HomeMy WebLinkAboutContract 50559 CITY SECRETARY �S
ORIGINA
CONTRACT W.
FFORT WORTH
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PROJECT MANUAL
��ysFc�� rH �4f� FOR
9RY THE CONSTRUCTION OF
REPAIR AND REPAINTING OF SEMINARY HILL AND WILLOW SPRINGS
ELEVATED TANKS
City Project No.100886
Betsy Price David Cooke
Mayor City Manager
Kara Shuror
Acting Water Director
Prepared for
The City of Fort Worth
DECEMBER 2017
By: Dunham Engineering, Inc.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/20/2018 - Ordinance No. 23119-02-2018 & Resolution
No. 4909-02-2018
DATE: Tuesday, February 20, 2018 REFERENCE NO.: **C-28588
LOG NAME: 60SHESANDWSCETREHAB-A&MCONST
SUBJECT:
Authorize Execution of a Contract with A&M Construction and Utilities, Inc., in the Amount of$1,495,200.00
for Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating Replacement of
the Willow Springs Elevated Storage Tank, Provide for Staff Costs and Contingencies for a Total Project
Amount of$1,917,758.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with
Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 4 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution expressing official Intent to Reimburse expenditures with proceeds of
future enterprise fund debt for Repair and Repainting of the Seminary Hill Elevated Storage Tank and
Interior Coating Replacement of the Willow Springs Elevated Storage Tank;
2. Adopt the attached Appropriation Ordinance reducing unallocated appropriations and increasing
appropriations for the Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior
Coating Replacement of the Willow Springs Elevated Storage Tank Project in the Water and Sewer
Commercial Paper Fund in the amount of$1,637,758.00; and
3. Authorize the execution of a contract with A&M Construction and Utilities, Inc., in the amount of
$1,495,200.00 for Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating
Replacement of the Willow Springs Elevated Storage Tank Project (City Project No. 100886).
DISCUSSION:
The Seminary Hill, 2 Million Gallon (2 MG) Elevated Storage Tank, located at 2700 W. Gambrell Street,
was built in 1947 and last rehabilitated in 1999. The Willow Springs Composite 2 MG Elevated Tank,
located at 2200 Avondale Haslet Road, was built in 2010. Both tanks provide potable water storage and
fire protection for areas in South and far North West Fort Worth respectively. The existing coating system
for both tanks is in need of replacement as required to protect the structural steel from erosion.
In February 2017, a Request for Qualifications (RFQ) was issued for several Water Department Projects
including the potable water Storage Tank Rehabilitation Project. In March 2017, a total of six proposals
were received from engineering consultants for the tank rehabilitation project. A Staff selection committee
recommended Dunham Engineering, Inc., to provide the necessary design services for the Seminary Hill
Elevated Storage Tank— Repair and Repainting. When a partial coating system failure occurred on the
interior of the Willow Springs Composite Elevated Storage Tank, this work was added to the project.
The project was advertised on December 7, 2017 and December 14, 2017, in the Fort Worth Star-
Telegram. On January 11, 2018, the following bids were received:
http://apps.cfwnet.org/ecouncil/printme.asp?id=25588&print=true&DoeType=Print 2/22/2018
BIDDER BID AMOUNT CONTRACT
A & M Construction Utilities, Inc. $1,495,200.00 240 calendar days
American Suncraft Co. $1,526,190.00
J. R. Stelzer Co. $1,558,600.00
N & G Painting $1,831,000.00
Horizon Brother Painting $2,064,300.00
Classic Protective Coatings $2,136,950.00
TMI Coating $2,250,000.00
Blastco Texas 1$2,352,000.00
In addition to the contract cost, $67,798.00 is required for staff project management and $74,760.00 is
provided for project contingencies.
Construction for repair and repainting of the Seminary Hill Elevated Storage Tank and interior coating
replacement of the Willow Springs Elevated Storage Tank project is one component of the overall project
that includes design, project management, material and contingencies. The overall project budget is
$1,917,758.00. Construction is expected to start in April 2018 and be completed by December 2018.
This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund.
Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation
authority authorized under the Callable Commercial Paper Program (CP)will be used to provide interim
financing for this project until debt is issued. To the extent resources other than the Water and Sewer
portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is
equivalent to the overall rate of return being earned by the City portfolio (currently approximately one-
percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-
term financing source, another funding source will be required, which could mean issuance of securities
under the CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned.
Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and
Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution.
The City Council adopted the Water Department's Fiscal Year 2018-2022 Five Year Capital Improvement
Plan on December 12, 2017, Mayor and Council Communication (M&C-19187). This City Council adopted
plan includes this specific project, with funding identified through the CP program to be reimbursed with
future revenue bonds. In accordance with the provisions of the Financial Management Policy Statement,
Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within
the next three years. This debt must be issued within approximately three years to provide reimbursement
for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt
debt and the funding source will have to be made whole through budgetary methods. Adoption of this
resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-
exempt bond proceeds.
This project will have no impact on the Water Department's operating budget.
M/WBE OFFICE-A&M Construction Utilities, Inc., is in compliance with the City's BDE Ordinance by
committing to five percent MBE participation. The City's MBE goal on this project is five percent.
Additionally,A&M Construction & Utilities, Inc., is a certified M/WBE firm.
The project is located within the City limits COUNCIL DISTICTS 4 and 7.
httD://a,Dps.cfwnet.ori/ecouncil/-Printme.as,D?id=25588&print=true&DoeTY13e=Print 2/22/2018
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the Water/Sewer Commercial Paper Fund for
Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating Replacement of
the Willow Springs Elevated Storage Tank Project. The Water and Sewer Commercial Paper Fund
includes authority of$150,000,000.00 for the purpose of providing interim funding for Water and Sewer
Capital Projects. After this transfer, the balance will be $100,067,840.00 for future capital projects.
Funding for Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating
Replacement of the Willow Springs Elevated Storage Tank project is depicted in the table below.
Fund Existing Additional Project
Appropriations Appropriations Total`
W&S Commercial Paper $0.00 $1,637,758.00 $1,637,758.00
Fund - 56014
Water and Sewer Bond $280,000.00 $0.00 $280,000.00
2017A Fund - 56011
Project Total $280,000.00 $1,637,758.00 $1,917,758.00
*Numbers rounded for presentation purposes.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference# moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department{-lead: Kenneth Morgan (8246)
Additional Information Contact: Dena Johnson (7866)
ATTACHMENTS
1. 60SHESANDWSCETREHAB-A&MCONST 60 AO 18.docx (Public)
2. 60SHESANDWSCETREHAB-AMCONST 1295.pdf (Public)
3. 60SHESANDWSCETREHAB-AMCONST Compliance Memo.pd (CFW Internal)
4. 60SHESANDWSCETREHAB-AMCONST FID Table (Dan).docx (CFW Internal)
5. 60SHESANDWSCETREHAB-AMCONST Map 1.pdf (Public)
6. 60SHESANDWSCETREHAB-AMCONST Map 2.pdf (Public)
7. 60SHESANDWSCETREHAB-AMCONST REIMB RESOLUTION (002)r.docx (Public)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=25588&print=true&DocType=Print 2/22/2018
8. 60SHESANDWSCETREHAB-AMCONST SAM.pdf (CFW Internal)
httD://apps.cfwnet.orp/ecouncil/Drinttnc.aSD?id=25588&print—true&DOCTvDe=Print 2/22/2018
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos.l-4 and 6 if there are interested panties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-302721
A&M CONSTRUCTION AND UTILITIES, INC.
ROWLETT,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/16/2018
being filed.
CITY OF FORT WORTH Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
100886
REHABILITATE AND REPAINT ELEVATED WATER TANKS
Nature of interest
4
Name of Interested Parry City,State,Country(place of business) (check applicable)
Controlling Intermediary
A&M CONSTRUCTION AND UTILITIES INC ROWLETT,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is r o w_ and my date of birth is 5r
My address is U(c+2 Z �4 rw►m� ST• t r' ' 7sz 4
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in �A i(�S on the 16tday of 20 f8
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*0. ¢4 My N ryID# 517 12 (110fn') (year)
Exp'es Janua
Si attire of au orized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337
FORTWORTH.
City of Fort Worth
Standard Construction Specification
Documents
Adopted September 2011
00 00 00-1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page I of 2
SECTION 00 00 00
TABLE OF CONTENTS
Division 00- General Conditions
0005 10 Mayor and Council Communication
0005 15 Addenda
00 11 13 Invitation to Bidders
0021 13 Instructions to Bidders
0035 13 Conflict of Interest Affidavit
00 41 00 Bid Form
00 42 43 Proposal Form Unit Price
0043 13 Bid Bond
00 43 37 Vendor Compliance to State Law Nonresident Bidder
0045 11 Bidders Prequalifications
0045 12 Prequalification Statement
0045 13 Bidder Prequalification Application
00 45 26 Contractor Compliance with Workers'Compensation Law
00 45 40 Minority Business Enterprise Goal
00 45 41 Small Business Enterprise Goal
00 52 43 Agreement
0061 13 Performance Bond
0061 14 Payment Bond
0061 19 Maintenance Bond
0061 25 Certificate of Insurance
00 72 00 General Conditions
00 73 00 Supplementary Conditions
Division 01 -General Requirements
01 1100 Summary of Work
01 2500 Substitution Procedures
01 31 19 Preconstruction Meeting
01 3120 Project Meetings
01 32 16 Construction Progress Schedule
01 33 00 Submittals
01 4523 Testing and Inspection Services
01 5000 Temporary Facilities and Controls
01 58 13 Temporary Project Signage
01 6000 Product Requirements
01 6600 Product Storage and Handling Requirements
01 70 00 Mobilization and Remobilization
01 74 23 Cleaning
01 77 19 Closeout Requirements
01 7839 Project Record Documents
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Project Number 100886
000000-2
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 2
Division 13—Special Construction
13 02 00 Water Storage Tank Rehabilitation
Appendix
A Engineer's Reports of Inspection
B Maps to Site
C Drawings&Details
END OF SECTION
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Project Number 100886
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MAYOR AND COUNCIL COMMUNICATION(M&C)
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CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
0005 15-1
ADDENDA
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1 SECTION 00 0515
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CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
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12815 FM 2154,Suite 150 DUNHAM Phone:(979)690-6555
College Station,TX 77845-3981 Fax:(979)690-7034
www.DunhamEngineering.com ENGINEERING TX Registration#:F-2253
Inspection. Design. Results.
