the contract in accordance with Section 13 below. � Contract for the Removal of Underground Storage Tanks Page 4 � � � � D, � E. � F. Q ��J LJ � � � City will make Progress Payments to Contractor�only, after completion of those tasks and/or subtasks identified on the Project Schedule:� Progress Payments will be made during the project no less often than once per month. The City agrees to pay Contractor within thirty (30) �days after receipt of co'rrect invoices, updated Schedules of Payment and the Deliverable Document for each task completed. 7. � LIQUIDATED DAMAGES If Contractor fails to commence and complete work under this Contract within the stipulated time, there shall be deducted from any moneys due or owing .Contractor, or which may become due, the sum of $ 100.00 per day for each day after the date the project was to be completed, until the project is substantially completed. Such sum shall be treated as liquidated damages and not as a penalty, and City may withhold from Contractor's compensation such sums as fiquidated damages. The amount of damage to City for defay in completion of the work is difficult to ascertain and the amount of the liquidated damages per day as stated above is reasonably anticipated pecuniary damages for such delay, and is not a penalty. 8. 1NSURANCE REQUIREMENTS Contractor certifies that it has and will maintain during;the term of this Contract, at least the following insurance covering the services to be performed: � A. General Liabilitv Insurance -$1,000,000 minimum per occurrence combined single limit for bodily injury and property damage. ��i u �'1 � I� �l B. Automobile Liabilitv Insurance -$1,000,000 per=� occurrence combined single limit for bodily injury and property damage. This policy sfiall include pollution coverage; that is, it shall not have the pollution exclusion. Plus the pblicy shall cover loading, unloading and transporting materials collected under this contract. C. Worker's Compensation — Statutory limits for Worker's Compensation plus employer's liability at a minimum of $500,000 each accident; $500,000 disease — policy limit; and $500,000 disease — each employee. { D. Environmental Impairment Liabilitv (EIL) and/dr Pollution Liabilitv -$1,000,000 per occurrence, EIL coverage(s) musi be included in policies listed in items A and B above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract project shalf be included under the Automobile Liability insurance or other policy(s). � NOTE: BETWEEN A AND D ABOVE, ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIA�ILITY, ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT � Contract for the Removal Page 5 of Underground Storage Tanks '� � . �� , E � � � � SHALL BE COVERED; IN ADDITION ,�TO SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION LIABIL�TY FOR GRADUAL EMISIONS AND CLEAN-UP COSTS SHALL BE COVERED: F The following sha(I pertain to all appficabie po(icies of insurance' (isfed above: Additional Insured 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." An equivalent clause may be acceptable in the discretion of the City of Fort Worth. 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage�;and, in the latter case, documentation of coverage shall be submitted to the Coritractor prior to the commencement of work and the Contractor shall deliver such to the City. 3. Prior to commencing work under the contract, the Contractor shall deliver to the a City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. , � 4. Each insurance policy required by this contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non- renewed until after thirty (30) days prior written notice has been given to the Q Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." � 5. The insurers for afl policies musf be approved to do business in the State of Texas and be currently rated in terms of financial strength and soivency to the satisfaction of the Director of Risk Management for the City of Fort Worth. � �`l �� J I L�] � 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of t�ie City of Fort Worth; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved, 9. INDEMNIFICATION A. General Indemnification: CONTRACTOR DOE� HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARIVILESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LiABILITY, CLAIMS, SUITS DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR . PERSONAL INJURY, AND/OR DEATH O�CURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CC1N" TRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT � Contract for the Removal of Underground Storage Tanks Page 6 � L�I J J � l!J 'J � LJ � l■1 NEGl.IGENCE OF CONTRACTOR, ITS AGENTS, OR EMPL.OYEES, AND ANY OTHER PERSON OR.ENTITY. � B. Environmental Indemnification: � CONTRACTOR DOES HEREBY RELEASE INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTlON, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, SOIL OR WASTE WHICH IS REMOVED UNDER THIS CONTRACT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF CONTRAC70R, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, " OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. The obligations of the Contractor under this paragraph shall include, but not be limited to, the burden and expen�e of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by the indemnified parties), even if such claims, suits or proceedings are groundfess, fa(se, or fraudulent, and in conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. � D. Upon learning of a claim, lawsuit, or other liability�v�rhich Contractor is required hereunder to indemnify, the City shall provide Contractor with reasonably timely notice of same. � �!J L�J � � L�J E. The obligations of the Contractor under this paragraph shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. • F. � In all of its contracts with subcontractors for tfie perFormance of any work under this Contract, Contractor shall require the subcontra�tors to indemnify the City in a manner consistent with this paragraph. G. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all;work on the project has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of thirty (30) days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved. 1. If the claim concerned remains unsettle�, at the expiration of the said thirty-day period, the Contractor may be deemed �y the City Manager to be entitled to a a Contract for the Removal of Underground Storage Tanks Page 7 � l�l � � LJ l�l � � L■J I�l � semi-final payment for work completed, such semi-final payment to be in an amount equal to the fot�l dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the perFormance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six months following .the � date of the acceptance of the work performed unless' the Contractor submits evidence in writing, satisfactory to the City Manager, that: a. � The claim has been settled and a release has been obtained from the claimant involved; or Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six-month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six-month period, the City Manager� may recommend that final payrr,�ent to Contractor be made. At the expiration of the six-month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. 10 � WARRANTY {; , Contractor warrants that it understands the currently known hazards and suspected hazards 0 which are presented to persons, property and the environment by the removal and transportation of underground storage tanks. Contractor further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted p practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. l�l � L�J � � 11. BONDS A. Contractor shall be required to give the City surety in a sum equal to the amount of the contract. Contractor shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amou�t of the contract. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requiremen�s of Article 5160 of the Revised Civil Statutes of Texas, as amended. ° B. In order for a sur�ty to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond Contract for the Removal � of Underground Storage Tanks Page 8 L�J � L+�J � Isl L�J u I�I � � �' u i� u u I�I � shall not exceed the amount shown on the Treasury list or one-tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. , C. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the City. r � D. A Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. A Performance Bond shall be executed, in the amount of the contract, and conditioned on the faithful performance of the work in accordance with the Contract Documents. Said bond shall solely be for the protection of the C�ty of Fort Wortti. 12. DEFAULT AND TERMINATION A. Contractor shall not be deemed to be in default b�cause of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. '. ' B. If the failure to perform is caused by the failure'of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. ' C. If Contractor fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this contract, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Contractor a written itemized statement of the total excess costs, and Contractor shall reimburse City for such excess costs without delay. D. Alternatively, if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to cor'rect such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract. All costs and attorneys fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. a E. City may terminate this Contract with or without cause upon thirty (30) days prior written notice to Contractor, provided that such termin�tion shall be without prejudice to any Contract for the Removal Qof Underground Storage Tanks Page 9 � � � � � F � l�l I�l I�I � C' CI u L�J I�I l■J 13 . MODIFICATION No modification of this Contract shall be binding on Contractor or the City unless set out in writing and signed by both parties. Modifications shall ��be in the same format as the final specification showing the change or addition of a task, project schedule, deliverable document(s), and schedule of payments. 14. RIGHT TO AUDIT City and Contractor agree that, until the expiration of three (3) years after the final payment under this Contract, the City shall 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. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall;F until the expiration of three (3) years after final payment under the subcontr�ct, have access to papers and records of � such subcontractor involving transactions relating to the subcontract the term "subcontract" as used herein includes purchase orders. � other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. The remedies provided herein are in addition to �ny other remedies available to City elsewhere in this contract. ' . 15. � MINORITY AND WOMEN BUSINESS ENTERPRISES Contractor has committed to ten percent for Minority/Women Business Enterprise participation on the contract. 16. NON-DiSCRIMINATION A. During the performance of this contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. D B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. L+�.I Contract for the Removal � of Underground Storage Tanks Page 10 � � � � � � Itl IJ I�I �J ['� LI � � IfJ LJ I�l � I� C. Notices, advertisements, and solicitations placed in,aaccordance with federal law, rule or regulation shall be deemed sufficient for the purpos� of ineeting the requirements of this section. . 17. GOVERNING LAW ` The City and Contractor agree that the validity and coF�struction of this contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 18. SEVERABILITY i' The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract,, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. , 19. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way irnpair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bouhd. 10. VENUE Venue of any suit or cause of action under this Contract shall lie in Tarrant County, Texas. 21. NOTICES Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Brian Boerner, Direcior, Department of Environmental Management City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102-6311 If to the Confiractor: Contract for the Removal of Underground Storage Tanks Marc Walraven Eagle Construction � Environmental Services, Inc. Page 11 I�I � � This contract, the contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 22. ENTIRETY � � 23. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. �"' Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. � � IN WITNESS TH��t�OF, the City of�Worth and Contractor have executed this contract in triplicate on this ��'� t�day of�� , 1999. CITY OF FORT WORTH � ii L �' � Charles Boswe� Assistant City Manager ATTEST: � ', 2 �� Gloria earson , City Secretary P.O. Box 872 Eastland, Texas 76448 EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. SIGN =--��'`'�, MERE Name: Title: Marc W. Walraven Vice President WITNESS:/1 ,��,�-e� SIG��-�� L� � ..,, � _ APPROVED AS TO FORM AND GALITY: Cy�tthia �rarcia Assistant City Attorney Contract for the Removal of Underground Storage Tanks /vv� ��PORq� C, C `� J�H L� a� 9�985 _ �'X ASi SIGN � N E R E --.-- � � L� � ��::r�ct Authorization lo �c� - �� .,_�1 L `*+ � � •�� Page 12 � `r L 0 O a � � � � 0 � D � � � � � � a � Bond Number: NSU 17 216 81 Premium: PERFORMANCE BOND (Required if contract amount exceeds $25,000) THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, Eagle Construction & Environmental S�ervices, a corporation of Tx , hereinafter called Principal, and Reliance National Indemnity , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation, organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: 3' Twenty-nine thousand six hundred fortv-three dollars and no/cents (�29,643� Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, �rmly by these presents. �� THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 8 th day of Nov . , A.D. �99, a copy of which is hereto attached and made of part thereof, for: t Removal of Four Underground Storage Tanks at Meacham International Airport and One Underground Storage Tank at 1519 11te Avenue. Designated as Project: # DEM99-03R5UST a copy of which agreement is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein; such project being hereiriafter referred to as the "work." NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and agreement documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, ar�d if he shall satisfy all claims and demands incurred under such contract, and shatt fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner alt outiay and expense which the ,.- o�� a 0 � � � � � O 0� a 0 a � � a � � a nity ^ Owner may incur in making good any default,•.then this obligation shall be void; otherwise to remain in full force �and effect. ' PROVIDED FURTHER, that if any legal action be filed upon this 6ond, venue shall lie in Tarrant Coanty, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension o�f time, alteration or addition to the terms of the agreement or to the work to `be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. 'k IN WITNESS WHEREOF, this instrument is executed in three counterparts each one of which shall be deemed an original, this the 8th day of November , A.D. `�• Eagle Construction & Environmental Services, T'nc. PRINCIPAL BY: ��Cr.iG�%--- Marc W. Walraven Vice President P.O. Box 872, Eastland, TX 76448 �� M (Address) Re Sur BY ATTEST: /�i�*I ��''� (Principalx C . I�a.rry _, st�� /rreasurer ,,� 19g� �`�b� �FXAS AL) ATTEST: Richard L. Rossander ' � (Surety) Secretary P.O. Box 351, Eastland, TX 76448 ' (Address r . . ... . _ . .,'�"��t �.xl-y.��"�i��c!r�� R'��,�� `•1 '. � E • � . . �., . RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY . UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEM1vITY COMPANY ADMINISTRATIYE OFFICE, PHILADELPHIA, PENNSYLVANIA i�i „ ,, •_ . POWER OF ATTORr1EY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duty organized under the laws of the Commo�wealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Richa�d L. Rassander, Mike Perry., of Eastland, Texas their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act end deed any snd ell bond� and undertakinqs of su�etyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed a�d attested by one other ot such officers, and hereby ratifies and confirms all that their said Attorney(s1-in-Fact may do in pursuance hereof. This Power of Attomey is grantad under and by the authority of Article VII of the By-Laws of RELIANCE SURETY GOMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading es follows: ARTICLE VII - EXECUTION OP BONOS AND UNDERTAKINGS 1. The Board of Directon, tM President, the Ch�irm�n of the Boad, any S�niw Yes Praidant, riy Yu Praident a Aaist�nt Vw Preaident or other officer desipn�ted by the Boxd of Directort shNl have power �nd authority to (�1 appoint Attorneyls)•irrF�et �nd to authoriz� tham to axeeute on bshalf of tM Canp�ny, bond� �nd urdort�kinps, rocoqnixa�cp, contr�cta of indemnity �rd otMr writinp� oblipatory in the natu�e thereof, and (b) to remove �ny such Attwneybl-inF�ct �t any time and revdcs the power �nd �utho�ity piven to them. II \ 2. Attorney(al•irrFact sh�ll hwa power and authmity, tubjeat to the terms �nd limitatiorw of the Power of Attorney iqued to them, to axecute deliver on behalf of the Company, bonda end undert�kirqe, rocopnizances, conV�cts of indemnity �nd other w�itirqs oblip�tory in tha n�turs the�eof. The corporate ud is not necepny for the vslidity of any bonds �nd uMertekirqa, recopniz�ncea, contncn of irxlemnity wW other writinp� oblip�tory in the natwe [hereof. 3. Atto�neylsl•irrF�ct ehNl hwe power and authority to execute aftid�vita required to be �tUched to bonda, rocoQnizsnces, contracts of indemnity or othe� corditional or obliQacory undertdcirqa �nd they ahall also h�ve power vW authoriry to certify the financial sutement of the Comp�ny and to copiet of the By-Laws of tM Company or any arucle or aection thereot. Thia Power of Attorney ia aipned �nd xaled by facaimile under end by euthority of the followinp reeolution adopted by the Executive �nd Fin�nce Committeea of the Bo�rda of Di�ecton ot Reliance �row�nce Comp�ny, United P�cific Irounnce Company and Reliance N�tional Indemnity Company by Un�nimow Cor»ent d�ted p of Feb�wry 28, 1994 arxf by the Executive �rd FinanaN Committee of the Boxd ot Diroctort of Reli�nce Swety Comp�ny by Unanimow Corwnt dated r of Mach 31, 1994. 'flesolved that the aipnatures of such directora and officen �nd the xal of the Comp�ny m�y be affixed to a�y such Power of Attorney or eny certificetea rel�Gnp the�eto by facaimile,end eny euch Power of Attorney or certificate beairq such fapimile sipn�t�ros or hpimile ser ahall be vdid and bindinp upon the Comp�ny ard any auch Power so executed �nd certified by fenimile aipnatures and facaimile xal shall be wlid and bindinp upon the Company, in the future with rapect to any bond or undertekirq to which it is attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this Februa�y 8, 1999. � F ye u� p�pR.�?*�.4 � o � U S��' � �6 iH' Q,tr 6eur+�'' STATE OF Pennsylvania COUNTY OF Philadelphia ��, � �` �l �r . � SS. �►ir �� . ��', !_ �'�y� • � �� 7aa.� P� ��V .�r*.a.,, +•,, r f'?SE��, Y * i�'0 Z i *�� C O�� 1 �._.... �* Y . RELIANCE SUREI'Y COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNiTY COMPANY �� 1,�� , f K��'�"'�-- On this, February 8, 1999, before me, Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose thereiri contained by signing the name of the corporetion by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. w 'i No'arial Seal �"O"w�, �,1 , �, ; .�.__��J V2lencia WaRham. Notary Public u�_ �; � C L� V'�� Philadelphfa. Philadelphia Courrty My Commission �xpires Nov. 18, 2000 ' �Mn,v� Notary Public in and for the State of Pennsylvania Residing at Philadelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this $ da of November 1999 — , -� , W(f1..� �" ` i / i , � �� JPii � ��y^�r��` Secretary " b yc� �w�� ``� ��1 ��, ;P/�,�0�� PQ��*r �` �� t� i � Q�.r w � 4 ,�(:' 2 � � ' S�'J��. �i �(� 100 t.� �f♦ ; 5 � \ " 1 -1 �� .lj\�Co!!.*' C�� P ��, 112�� Y . i Ipilq��,�i P ii�� _ � 'JEL �� ti � ,a', � `h:...�.�'" I� li i i �i,, � . _ � �� .:�,�i i��l6��li ,�.r,d� � � � _ � � � � � � C� � l�J a L�J � L � i� L■J L�J Bond Number: NSU 1721681 Premium: PAYMENT BOI�JD THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, Eagle Construction & Environmental S�rvices, a corporation of the State of Texas , hereinafter called Principal, and Reliance National Inde�pnity a corporation organized and existing under the laws of the State of Texa s and fully authorized to� transact �usiness in the Stat�'of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation, organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: , Twenty-nine thousand six hundred fortv-three and no/cents ($29,643) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, tirmly by these presents. '� THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with tlie City of Fort Worth, the Owner, dated the 8 th day of Nov . , A.D. 1999, a copy of which is hereto attached and made of part thereof, for: � Removal of Four Underground Storage Tanks at Meaci�am International Airport and One Underground Storage Tank at 1519 11"�;Avenue. 0 Designated as Project: # DEM99-03RUST a�copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein; such project being hereinafter referred to as the "work." L�■1 �J LJ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, a�nd if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from al! costs and damages which it may suffer by reason of faiture to do r � � CI'' � a so, and shall reimburse and repay the Owner 'all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. � � lJ l�l ��J l�J �' LJ � � � �I� �I � � PROVIDED FURTHER, that if any legal action be �led upon this bond, venue shall lie in Tarrant County, State of Texas. � AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in three counterparts each one of which shall be deemed an original, this the 8 thday of Novembe r , A.D. 1`�• Eagle Construction & Environmental Services, Inc. PRINCIPAL { ATTEST: BY: � Marc W. Walraven Vice President N, (Principal _� � �_Q_ Rnx R77_ Rac+l�n�g 76448 {� (Address) t Reliance National demnity Surety BY � � Attorney-in-fact) Richard L. Rossander P.O. Box 351, Eastland, TX 76448 (Address ,^ v v -� +r o S�/��. � ( y� �� ) � (Witness as to Principal) ATTEST: �k '(Surety) Secretary r L�J F� .. , �. � . . . .. -, . �.�:�,�' �k�`%�s��s <_;`i'��:y'e:,i �e"`{"'f��:;�2 MT' ' .. . . . � . .. .. i�h�_:��-._r�-'� _x_�-+�- ' R�r.LIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY u��.��,,i PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNTTY COMPANY ADMINISTRATIVE OFFICE, PHIIADELPHIA, PENNSYLVANIA Il,i � iI i I� - �!:'.i;Ul POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporetion duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, ara corporations duly organi2ed under the laws of the Commonwealth ot Pannsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") end thet the Companies by virtue of signature and seals do hereby make, constitute and appoint Richard L. Rossander, Mike Perry., of Eastland, T�xas their true and lawful Attorneyls)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and dead any e�d sll bonds and undertakinQs of �urety�hip and to birtd the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which proviaions are now in full force and effect, reading as follows: ARTICLE VII • EXECUTION OF BONDS AND UNDERTAKINGS � 1. The BoMd of Diroetas, tM President, the ChMrman of the Boud, any Sertiw Vq President, �ny Va Prmident a AssistaM �ee Presidant w other officar desipmted by the Board of Diroeton �hNl hwe power �nd wthaity to la) �ppoint Attorneyhl•irNF�ct and to wthwize them to axee�t� on beh�lf of tM Comp�ny, bonds wd undertMti�ps, recopniz�nca, contracts of indemnlry �rd other writinp� oblipatory in the n�turs thereof, and (b1 to remove �ny such Attwney(tl-in�F�ct �t �ny time �nd .evoke the powa and �uthority piven to them. 2. Attaneyl�l-irrFaet shall have power xd wthority, aubject to the rorms uxl limit�tion of tF� Power of Attorney ipued to them, to execute delfver on CehNf of the Company, bonds and undert�kirq�, ,. . eontraeta of indemniry �rx! other writirq� oblip�tory in the n�ture thereoL Tha torpwate �eM is not neeess�ry fw the v�lidity ot �ny bonda ��tl undertak�nps, rocopnizmcea, contncb of irxlemrrty �nd other writirqa oblip�tory in the natu�e thereof. 