Addendum No. 1
Repair and Repainting of Seminary Hill& Willow Springs Elevated Tanks
City Project No. 100886
City of Fort Worth
Fort Worth,Texas
December 19,2017
The following additions,deletions,changes or clarifications are hereby made a part of the Contract
Documents and Technical Specifications for the above referenced project as fully and as
completely as though the same were included therein.
1. The Engineer's estimate of probable construction cost(EOPCC)was provided at the pre-bid
meeting held December 18,2017. The estimate is as follows:
a. Unit I- Seminary Hill Bid Items $1,450,000
b. Unit II-Willow Springs Bid Items $ 400,000
c. Alternate Bid Items $ 50,000
d. TOTAL $1,900,000
2. Work on the Seminary Hill Elevated Tank shall begin no earlier than October 1,2018, and no
later than November 1, 2018. The work shall then be substantially completed within 150
days.
3. All of the ladders on the Seminary Hill Elevated Tank shall have the safety-climb devices
(SCDs)removed and replaced with new Rigid Rail Climbing Systems provided by French
Creek Production, or equal. Exterior and interior-dry-area SCDs shall be made of aluminum,
French Creek Production model number 1-1100-AR, Interior-wet-area SCDs shall be made
of stainless steel,French Creek Production model number 1-1105-SS. Provide two trolleys
and climbing harnesses for each SCD.
No other changes are made to the Bid Documents at this time.
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12815 FM 2154,Suite 150 DUNHAM Phone:(979)690-6555
College Station,TX 77845-3981 Fax:(979)690-7034
www.DunhannEngineering.com ENGINEERING TX Registration#:F-2253
Inspection. Design. Results.
Addendum No.2
Repair and Repainting of Seminary Hill &Willow Springs Elevated Tanks
City Project No. 100886
City of Fort Worth
Fort Worth,Texas
December 26,2017
The following additions,deletions,changes or clarifications are hereby made a part of the Contract
Documents and Technical Specifications for the above referenced project as fully and as
completely as though the same were included therein.
1. The attached MWBE forms are hereby included and made a part of the Contract Documents.
The MBE goal for the project is 5%.
No other changes are made to the Bid Documents at this time.
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FORT WORTH
City of Fort Worth
Minority Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR OFFERORS
APPLICATION OF POLICY
If the total dollar value of the contract is$50,000 or more,then a MBE subcontracting goal is a plicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises
(MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current
Business Diversity Enterprise Ordinance applies to this bid.
MBE PROJECT GOALS
The City's MBE goal on this project is 5 %of the base bid value of the contract.
Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a
MBE Utilization Form and a SBE Utilization Form to be deemed responsive.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with
the intent of the City's Business Diversity Enterprise Ordinance by one of the following:
1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or
2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or;
3. Good Faith Effort documentation,or;
4. Prime Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Purchasing Division, within the following times allocated, in order
for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in
person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be
evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be
accepted.
1. Subcontractor Utilization Form,if goal is received no later than 2:00 p.m., on the second City business day
met or exceeded: after the bid opening date,exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day
Utilization Form, if participation is less than after the bid opening date,exclusive of the bid opening date.
statedgoal:
3. Good Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business day
Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day
perform all subcontracting/supplier work: after the bid opening date,exclusive of the bid opening date.
5. Joint Venture Form, if goal is met or received no later than 2:00 p.m., on the second City business day
exceeded: after the bid opening date, exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN
THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A
PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION
PERIOD OF THREE YEARS.
Any questions, please contact the M/WBE Office at(817)212-2674.
Rev.2/10/15
ATTACHMENT 1C
Page 1 of 4
FORT WORTH City of Fort Worth
Minority Business Enterprise
MBE Good Faith Effort Form
OFFEROR COMPANY NAME: Check applicable block to describe
Offeror
PROJECT NAME:
M/W/DBE NON-M/W/DBE
BID DATE
City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER
%
If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this
form.
If the Offeror's method of compliance with the MBE goal is based upon demonstration of a
"good faith effort", the Offeror will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 11 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation of the facts or intentional discrimination by the Offeror.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive
of bid opening date,will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this
project, regardless of whether it is to be provided by a MBE or non-MBE. (DO NOT LIST NAMES OF
FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity
regardless of tier.
(Use additional sheets, if necessary)
List of Subcontracting Opportunities List of Supplier Opportunities
Rev.2/10/15
ATTACHMENT 1C
Page 2 of 4
2.) Obtain a current(not more than two (2) months old from the bid open date) list of MBE subcontractors
and/or suppliers from the City's M/WBE Office.
Yes Date of Listing I I
No
3.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened?
Yes (If yes,attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.)
No
4.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are
opened?
Yes (If yes,attach list to include name of MBE firm, ea rson contacted,phone number and date and time of contact.)
No
5.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by facsimile(fax), exclusive of the day the bids are
opened?
Yes (If yes,attach list to include name of MBE firm,fax number and date and time of contact. In addition,if the fax is
returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the
facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation"
documentation may render the GFE non-responsive.)
No
6.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by email,exclusive of the day the bids are opened?
Yes (If yes,attach email confirmation to include name of MBE firm,date and time.In addition,if an email is returned
as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for
proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may
render the GFE non-responsive.)
No
NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method
must be applied to the applicable contract. The Offeror must document that either at least two attempts
were made using two of the four methods or that at least one successful contact was made using one of
the four methods in order to be deemed responsive to the Good Faith Effort requirement.
F
OTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier
pportunity to be in compliance with questions 3 through 6.
7.) Did you provide plans and specifications to potential MBEs?
Yes
No
8.) Did you provide the information regarding the location of plans and specifications in order to assist
the MBEs?
Yes
No
Rev.2110/15
ATTACHMENT 1C
Page 3 of 4
9.) Did you prepare a quotation for the MBEs to bid on goods/services specific to their skill set?
Yes (If yes,attach all copies of quotations.)
No
10.) Was the contact information on any of the listings not valid?
Yes (If yes,attach the information that was not valid in order for the M/WBE Office to address the corrections
needed.)
No
11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the
forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting
documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute
concerning quotes, the Offeror will provide for confidential in-camera access to an inspection of any
relevant documentation by City personnel.
Please use additional sheets, if necessary,and attach.
Company Name Telephone Contact Person Scope of Work Reason for Rejection
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
MBE participation on this project.
The Offeror further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The Offeror 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 on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance shall create a material breach of
contract and may result in a determination of an irresponsible Offeror and debarment
from participating in City work for a period of time not less than one (1) year.
Rev.2110/15
ATTACHMENT 1C
Page 4 of 4
The undersigned certifies that the information provided and the MBE(s) listed was/were
contacted in good faith. It is understood that any MBE(s) listed in Attachment 1C will be
contacted and the reasons for not using them will be verified by the City's M/WBE
Office.
Authorized Signature Printed Signature
Title Contact Name and Title(if different)
Company Name Phone Number Fax Number
Address Email Address
City/State/Zip Date
Rev.2/10/15
Joint Venture
FORT WORTH Page 1 of 3
CITY OF FORT WORTH
MBE Joint Venture Eligibility Form
All questions must be answered;use"NIA"if not applicable-
Name
pplicableName of City project:
A joint venture form must be completed on each project
UP/Bid/Purchasing Number:
1.Joint venture information:
Joint Venture Name:
Joint Venture Address:
(If applicable)
Telephone: Facsimile: E-mail address:
Cellular:
Identify the firms that comprise the joint venture:
Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the
join t venture
MBE firm Non-MBE firm
name: name:
Business Address: Business Address:
City,State,Zip: City,State,Zip:
Telephone Facsimile E-mail Telephone Facsimile
Cellular Cellular
Certification Status: E-mail address
Name of Certifying Agency:
2. Scope of work performed by the Joint Venture:
Describe the scope of work of the MBE: Describe the scope of work of the non-MBE:
Rev.2/10/15
Joint Venture
Page 2 of 3
3.What is the percentage of MBE participation on this joint venture that you wish to be counted toward
meeting the project goal?
4.Attach a copy of the joint venture agreement.
5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement)
Profit and loss sharing:
Capital contributions,including
equipment:
Other applicable ownership interests:
6. Identify by name, race,seg and firm those individuals(with titles)who are responsible for the day-to-day
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
Management decisions:
a. Estimating
--------------------------------
b. Marketing and Sales
-------------------------------------------------------------
c. Hiring and Firing of management
personnel
------------------------------------------------------
d. Purchasing of major equipment
and/or supplies
Supervision of field operations
The City's Minority and Women Business Enterprise Office will review your joint venture submission and
will have final approval of the MBE percentage applied toward the goal for the project listed on this form.
NOTE:
From and after the date of project award, if any of the participants, the individually defined scopes of work or
the dollar amounts/percentages change from the originally approved information, then the participants must
inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a
material breach of contract and may result in debarment in accord with the procedures outlined in the City's
BEE Ordinance.
Rev.2/10/15
Joint Venture
Page 3 of 3
AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material information
necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall
agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments
herein.
The City also reserves the right to request any additional information deemed necessary to determine if the joint
venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds
for termination of the eligibility process.
The undersigned agree to permit audits, interviews with owners and examination of the books, records and files
of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this
provision shall result in the termination of any contract, which may be awarded under the provisions of this joint
venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false
statements or willful misrepresentation of facts.
-----------------------------------------------------------------------------------------------------------
Name of MBE firm Name of non-MBE firm
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Title Title
Date Date
Notarization
State of County of
On this day of 20 before me appeared
and
to me personally known and who, being duly sworn,did execute the foregoing affidavit and did state that they were
properly authorized to execute this affidavit and did so as their free act and deed.