3. Atto�neyls)-irrF�ct ah�ll have power and authority ro execute affidavits required to be attaehed ta bonds, rocopnixancea, eont��cta of indemroty or othe� conditional or obliQatory undertakirqs �nd they ahall dso hwe power uid �uthority to certify the fin�ncial a[atement ot the Comp�ny �rd to copies of the By-Laws of tM Company or sny uticle or aection theraof. Thia Power of Attmney it aiQrad �nd se�led by f�aimile unde� �nd by suthority of the followirp resolution �dopted by the Executive and Fin�nca Committaes of the 8wrds of Directon of Reliance Insur�nes ComO�Y. United Pacifie Irounnce Company �nd fleliance N�tionM IrxJemrnty Comp�ny by Unarimow Corrent d�ted r of februuy 28, 1884 �nd by the Execueive �nd Financid Committea of tM Bo�rd of Directon of Relianca Su�ety Company by Un�nimow Corrent dated �s of March 31, 7 994. 'Reaolved thn the sipnature� of such directon and officen ud the xN of the Comp�ny m�y be �ffixed to �ny such Power of Attorney or any certifiutes relatirq theroto by faesimile,a�d any auch Power of Attorney or eertificate bearinp euch f�esimile dp��turea w faesimile seM sh�ll be valid ud bindirq upon the Company and eny euch Powa ao executed end certified by facaimile aipnatures and feceimila xal ahall be vdid HxJ birdirq upon the Compsny, in the futu�e with respeet to my bord or underukinp to which it ia attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 8, 1999. � R ''e � z UPv��r'�r 0 a 5�" � � yb rM� Pa et,r�'' � STATE OF Penns vania I � � COUNTY OF Philadelphia ��.wW"""a i d �►sn� . T� `'� �P+��' • r �• �.� � ` �L = r % � �n�..P � Y! . ��N�� ss. �►,�.'�"..°�� "P/ �0�1 4�1 ' (`'�SE�1.� . � �`t ��a t1e : c��o+s.,� '>y�\._.. ,c a RELIANCE SU1tECY COMPANY RELIANCE INSURANCE COMPANY UNTTED PACIFIC INSURANCE COMPANY RELIANCE NATIO�+NAL WDEMNITY COMPANY �� l��i��!"� � �I�"7�r""""" On this, February @, 1999, before me, Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surery Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Compa�y and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contai�ed by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. No1arial Seal V� lencia Wortham. Notary Public Philadetphia, Philadelphia Courrty My Comm�ssion �xpires Nov. 18, 2000 W �ONw� ��-�-- v �F i l�l.W I t t�l�_� �v `-7 �(.a-NY`�—i �v►� Notary Public in and for the State of Pennsylvania Residing at Philadelphia I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above a�d foregoi�g is a true and correct copy of the Power of Attorney executed by said Companies, which is still i� full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this 8thie otNovemb�r 1999 — . � -- � �� s �.:�, ,�,;��, Secretary f: . rI ��f,'�M��` 6 yc �� `� �.� ,4, ;P/�.oej,'�; �v a r ` . T �SE � V OP �+ ��4 .� � �� n a i��. � i u 2 !,� I fi � SE,AL i �(�tto9 r.�+ � gr� < , ,\ , , -� 3, ., ;,�o�' :� 'd �..' � ` � '�.1rt '>�i,' :' *� �FIAV��'P � �-'\ •...�• � �•r..�•,' . . I� a 2.0 �� I��I U I■I I■ 1 � � � �,I 11 � L�J L�l u � �. BID DOCUMENTS 2.1 BID DOCUMENT CHECK LIST � � All Bid Documents, including this Check List, must be com�ileted in full and submitted in a sealed envelope, in the order requested, in order to be considered as a responsive submittal. Bid Documents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. BID DOCUMENT CHECK LIST �; ACKNOWLEDGE REQUEST FOR BID ADDENDA MINORITY and WOMEN BUSINESS ENTERPRISES BONDS BID SUMMARY PROJECT SCHEDULE SCHEDULE OF PAYMENTS EXPERIENCE RECORD LIST OF SUBCONTRACTORS ' WAGE RATES VENDOR'S COMPLIANCE TO STATE LAW INSURANCE CERTIFICATES � CONTRACTOR'S LICENSES & CERTIFICATES CONTRACTOR'S LEGAL & COMPLIANCE HISTORY HEALTH & SAFETY PROGRAM MANUALS Initial if Included /�1,��(,c� /�ll�Jt,� ��1� .2./C� yl� ��tcvt� �l�/�� I�— �'�1GGf.�/ ��W� ,N1 U�l/1i� �� L1 u/�r% �/J U/U% � ��v I understand that all of these items are required for my bid to be considered re ponsive. �2� "y��' �� , Name • a" Vice President Title �: . Eas1e Construction & Environmental, S'erv., Inc Company ,• 2-1 L�J � I '� � � � � � � � � a � � � � � � � � 2.2 ACKNOWLEDGEMENT OF RECEIP7 OF REOUE�T FOR BID ADDENDA 2.2.1 Check if appiicable ✓ The undersigned acknowledges the receipt of the ,following addenda to the Request for Bid, and has attached all addenda following this pa�e. (Add lines if necessary). Addendum Number 1 9/3/99 (date received) . Addendum Number 2 Addendum Number 3 (date received) . (date received) 2.2.2 Check if applicable The undersigned acknowledges the receipt of no addenda to the Request for Bid. � CONTRACTOR: Eagle Construction & Environmental Services, Inc. Company Name P.O. Box 872 Address Eastlan�l. T�Xaih44R City, State, Zip BY: Marc W�alrave� (print or type name of signatory) i�' �� (Signature) Vi fi ,.Title (print or type) 2-2 � aSEP—.03-99 11:42 FROM:C PTW ENV � 0 �' � �!J u I, MCMT DEPT I�=6179716359 Fa T o TH �. � . .�.___ �� _.�_ DATE: September 3, 1999 FROM: Michael Gange 8� 7-871-$592 Pages: 8 SUBJECT: Addencfum #01 fo Projeet DEM99-�{�3:R5UST — Removal of five underground storage tanks for the City of Fork��lNort� z. • � NAME � Ty McKee Clyde Hadley Bob Arnold � john Hot[oway Marsha[t Ryan a Dave Mayes Bud Martin � Robert Nelt � Cecit Greer Ri�k Smith � john Hughes Tana Riva james Kendrick � Bi11 Favor Howard Maynard � J u �OMPANY 600ts & Coots . Creaiive 4 Constructio°n Environmeniaf-Managers, lnc. Holloway Welding Co. Unified Services of Texas Terr�-Mar Environmental Manag�rs, inc. Hui�her Services, Ine.�� 7CM Contractors Triven�a.[, Inc. Arkcraff SECOR Dames & Moore , Laughlin Environment�l, Inc. Eagle Constructian & Env. Svcs. FAX 8� 7-595-7646 940-552-657� 8� 7-877-4854 9i2-562-5E133 8 rt 7-48& 1729 972-488-8080 S17-S77-4854 94a�s2-asso 903-947-6568 817-56�-4876 713-553-9748 817-261-5854 972-997-7665 7� 3-b75-7022 8 � 7-30fr8086 ,, �EN'�YROI�IMENTAC MA.NAG�MENT DEPARTII�NT � w THE CRY OF FORT WORTH * lOOO 7HROCKMORTON S7REGT t FORT WORTH, 'I�xAs 76102-631I (81i) 871-,8079 * Fax (817) 87I-6359 * http://ci.fort-worth_tx.us/fortwpr�h/dem PAGE 1/6 � ' � Princea on reC1K�]eG psper SEP-�3-99 11=43 FROM:C FTW ENV MCMT DEPS I.D:e176716359 PAGE 3ia !J Amendment #0'! Remo�ral of Five Underground Starage Tanks September 2; 1999 Page 2 ■I � Section 3.1.1 — Project Description (Continued) Four USTs are located at Meadiam Airport (near former Hangar 12N), 4201 N. Main Street (Mapsco 4SP) and one UST is located at the Communic:ations Buifding, 1519 11�' Avenue (Mapsco 76G). Meacham contains three approximatefy 9,000-ga�lon U5Ts (approximate(y 96 inches in . diameter and 24 feet fong) and one approximate(y 4,000-gallan UST (approximately 72 inches in diameter and 20 feet long). The former contents of the Meacham Airport tanks are unKnown but assumed to be a petroleum product, and the USTs' contents account for appc�ximately less than 50% of the total UST capacity_ The Meacham Airport USTs are located within 3 separate tankholds: two 9,000-gallon together, one 9,OOO�a(lon,;alone, and one 4,000-gaflon alone. Any s(ab hotd-downs encounfered shal! be removed and disposed. The top cover shall be replaced for the entire work area (estimated io be approximately 2,500 square feet plus or minus 15%) and consist of at leasi four (4) inches of quality concxete overlain with asphalt to (evel the ar�a. �� !I I� ,�L�J Tf�e Communication Building contains one approximately 1,0�4gallon UST that is full of Diesel fuel. Any s(ab hold-ciowns encountered shall be remaved and disposed. The top cover shall be replaced wiih hydromu(ch (e.g., grass) or grass sod in rr'ianner that ensures no bare patd�es greater than six (6) inches in diameter following growth. � The Contractor is responsible far the sampling (as necessary), proper removal and disposal of alI � fluids from all five USTs prior to removal. Additionalfy, t�e Contractor shall co(fect confirmation soil samp(es and grou�dwater samples (if encountered) in a�ccordance with tank removal protocol. Laboratory co5-ts for any geo-technical ana[ysis (i.e., soil density, compaction) shall be at the � Contractot's expense. All corrfirmation soil samples and gr�undwater samples ane to be billed to the City of Foct Worth directy by Armstrong Laboratories under a separate contract. J Section 2.10 — Wage Rates is amended to include fhe 1999 — Building and Construction Trades Standard Wage Rate for Tarrant County attached hereto as Attad�ment A. � Scciion 4.1 — Drawings is amended to include Attachrnent B— Revised Meacham Airport drawing attacF�ed hereto as Attachment B. . Quesfron #171: u L�J Response #01: M At the pre-bid meeting you indicated you had approxima�te dimensions of USTs to be removed_ Could you please provide them_ Refer to revised Secfion 3.1.1 above. Quesfion #02: Specification 3.1.2 specifies submittal of a"report documenfing site activitiesA and Spec. 3.1.10 specfies submittal of a"UST Removaf Repo�t.' Does the City wani TNRCC Release Determination Report Form TNRCC 0621 for each site or a written UST Removal Report? � a Response #a2: The City sha[I reoeive from the Contractor both a Refease Deterrnination Repor� Form TNRCC 0621 anci a Written USTFRemova( Repo�t fo� each site. � ProposaX Packages are d�e at the PurchasYng Aepariment of the Cety of �ort Worth oa Sevtember 9,1999 NO LA'TER TFIAN 1:30 �M aud w�71 be opened an� read aloud at 2:00 PM on Sentem%er 9.1999 �in the Fort Worth City Council Chambers. �� The question and comment period is closed in accordance with the specification. � � SEP-23-99 � p TO: . FRO�: � - DATE: � � � a a a � � a � � 11=43 FROM:C FTW ENV MGMT DEPT Ip�B176716359 � .. �f� �`� i / PAGES: T.zxterested Bidders Michael A. Cran.ge, Senior Environmental Specialist Department of Environmental Maxaa�ement Septenr�,ber 2, 1999 7 (total including a11 attachmercts} PAGE 2/e RE: Addendum #1 . Proposal Package — Rezxxoval of Five Undez�g�o'v.nd Storage Taz�lcs � Revised Request for Bids; Revised 1'roject Descziption; Questions and Answers; Standard 'V�ase Rates (Attachment A); azad Revised M�acham A.irport Dra.wing (Attachment B). .F Sect�on 1.0 — REQUEST FOR BID5 is revised to include the following information: CHAPT��2 252, TEX.4S LOCAL GO'V'ERNMENT COAE, "PURCHAS�T� AND CONTRACTING A.iJ'I'HORiTY OF MUN�C'X�A.Y;I.TIE3" DOES �OT APPLY TO THXS REQI3ES'�` FOXZ BIDS FOR TSE REMOVAL OF �OUR UIV�ERGROUNA STORAGE TAI�TKS AND ASSOCL4TED PIPING A.T N�AC�iAM �ZPORT AND THE REMO'VAY, OF ONE UNAEI2GR0�7ND STORA.GE TANY� AT THE CON�V�UNYCATIONS $UILllTNG LOCATED AT 1S191I� AVENU�. T�i� CONTRACT RESiJLTIN'G FROM THIS P�20CESS IS "A PROC�J'REMENT �1ECESSA�t'Y TO PRESER'VE OR PROTECT'X'�E pY7BLIC HEALT� OR SAFETY; OF THE MC3I�CIPALITY'S RESiDENTS" AS PRO'4�IDED FOR IlY S�CTYON�:252.022 OF T�E T�XAS LOCAL GOVERI�TIVIENT CODE. '�YS �tEQUEST FOR �ZDS S'OLLOWS A��OCEDURE ESTA$�.ISAED B'Y' THE CTTx, �O'WE'V'EYt, BECAUSE THYS I2EQUEST �S EXEMP'r F�ZOM C�.A�ER 252 OF THE T�XA,S� LOCAY, GOVERNMENT CODE, 7� CITY �.ESERVES THE �GH'x' TO NEGOTIATE ,A, COlv'TRACT AFTE�2 �CENII�TG ALL BIDS. THE CITY RESE�tVES T�iE RIGHT TO pV.A,�'VE Al�'Y AND ALL ]RREGULARYTLES AND TO ,A�wARi� � coivTRACT �1 THE BEST Il�iT'EREST OF T�E CTTX. . Section �.1.1 — Project Description is azz�e�ded. to read as follo�vvs: � Providing the equipment, labor and mate�als necessary to remove five underground storage tanks a at two different sites. Requirements inctude fumishing `'�II labor, equipment and mat.eria(s necessary to provide required docume�ntation to State and Iocal officials, remove five USTs and associated piping, proper handling and disposal of fianks' contents and misae(laneous debris � associated with the removai operations, badc�ili and compact the tankhol�is (refer to Section 3.3.5 — Backfitl and Compaction fnr furti�er details), and r�plaoe the top cover at each (oca�ion. � u � � U L�.� 1.3 � � a � l.l � � � � � a 0 a 0 _ ID=8176716359 � '4 A'f"i'ACHMENT A ' 1999 Bui(ding and Constr�uciian Ttades Standard Vltage Rate For Tarrartf County � PRGE � � U � � IJ �J lJ � LJ C�J lJ � CL,A.SSIFA,CTION � � LJ � ;b.�27A716359 . X999 . : a. BETtLT3ING & CONST'�2.Y3CTICJN TRA.nES STANDARD WAG� RATE �'OR TAR�2A1�'T C�pUI�ITY ATR COI�II?YTIONIrtC MECHANIC .AIR C41�ITIOI�T�N'C MECHANIC HELPER ACOUSTIC CETY.Il�FCs INSTALLER ACOUS1iC CEII.