Notary Public
Print Name
Notary Public
Signature
Commission Expires (seaq
Rev.2/10/15
ATTACHMENT 1B
FORT WORTH Page 1 of 1
City of Fort Worth
Minority Business Enterprise Specifications
Prime Contractor Waiver Form
OFFEROR COMPANY NAME: Check applicable block to describe prime
PROJECT NAME:
M/W/DBE NON-MAW/DBE
BID DATE
City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER
If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on
this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is
NO,then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2:00
p.m.,on the second City business day after bid opening,exclusive of the bid opening date,will result in
the bid being considered non-responsive to bid specifications.
Will you perform this entire contract without subcontractors? YES
If yes, please provide a detailed explanation that proves based on the size and scope of this NO
project, this is your normal business practice and provide an operational profile of your business.
Will you perform this entire contract without suppliers? YES
If yes, please provide a detailed explanation that proves based on the size and scope of this
project,this is your normal business practice and provide an inventory profile of your business. NO
The Offeror further agrees to provide, directly to the City upon request, complete and accurate information
regarding actual work performed by all subcontractors, including MBE(s) on this contract, the payment thereof and
any proposed changes to the original MBE(s) arrangements submitted with this bid. The Offeror 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 MBEs on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local
laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract
and may result in a determination of an irresponsible Offeror and barred from participating in City work for a
period of time not less than one (1) year.
Authorized Signature Printed Signature
Title Contact Name(if different)
Company Name Phone Number Fax Number
Address Email Address
City/State/Zip Date
Rev.2/10/15
ATTACHMENT 1A
Page 1 of 4
Fo—R1,WO�RTH City of Fort Worth
Minority Business Enterprise
MBE Subcontractors/Suppliers Utilization Form
OFFEROR COMPANY NAME: Check applicable block to describe
Offeror
PROJECT NAME:
ffMIW/DBE11 NON-MAN/DBE
BID DATE
City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing
Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date,
will result in the bid being considered non-responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being
considered non-responsive to bid specifications.
MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of
bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic
area of Tarrant Dallas Denton Johnson Parker, and Wise counties.
Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of
subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a
subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2nd tier. The prime
contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and
counting those dollars towards meeting the contract committed goal.
ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority
business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that
the City may deem appropriate and accepted by the City of Fort Worth.
If hauling services are utilized, the Offeror will be given credit as long as the MBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease
trucks from another MBE firm, including MBE owner-operated, and receive full MBE credit. The MBE may
lease trucks from non-MBEs, including owner-operated, but will only receive credit for the fees and
commissions earned by the MBE as outlined in the lease agreement.
Rev.2/10/15
FORTWORTH ATTACHMENT 1A
Page 2 of 4
Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be
listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal.
NCTRCA N
SUBCONTRACTORISUPPLIER °
Company Name T n Detail Detail
Address i Subcontracting Supplies
Telephone/Fax ' B B B Work Purchased Dollar Amount
Email E E
Contact Person E
El
El
El
El El
El
Rev.2/10/15
FORT WORTH ATTACHMENT 1A
Page 3 of 4
Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be
listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal.
NCTRCA N
SUBCONTRACTOR/SUPPLIER °
Company Name T n Detail Detail
Address i Subcontracting Supplies
M W Dollar Amount
Telephone/Fax e B B B Work Purchased
Email E E
Contact Person E
0 0
0 0
0 0
0 0
0 0
Rev.2/10/15
FORT WORTH ATTACHMENT 1A
Page 4 of 4
Total Dollar Amount of MBE Subcontractors/Suppliers $
Total Dollar Amount of Non-MBE Subcontractors/Suppliers $
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $
The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the
Minority and Women Business Enterprise Office through the submittal of a Request for Approval o
Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result
in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed
explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail
explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror 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
any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any
books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with
owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that
will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee
of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract
or debarment from City work for a period of not less than three (3) years and for initiating action under Federal,
State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material
breach of the contract and may result in a determination of an irresponsible Offeror and debarment from
participating in City work for a period of time not less than one (1) year.
Authorized Signature Printed Signature
Title Contact Name/Title(if different)
Company Name Telephone and/or Fax
Address E-mail Address
City/State/Zip Date
Rev.2/10/15
12815 FM 2154,Suite 150 DUNHAM Phone:(979)690-6555
College Station,TX 77845-3981 Fax:(979)690-7034
www.DunhamEngineering.com ENGINEERING TX Registration#:F-2253
Inspection. Design. Results.
Addendum No.3
Repair and Repainting of Seminary Hill&Willow Springs Elevated Tanks
City Project No. 100886
City of Fort Worth
Fort Worth,Texas
January 10, 2018
The following additions,deletions,changes or clarifications are hereby made a part of the Contract
Documents and Technical Specifications for the above referenced project as fully and as
completely as though the same were included therein.
1. All bids shall be delivered to City of Fort Worth Purchasing Division, 200 Texas Street, Fort
Worth, Texas, 76102.
a. All references to 1000 Throckmorton Street are erroneous and hereby replaced with
200 Texas Street.
No other changes are made to the Bid Documents at this time.
11
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THIS PAGE INTENTIONALLY LEFT BLANK
001113-1
INVITATION TO BIDDERS
Page 1 of 2
1 SECTION 00 11 13
2 INVITATION TO BIDDERS
3 RECEIPT OF BIDS
4 Sealed bids for the construction of Repair&Repainting of Seminary Hill and Willow Springs
5 Elevated Tanks will be received by the City of Fort Worth Purchasing Office:
6
7 City of Fort Worth
8 Purchasing Division
9 200 Texas Street
10 Fort Worth,Texas 76102
11 until {1:30 P.M. CST, Thursday,January 11, 20181, and bids will be opened publicly and
read 12 aloud at 2:00 PM CST in the Council Chambers.
13
14 GENERAL DESCRIPTION OF WORK
15 The major work will consist of the(approximate)following: Interior and exterior coating
16 replacement and miscellaneous structural repairs for the Seminary Hill water storage tank located
17 at Stephens Park,Fort Worth, Texas.As well as, interior coating replacement and miscellaneous
18 structural repairs for the Willow Springs water storage tank located at 2249 Avondale Haslet Rd.,
19 Haslet,Texas
20
21 PREQUALIFICATION
22 The improvements included in this project must be performed by a contractor who is pre-
23 qualified by the City at the time of bid opening. The procedures for qualification and pre-
24 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS.
25
26 DOCUMENT EXAMINATION AND PROCUREMENTS
27 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
28 of Fort Worth's Purchasing Division website at http://www.fortworthgov.ory/purchasingz and
29 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The
30 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or
31 suppliers. The contractor is required to fill out and notarize the Certificate of Interested
32 Parties Form 1295 and the form must be submitted to the Project Manager before the
33 contract will be presented to the City Council.The form can be obtained at
34 httt)s://www.ethics.state.tx.us/tec/1295-Info.htm .
35
36 PREBID CONFERENCE
37 A non-mandatory prebid conference will be held as described in Section 00 21 13 -
38 INSTRUCTIONS TO BIDDERS at the following location, date,and time:
39 DATE: December 18, 2017
40 TIME: 10:00 AM
41 PLACE: Holly Water Treatment Plant
42 1501 11P'Avenue
43 Fort Worth, Texas 76012
44 LOCATION: Production SCADA Conference Room
45
46 CITY'S RIGHT TO ACCEPT OR REJECT BIDS
47 City reserves the right to waive irregularities and to accept or reject bids.
48
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Revised December 23,2015 Project Number 100886
001113-2
INVITATION TO BIDDERS
Page 2 of 2
1 INQUIRIES
2 All inquiries relative to this procurement should be addressed to the following:
3 Attn: Dena Johnson, P.E.,City of Fort Worth
4 Email: dena johnson(kfortworthtexas.gov
5 Phone: 817-392-7866
6 AND/OR
7 Attn: Travis Tatum, P.E.;Dunham Engineering, Inc.
8 Email: Travis@DunhamEngineering.com
9 Phone: 979-690-6555
10
11 ADVERTISEMENT DATES
12 December 7, 2017
13 December 14, 2017
14
15 END OF SECTION
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Revised December 23,2015 Project Number 100886
0021 13-1
INSTRUCTIONS TO BIDDERS
Page 1 of 10
1 SECTION 00 2113
2 INSTRUCTIONS TO BIDDERS
3 1. Defined Terms
4
5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72
6 00-GENERAL CONDITIONS.
7
8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the
9 meanings indicated below which are applicable to both the singular and plural thereof.
10
11 1.2.1. Bidder: Any person, firm,partnership, company, association, or corporation acting
12 directly through a duly authorized representative, submitting a bid for performing
13 the work contemplated under the Contract Documents.
14
15 1.2.2. Nonresident Bidder: Any person, firm,partnership, company, association, or
16 corporation acting directly through a duly authorized representative,submitting a
17 bid for performing the work contemplated under the Contract Documents whose
18 principal place of business is not in the State of Texas.
19
20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City
21 (on the basis of City's evaluation as hereinafter provided)makes an award.
22
23 2. Copies of Bidding Documents
24
25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations
26 resulting from the Bidders use of incomplete sets of Bidding Documents.
27
28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the
29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant
30 for any other use.
31
32 3. Prequalification of Bidders (Prime Contractors and Subcontractors)
33
34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types
35 requiring prequalification at the time of bidding. Bids received from contractors who are
36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification
37 requirement work types and documentation are as follows:
38
39 3.1.1. Paving—Requirements document located at;
40 https://projectpoint.buzzsaw.com/fortworthyov/Resources/02%20-
41 %20Construction%2ODocuments/Contractor%2OPrequalification/TP W%2OPgying
42 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ
43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public
44
45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at;
46 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02%20-
47 %20Construction%o2ODocuments/Contractor%2OPrequalification/TPW%2OPaving
48 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ
49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
0021 13-2
INSTRUCTIONS TO BIDDERS
Page 2 of 10
1
2 3.1.3. Water and Sanitary Sewer—Requirements document located at;
3 https://projeMoint.buzzsaw.com/fortworthyov/Resources/02%20-
4 %20Construction%2ODocuments/Contractor%2OPrequalificationfWater%2Oand%2
5 OSanitarv%2OSewer%2OContractor%2OPrequalification%2OProaram/WSS%2Opre
6 qual%20requirements.doc?public
7
8
9 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within
10 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00
11 45 11,BIDDERS PREQUALIFICATIONS.