}NG INSTALLER HELPE].2. BRrcxs.A�zvsTarr� r�.sarr BR.YCKLAI'ERISTOI�'E MASON HELPER CARPENTER CA RP�NTER T3ELPER. CONCRETE FI�Ii ISHER CONCRETE FIl�TISHEI2 i�ELPER CONCRETE FORM �3UII.DER CONCRETE F0�2M BU�LDER HELPER bR�'WAY,L TAPER Y?RiTW,ALL TAPER Z-�ELPER ELECT�ZtC7AN JOLJRNEit'M�.N . EL.ECrRICIAN �iELPER ELE�OriIC T�CHI�iICIAsi ELECTR.CJIJIC TECHNXCiAN T.LELPER FLOOR LAYER {CARP�T} FLOOR T.,Ai'ER (RES�LIENT) FLOOR I..AYER HELPE�L • .C'xT.AZIER GLAZIER �-iET.PER INSULATOR • INSULA.'Z'OR HELPER LABORER COM�4N LA.BORER. SKII�LED LAT�iER � T.A'I�iER HELP�R. METAL B�LDING ASSEMBLER METAL BUILD�tG ASSEiv£F3LER HEZ.PER PAIN`TER � . PAINTER H:ELFE�2 l.�'J L!J IJ I HOURL�' RATE � $XS_96 8.81 13.82 9.79 Y s.zs 9.86 13.00 9.34 IZ.00 9.44 11.59 8.87 11.87 8.25 16:29 10.20 z�.s� 12.67 • 13.58 14.48 8.56 13_6b 9.26 15.89 9.46 7.82 9.66 zs.so 11.75 I3.34 ?.85 1 �.93 8.30 PACB � _ � SEP-�3-99 11:44 FROM=C FTW ENV MGMT DEPT ID:B176716359 � • r � � � ' ;� � � � � I 1 � � � � i � 1999 . BYTII.DT1vG & CONSTRiTCT�ON �RADES STAI�IDA.RD WA►GE RA'TE FOR TARRANT CO'CT1�I'IiC cLAsszFac�c�arr PII'�.r �. � t �R r.�r�r i i �. �� HELPER PLAS2ERER , PLASTERER �ELpER PLLTMBER ' PLUMBER �IELPER � ' REINFORCING STEE�, SETTER REINFORC]NG STEEL HELPT?R ROOFER ROOFER HELPER SHEE'Z' METAL W ORKER SHEET METAL WORi�ER HELPE�.Z SHE�TROCK HAI�IGER SHEETROCK HANGF,�R HEL�ER SPRIN�L.ER SYST�M 3NSTALLER SPRINKLER SYSTEM Il�ISTALLER �iELPER STEEL WORKER STRt3'C:TURAT. STEE�. WORKER STRUCTURA.Z. HELPER WET.DER WELDER H.ELPER 0 � HE,A,'YY EQUIPMENT OPERA.TORS. EQU7J�MEN�' OPBRATORS ' CONCRETE PITMP OPERA'�ORS CRANE, CLAMSHELZ,, BACKHOE, DERRICK, D'LINE SHO FORKLTFT OPER.A.TOR , FOUNDA'�ION DRII.L OPER.A.TOR • FROI�IT END LOADER 4PERAT4J.2 TRUCT� DRT�IER ' E HOURL'Y RA,TE � 14.35 10.93 15.29 8.63 16.26 9.59 � 1.88 9.zs I3.17 7.82 15.87 9.29 12.70 9.71 16.95 7.8 T 1.4.66 7.91 14.87 ' 9.67 14.66 15.50 13.05 10.54 I I .66 - 11.60 9.80 PAGE 6/6 � SEP-03-99 11:44 FROM=C FTW ENV MGMT DEPT � • � � � Q � . a � � o. . ID:917973A359 , .. � � , � � ATTACHMENT B , , Revised Meacham Airport Drawing � � � � � . � - � � � • a � a� PAGE 7/@ SEP-03-99 11=44 FROM=C FTW ENV MGMT DEPT ID:617B716359 : ��.vf5 �� ,;.��' �' -- _�1.�.��f�_� l�.,�o� C �v �a� a_v_�ZIV � �.� ; � - --- � _ . , � 0�� J y2a E N. ��.... s7�� , ._ . . _. .. ... �T ..___ ----- . PAGE e/H '��.a�=.>�V � �` :�-�:�:_. .-�- ___-��--.--..../ � � i _��.�-._. .� . � __ .; _._..� � � _—�_ i_._. 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I i-_' i—i I � � : ! f I � I i � � _ � O2.3 MINORITY and WOMEN BUSINESS ENTERPRISES �M/WBE �� n �� L�J It is the policy of the City of Fo�t�Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) firms, Ordinance #11923, in the procurement of professional services. " On City Contracts of $25,000 or more, bidders are required to compiy witfi the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the ° oal. <OR> 2. Good Faith Effort documentation. <OR> 3. Waiver documentation. ' � Please refer to the following SPECIAL INSTRUCTIONS FOR BIDDERS for further information regarding the compliance requirements. � The M/WBE business(es) must be certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA) or by the Texas Department of � Transportation (TxDOT), Highway Division. The M/WBE includes the nine (9) counties of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall or doing business in the marketplace during negotiation related to the bid. � M/WBE requirements will be a part of the evaluation for this bid. n � �. � L � � 0 0 � � 2-3 � L*J � ;R City of Fort Wort� Minority and Women Business Enterprise Specifications- I! L�I '�J L�J I� � L�*J � � ,� �I � � � � � Af�davit Stateme�t Project Name: Removal of five undereround storaee tanks for Gity o� Fort Worth Project No. : DEM99-03R5UST � M/WBE Ordinance and the specifications of this bid in the following manner: [check the most approprtate number(s)j �c 1. �� THE M/WBE PARTICIPATION WII,L MEET OR EXCEED THE STATED GOAL, , WILL COMPLETE TIiE M/WBE UTILIZATION FORM. 2, T'HE M/WBE PARTICIPATION WII,L BELESS THAN THE STATED GOAL, WILL COMPLETE UTILIZATION FORMS AND GQOD FAITH EFFORT FORMS. 3. NO M/WBE PARTICIPATION, WILL COMPLETE GOOD FAITH EFFORT. 4. NO SUBCONTRACT OR SUPPLIER OPPORTUNITIES AVAILABLE, WILL COMPLETE PRIME CONTRACTOR WAIVF�R FORM. ,�,��i�/ Au�honzed Signahue Vice President Title Eagle Construction & Env}'�r onmental Services. Inc. Company Name P.O. Box 872 Adciress _ Eastland, TX 76448 City/State/Zip Code �1 c�� e� 1� l�c /�lra �/ P. � nnted Sign,ahue Contact Name and Title (if different) 2�54/62Q-171 Conta.ct Telephone �umber(s) a 2�4I(Z�-8&�5 Fax umber 9/A�AQ Date ' Rev. 7/16/96 � � . .;.� k� • ,� . r't�' ;°� �' :�� . ':�' � '�F �t ,� ,�. � � � � � 1 I I 1 I � � � � ' � � � � St� J �, � ATTACHMENT IA Page ! of 2 City of Fort Worth Minority and Women Business Ente�prise Specifications �p MWB/WBE UTILIZATION Eagle Construction & Environmental Services, Inc. PRIME COMPANY NAME Removal of 5 TiST' � PROJECT NAME Company name, Contact name, MBE or Cert. (*} Address, and Telephone No. WBE Agency A-I.Truckin� & Materiais 1612 N. Beach WBE NCTRCA �j]�rth . TX 76l 11 (817) 281-0076 Cathv Fillers Littleton Inspection Ser "4/9/94 BID DATE nF:�ra4_��R5i1�m PROJECT NUMBER Scope of Specify Dollar Work Tier (**) Amount Trucking lst��ti�r� $1,840.00 Fill Mater. 1601 Osnrev Drive MBE NCTRCA Materials lst tier $1,156.00 Dallas, TX '':Testing f972) 228-8378 A]. Littleton , � �� (�} Acceptable certifying agencies, ptease specify: (NCTRCA) North Central Texas Regional Ceriification Agency � (T3CD0'I) Texas Department of Transportadon (Highway Division) (••) Only first and second tier acceptable M/WBFs must be located in the 9(nine) county marketplace ar cumently doing business in the marketplace at Nme of bid. 4` • 'fHIS FORM MUST BE ItECEIVED BY THE MANAGM(} DEPARTMENT BY 5:00 p.m. , Five (5) CITY BUSMESS DAYS AFTER BID OPEt1ING Rev. 7/16/96 � . F : .�; i � IJ � � '� � � L�J � � ��i L�J �� S�� T 5 .: �:. � ,: ATI'ACHMENT IA , ' Pagc 2 of 2 City of Fort Wor"th Minority and Women Business Enterprise Specifications 1V�WB/WBE IJTILIZATION , � ICompany name, Contact name, MBE or Cert. (*) Scope of Specify Dollar Address, and Telephone No. WBE Agency aWork Tier (**) Amount � � � m � The bidder further agrees to provide, directly to the City upon request, complete and accurate Information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) Arrangements submitted with this bid: The bidder also agrees to allow an audit and/or examination of Any books, records and files held by their company that will substantiate the actual work performed By the MBE(s) and/or W$E(s) on this contract, by an� authorized officer or employee of the City. Any Willfu[ misrepresentation will be grounds for terminating the contract or debarment from City work for a period of not iess than three (3) years for initiating �►ction under Federal; State or Local laws concerning false statements: � ALL MBEs xnd WBEs MUST BE CERT[FIED BY THE CITY BE�ORE CONTRACT AWARD / ��f///'o Eagle Construction & - �f/�,ur� L�!//�L/ [��"'�`� Environmental Services . Inc. Authorized Signature CQmpany Name � �. Vice President oF 9/9/99 Title Date � � D ' Rev.7/16/96 '<', 't :�� 7n,r ";=� '�� .�.�� .�.$ � J � 2.4 BONDS I�1 I�J� CI, � 2.4.1 Securitv Bond The Contractor shall submit with its bid a cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five percent (5%) of the total of the bid submitted. The bond is subject to forfeit in the event the successful Contractor fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870}, and the amount of the bond shall not exceed the a''mount shown on the Treasury list, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. ATTACH CASHIER'S CHECK OI� BIDDER'S BOND HERE LJ LJ LJ l�l � C � � � C � � 2.4.2 Pavment and Performance Bonds The successful Contractor shall, upon entering into a contract with the City, be required to give the City surety in a sum equal to the amount of the contract awarded under certain circums#ances. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall; be executed, in the amount of the •contract, and conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. No direct compensation shall be paid to Contractor for the costs of obtaining bonds. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the Cit�, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the;Treasury list or one-tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigatidn against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given . to the Contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. 2-4 � � � � � C� L�J All of the tasks proposed to complete the scope of work are shown on the Project Schedule and � on the Schedule of Payments. Each of these schedule�'s is included as one of the Proposal Documents. 2.5 BID SUMMARY TO THE CITY OF FORT WORTH: ,a� SCOPE OF WORK: Bids are being accepted by the City of Fort Wo�th for the furnishing of all labor, materials and equipment necessary for the removal of four underground storage tanks and associated piping at Meacham Airport (near old Hangar 1;2N) and removal of one underground storage tank at the Communications Building. The ge'neral tasks involved will include the completion and submittalof all necessary documentation to the Texas Natural Resource Conservation Commission and City of Fort Worth, Fire Department; the excavation and removal of underground storage tanks; the collection of soil sarriples .from tankholds; the backfill and compaction of tankholds; the replacement of concr'ete/asphalt to original surrounding conditions; and the final site check . � The total cost estimate for all labor, equipment, and materials is: � � Location Meacham Airport, 4201 N. Main Street Communications Building, 1515 11�' Avenue Amount $ 26.911.00 $ 2=;�32.00 � � C' Grand Total The estimated calendar duration for all phases of the project, is _� days. The undersigned agrees to start work within thirty (30) days from the date of the Notice to Proceed. All Bid Documents have been submitted in one sealed envelope. one ( 1) addenda to the Request for Bid have been areceived. $ 29.643.00 aThis Bid Summary and the accompanying Bid Do�uments are intended to be complete and will remain valid for sixty (60) days from the date of submittal. L■J � CONTRACTOR SUBMITTING BID: Ea�le Construction & Envir. Serv., Inc. (Company Name) P . fl . R�x R7?. (Address) � BY: Marc W. Walraven (print or type name of signatory) �'/�G�� C.�C� (Signature) � Ll � ,��land. TX 76448 (City, State, Zip) 254/629-171£i (Phone) Vice President �t Title (print or type) 254/629-8625 (FAX) � 2-5 � ' � � 2.6 PROJECT SCHEDULE Q Contractors shall provide a project schedule that includes��all tasks for all technology methods selected for use on the project. The project schedule shall include at least those tasks defined in the preceding section, Cost Estimate. Contractors may { add additional tasks as required to � complete the project. � The project schedule shall show all tasks in the left most colUmn and their duration shall be plotted � horizontally versus time. A time scale shall be selected so that the complete duration of the project can be shown on paper with a maximum dimension of 11" high by 17" wide. A separate Task must be shown for each subcontractor, each, separate organization, � and each a minority/women business if applicable. The name of the'Contra�tor's company, subcontractor, separate organization, minority/women business shall be identified above the duration bar of each task. The estimated dollar cost for each task shall be shown below each duration bar. � The completion of each task must be associated with a project deliverable document. Deliverab(e documents may be a report, test data, lab analysis, or invoices that show comp(etion of that task. � The project schedule must be submitted with the Bid,, During the term of the contract the Contractor sha(I submit monthfy project schedules showing planned work and actual work accomplished. � . . � L�J � L�I L�I L�l J [�I INCLUDE A COPY OF THE SCHEDULE FOLLOWING THIS PAGE BOUND WITHIN THE BID PACKAGE 2-6 L�i � , I � I ID 8 Task Name I1 3 AwallolContraet � I 2 M�acham Alrport U5T Removab I9 � • TNRCGCRy Conslrudbn Notlllealion � 4 ra� .�,`#">, Evaeuate and Remove USTs enC Plping I aI 5 �^u� Dtsposal ol Pavement Debris I8 � Backfill delivery 1 I 7 .r,�' Compaet Dack011 IJ I . I8 �� v Density tesling � 9 .