12
13 3.2.1. Submission of and/or questions related to prequalification should be addressed to
14 the City contact as provided in Paragraph 6.1.
15
16
17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low
18 bidder(s)for a project to submit such additional information as the City,in its sole
19 discretion may require,including but not limited to manpower and equipment records,
20 information about key personnel to be assigned to the project,and construction schedule,
21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to
22 deliver a quality product and successfully complete projects for the amount bid within
23 the stipulated time frame. Based upon the City's assessment of the submitted
24 information,a recommendation regarding the award of a contract will be made to the
25 City Council. Failure to submit the additional information,if requested,may be grounds
26 for rejecting the apparent low bidder as non-responsive.Affected contractors will be
27 notified in writing of a recommendation to the City Council.
28
29 3.4.In addition to prequalification,additional requirements for qualification may be required
30 within various sections of the Contract Documents.
31
32 3.5.Special qualifications required for this project include the following:All contractors must
33 receive a special pre-qualification to bid on water storage tank rehabilitation projects. The City
34 will accept previous special prequalification approvals from the last two years from the following
35 firms:
36 American Suncraft Co.
37 J.R. Stelzer Co.
38 N.G.Painting
39 Blastco
40 TMI Coatings
41 A&M Construction and Utilities
42 Classic Protective Coatings
43
44 All other firms wishing to bid on this project must submit a special pre-qualification
45 packet,in accordance with Section 00 45 11 "Bidders Pre-Qualifications".
46
47 4. Examination of Bidding and Contract Documents,Other Related Data,and Site
48
49 4.1.Before submitting a Bid,each Bidder shall:
50
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
0021 13-3
INSTRUCTIONS TO BIDDERS
Page 3 of 10
1 4.1.1. Examine and carefully study the Contract Documents and other related data
2 identified in the Bidding Documents(including"technical data"referred to in
3 Paragraph 4.2.below).No information given by City or any representative of the
4 City other than that contained in the Contract Documents and officially
5 promulgated addenda thereto, shall be binding upon the City.
6
7 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and
8 site conditions that may affect cost,progress,performance or furnishing of the
9 Work.
10
11 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,
12 progress,performance or furnishing of the Work.
13
14 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or
15 contiguous to the Site and all drawings of physical conditions relating to existing
16 surface or subsurface structures at the Site(except Underground Facilities)that
17 have been identified in the Contract Documents as containing reliable "technical
18 data"and(ii)reports and drawings of Hazardous Environmental Conditions,if any,
19 at the Site that have been identified in the Contract Documents as containing
20 reliable "technical data."
21
22 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of
23 the information which the City will furnish.All additional information and data
24 which the City will supply after promulgation of the formal Contract Documents
25 shall be issued in the form of written addenda and shall become part of the Contract
26 Documents just as though such addenda were actually written into the original
27 Contract Documents.No information given by the City other than that contained in
28 the Contract Documents and officially promulgated addenda thereto,shall be
29 binding upon the City.
30
31 4.1.6. Perform independent research,investigations,tests,borings,and such other means
32 as may be necessary to gain a complete knowledge of the conditions which will be
33 encountered during the construction of the project. On request,City may provide
34 each Bidder access to the site to conduct such examinations, investigations,
35 explorations,tests and studies as each Bidder deems necessary for submission of a
36 Bid. Bidder must fill all holes and clean up and restore the site to its former
37 conditions upon completion of such explorations,investigations,tests and studies.
38
39 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the
40 cost of doing the Work,time required for its completion,and obtain all information
41 required to make a proposal.Bidders shall rely exclusively and solely upon their
42 own estimates, investigation,research,tests,explorations,and other data which are
43 necessary for full and complete information upon which the proposal is to be based.
44 It is understood that the submission of a proposal is prima-facie evidence that the
45 Bidder has made the investigation,examinations and tests herein required.Claims
46 for additional compensation due to variations between conditions actually
47 encountered in construction and as indicated in the Contract Documents will not be
48 allowed.
49
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
0021 13-4
INSTRUCTIONS TO BIDDERS
Page 4 of 10
1 4.1.8. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or
2 between the Contract Documents and such other related documents.The Contractor
3 shall not take advantage of any gross error or omission in the Contract Documents,
4 and the City shall be permitted to make such corrections or interpretations as may
5 be deemed necessary for fulfillment of the intent of the Contract Documents.
6
7 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of:
8
9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to
10 the site which have been utilized by City in preparation of the Contract Documents.
1 1 The logs of Soil Borings, if any, on the plans are for general information only.
12 Neither the City nor the Engineer guarantee that the data shown is representative of
13 conditions which actually exist.
14
15 4.2.2. those drawings of physical conditions in or relating to existing surface and
16 subsurface structures(except Underground Facilities)which are at or contiguous to
17 the site that have been utilized by City in preparation of the Contract Documents.
18
19 4.2.3. copies of such reports and drawings will be made available by City to any Bidder
20 on request. Those reports and drawings may not be part of the Contract
21 Documents, but the "technical data" contained therein upon which Bidder is entitled
22 to rely as provided in Paragraph 4.02. of the General Conditions has been identified
23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
24 responsible for any interpretation or conclusion drawn from any "technical data" or
25 any other data, interpretations, opinions or information.
26
27 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i)
28 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without
29 exception the Bid is premised upon performing and furnishing the Work required by the
30 Contract Documents and applying the specific means,methods,techniques, sequences or
31 procedures of construction(if any)that may be shown or indicated or expressly required
32 by the Contract Documents, (iii)that Bidder has given City written notice of all
33 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the
34 written resolutions thereof by City are acceptable to Bidder, and when said conflicts,
35 etc.,have not been resolved through the interpretations by City as described in
36 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate
37 and convey understanding of all terms and conditions for performing and furnishing the
38 Work.
39
40 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated
41 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by
42 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract
43 Documents.
44
45 5. Availability of Lands for Work, Etc.
46
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
002113-5
INSTRUCTIONS TO BIDDERS
Page 5 of 10
1 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for
2 access thereto and other lands designated for use by Contractor in performing the Work
3 are identified in the Contract Documents. All additional lands and access thereto
4 required for temporary construction facilities,construction equipment or storage of
5 materials and equipment to be incorporated in the Work are to be obtained and paid for
6 by Contractor. Easements for permanent structures or permanent changes in existing
7 facilities are to be obtained and paid for by City unless otherwise provided in the
8 Contract Documents.
9
10 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed
11 in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right-
12 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel
13 the award of contract at any time before the Bidder begins any construction work on the
14 project.
15
16 5.3. The Bidder shall be prepared to commence construction without all executed right-of-
17 way,easements,and/or permits,and shall submit a schedule to the City of how
18 construction will proceed in the other areas of the project that do not require permits
19 and/or easements.
20
21 6. Interpretations and Addenda
22
23 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to
24 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions
25 received after this day may not be responded to. Interpretations or clarifications
26 considered necessary by City in response to such questions will be issued by Addenda
27 delivered to all parties recorded by City as having received the Bidding Documents.
28 Only questions answered by formal written Addenda will be binding. Oral and other
29 interpretations or clarifications will be without legal effect.
30
31 Address questions to:
32
33 City of Fort Worth
34 200 Texas Street
35 Fort Worth,TX 76102
36 Attn: Dena Johnson, City of Fort Worth Water Department
37 Email:dena.johnson@fortworthtexas.gov
fortworthtexas.gov
38 Phone:817-392-7866
39
40
41 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by
42 City.
43
44 6.3.Addenda or clarifications may be posted via Buzzsaw.
45
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
002113-6
INSTRUCTIONS TO BIDDERS
Page 6 of 10
1 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or
2 INVITATION TO BIDDERS. Representatives of City will be present to discuss the
3 Project. Bidders are encouraged to attend and participate in the conference. City will
4 transmit to all prospective Bidders of record such Addenda as City considers necessary
5 in response to questions arising at the conference. Oral statements may not be relied
6 upon and will not be binding or legally effective.
7
8 7. Bid Security
9
10 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five
11 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting
12 the requirements of Paragraphs 5.01 of the General Conditions.
13
14 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award
15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete
16 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in
17 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited.
18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all
19 other Bidders whom City believes to have a reasonable chance of receiving the award
20 will be retained by City until final contract execution.
21
22 8. Contract Times
23 The number of days within which,or the dates by which,Milestones are to be achieved in
24 accordance with the General Requirements and the Work is to be completed and ready for
25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the
26 attached Bid Form.
27
28 9. Liquidated Damages
29 Provisions for liquidated damages are set forth in the Agreement.
30
31 10. Substitute and "Or-Equal" Items
32 The Contract,if awarded,will be on the basis of materials and equipment described in the
33 Bidding Documents without consideration of possible substitute or"or-equal" items.
34 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or-
35 equal" item of material or equipment may be furnished or used by Contractor if acceptable to
36 City,application for such acceptance will not be considered by City until after the Effective
37 Date of the Agreement. The procedure for submission of any such application by Contractor
38 and consideration by City is set forth in Paragraphs 6.05A., 6.05B.and 6.05C.of the General
39 Conditions and is supplemented in Section 01 25 00 of the General Requirements.
40
41 11. Subcontractors,Suppliers and Others
42
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
002113-7
INSTRUCTIONS TO BIDDERS
Page 7 of 10
1 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020-
2 12-2011 (as amended),the City has goals for the participation of minority business
3 and/or small business enterprises in City contracts.A copy of the Ordinance can be
4 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and
5 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor
6 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint
7 Venture Form as appropriate.The Forms including documentation must be received
8 by the City no later than 2:00 P.M. CST,on the second business days after the bid
9 opening date. The Bidder shall obtain a receipt from the City as evidence the
10 documentation was received.Failure to comply shall render the bid as non-
11 responsive.
12
13 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person
14 or organization against whom Contractor has reasonable objection.
15
16 12. Bid Form
17
18 12.1. The Bid Form is included with the Bidding Documents; additional copies may be
19 obtained from the City.