�„�. Resur(aoe work erea L{�� I � I 10 ,+„'�' TNRCC RDR d Cbsure Repat I11 � Final Stle C�etk � 12 Communicallons BIAg UST Removal �'� I . � I 13 � TNRCClCRy Conslruclian Notitication I14 � Evacuate and Remow UST end Pipinp � 15 P,'�' Disposal of Pavement De6As I I18 ','w�' a Backflli MateAal !.d 77 � Compect bacfill I � I 78 � DensRylestlng I19 � SRe Restoretion I 1 20 � TNRCC RDR 6 Cbsura RepoA 6� I � I 2� � Finat SNe Check � � � Tesk P�oJeet: Time SeheEule P�feu Data: Thu 9/9199 Mibstona � I Project Schedule �; City of Fort Worth Project No. DEM99-03:i25UST �P12.'99 Se019.'99 ISep28.'99 �Oc17.'99 �Oc110.'99 1Oc117.59 1Oa2a.'99 OIX�1.59 1 Duratbn M�TNV�T�F�SISIMITN'�ITIFIS,SIMITIWITIFISIS�M�TrN�T�F�S�S�M�TIW�T�F�S�SIM�T�W�T�FIS�S�MIThIVITIF+SISIMITIWIT�' \ � 1 day • � � yi : � . d0 Qays . �E . . ' I , ' � r 528,917.00 25 days, , Eagl� ' ' ��i�, , a ,a ��-:a�� : t �� t �� i(�; u �? -' :�'r�, � ��`i ; • �'� saz.00 ' 8tlays� : Eeqle._.. : 510,37J.00 7 dayl : . %A'1 Truckfng I: 549�2.00 1 day� . A•1 Trucking st.tazoo ': i day� • Eagle 52:�01.00 � 1 day � : Littlaton Insp. Sivc. ' . � 57�2.00 ; : 7 days � �Nova Construetion �„ • i 510,962.00 . 5 days • ; Eagle • . , � 5420.00 Eagle 7 day � • 562.00 40 deys , ' . • • . , � ( , 5273200 ; 25days� Eagt� � � , Y��?`.��` � �` '" ;,.: ii � �v ;,,.,.. ,_ ` �'s9 ,;.: �� ' 582 00 ' Eagle 1 day ; � S7,J66.00 1 day � ;A-1 hucking . S8� o ' t day ;A-1 Trucking � 579.00 , t day� • ' Eagle . : f�4�6.00 1 day t Littleton Insp. Srve. : I � ; 542�4.00 7 1 dayl Eagle IS71�Q.00 Sdays� : : : Ea91e 5210.00 1 day ` Eagle 1 , • _ . _ ' . 57�� . � �� ' -� Summary � ROAed Up Propress Project Summary ��up�61°� Roded Up Task - . ........, SP�Q ... .. .. .. � � Rotled Up MAestoae EfRemal Tasks '��_��-�,�'�w ��1 Page 1 � � D � ' � I � � � � I 1 � � ' �' 1 � � 2.7 SCHEDULE OF PAYMENTS Progress Payments will only be made after completion of �khose tasks and/or subtasks identified on the Project Schedule. ' Progress Payments will be made during the project no less often than once per month. A payment schedule must be submitted with the Bid showing the name of each task and/or subtask, the name of the Deliverable Document for each task and/or subtask, labor cost, equipment cost, material cost, total task and/or subtask cost, planned payment dates for each task and/or subtask, and the amount that would be remaining in the contract account. INCLUDE A COPY OF THE SCHEDULE FOLLOWING THtS PAGE BOUND WITHIN THE BID PACKAGE 0 2-7 � � ■s � � � � � � � � � �1 IMi� � s � � � ID Task Name • 1 Meacham Airport UST Removals 2 TNRCGCity Construction Not�cation 3 Evacuate and Remove USTs and Piping 4 Disposal of Pavement Debris 5 Backfill Material 6 Compact Backfi�l 7 Density Testing 8 Resurface Work Area 9 TNRCC RDR 8 Ctosure Report 10 Final Site Check 71 12 Communications Bldg UST Removal 13 TNRCGCity Construction Notification 14 Evacuate and Remove UST and Piping 15 Disposal of Pavement Debris 16 Backfill Matenal 17 Compact Ba�li 18 Density Testing 19 + � �Si1e Restoration 20 TNRCC RDR & Closure Report 21 Final Site Check 22 � 23 Invaica il1 24 Invoica #2 Payment Schedule Clty of Fort Worth Project DEM99-03:R5UST Duration Starl Finish Deliverable Labor Equipment Materiais Fees Total Cost Invoice t invoice 2 Contred Remaming 40 days Mon 9/13/99 Fri 11/5/99 56,245.00 E3,760.00 52,080.00 514,826.00 f26,911.00 575,467.00 511,444.00 25 days Mon 9/13/99 Fri 10/15/99 TNRCC Lerier $52.00 $0.00 $0.00 $30.00 $82.00 $82.00 $0.00 3 days Mon 10/18l99 Wed 10/20/99 Manifests $4,001.00 $2,869.00 $893.00 $2,610.00 $10,373.00 $10,373.00 $0.00 1 day Wed 10/20/99 Wed 10/20/99 NA $0.00 $0.00 $0.00 $492.00 $0.00 $492.00 $0.00 1 day Thu 10/21/99 Thu 10/21/99 NA $0.00 50.00 31,187.00 50.00 $1,187.00 51,787.00 $0.00 1 day Thu 10l21/99 Thu 10l21/99 NA $1,720.00 $881.00 50.00 $0.00 $2,601.00 $2,601.00 50.00 1 day Thu 70/21/99 Thu 10l21/99 Test Reports $0.00 $0.00 $Q.00 $732.00 $732.00 $732.00 $0.00 7 days Fri 10/22/99 Mon 11/1/99 NA $0.00 $0.00 50.00 $10,962.00 $10,962.00 $0.00 $10,962.00 5 days Mon 11/1/99 Fri 11/5/99 RDR 8 Report $420.00 .$0.00 $0.00 $0.00 $525.00 $Q.00 3420.00 1 day Wed 11/3/99 Wed 11l3/99 NA $52.00 $10.00 $0.00 $400 562.00 $0.00 $62.00 40 days Mon 9N1/99 Fri 11/5/99 E7,372.00 5541.00 5238.00 5581.00 52,732.00 52,491.00 5241.00 25 days Mon 9/13/99 Fri 10/15/99 TNRCC Letter $52.00 $0.00 $0.00 $30.00 $82.00 $82.00 $0.00 1 day Mon 1025l99 Mon 10/25l99 Manifests $755.00 $466.00 $100.00 345.00 $1,366.00 $1,368.00 $0.00 1 day Tue 10/26/99 Tue 10/26/99 NA $0.00 $0.00 $0.00 $82.00 $82.00 $82.00 $0.00 1 day Tue 10R6/99 Tue 10/26/99 NA $0.00 $0.00 $79.00 $0.00 579.00 579.00 $0.00 1 day Tue 10/26/99 Tue 70/26199 NA $278.00 $68.00 50.00 50.00 $346.00 $346.00 $0.00 1 day Tue 1026/99 Tue 10/26/99 Test RepoAs $0.00 $0.00 $0.00 $424.00 $424.00 $424.00 50.00 1 d'ay Wed 10/27/99 Wed 10/27/99� ^� NA " $57.00 $0.00 T^ $59.00 =��- 50.00 $110.00 $110�40 r SO•00 , T-T , 5 days Mon 11/tl99 Fri 11/5/99 RDR 8 Report $210.00 $0.00 $0.00 $0.00 $210.00 $0.00 $210.00 1 day Wed 11l3/99 Wed 71/3l99 NA $26.00 55.00 $0.00 $0.00 $31.00 $0.00 $31.00 Mon 9N3/99 Mon 11/1/99 56,909.00 54,286.00 52.318.00 54,445.00 517,958.00 517,958.00 f11,685.00 Mon 1111/99 Mon 11129/99 f708.00 515.00 50.00 S10,962.00 f11,685.00 � f71,685.00 50.00 [� Eagle Conslruction 8 Environmental Services, Ina � ' � � I � � I I � � � � I 1 � ' � � � 2.8 EXPERIENCE RECORD Contractor shall submit a report that reflects the experience of the firm and its individual employees and officers in work of both the same nature �nd magnitude as that of this project. Such experience must be on projects that were completed 'ot more than five (5) years prior to the date that the proposals are due. The repo�t shall include p�oject title and year completed plus the project cost and the name, title, address, and phone number of principal person for whom the project was accomplished. 1NCLUDE A COPY OF THE REPORT,FOLLOWING THIS PAGE BOUND WITHIN THE BID PACKAGE � � � � ,� 2-8 � w�■� � � � � r � ■■� � � � r� � � �w � r �r EAGLE CONSTRUCTION & ENVIRONMENTAL SERVICES, INC. EXPERIENCE RECORD Project Title UST Removals Houston, Texas UST Removal and AST Installation ; Garland Community Hospital UST Removals , Various Locations in Texas UST Removals Brownwood, Texas � ; UST Removals � Fort Bliss � EI Paso, Texas Year Project Completed Cost ----.... _ . _ .. ---. . . 1999 $350, 000.00 1998 $98,000.00 1998 $49,000.00 1997 $16, 347.00 1996 $42, 757.00 Owner/Client I Southwestern Bell Telephone 304 S. Akard Dallas, Texas 75202 Harry Hixson (214) 464-1805 Dames & Moore 5151 Beltline Road, Ste. 700 Dallas, Texas 75240 Pat Gobb (972) 980-4961 � Texas Department of Public Safety � Austin, Texas �Andjr Mokry (51� 424-2167 ` � ` , Texas Department of Transportation PO Box 1549 Brownwood, Texas 76804 Larry Skaggs (915) 643-0347 Ogden Government Services Fort Bliss — EI Paso, Texas Greg Lane (915) 562-8596 � Eagle Construction & Environmental Services, Inc. City of Fort Worth Project DEM99-03:R5UST �I G� C7 Ct 0 p G� C� O C] G� � C� C7 C] C� d C1 C� 2.9 LIST OF SUBCONTRACTORS Contractors shall complete the foliowing information and submit it with the Bid Documents to permit the City of Fort Worth to more fully evafuate bid qualit�r prior to awarding the contract. � A-1 Trucking and Ma.terials Littleton Inspection Services Nova Construction Company, Inc. 1612 N�^$each 817/281-0076 817/281-0162 Asphalt/Concrete Hauling - Fort Worth, TX Fill Material 76111 1601 Osprey Dr. 972-228-8378 .� Dallas, TX 75115 1O5I4 Wire Way Dallas, TX 75220 972/869-3041 Proctor Tests `Density Tests 972/$69-2977 Paving IF NECESSARY, PROVIDE MORE SHEETS TO DESCRIBE ADDITIONAL SUBCONTRACTORS. � 2-9 y � � � a a a 0 0 fl a � a a � � � � a 0 2.10 WAGE RATES � The Contractor selected for this project will be required to comply with provision 5159(a) of "Vernon's Annotated Civil Statutes of the State of Texas" with respect to the payment of prevailing wage rates. k Wages not less than the prevailing wage rates established by the City of Fort Worth, Texas, must be paid on this project. Copies of the current Wage Scales immediately follow this page. The undersigned has received copies of the Fort Worth Prevailing Wage Rates and intends to comply with these guidelines. .` � � CONTRACTOR SUBMITTING BID: Eagle Construction & Environmental Services, Inc. (Company Name) P.O. Box 872 (Address) � Eastland, TX 76448 (City, State, Zip) BY: Marc W. Walraven �(print or type name of signatory) i�� Gi/�'�i � (Signature) Vice President T�tle (print or type) 2-10 '� LJ � � L�l � 2.11 VENDOR'S COMPLIANCE TO STATE LAW Article 601 g of Vernon's Texas Civil Statues �1985) appiies to the award of contracts to non- resident contractors (out-of-state contractors whose cor'.,porate offices or principal place of business are outside of the State of Texas) who are re�uired to bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident contractors would be required to under bid a non-resident contractor in order to , obtain a comparable contract in the state in which the non-resident's p�incipal place of business is located. The appropriate blanks in Section A below must be filled, out by all out-of-state or non-resident contractors in order for their proposal to meet specificatioi5s. The failure of out-of-state or non- resident contractors to do so will automatically disqualifyx�hat contractor. Resident contractors must check the box in Section B below. A. Non-resident contractors in a are required to be ' copy of the statute is attached. � � B (give,state), our principal place of business, percent lower ttian resident contractors by state law. A Non-resident contractors in (give state), our principal place of business, are NOT required to underbid resident contractors. Our principal place of business or corporate offices are in the State of Texas. [x] (Check this box if statement B is true) l�J � LJ lJ L■J L!J � � f�l � CONTRACTOR SUBMITTING BID: Eagle Construction & Environmental ServicPG. Tr,�. (Company Name) P.O. Box 872 (Address) Eastland, TX 76448 (City, State, Zip) BY: Marc W. Walraven (print or type name of signatory) �2�(.�-.� " (Signature) Vice President Title (print or type) 2-11 ��j L�1 � 2.12 INSURANCE CERTIFICATES � 2.12.1 FOR PURPOSES OF THIS PROPOSAL, CURRENT INSURANCE CERTIFICATE(S) WITHIN THE PROPOSAL PACKAGE. I�J � � PLEASE .ATTACH A COPY OF YOUR FOLLOWING TH1S PAGE AND BOUND ,. 2.12.2 The successful Contractor will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the Contractor shall deliver to Fort Worth certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. � ' "A. Commercial General Liabilitv Insurance -$1,000,000 per occurrence combined single limit for bodily injury and property damage. "B. Automobile Liabilitv Insurance -$1,000,000; per occurrence combined single limit (� for bodily injury and property damage. The` policy shall cover loading, unloading �� and transporting materials involved under this contract. � I�I I�I l�J � LS' C' L! n � "C. Worker's Compensatian - Statutory limits for Worker's Compensation plus employer's liability at a minimum of $500,Ob0 each accident; $500,000 disease - policy limit; and $500,000 disease - each er�ployee. "D. Environmental Imnairment Liabilitv �EIL) and/or Pollution Liabilitv -$1,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items A and B above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloadin� and transporting materials involved under the contract project shall be included under the Automobile Liability insurance or other policy(s) according to the hazards associated with the contracted project. "NOTE: BETWEEN A AND D ABOVE, ANY POLLUTION � EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT SHALL BE COVERED; IN ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION, LIABILITY FOR GRADUAL EMISSIONS AND CLEAN-UP COSTS SHALL BE COVERED. "E. The following shall pertain to all applicable policies of insurance listed above: a "1. Additional Insured 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." An equivalent clause may be accept�ble at the discretion of the City of Fort wortn. "2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage at fimits commensurate with or equivalent to those required of the Contractor; and, in the latter "� 2-12 � � � � � I�'� i■ C � � � � l�l � � � tJ l�l I■I L�J � "3. case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. ' .