20
21 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form
22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing
23 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit
24 price item listed therein. In the case of optional alternatives,the words "No Bid,"
25 "No Change," or"Not Applicable" may be entered.Bidder shall state the prices,
26 written in ink in both words and numerals,for which the Bidder proposes to do the
27 work contemplated or furnish materials required.All prices shall be written legibly.
28 In case of discrepancy between price in written words and the price in written
29 numerals,the price in written words shall govern.
30
31 12.3. Bids by corporations shall be executed in the corporate name by the president or a
32 vice-president or other corporate officer accompanied by evidence of authority to
33 sign. The corporate seal shall be affixed. The corporate address and state of
34 incorporation shall be shown below the signature.
35
36 12.4. Bids by partnerships shall be executed in the partnership name and signed by a
37 partner,whose title must appear under the signature accompanied by evidence of
38 authority to sign. The official address of the partnership shall be shown below the
39 signature.
40
41 12.5. Bids by limited liability companies shall be executed in the name of the firm by a
42 member and accompanied by evidence of authority to sign. The state of formation of
43 the firm and the official address of the firm shall be shown.
44
45 12.6. Bids by individuals shall show the Bidder's name and official address.
46
47 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner
48 indicated on the Bid Form. The official address of the joint venture shall be shown.
49
50 12.8. All names shall be typed or printed in ink below the signature.
51
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
0021 13-8
INSTRUCTIONS TO BIDDERS
Page 8 of 10
1 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of
2 which shall be filled in on the Bid Form.
3
4 12.10. Postal and e-mail addresses and telephone number for communications regarding the
5 Bid shall be shown.
6
7 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of
8 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance
9 to State Law Non Resident Bidder.
10
11 13. Submission of Bids
12 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents,
13 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS,
14 addressed to Purchasing Manager of the City,and shall be enclosed in an opaque sealed
15 envelope,marked with the City Project Number,Project title,the name and address of
16 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent
17 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate
18 envelope with the notation "BID ENCLOSED"on the face of it.
19
20 14. Modification and Withdrawal of Bids
21
22 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office
23 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal
24 must be made in writing by an appropriate document duly executed in the manner
25 that a Bid must be executed and delivered to the place where Bids are to be submitted
26 at any time prior to the opening of Bids.After all Bids not requested for withdrawal
27 are opened and publicly read aloud,the Bids for which a withdrawal request has been
28 properly filed may,at the option of the City,be returned unopened.
29
30 14.2. Bidders may modify their Bid by electronic communication at any time prior to the
31 time set for the closing of Bid receipt.
32
33 15. Opening of Bids
34 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An
35 abstract of the amounts of the base Bids and major alternates(if any)will be made available
36 to Bidders after the opening of Bids.
37
38 16. Bids to Remain Subject to Acceptance
39 All Bids will remain subject to acceptance for the time period specified for Notice of Award
40 and execution and delivery of a complete Agreement by Successful Bidder. City may,at
41 City's sole discretion,release any Bid and nullify the Bid security prior to that date.
42
43 17. Evaluation of Bids and Award of Contract
44
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
002113-9
INSTRUCTIONS TO BIDDERS
Page 9 of 10
1 17.1. City reserves the right to reject any or all Bids,including without limitation the rights
2 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids
3 and to reject the Bid of any Bidder if City believes that it would not be in the best
4 interest of the Project to make an award to that Bidder,whether because the Bid is
5 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
6 meet any other pertinent standard or criteria established by City. City also reserves
7 the right to waive informalities not involving price,contract time or changes in the
8 Work with the Successful Bidder. Discrepancies between the multiplication of units
9 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies
10 between the indicated sum of any column of figures and the correct sum thereof will
11 be resolved in favor of the correct sum. Discrepancies between words and figures
12 will be resolved in favor of the words.
13
14 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists
15 among the Bidders,Bidder is an interested party to any litigation against City,
16 City or Bidder may have a claim against the other or be engaged in litigation,
17 Bidder is in arrears on any existing contract or has defaulted on a previous
18 contract,Bidder has performed a prior contract in an unsatisfactory manner,or
19 Bidder has uncompleted work which in the judgment of the City will prevent or
20 hinder the prompt completion of additional work if awarded.
21
22 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and
23 other persons and organizations proposed for those portions of the Work as to which
24 the identity of Subcontractors,Suppliers,and other persons and organizations must
25 be submitted as provided in the Contract Documents or upon the request of the City.
26 City also may consider the operating costs,maintenance requirements,performance
27 data and guarantees of major items of materials and equipment proposed for
28 incorporation in the Work when such data is required to be submitted prior to the
29 Notice of Award.
30
31 17.3. City may conduct such investigations as City deems necessary to assist in the
32 evaluation of any Bid and to establish the responsibility,qualifications,and financial
33 ability of Bidders,proposed Subcontractors,Suppliers and other persons and
34 organizations to perform and furnish the Work in accordance with the Contract
35 Documents to City's satisfaction within the prescribed time.
36
37 17.4. Contractor shall perform with his own organization,work of a value not less than
38 35%of the value embraced on the Contract, unless otherwise approved by the City.
39
40 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and
41 responsive Bidder whose evaluation by City indicates that the award will be in the
42 best interests of the City.
43
44 17.6. Pursuant to Texas Goverrunent Code Chapter 2252.001,the City will not award
45 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than
46 the lowest bid submitted by a responsible Texas Bidder by the same amount that a
47 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a
48 comparable contract in the state in which the nonresident's principal place of
49 business is located.
50
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
0021 13-10
INSTRUCTIONS TO BIDDERS
Page 10 of 10
1 17.7. A contract is not awarded until formal City Council authorization.If the Contract is
2 to be awarded,City will award the Contract within 90 days after the day of the Bid
3 opening unless extended in writing. No other act of City or others will constitute
4 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by
5 the City.
6
7 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid.
8
9 18. Signing of Agreement
10 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the
11 required number of unsigned counterparts of the Agreement. Within 14 days thereafter
12 Contractor shall sign and deliver the required number of counterparts of the Agreement to
13 City with the required Bonds, Certificates of Insurance,and all other required documentation.
14 City shall thereafter deliver one fully signed counterpart to Contractor.
15
16
17
18 END OF SECTION
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Willow Springs Elevated Tanks
Revised August 21,2015 Project Number 100886
003513-I
CONFLICT OF INTEREST AFFIDAVIT
Page 1 of 1
i SECTION 00 35 13
2 CONFLICT OF INTEREST AFFIDAVIT
3
4 Each bidder,offeror,or respondent(hereinafter also referred to as"you')to a City of Fort Worth
5 (also referred to as"City")procurement are required to complete Conflict of Interest
6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure
7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the
8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on
9 City Work.The referenced forms may be downloaded from the website links provided below.
10
11 hqp://www.ethics.state.tx.us/forms/CIQ.pdf
12
13 hitp://www.ethics.state.tx.us/forms/CIS.pdf
14
15 06 CIQ Form is on file with City Secretary
16
17 Q CIQ Form is being provided to the City Secretary
18
19 F-1 CIS Form is on File with City Secretary
20
21 Z CIS Form is being provided to the City Secretary
22
23
24
25 BIDDER:
26
27 A&M Construction and Utilities INC By: Antonio Banda
28 Company (Please Print)
29
30 4950 Grisham Dr. Signature:
31 Address
32
33 Rowlett,TX 75088 Title: President
34 City/State/Zip (Please Print)
35
36
37 END OF SECTION
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Revised March 27,2012 Project Number 100886
0041 00
BID FORM
Page 1 of 3
SECTION 00 41 00
BID FORM
TO: The Purchasing Manager
c/o: The Purchasing Division
200 Texas Street
City of Fort Worth, Texas 76102
FOR: Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks
City Project No.: 100886
1. Enter Into Agreement
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form
included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents
for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions
of the Contract Documents.
2. BIDDER Acknowledgements and Certification
2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and
INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond.
2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will
provide a valid insurance certificate meeting all requirements within 14 days of notification of award.
2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,
association, organization, or corporation.
2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding.
2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract.
For the purposes of this Paragraph:
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to
influence the action of a public official in the bidding process.
b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the
bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive
levels, or(c)to deprive City of the benefits of free and open competition.
c. "collusive practice" means a scheme or arrangement between two or more Bidders,with or without
the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive
levels.
d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in the bidding process or affect the execution of the
Contract.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20150821 00 41 00 Bid Form
00 41 00
BID FORM
Page 2 of 3
3. Prequalification
The Bidder acknowledges that the following work types must be performed only by prequalified contractors and
subcontractors:
a. Storage Tank Painting and Rehabilitation
b.
C.
d.
4. Time of Completion
4.1. The Work at the Willow Springs Tank will be complete for Final Acceptance within 90 days after the date
when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions plus any
extension thereof allowed in accordance with Article 12 of the General Conditions. An additional 150 days
will be provided to complete work at the Seminary Hill Tank, which is to be started no sooner than September
1, 2018.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete
the Work{and/or achievement of Milestones}within the times specified in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form, Section 00 41 00
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph
5.01 of the General Conditions.
c. Proposal Form, Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37
e. MWBE Forms(optional at time of bid)
f. Prequalification Statement, Section 00 45 12
g. Conflict of Interest Affidavit, Section 00 35 13
"If necessary, CIQ or CIS forms are to be provided directly to City Secretary
h. Any additional documents that may be required by Section 12 of the Instructions to Bidders
6. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the
space provided below, please enter the total bid amount for this project. Only this figure will be read publicly
by the City at the bid opening.
6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is
subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Forth Revised 20150821 00 41 00 Bid Forth
00 41 00
BID FORM
Page 3 of 3
estimated quantities shown in this proposal and then totaling all of the extended amounts.
6.3. Evaluation of Alternate Bid Items
Total Base Bid $0.00
Alternate Bid $0.00
Total Bid $0.00
7. Bid Submittal
This Bid is submitted on 111112018 by the entity named below.
Respectfully submitted, Receipt is acknowledged of the Initial
//
following Addenda:
By: G!.! Addendum No. 1.
(Signature) Addendum No.2:
Antonia Banda Addendum No.3:
Addendum No.4:
(Printed Name)
Title: President
Company: A&M Construction and Utilities INC Corporate Seal:
Address:4950 Grisham Dr.
Rowlett,TX 75088
State of Incorporation: TEXAS
Email: rick@amconstructionublity.com
Phone:214-680-0587
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Forth Revised 20150821 00 4100 Bid Form
00 42 43
BID PROPOSAL
Pagel oft
SECTION 00 42 43
PROPOSALFORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
BidlistSpecification Unit of F Bid
Item No. Description Section No. Measure Quantity Unit Price Bid Value
Unit I: Seminary Hill Bid Items
SH 1 ISeminary Hill Contractor Mobilization I All I LS 1 3o vva - 30,aao -
SH 2 I Complete Seminary Hill Repair Items of Work 13 02 00 LS 1 /oo, poo- /60, O"vv -
Remove and replace existing Seminary Hill TEC 2000
SH 3 (Valve Actuator with new actuator of similar make. I 130200 ( LS I 1 I ` �_ I /;Z evo .
SH 4 (Complete Seminary Hill Repair of Pits&Prior Corrosion I 13 02 00 I LS I 1 I _
Damage o?0, am oZo UD7 -
Repair by welding pits,holes and prior corrosion
damage up to 6"in diameter,for Seminary Hill,
SH 5 per the Project Specification,as directed by the 130200 EA
300 7�! ZZ,S�a
engineer.JProvide and install TNEMEC Series 215 Pit Filler for I I I I
SH 6 Seminary Hill per the Project Specifications and as 13 02 00 Gal.
directed by the Engineer. 1 310-
Pressure wash interior of Seminary Hill tank to remove
SH 7 soluble salt content as needed per the Project 13 02 00
Specification,and as LS 1 "s
6�D
directed by the Engineer.
Provide and operate dehumidification equipment to
maintain less than 50%relative humidity during all
SH 8 Seminary Hill interior blasting,coating and curing 130200 LS
operations,per the Project Specification. 1
Replace Seminary Hill Interior Wet Area Coating
SH 9 (System with specified TNEMEC zinc/epoxy/epoxy I 13 02 00 I LS I I
coating system I 1 Zed 6l/b" Zyp.U�p
(Provide and install SSPC Class 3A containment for
SH 10 I ILS
Seminary Hill capable of being operated in winds up to 13 02 00
25 mph,as described in the Project Specification. 1 52i 0vt)- 5-& on
Replace Seminary Hill Exterior Coating System with
SH 11 (specified TNEMEC zinc/epoxy/urethane/fluoropolymerI 13 02 00 I LS
coating system 1 k/0'r, 00 y0S
Seminary Hill Disinfection&Cleanup.Disinfection to be 13 02 00
SH 12 (performed by City via chlorine injection. I I LS I 1 I
SH 13 ISeminary Hill Contractor Demobilization 13 02 00 1 LS 1 1 pk 6 p-Du ;Zo VVD
Subtotal Unit I:
S/ e" ",
Unit H: Willow Springs Bid Items
WS 1 Willow Springs Contractor Mobilization All LS 1 Z S m-v Z--,
WS 2 Complete Willow Springs Repair Items of Work 13 02 00 LS 1 $o,a > So,ovD-
Perform vacuum box test at Willow Springs per AWWA
WS 3 ID107. I 13 02 00 I LS I 1
WS 4 (Remove and replace existing Willow Springs TEC 20001 13 02 00 I LS I 1
Valve Actuator with new actuator of similar make. /Z, 6M - !Z,M
WS 5 (Complete Willow Springs Repair of Pits&Prior ( 13 02 00 ( LS I 1
Corrosion Damage
Repair by welding pits,holes and prior corrosion
WS 6 damage up to 6"in diameter,for Willow Springs,
per the Project Specification,as directed by the 130200 EA 300 N,
engineer.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
00 42 43
BID PROPOSAL
Paec 2 of 2
Provide and install TNEMEC Series 215 Pit Filler to
WS 7 Willow Springs per the Project Specifications and as 13 02 00 I Gal. I I
directed by the Engineer. 3 31v'
Pressure wash interior of Willow Springs tank to remove
WS 8 soluble salt content as needed per the Project 13 02 00 I
Specification,and as directed by the Engineer. LS 1 !�LYj I S,dzr'
Provide and operate dehumidification equipment to
WS 9 maintain less than 50%relative humidity during all 13 02 00
Willow Springs interior blasting,coating and curing LS
operations,per the Project Specification.
Replace Willow Springs Interior Wet Area Coating
WS 10 System with specified TNEMEC zinc/epoxy/epoxy 13 02 00 LS
coating system I I I 1 I ZGZ,Sar, I z�ziS6fl
WS 11 Willow Springs Disinfection&Cleanup.Disinfection to 13 02 00
The performed by City via chlorine injection. ( I LS
WS 12 lWillow Springs Contractor Demobilization 13 02 00 LS 1 p caro- ?� oao
Subtotal Unit II:
Alternative Bid Items
dd or Deduct from the Base Bid to install Alternate
Alt.1 Coating System manufactured by Induron or Sherwin 13 02 00 LS 1
Williams,per Section 13 02 00,of the Project
Specification. Pricing NOT required.
Force account allowance to be used for additional site
Alt.2 repair and modification in the amount of$50,000. 13 02 00 LS 1 $50,000 $50,000
Subtotal Alternate:
dam
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fmm Revised 20120120
00 42 43
BID PROPOSAL
Page 3 oF2
SECTION 00 42 43
PROPOSALFORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Description Specification Unit of Bid Unit Price Bid Value
Item No. Section No. Measure Quantity T
Bid Summary
Unit I Base Bid
Total Unit I Base Bid 9�/ gG77
Unit II Base Bid
Total Unit II Base Bid
Total Unit I+Unit II Base Bid
{ { { { {
Total Unit I+Unit II Base Bidl I �f
Alternate Bid
Total Alternate Bid Sb em
Total Bid Z 8Q0
END OF SECTION
CITY OF FORT WORTII
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
PHILADELPHIA Philadelphia Indemnity Insurance Company
INSURANCE COMPANIES One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004
AAlc�n �thr'CoVdo 94�riuep
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS,
That we, A&M Construction and Utilities, Inc. Principal,
and PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporation authorized to
transact a general surety business in the State of Texas, as Surety, are held an firmly bound
unto City of Fort Worth
(hereinafter called the ObligeeXn the full and just sum of Five Percent of
Greatest Amount Bid (S 5%G.A.B. I for the payment whereof in
lawful money of the United States , we bind ourselves, our heirs, administrators, executors,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,the said PRINCIAL has submitted the accompanying bid for:
Repair and Repainting of Seminary Hill and Wills Springs Elevated Tanks
Fort Worth,TX
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal
shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in
the event of the failure of the Principal to enter such Contract, if the Principal shall pay to
the Obligee the difference not to exceed the penalty hereof between the amount specified in
said bid and such larger amount for which the Obligee may in good faith contract with
another party to perform the Work covered by said bid, then this obligation shall be null and
void,otherwise to remain in full force and effect.
Signed and Sealed this llth day of January 20 18
C ruction and Utilities,Inc.
Principal(Seal)
PHILADELPHIA INDEMNITY INSURANCE COMP ✓+
-i
Brent M Blonigan
12815 FM 2154,Suite 150 DUNHAM Phone:(979)690-6555
College Station,TX 77845-3981 Fax:(979)690-7034
www.DunhamEngineering.com ENGINEERING TX Registration#:F-2253
Inspection. Design. Results.
January 12, 2018
Dena Johnson
Fort Worth Water Department
200 Texas Street
Fort Worth, Texas 76102
Re: Recommendation of Contractor for Seminary Hill EST and Willow Springs CET
Rehabilitation City Project No. 100886
The purpose of this letter is to recommend a contractor for the above referenced project. A
complete bid tabulation from the January 11th public bid opening is attached. This project
involves the abrasive blast cleaning, painting and repair of the Seminary Hill EST and Willow
Springs CET Rehab.
The eight (8) submitted bids were checked for mathematical errors and/or bid irregularities. The
lowest bidder was found to have minor mathematical errors but that did not affect the bid result.
The project was bid with a Base Bid for both Seminary Hill and Willow Springs and two
Additive Bid Items. The Additive Bid Items were utilized to provide for alternate paint coating
systems and a force account allowance, while ensuring budget compliance. The total bid is
below the project budget. Therefore, in order to achieve best value it is recommended that the
project be awarded based on Total Bid.
The lowest, responsive and responsible bidder, A&M Construction &Utilities,Inc.,of
Rowlett, Texas, is recommended for award,with a Total Bid of$1,495,200.00. The bid is
within the City's budget for the project. Dunham Engineering has previous satisfactory
experience with this contractor and has reviewed submitted references for similar projects, all of
which are satisfactory.
If you should have any questions regarding the above recommendation,please feel free to call
anytime.
Sincerely,
Z.-2T;Z.-2-
Travis
ravis C. Tatum, P.E.
1963
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Debbie Palmer, Kara Pierce, Marci Luse and/or Brent M.
Blonigan of Grayhawk Insurance Associates its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and
other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to
exceed$25,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14h of November,2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings,contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the
authority given. And,be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017.
`vs"
1927
f ,
S
(Seal) ,,.,,,•N
Robert D.O'Leary Jr.,President&CEO
Philadelphia Indemnity Insurance Company
On this 27th day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is
the Corporate seal of said Company;that the said Corporate Seal and his signature were duly/ l affixed.