� Prior to commencing work under th�' contract, the Contractor shall deliver to the City of Fo�t Worth insurance certificate(s) documenting the insurance required and terms and clauses required. Any failure on part of the City to request such documentation shall not be construed as a waiver of the requirement. "4. Each insurance policy required by this agreement shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." "5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Director of F�isk Management for the City of Fort Worth. A current A.M. Best Key Rating Guide rating of A:VII or reasonably equivalent qualification is required. "6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the �isk Manager of the City of Fort Worth; and, in lieu of traditional insurance, altemative coverage maintained through insurance pools or risk retention groups must be also approved." "7. Applicable policy(s) shall each be e'ndorsed to provide a waiver of rights of recovery, also known as a waiver of�subrogation. "8. All limits of insurance required shall services contracted in this agreement shall be endorsed on each policy. be available for claims arising out of . Such reservation of insurance limits . s "9. In the event the Contractor .becomes aware of any damage sustained or claim thereof, arising out of the Contractor's serivices under this agreement, notice thereof shall be provided to its insurer(s) and to the Director of the Department of Environmental Management 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. 2-13 � � � � � � ' � I � � � � 1 � � :� � i l 2.13 CONTRACTOR'S LICENSES & CERTIFICATES , , Contractor shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. Contractor must provide a copy of the appropriate certificatioris, registrations, and licenses and related certificates with their proposal including without limitation electrical contractor and general contractor. ATTACH COPIES OF APPLICABLE LICENSES AND CERTIFICATES FOLLOW(NG THIS PAGE AND BOUND WITHIN THE BID PACKAGE 2-14 0 0 L�J � � � �'� � � ��G Rr,hert J. N•�ston, Choirr,^an R. B. "Ra!�h" �larquez. Commissioner lohn M. Ba�cer. Commrssroner lzftrey .a. Saitas, E.reculrre Dis2ctor TEX.AS I�T�TUR.4L RESOURCE CONSERVATION C0��1�I[SSION Prolecling Teras by Reducing ond Prevenlrng Pollufron April 1, 1 �9 � MR. JOE L WALRAVEN � EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC. . P.0 BOX 872 EASTLAND TX 76448 � �,.i I�I ,� �� L*J I■I u' � � � � � Re: Renewal of Underground Storage Tank (US� Contractor Registration for EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, INC.. Registration No.: CRP000209; Approved as of April 1, 1999 • DEAR MR. WALRAVEN: You have completed your renewal process with the Texas Natural ,Resource Conservation Commission (TNRCC) for EAGLE CONSTRUCTION AND ENVIRONMENTAI. SERVICES, INC. as a Registered Underground Storage Tank Contractor.. Please note that vou will �niv rPnaniP rhis renewal a�nroval letter and vour last certificate will be valid so lonq as that cert�cate is not revoked and is renpwee� accordina to law. � Your renewai of the certifcate of registration allows EAGLE CONSTRUGTJON AND ENVIRONMENTAL�SERVlCES,� 1NC. to continue to engage in the installation, repair, and removal of underground storage tank systems in Texas. The Ceriificate oi Registration will expire on April 3, 2000. A•renewal application will be maileti to you at least 30 days prior to the expiration. Any change of information to� the registered contractor �application during the � validated registration year should be submitted in writing to the Executive Director of the TNRCC within thirty days of the change. The registered contractor is required to prominently display the above referznced contractor registration number on all bids, proposals, offers, and installation drawings. �� Plea'se note that a registered UST contractor must have a licensed UST installer or licensed US7 on-sRe supervisor at the site at all times during the critical stages of an UST insiallation, repair, or removal project. There are two types of licenses, A for installations and repairs and B for removals. If you have any questions, or wish to receive an application fo� license A& B please contact Wanda Kurio of the UST Contractor Registration Program at (512) 239-2191. "� Sincerely, .�+'a.�c.da 7�t • ��Z�,uLur Wanda M. Kurio Installer Certification Section Compliance Support Division APL%CRP000209 ;• Tp(q� NATI:�AL AcSOilFi�E CO�ISCRVAilOr1 O�VIMISSION UST !hSTALLER tiCE�ti.SING PROGRAA7 BE�i1CV0iWNTfiAT';:. ��\ BRYAN DAVID WILSON � �� FOR A Ft'�S F1Lf�L� Alt(�OU��, . t _. - � � � .� nrr�.x�: s rac�s� . . �v �r+r.,� uar Nsr�iurori, �` �� ... ,/� wm±�� sr� oFToc�s. . E�a��l �� , vni:Dtr.�tJoc�,,.OcioD�"19� 1949 re �a�+« ucE?+5E rq.: II POOlA:,4 � ' - ---• • -•-- • -•- -__ . _^- _ . . . . � . ..... .._.. ..... � !I � � I� 2.14 CONTRACTOR'S LEGAL AND COMPLIANCE HISTORY Contractor's legal and compliance history is a critical component of this Request for Bid. Read this section with care and respond accordingly. Failure of the �ontractor to provide all the information requested and to certify the report, will result in the Con�ractor's submittal being declared non- responsive. � � � Contractor shall attach a written report of leaal action brought against: Q Contractor; O Contractor's officers; � � Contractor's employees; �ND CI Contractor's proposed subcontractors u I�I relatina to the nrotection of the environment. The report shall include all legal action brought within five (5) years of the closing date of this Request For Proposal. The report shall detail the substance, status, and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action, all re�evant dates, and all fines, judgments, and/or settlements. { "LEGAL ACTION" means: any enforcement action by the United States Environmental Protection 0 Agency, the Occupational Safety and Health Administration, any other federal agency, the Texas Natural Resource Conservation Commission (including its:predecessor agencies the Texas Water Commission and the Texas Air Control Board), the Texas Department of Health, and any other 0 state agency, commission or department, whether in Texas or elsewhere, as a result of violations, real or alleged, of any laws, licenses, permits, judicial orders, or administrative orders, relatina to the orotection of the environment, In this context, enforcement action shall include without � limitation, written wamings, notices of violation, consent orders or agreements, compliance orders, administrative hearings, and criminal prosecution. Legal action also means any civil litigation brought by any person relatina to the protection of the environment. u CI' "RELATING TO THE PROTECTION OF THE ENVIRONMENT' means: requirements pertaining to the manufacture, processing, distribution,��Ruse, handling, storage, transportation, reporting, records keeping, permitting, licensing, treatment, disposal, emission, discharge, spill, release, or threatened release of: � Q (a) hazardous materials, hazardous substances, ,hazardous wastes, toxic substances, petroleum, industrial waste, solid waste, pollutan�s or contaminants into or onto the: � �J ,■I � (1) air, surface water, drinking water, groundwater, storm water, publicly owned - treatment works, or land. 2-15 � � � � � 1 � ' � � � � I � � � � � � � TH� REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Contractor, using the form on the following page. The ;top portion of the form is to be completed if a report is attached. The bottom portion of the form is to be completed if Contractor has no legal actions to report. An authorized representative of the Contractor shall mean (1) if the Contractor is a corporation: the president, secretary, or treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who perForms simil,ar policy or decision-making functions for the corporation; (2) if the Contractor is a partnership, a general partner; and (3) if the Contractor is a sole proprietorship, the sole proprietor. INCLUDE A COPY OF THE�REPORT FOLLOV�(ING THE CERTIFICATION PAGE BOUND WITHIN,THE BIQ PACKAGE � � M 2-16 � C� 0 � u L•J Certification of Contractor's Legal and Compliance History Complete n� of the Following Certifications: � �. � I ce�tify under penalty of law that the attached report of Contractor's Legal and Compliance Histor� was prepared under my direction or supervision in� accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the �system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, aceurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: � Company Name � (signature) I� ��i � � � L�J � LJ Date BY: (print or type name of signatory) Title (print or type) I certify under penalty of law fhat the legal and compliance history of Contractor, ContraCtor's officers, Contractor's employees, and Contractor's proposed subcontractors was researched under my direction or supervision in accordance with a s�rstem designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Contractor, Contractor's officers, Contractor's employees, or Contractor's proposed subcontractors within the preceding five years To the best of my knowledge and belief, this statement is true, accurate, and complete. I am awa �e that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CONTRACTOR: Eagle Construction & Environmental Services, Inc. Company Name ,�� 'e'��C (signature) . 9/9/99 � Date � � BY: Marc W. Walraven (print or type name of signatory) ViCe Presid?nt Title (print,or type) 2-17 �� L.1 � � � � � a 0 0 0 0 a a a 0 0 fl � a 2.15 HEALTH & SAFETY PROGRAM MANUALS , Each Contractor shall submit a copy of their Corporate Health & Safety Program Manual and a copy of their proposed Health & Safety Plan for this project. - ;' INCLUDE A COPY OF THE PROPOSED HEALTH & SAFETY PLAN FOR THlS PROJECT FOLLOWING THIS PAGE, BOUND WITHIN THE BID PACKAGE. INCLUDE A COPY OF THE HEALTH & SAFETY PROGRAM MANUAL BOUND SEPARATELY BUT MAILED WITHIN THE SAME ENVELOPE � � 2-18 C�� Health and Safety/ Site Se�curity Plan for ° UST Removal for City of Fort Worth � Job Information � Client: Contact: � Phone/Pager Numbers Location: l�J � L�J L�� l� � l�J � u Product Involved: Date: 9/13/99 Job Number: 829341 City of Fort Worth — Dep't of Environmental Management Michael Gange, Project Manager (817) 871-8592; fax: (817) 871-6539 , Meacham Airport & Communications Building Site Activities: Remove and disnose of product from tanks, clean and nur�e tanks of vanors, excavate cover and remove tanks. excavate fill from tankhold. collect soil samnles, backfill t�its with on-site and imnorted f 11, resurface Meacham work area. sod communications Blde. Work area. �� Anticipated Duration: Ea�le Chain of Command: Print Supervisor: Health and Safety: Operators: Technicians: (use attachment if necessary) � a Signature All personnel have received the appropriate safety tra.ining in accordance with 29 CFR 1910.120 section Q and are currently under medical §urveillance in accordance with 29 CFR 1910.120 section ( fl. In addition, the supervisor has the required UST "B" Removal License. By signing the above chain of command, I acknowled�e that I have been instructed in the Site Safety Tailgate Meeting. See tailgate safety meeting for topics covered. � � Outside Organizations: Name � � Agency/Company Phone Number � Pager Number Eagle\Eagle3\Hasps\MiscHasp.doc � � � u � Site Securitv and Control �, Site Security and control will be the responsibility of the Site Supervisor: No unauthorized persons will be permitted within this area. All activities and arriving/departing personnel will coordinate with the s�te Supervisor. Initially the entire site will be considered an Exclusion Zone. Upon com�letion of air monitoring a support zone and contamination reduction zone will be designated. � Decontamination If applicable, all materials leaving the exclusion zone �vill be thoroughly decontaminated using the following: dry decon _ soap and water _ other: _ l�l � CI� � ��l 0 � �—� 1�� u � lJ LJ Area Man: (please include wind direction, CRZ, exclusion zone, support zone, decon area, and signiiicant landmarks (roads, mile markers, etc.) _ _. . jk � f i 1 ? .....................