Noruiwsu�
Notary Public:
w- go.wvcowy
a,c�.w„o„g,a,.s s.°i 21,tatr
residing at: Bala Cynwyd.PA
(Notary Seal)
My commission expires: September 25,2021
I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 27'h day of October,2017 are true and correct and are still in full force and effect. I do further
certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, _v)t
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this �/T / day of GALA 20
1927 Edward Sayago,Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
IMPORTANT NOTICE ADVISO IMPORTANTE
To obtain information or make a complaint: You may Para obener informacion o para someter una queja:
call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de
information or to make a complaint at: para informacion o para someter una queja al:
1-877-438-7459 1-877-438-7459
You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia
Company at: Indemnity Insurance Company:
One Bala Plaza, Suite 100 One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004
Attention: Senior Vice President and Attention: Senior Vice President and
Director of Surety Director of Surety
You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de
to obtain information on companies, coverage, rights Seguros de Texas para obtener informacion acerca
or complaints at: de companias, coberturas, derechos o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance Puede escribir al Departrnento de Seguros de Texas:
at:
P.O. Box 149104 P.O. Box 149104
Austin, TX 78714-9104 Austin, TX 78714-9104
Fax#512-475-1771 Fax#512-475-1771
Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us
Email: ConsumerProtection@tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS: Si
a dispute concerning your premium or about a claim, tiene una disputa concerniente a su prima o a un
you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si
not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces
of Insurance. comunicarrse con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA:
notice is for information only and does not become a Este aviso es solo para proposito de informacion y
part or condition of the attached document. no se convierte en parte o condicion del documento
adjunto.
F_ ORT WORTH
City of Fort Worth
Minority Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR OFFERORS
APPLICATION OF POLICY
If the total dollar value of the contract is$50,000 or more,then a MBE subcontracting goal is applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises
(MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current
Business Diversity Enterprise Ordinance applies to this bid.
MBE PROJECT GOALS
The City's MBE goal on this project is 5 %of the base bid value of the contract.
Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a
MBE Utilization Form and a SBE Utilization Form to be deemed responsive.
COMPLIANCE T O BID SPECIFICATIONS
On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with
the intent of the City s Business Diversity Enterprise Ordinance by one of the following:
1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or
2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or;
3. Good Faith Effort documentation,or;
4. Prime Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Purchasing Division, within the following times allocated, in order
for the entire bid to be considered responsive to the specifications. +.tn in
person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be
evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be
accepted.
1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day
met or exceeded: I after the bid opening date,exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business day
Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date.
statedgoal:
3. Good Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business day
Utilization Form, if no MBE participation: after the bid opening date,exclusive of the bid opening date.
4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m.,on the second City business day
perform all subcontracting/supplier work: after the bid opening date,exclusive of the bid opening date.
S. Joint Venture Form, if goal is met or received no later than 2:00 p.m.,on the second City business day
exceeded: after the bid opening date,exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN
THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A
PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION
PERIOD OF THREE YEARS.
Any questions, please contact the M/WBE Office at(817)212-2674.
Rev.2/10/15
ATTACHMENT 1C
Page 1 of 4
FORT WORTH City of Fort Worth
Minority Business Enterprise
MBE Good Faith Effort Form
OFFEROR COMPANY NAME: Check applicable block to describe
A&M CONSTRUCTION AND UTILITIES INC Offeror
PROJECT NAME:
X I MNV/DBE NON-MNV/DBE
REPAIR AND REPAINTING OF SEMINARY HILL AND WILLOW SPRINGS ELEVATED TANKS BID DATE
1/11/2018
City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER
5 % 5 % 100886
If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this
form.
If the Offeror's method of compliance with the MBE goal is based upon demonstration of a
"good faith effort", the Offeror will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 11 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation of the facts or intentional discrimination by the Offeror.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive
of bid opening date,will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this
project, regardless of whether it is to be provided by a MBE or non-MBE. (DO NOT LIST NAMES OF
FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity
regardless of tier.
(Use additional sheets,if necessary)
List of Subcontracting Opportunities List of Supplier Opportunities
CHEROKEE PAINTING AND SANDBLASTING CO. INC TNEMEC CO. INC.
WALNUT HILL PAINT CO.
CANFIELD & JOSEPH INC.
MINERAL TECH INC.
RICOCHETT FUEL CO. INC.
EAGLE STEEL INC.
Rev.2110115
ATTACHMENT 1C
Page 2 of 4
2.) Obtain a current(not more than two(2)months old from the bid open date)list of MBE subcontractors
and/or suppliers from the City's M/WBE Office.
Yes Date of Listing 12 /30 /2017
X No
3.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened?
Yes (If yes,attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.)
X No
4.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are
opened?
X Yes (If yes,attach list to include name of MBE firm,person contacted,phone number and date and time of contact.)
No
5.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by facsimile(fax),exclusive of the day the bids are
opened?
Yes (If yes,attach list to include name of MBE firm,fax number and date and time of contact. In addition,if the fax is
returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the
facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation"
documentation may render the GFE non-responsive.)
X No
6.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed,
at least ten calendar days prior to bid opening by email,exclusive of the day the bids are opened?
Yes (If yes,attach email confirmation to include name of MBE firm,date and time.In addition,if an email is returned
as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for
proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may
render the GFE non-responsive.)
X No
NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method
must be applied to the applicable contract. The Offeror must document that either at least two attempts
were made using two of the four methods or that at least one successful contact was made using one of
the four methods in order to be deemed responsive to the Good Faith Effort requirement.
NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier
opportunity to be in compliance with questions 3 through 6.
7.) Did you provide plans and specifications to potential MBEs?
X Yes
No
8.) Did you provide the information regarding the location of plans and specifications in order to assist
the MBEs?
X Yes
No
Rev.2/10/15
ATTACHMENT IC
Page 3 of 4
9.) Did you prepare a quotation for the MBEs to bid on goods/services specific to their skill set?
Yes (if yes,attach all copies of quotations.)
X No
10.) Was the contact information on any of the listings not valid?
Yes (If yes,attach the information that was not valid in order for the MIWBE Office to address the corrections
needed.)
X No
11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the
forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting
documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute
concerning quotes, the Offeror will provide for confidential in-camera access to an inspection of any
relevant documentation by City personnel.
Please use additional sheets,if necessaty,and attach.
Company Name Telephone Contact Person Scope of Work Reason for Rejection
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
MBE participation on this project.
WALNUT HILL PAINT CO.WILL BE USED AS AN MWBE SUPPLIER OF COATINGS MATERIALS ON THE PROJECT
The Offeror further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The Offeror 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 on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance shall create a material breach of
contract and may result in a determination of an irresponsible Offeror and debarment
from participating in City work for a period of time not less than one (1) year.
Rev.2/10115
ATTACHMENT 1C
Page 4 of 4
The undersigned certifies that the information provided and the MBE(s) listed was/were
contacted in good faith. It is understood that any MBE(s) listed in Attachment 1 C will be
contacted and the reasons for not using them will be verified by the City's M/WBE
Office. Digitally signed by
ANTONIO BANDA Date:2018.0108113408106'00'DA
Authorized Signature Printed Signature
PRESIDENT _ - . X-11A W
Title ColacAamtand Title(if different)
A&M CONSTRUCTION AND UTILITIES, INC. 214-680-0587
Company Name Phone Number Fax Number
4950 GRISHAM DR. rick@amconstructionutility.com
Address Email Address
ROWLETT, TX 75088 1/8/2018
City/State/Zip Date
Rev.2M OM 5
00 43 37
VENDOR COMPLIANCE TO STATE LAW
Page 1 of 1
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law
provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors
whose corporate offices or principal place of business are outside the State of Texas) bid projects for
construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in
order to obtain a comparable contract in the State which the nonresident's principal place of business is located.
The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident
bidders must check the box in Section B.
A. Nonresident bidders in the State of State Here or Blank , our principal place of business,
are required to be `m '' percent lower than resident bidders by State Law. A copy of the
statute is attached.
Nonresident bidders in the State of State Here or Blank ,our principal place of business,
are not required to underbid resident bidders.
X B. The principal place of business of our company or our parent company or majority owner is
in the State of Texas.
BIDDER:
A&M CONSTRUCTION AND UTILITIES INC By. ANTONIO BANDA
,4950 GRISHAM DR
.ROWLETT,TX 75088 (Signature)
Title: -PRESIDENT
Date: 1/1112018
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627
0045 11-1
BIDDERS PREQUALIFICATIONS
Pagel of 3
1 SECTION 00 4511
2 BIDDERS PREQUALIFICATIONS
3
4 1. Summary.All contractors are required to be prequalified by the City prior to submitting
5 bids.To be eligible to bid the contractor must submit Section 00 45 12,Prequalification
6 Statement for the work type(s)listed with their Bid.Any contractor or subcontractor who is
7 not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder
8 Prequalification Application in accordance with the requirements below.
9
10 The prequalification process will establish a bid limit based on a technical evaluation and
11 financial analysis of the contractor.The information must be submitted seven(7)days prior
12 to the date of the opening of bids.For example,a contractor wishing to submit bids on
13 projects to be opened on the 7th of April must file the information by the 31 st day ofMarch
14 in order to bid on these projects. In order to expedite and facilitate the approval of aBidder's
15 Prequalification Application,the following must accompany the submission.
16 a. A complete set of audited or reviewed financial statements.
17 (1) Classified Balance Sheet
18 (2) Income Statement
19 (3) Statement of Cash Flows
20 (4) Statement of Retained Earnings
21 (5) Notes to the Financial Statements,if any
22 b. A certified copy of the firm's organizational documents(Corporate Charter, Articles
23 of Incorporation,Articles of Organization,Certificate of Formation,LLC
24 Regulations,Certificate of Limited Partnership Agreement).
25 c. A completed Bidder Prequalification Application.
26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas
27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification
28 number visit the Texas Comptroller of Public Accounts online at the
29 following web address www.window.state.tx.us/taxt)ermit/and fill out the
30 application to apply for your Texas tax ID.
31 (2) The firm's e-mail address and fax number.
32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number
33 is used by the City for required reporting on Federal Aid projects.The DUNS
34 number may be obtained at www.dnb.com.
35 d. Resumes reflecting the construction experience of the principles of the firm for firms
36 submitting their initial prequalification. These resumes should include the size and
37 scope of the work performed.
38 e. Other information as requested by the City.