�.....................................a....................................x.................................... .................................... ................................�... .........�._...._._.____. ........._. . _..._..... i ; � , ..........._........_ s � ....._.._...._ ` ............._......._._..._........._..._..........._.__.......,...__c_........._.........__._._._.... _._ i, ..........................1..............._._................s.�..........�.._.._............._._..�................._..... ; i � � � { : i � ! Monitorin� Results � a_ .................._._.. s j rr (, Meter Utilized: Lumidor 4-�as and MiniRae PID Calibrated on: Calibrat�°d by: Correction Factor for specific contaminant: Exposure Monitoring may be recorded and attached sepazately. Eagle\Eagle3\Hasps\MiscHasp.doc � i I � � � � � � � 1 � � � � � � � � � � � � Tail�ate Safetv Meetin� The below topics were covered by the Site Supervi�or and/or Site Health and Safety Officer: ;� Personal Protective Eauinment will consist of the following items: Task: Protective Suit Task: Protective Suit Glove(s) Glove(s) k Respiratory Standard Equipment Protection NA ; Steel Toe Boots ; Safety glasses Hard Hat Hearing Protection Respiratory Standard Equipment Protection � Steel Toe Boots � Safety Glasses , Hard Hat Hearing Protection The failure to use mandatory PPE will result in the immediate removal from job site and a write up in the employee file. Emer�encv Alertin�: In addition to visual and verbal communication, air;horn signaling will be utilized as follows: � Air-horn Signaling Meaning One Long Blast Break Two Short Blasts In Need,of Supervisor Multiple Short Blasts Emergency Evacuation " Visual Signaling ' Meanin'g Hands on top of Head Need assistance Hands on Chest Respiratory Problems Hands Pointing to Side of Head Return to Decon for Consultation Thumbs Up O.K., I'm all right, I understand Thumbs Down No, Negative Eagle\Eagle3\Hasps\MiscHasp. doc J �� u � Site Safetv Concerns: Check appropriate site specific concerns: Weather concerns: a � Temperature Winds �' Conditions � I I Lockout/Tagout of Energy Sources: Identify and de-energize all sources of energy � prior to entry of vessel. Tag out all sources for visual notification that the line, energy source is�de-energized. Follow Eagle's Lock/Tag/Try Procedure. j� Heavy Equipment Concerns: All employees must maintain visual contact with operator U at all times. Maintain safe work distances from heavy��equipment. Operators must wear appropriate PPE while on job site. a� � u � I�J � I � � I■I � L�J � � Excavation/ Open pit hazards: Upon completion of excavation, safety fencing must be established around any open pit. Road-side excavations must be back filled to prevent further accidents. Personnel must not approach excav�.tion due to instability of the area. Prior to excavation, identify all underground hazards. Contact Digg Tess at 1(800) 344- 8377. Environmental concerns: Several biological concerns are often encountered while in the field. Poison ivy, Chiggers, Snakes, Insects can all become medical problems while in the field. Be aware of flora and fauna which may harm you. Small Tools: Many small tools can be extremely dangerous when used improperly. Make sure that blades are sharp and machines are functioning properly. As a general rule, stay 3 lengths away from equipment of concern (i.e. 3 ax handle lengths, 3 weed eater boom lengths, etc.). Operators must wear appropriate eye and ear protection. Lifting. Proper lifting techniques must be utilized while working with equipment and waste. Do not overfill bags or over handle materials:� Use lifting equipment or a buddy when handling overweight or bulky items. R Medical Emergency: The following procedure is to be followed in the event of a medical Emergency. Employees will be provided mec�ical attention at no personal cost. Hospital : Phone: �� Directions from Job Site: Contact a Health Safety Coordinator Immediately. �� Injuries and Illnesses must be reported immediately. Please have injured prepare an Injury Report and Supervisor complete Accident Analysis. These documents must be turned in the following day. Report Near Miss Incidents to Health and Safety officer for analysis and correction. �k Eagle\Eagle3\Hasps\MiscHasp.doc r � I � � I � � � � ' I I � � � � � � Emergency Meeting Point: Identify an emergency riieeting location and/or a facility emergency evacuation plan and meeting point prior to commencement Chemical Hazard Data: Specific Information should be obtained from MSDS's from the manufacturer or from Chemical Data Bases. When mixtures occur, use mixture formulas for TWAs. ' _ � OSHA PEL: Vapor Pressure: � OSHA STEL: Ionization Potential: � NIOSH IDLH: Solubility�r � ACGIH TWA: NFPA : H= , F= , R=, � %LEL: %UEL: � Target Organs: � Odor Threshold: Odor: Routes of;Entry: �? Eagle\Eagle3\Hasps\MiscHasp.doc � �J � 0 I�l � L�J � ' � � L�J � ��J . a � 3.0 SPECIFICATIONS 3.1 SCOPE OF WORK � ,� . 3.1.1 Proiect Description: Providing the equipment, labor and materials necessary to remove five underground storage tanks at two different sites. Requirements include furnishing all labor, equipment and materials necessary to provide required documentation to State and Iocal officials, remove five USTs and associated piping, and backfill and compact the tankholds, and replace the top cover (concrete/asphalt) at each tankhold to at least pre- work status. Four USTs are located at Meacham Ai�port (near former Hangar 12N), 4201 N. Main Street (Mapsco 48P) and one UST is located at the Communications Building, 1519 11�' Avenue (Mapsco 76G). Meacham contains three approximateljr 9,000-gallon USTs and one approximately 4,000-gallon UST. The former contents of the Meacham Airport tanks are unknown but assumed to be a petroleum product and the USTs contents account for approximately less than 50% of the total�elJST capacity. The Meacham Airport USTs are located within 3 separate tankholds; two 9,000-gallon together, one 9,000-gallon alone, and one 4,000-gallon alone. The Communication Building contains one approximately 1,000-gallon UST that is full of Diesel �fuel. The Contractor is responsible for the proper removal and disposal of all fluids fromFthe USTs prior to removal. Additionally, the Contractor shall collect confirmation soil samples and groundwater samples (if encountered) in accordance with tank removal protocol. 3.1.2 Work Task Reauirements: The minimum set of work tasks includes the proper notification of authorities, excavation of 5 und�rground storage tanks (USTs) and associated piping, the removal of UST contents and proper disposal of them, the removal and disposal of 5 USTs and assqciated piping, backfill and compaction of tankholds, replacement of paved covering (to at least pre-work condition), and submittal of a report documenting site activities. These tasks are described in Sections 3.1.1 and Section 3.3. � 3.1.3 Proiect Schedule: The project schedule will be essentially the Contractor's Bid Document 2.6 modified, if required, during pre-award negotiations. The schedule will be incorporated into the final specifications as Schedule S-1 and issued with the final contract and Notice to Proceed. � The schedule shall show all major work tasks, entity perForming each task, duration of each task and cost of each task. The schedule must be submitted monthly during the project showing the plann�d work and the work accomplished. L�J a . � 3.1.4 Schedule Of Pavments: The schedule of paymenfs will be essentially the contra�tors Bid Document 2.7 modified, if required, during pre-award negotiations. This schedule will be incorporated into the final specifications as Schedule S-2 and issued with the final contract and Notice to Proceed. The Schedule of Payments shall list the name� of each work task, the name of the � deliverable document showing the completion of each task, labor cost, equipment cost, material cost, total� task cost, planned payment dates for each task, and the dollar amount � 3-1 � lJ � � � � u CI �J � '�l �■1 ��1 LJ � �� CsJ that would be remaining in the contract account following payment of each task. 3.1.5 Authorized Analvtical Laboratory: All samples� shall be submitted under a 24-hour Priority Turn Around to: Armstrong Forensic Laboratories 500 Loc' N Green Arlington, Texas 76012 The laboratory will pick up the samples from the Work Sites. All samples must be submitted on the Chain-of-Custody supplied with the Notice to Proceed and be signed by a City of Fort Worth Representative. ` 3.9.6 Contractor's Use Of Premises: Provider shall have access to tasked premises between the hours of 8am and 5pm unless the provider makes other provisions. . 3.1.7 Safetv Eauioment: Contractor will be responsible for establishing and maintaining a Health and Safety Program for this project. Safety{�quipment shall be installed to prevent the general public from having access to the project site and to assure safe operations during excavation and treatment. Equipment shall include, but not be limited to, fencing, barricades, and signs. Where work is done in or adjacent to any street, alley, or public pface, Confractor shall at his own expense fumish, erect, and maintain such barricades, fences, and fights and danger signals, and shafl take alf such other precaufionary 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 burr�ing light at each barricade. A sufficient number of barricades shall be erected and maintai�ed to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All such 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."] 3.1.8 Decontamination Facilities: Decontamination facilities shall be provided in accordance with the Contractor's Project Health & Safety Plan.� 3.1.9 Codes & StandBrds: The manufacture and installation of aboveground storage tank systems described in this section shall adhere to the following standards and regulatory requirements: .A. All applicable Federal, State, and local laws, regulations, and/or ordinances including but � not limited to: y .� 1. Texas Administrative Code (TAC) Title 30', Chapter 334. � I� 2. Code of Federal Regulations (CFR) Title 40, 3-2 � � � � � l� L�J fl � 3. Occupationai Safety and Health Standards, particularly Flammable and Combustibie Liquids, 29CFR 1910.106, Personal Protective Equipment 29CFR 1910 Subpart I, Excavations 29CFR 1926.650 Subpart P, U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), VI(sashington, D.C. s 4. City of Fort Worth applicable ordinances. In case of differences between building codes, state laws, local ordinances, utility company regulations, and contract documents, the most stringent shall govern. The codes and standards listed are the latest as of this p�ublication. Codes and standards are continuously updated. The Contractor shall confirm the c�onstruction standard edition enforced by �the authority having jurisdiction. The Contractor must comply with all applicable federal, state, and local laws, rules, and regulations. 3.1.10 Submittals: The following documents are required to monitor the progress of the work; � �. � � A. Construction Notifications in accordance with 30 TAC 334.6. B. UST Registrations in accordance with 30 TAC 334.7. a C. UST Removal Report. D. Correct and complete invoice(s). a3.2 PRODUCTS & MATERIALS: LJ l� � � l �J � 1■1 n � � 3.2.1 Products: No manufacturer's products are being specified for this project. 3.2.2 Materials: Contractor shall provide and maintain a sufficient quantity of the following materials to assure continuous and efficient work,throughout the project. The materials required under this contract include but are not limited to: � f: Polyethylene sheeting, six (6) mil thickness, UV resistant, on which to stockpile and cover excavated soils. Safety equipment — fencing, barricades, personal protective equipment (PPE), etc. C. Medical first aid equipment. D. Other critical or process equipment, as necessary. 3.3 EXECUTION: � . 3.3.1 Safetv Procedures: Contractor shall pay proper��attention to the safety of all personnel involved in the project. All operations must be pe�°rformed in a safe manner in accordance with all Federal, State, and local requirements. All of Contractor's personnel shall be trained in accordance with OSHA 29 CFR Part 1910.120 and in general first aid procedures. , Safety measures used at the site including, f�ncing, barricades, and signs shall be � 3-3 � ' � I�l I�J � I!I L! I � L�J l!1 � l� relocated as often as necessary to ensure safe operations. Eating, drinking, and smoking are strictly prohibited in the excavation area. Should a site evacuation be necessary, the Safetji Officer will be assigned the duty of alerting ori-site personnel. No person will be assigned to a task that requires the use of respiratory protection, until it is determined that he/she is physically capable of using such devices. This determination shall be made by a Physician. '"' , Contractor's Safety Officer shall have the authority to remove anyone from the sites and prohibit his/her reentry, should it be determined that the person threatens the site's safety and security. . Soil density and compaction testing is not included within the Armstrong submitted samples. The Contractor is required to make necessary arrangements for all testing of soils associated with the compaction. 3.3.2 Site Preparation: All safety equipment must be installed prior to the start of work. 3.3.3 Demolition: USTs and associated piping shall be disposed in accordance with Federal, State, and local requirements. 3.3.4 Work Tasks: The following work tasks shall be part of the tasks identified in the Cost Estimate portion of the Request for Proposal for each site. Task 1— File necessary documentation with Federal, State, and local authorities. Task 2— Establish and maintain necessary safet�Fprocedures. � �. Task 3— Excavate overburden and assess condition of UST(s) and piping. a Task 4— Remove contents of USTs and properly dispose of them. .� Task 5- Remove UST(s) and associated piping from the tankhold(s). lJ Task 6— Collect necessary samples from the tankhold(s). � Task 7— Backfill and compact the tankhold(s). " � Task 8- Resurface tankholds to at least pre-work surrounding conditions. � Task 9— Perform a final quality control check. 3.3.5 Backfill and Comoaction: Backfill shall be placec�k in layers not exceeding eight (8) inches � loose thickness and compacted by machine in 'accordance with the City of Fort Worth Stand Specifications for Street and Storm Drain Construction (CFWSS), Part 202. Each 3-4 � l� � � � � a a a 0 0 a a 0 a� 0 Q a 0 0 a � ., layer shall be compacted to at least 95 percent maximum density. A minimum of one (1) field density test per layer of backfill shall be performed. Field in-place density shall be determined in accordance with ASTM D-698. SCHEDULES: S-1 Final Project Schedule � �k S-2 Final Payment Schedule � 3-5 � � I � � � � � � I I � I � � ' ' � � 4.0 4.1 DRAWINGS � D RAW � N GS & DATA , �. 'r. �� 4-1 � {C � M�� c�fAM � iQ��o� �� ia� a�_ .�ZNJ y2 ( N. �r� 5 r � . 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' � - - - �-- .._ ; _ ; . . ..i --- ; � ; ! 1 , , � � � i { i . 1 ; i I i � ' � I , � � . , � � , , i , ` � . ` � i , : i i � � I i ' � � • • . . � . � � .. . . _. , . _ ... _. . . . _ --- - -- - ,. � � � ; ; � I � i . -- , ` � -- t ; � _ . i -� - - : -� ; � - . , i ' j � � i I I - ' -- - � � � � ' � ' ' - � ' �p��Gl -- ' - �i��--'��/G1 ' : . , � i � ; � � .- ; ; ; � . � : � ; ; J ; -- I- i � i ' i' I � I I i�. i i.,,. ..; � � i i 1 I, . , , . , . - - • - � • -- � - • - ---- � - -- � f : � ► � . � � . ; � � � ; � � � i i ; j � � � ; . �� i� ; � ' _ i ' � � . ; . : _._ : _ ; � � ..- ; - : _ � i --- ; --_ � . " ; _. � . , - i - : , . � . . � � . � � _. . � , , , , _ � , _. , . � . . �- . • • _ � � � , ��7 O C� C� C� � C� C7 � C7 � C]� C-7 i I City of Fort Worth, T�exas n►!IJ' Ayar And Caunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 10/12/99 **C-17689 80NORTH 2 of 2 SUBJECT AWARD OF CONTRACT TO PITTMAN CONSTRU TION, INC. FOR THE CONSTRUCTION OF PARK IMPROVEMENTS AT ARCADIA PARK NORTH It is recommended the base bids for Area Nos. 1 and 2 and bid alternate B-4 for additional walkways in Area 2 as submitted by Pittman Construction, Inc. in the amount of $311,302.75 be awarded. The contract time is 85 working days. Pittman Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 29% M/V1/BE participation on the base bid. The City's goal for this project is 17%. The project budget shall be as follows: Construction Contract Contingencies .D.O.E. Inspection (5%) Change Orders (3%) Total Construction Budget $311, 302.75 15,565.00 9.339.00 $336,206.75 The total annual operating impact for Arcadia Park North will be $45,785.96. The General Fund budget beginning Fiscal Year 2000-2001 will cover an amount of $21,851.65 for Area No. 1. The operating impact cost for Area No. 2 will be covered by Public Improvement District No. 6 for an amount of $23,934.31. This project is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as'appropriated, of the Grants Fund and the Parks and Community Services Improvement Fund. LW:k Submitted for City Manager's Office by: Libby Watson Originating Department Head: Richard Zavala Additional Information Contact: Richard Zavala FUND I ACCOUNT I CENTER I AMOUNT (to) G183 I � 5704 � (from) � GR76 � C181 5704 I � 541200 080306402m10 541200 080181046100 i � 1 $274,785.07 � $ 36,517.68 I CITY SECRETARY - APPR��E�? C1TY C�JUNCIL oCT�' 12 t999 , : �� ; �. i °a ¢{t� �crotarY ot tlfe, � �t� ot Fori Wo�rth, Tex�.a City of Fort Worth, Texas n►�Ayar And C,aunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 10/12/99 **C-17689 I 80NORTH 1 of 2 SUBJECT AWARD OF CONTRACT TO PITTMAN CONSTRUCTION, INC. FOR THE CONSTRUCTION OF PARK IMPROVEMENTS AT ARCADIA PARK NORTH RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contact with Pittman Construction, Inc. in the amount of $311,302.75 for the construction of park improvements at Arcadia Park North. DISCUSSION: On July 23, 1996 (M&C G-11542), the City Council authorized the submission of a grant application to the Texas Parks and Wildlife Depa�tment for the acquisition and development of Arcadia Park North. In January, 1997, the City was informed that the grant was accepted by the Texas Parks and Wildlife Commission at a total project cost of $550,000.00. The local share of 50% was to be derived from the donation of two separate tracts (Area Nos. 1 and 2) totaling 52.591 acres from Eastern Development, Ltd. and Pulte Homes, Inc., respectively, at a total appraised value of $275,000.00. The acquisition portion of this grant was completed in May, 1999 when the two tracts were deeded to the City and designated as a park. Appraisals and construction document development costs were paid for by each of the land donors. Carter and Burgess, Inc. prepared the construction documents, with subsequent review by both the Texas Parks and Wildlife Department and the City's Engineering Department. Area No. 1 improvements shall include a concrete trail, a playground, and picnic stations. Area No. 2 improvements shall include concrete trails, a playground, and a footbridge for neighborhood access. The low bid exceeded the Texas Parks and Wildlife Department grant amount of $275,000.00. The funding shortfall will be addressed through appropriated funds in the 1998 Capital Improvement Program-Developing Areas Fund. The appropriation of $30,000.00 for each tract is in accordance with department policy regarding first phase development of a site. BID TABULATION - On August 12, 1999, bids were received after advertisement on July 15 and 22, 1999. : �� - Pittman Construction. Inc. Eagleton Construction Randall & Blake, Inc. Northstar Construction M. A. Vinson Const. Co., Inc. Ed A. Wilson, Inc. Linder-Stahl Const. Co., Inc. Area No. 1 Base Bid $155.034.20 146,408.24 130,312.80 143, 964.00 149,119.00 155,124.00 187,005.20 Area No. 2 Base Bid $130.601.35 150,256.82 172,138.15 162,890.75 171,850.75 190,047.00 171, 922.00 Alt. No. B-4 (Area No.2) $25.667.20 15,474.36 22,273.70 20,978.00 19,127.00 26,222.50 33,688.20 1 • _ : � $311, 302.75 $312,139.42 $324,724.65 $327,832.75 $340,096.75 $371,393.50 $392,615.40 � � � � � � � I I � I I � � � � � � i November 1960 Revised November 1982 Revised May 1986 Revised October 1989 ; il � � � � � � � � 1 � � ' � � � � � � � Note: PERMANENT DEDICATION PLAQLi�°�(12"x �8") i . y. AIZCADIA PA,RI� SOUfiH DEVELOPMENT A TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROJECT SPONSORED BY TEXAS PARKS AND WILDLIFE DEPARTMENT . AND �' . CITY OF FORT ��C�RTH DEDICATED 1996 MAYOR CITY COUNC HEHBEi�S � ti � � � � BOB TERRELL CITY MANGER RICIiARD ZAVl�I.7� DIRECTOR, PARKS AND COMMUNITY SERVICES DEPARTMENT GARY L. SANTERRE DIRECTOR, TRANSPORTATION ArID;PUBLIC WORKS iF PARR ADVISORY SOARD � CHAIRMAN � LAND DEDIGATION HILLWOOD DEVELOPMENT CORPORATION WPC - BASSWOOD DEVELOPMENT CORPORATION LANASCAPE ARCHITECTS/BNGiNEERS CARTER & BURGESS, INC. Final names for plaque to be provided to contractor by City Parks and Community Servicea Department rior to fabrication. � � (Sign Size: 4' x 8') !k T�ORl1R7 lIf3N71GE � ARGDI71 P71RIC SOUT![ DEVEIAP1dENT � Th� Citl of �ort Worth Public Outdoor R�cr�atioa !it• 7lcquisitfon aad D��lopa�nt Proj�ct a with 1lssistanc• thraugh th• TEZ)IS RECRfJITIOlI �IND P7�R1CS 1►CCOUNT ]►daiaist�r�d bY th� T�zas Parks and wil if• Depaztaeat �uadiaa � 7' � y State of Texas 50� � S248,000 - k a Cit� of l�ort Worth S0� � 5248,000 � Total Projeet 5496,000 I.aadscap� llrchit�cts/Eaqia��rs: � a Cart�r i Surg�ss, Inc. C' C� l� � � � � t �'9 l� � � � City of For�t Wo�th, ;lexas � �✓�Aya�. c�nd C,c�unc�l . �& a�nm�n�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 10/26/99 **C-17721 , 52TANKS 1 of 2 SUBJECT AWARD CONTRACT TO EAG E CONSTRUCTION AND E VIRONMENTAL SERVICES, INC. FOR REMOVAL OF FIVE UNDERGROUIVD STORAGE TANKS - RECOMMENDATION: �4 � � . .,.$,��. It is recommended that the City Councii: ,4 �•�,�' 1. 2. ;� Approve the transfer of $32,607 ($29,643 plus a 10% contingency of $2,964) from the undesignated � account in the Environmental Management Operating Fund�to the five underground storage tank removal,�x� project in the Environmental Management Project Fund; and �"��` ��+ Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the� - Environmental Management Project Fund by $32,607 fro`m available funds; and Y�•,. 3. Authorize the City Manager to execute a�contract with Eagle Construction and Environmental, Inc. for the removal of five underground storage tanks at a cost of $29,643. DISCUSSION: The Department of Environmental Management issued a Request for Bids on August 12, 1999 for the furnishing of all labor, materials, and equipment necess'ary for removing four underground storage tanks at Meacham International Airport and one underground storage tank at the Communications Building, 1519-11th Avenue. � Bids were received on September 9, 1999 from seven companies. The apparent lower bidder did not submit all the required information and was considered non-responsive. BIDDER Trivental, Inc. , Eaale Construction and Environmental Services. Inc. Unified Services of Texas, Inc. � Laughlin Environmental, Inc. { TCM Contractors " � ' . Environmental Managers, Inc. � .Boots & Coots Special Services AMOUNT $23,100 29,643 38,615 40,347 41,058 48,143 60,335 DAYS 20 54 14 45 14 60 30 Eagle Construction and Environmental Services, Inc. is ir� compliance with the City's M/WBE Ordinance by committing to 10% M/VVBE participation. The City's goal on this project is 6%. +F i, � j City of Fo�t Worth, Texas �i►�Ayar Ani� �aunc�l Cammun�cAt�an DATE - REFERENCE NUMBER �OG NAME PAGE � 10/26/99 *�C-17721 52TANKS - 2 of 2 SUBJECT AWARD CONTRACT TO EAG E CONSTRUCTION AND E VIRONMENTAL SERVICES, INC. FOR REMOVAL OF FIVE UNDERGROUND STORAGE TANKS FISCAL iNFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be avaifable in the current capitai budget, as appropriated, of the Environmental Management Project Fund. . CB:k Submitted for City Manager's Office by: Chazles Boswell 8511 Originating Department Head: Brian Boemer Additional Information Contact: Brian Boemer 8079 I FUND I ACCOUNT I � (to) � 1 } R101 539120 2)R101 539120 2)R101 472103 � � (from) 1) R103 538070 3) R101 539120 8079 � CENTER � AMOUNT I 052200002000 $32,607.00 � 052200002000 $32,607.00 052200002000 $32,607.00 0521100 $32,607.00 I 052200002000 $32,607.00 1 CITY SECRETARY APPROVED C1TY COUNClL OCT 26 1999 �..��:�.�., Ctt� Secrotazy ot tIle Cit� oi Fort Worth, Tezas 0 n,�.,,,�,,,a n�a;..____. ., 9.,,....