39
40 2. Prequalification Requirements
41 a. Financial Statements.Financial statement submission must be provided in
42 accordance with the following:
43 (1) The City requires that the original Financial Statement or a certified copy
44 be submitted for consideration.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1,2011 Willow Springs Elevated Tanks
Project Number 100886
00 45 11-2
BIDDERS PREQUALIFICATIONS
Page 2 of 3
1 (2) To be satisfactory,the financial statements must be audited or reviewed
2 by an independent,certified public accounting firm registered and in
3 good standing in any state.Current Texas statues also require that
4 accounting firms performing audits or reviews on business entities within
5 the State of Texas be properly licensed or registered with the Texas State
6 Board of Public Accountancy.
7 (3) The accounting firm should state in the audit report or review whether
8 the contractor is an individual,corporation,or limited liability company.
9 (4) Financial Statements must be presented in U.S. dollars at the current rate
10 of exchange of the Balance Sheet date.
11 (5) The City will not recognize any certified public accountant as
12 independent who is not,in fact,independent.
13 (6) The accountant's opinion on the financial statements of the contracting
14 company should state that the audit or review has been conducted in
15 accordance with auditing standards generally accepted in the United
16 States of America.This must be stated in the accounting firm's opinion.
17 It should:(1)express an unqualified opinion,or(2)express aqualified
18 opinion on the statements taken as a whole.
19 (7) The City reserves the right to require a new statement at anytime.
20 (8) The financial statement must be prepared as of the last day of any month,
21 not more than one year old and must be on file with the City 16 months
22 thereafter,in accordance with Paragraph 1.
23 (9) The City will determine a contractor's bidding capacity for the purposes
24 of awarding contracts.Bidding capacity is determined by multiplyingthe
25 positive net working capital(working capital=current assets—current
26 liabilities)by a factor of 10.Only those statements reflecting apositive
27 net working capital position will be considered satisfactory for
28 prequalification purposes.
29 (10) In the case that a bidding date falls within the time a new financial
30 statement is being prepared,the previous statement shall be updated with
31 proper verification.
32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be
33 submitted along with audited or reviewed financial statements by firms wishing to be
34 eligible to bid on all classes of construction and maintenance projects.Incomplete
35 Applications will be rejected.
36 (1) In those schedules where there is nothing to report,the notation of
37 "None"or"N/A"should be inserted.
38 (2) A minimum of five(5)references of related work must be provided.
39 (3) Submission of an equipment schedule which indicates equipment under
40 the control of the Contractor and which is related to the type of work for
41 which the Contactor is seeking prequalification. The schedule must
42 include the manufacturer,model and general common description of
43 each piece of equipment.Abbreviations or means of describing
44 equipment other than provided above will not be accepted.
45
46 3. Eligibility to Bid
47 a. The City shall be the sole judge as to a contractor's prequalification.
48 b. The City may reject,suspend,or modify any prequalification for failure by the
49 contractor to demonstrate acceptable financial ability or performance.
50 c. The City will issue a letter as to the status of the prequalification approval.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Repair and Repainting of Seminary Hill and
Revised July 1,2011 Willow Springs Elevated Tanks
Project Number 100886
004511-3
BIDDERS PREQUALIFICATIONS
Page 3 of 3
1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid
2 the prequalified work types until the expiration date stated in the letter.
3
4
5
6
7
8 END OF SECTION
9
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I,2011 Willow Springs Elevated Tanks
Project Number 100886
THIS PAGE INTENTIONALLY LEFT BLANK
00 45 12
BID FORM
Page 1 of 1
SECTION 00 45 12
PREQUALIFICATION STATEMENT
Each Bidder for a City procurement is required to complete the information below by identifying the prequalified
contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed.
Major Work Type Contractor/Subcontractor Company Name Prequalification
Expiration Date
Storage Tank Painting and A&M CONSTRUCTION AND UTILITIES INC 12/2018
Rehabilitation
Company Name Here or space Date Here or space
Company Name Here or space Date Here or space
Company Name Here or space Date Here or space
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are
currently prequalified for the work types listed.
BIDDER:
A&M CONSTRUCTION AND UTILITIES INC By. ANTONIO BANDA
4950 GRISHAM DR.
ROWLETT,TX 75088
(Signature)
Title: 'PRESIDENT
Date: 1/11/2018
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Forth Revised 20120120
FORT WORTH
SECTION 00 45 13
BIDDER PREQUALIFICATION APPLICATION
Date of Balance Sheet Prequalified with the City
Mark only one:
Individual
Limited Partnership
Name under which you wish to qualify General Partnership
Corporation
Limited Liability Company
Post Office Box City State Zip Code
Street Address(required) City State Zip Code
Telephone Fax Email
Texas Taxpayer Identification No.
Federal Employers Identification No.
DUNS No. (if applicable)
MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO:
CITY OF FORT WORTH TEXAS
200 TEXAS STREET
FORT WORTH,TEXAS 76102-6311
AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION"
0045 13-2
BIDDER PREQUALIFICATION APPLICATION
Page 2 of 7
BUSINESS CLASSIFICATION
The following should be completed in order that we may properly classify your firm:
(Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is
checked)
Has fewer than 100 employees
and/or
❑ Has less than$6,000,000.00 in annual gross receipts
OR
❑ Does not meet the criteria for being designated a small business as provided in Section
2006.001 of the Texas Government Code.
The classification of your firm as a small or large business is not a factor in determining eligibility to
become prequalified.
MAJOR WORK CATEGORIES
Water Department
Augur Boring-24-inch diameter casing and less
Augur Boring-Greater than 24-inch diameter casing and greater
Tunneling—36-Inches—60—inches, and 350 LF or less
Tunneling-36-Inches—60—inches,and greater than 350 LF
Tunneling—66"and greater, 350 LF and greater
Tunneling—66"and greater, 350 LF or Less
Cathodic Protection
Water Distribution, Development, 8-inch diameter and smaller
Water Distribution, Urban and Renewal, 8-inch diameter and smaller
Water Distribution, Development, 12-inch diameter and smaller
Water Distribution, Urban and Renewal, 12-inch diameter and smaller
X Water Storage Tank Painting&Rehabilitation
Water Transmission, Development,24-inches and smaller
Water Transmission,Urban/Renewal,24-inches and smaller
Water Transmission,Development,42-inches and smaller
Water Transmission, Urban/Renewal,42-inches and smaller
Water Transmission,Development,All Sizes
Water Transmission, Urban/Renewal,All Sizes
Sewer Bypass Pumping, 18-inches and smaller
Sewer Bypass Pumping, 18-inches—36-inches
Sewer Bypass Pumping 42-inches and larger
CCTV, 8-inches and smaller
CCTV, 12-inches and smaller
CCTV, 18-inches and smaller
CCTV, 24-inches and smaller
CITY OF FORT WORTH S Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Revised December 20,2012
Project Number 100886
004513-3
BIDDER PREQUALIFICATION APPLICATION
Page 3 of 7
1. List equipment you do not own but which is available by renting
DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER
2. How many years has your organization been in business as a general contractor under your present
name?
List previous business names:
3. How many years of experience in construction work has your organization
had:
(a) As a General Contractor: (b)As a Sub-Contractor:-
4. *What projects has your organization completed in Texas and elsewhere?
CLASS LOCATION NAME AND DETAILED
CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO
AMOUNT WORK COMPLETED STATE WHOM YOU REFER
*If requalifying only show work performed since last statement.
5.Have you ever failed to complete any work awarded to you?
If so, where and why?
6.Has any officer or owner of your organization ever been an officer of another organization that failed to
complete a contract?
If so, state the name of the individual,other organization and reason.
7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her
name?
If so, state the name of the individual,name of owner and reason.
CITY OF FORT WORTH S Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20,2012 Willow Springs Elevated Tanks
Project Number 100886
004513-4
BIDDER PREQUALIFICATION APPLICATION
Page 4 of 7
8. In what other lines of business are you financially interested?
9. Have you ever performed any work for the City?
If so, when and to whom do you refer?
10. State names and detailed addresses of all producers from whom you have purchased principal
materials during the last three years.
NAME OF FIRM OR COMPANY DETAILED ADDRESS
11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship
to this person or firm.
12. What is the construction experience of the principal individuals in your organization?
PRESENT MAGNITUDE
POSITION OR YEARS OF AND TYPE OF IN WHAT
NAME OFFICE EXPERIENCE WORK CAPACITY
13. If any owner, officer, director, or stockholder of your firm is an employee of the City,or shares the
same household with a City employee,please list the name of the City employee and the relationship. In
addition, list any City employee who is the spouse,child,or parent of an owner, officer, stockholder, or
director who does not live in the same household but who receives care and assistance from that personas
a direct result of a documented medical condition.This includes foster children or those related by
adoption or marriage.
CITY OF FORT WORTH S Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Revised December 20,2012
Project Number 100886
0045 13-5
BIDDER PREQUALIFICATION APPLICATION
Page 5 of 7
CORPORATION BLOCK PARTNERSHIP BLOCK
If a corporation: If a partnership:
Date of Incorporation State of Organization
Charter/File No. Date of organization
President Is partnership general, limited, or registered limited
liability partnership?
Vice Presidents
File No. (if Limited
Partnership)
General Partners/Officers
Secretary Limited Partners(if applicable)
Treasurer
LIMITED LIABILITY COMPANY BLOCK
If a corporation:
State of Incorporation
Date of organization
File No. Individuals authorized to sign for Partnership
Officers or Managers(with titles, if any)
Except for limited partners,the individuals listed in the blocks above are presumed to have full
signature authority for your firm unless otherwise advised. Should you wish to grant signature
authority for additional individuals, please attach a certified copy of the corporate resolution,
corporate minutes,partnership agreement, power of attorney or other legal documentation which
grants this authority.
CITY OF FORT WORTH S Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20,2012 Willow Springs Elevated Tanks
Project Number 100886
004513-6
BIDDER PREQUALIFICATION APPLICATION
Page 6 of 7
14. Equipment $
TOTAL
BALANCE SHEET
ITEM QUANTITY ITEM DESCRIPTION VALUE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Various-
TOTAL
Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment,
you may show these 30 types and show the remainder as "various". The City, by allowing you to show
only 30 types of equipment,reserves the right to request a complete,detailed list of all your equipment.
The equipment list is a representation of equipment under the control of the firm and which is related to
the type of work for which the firm is seeking qualification. In the description include,the manufacturer,
model,and general common description of each.
CITY OF FORT WORTH S Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20,2012 Willow Springs Elevated Tanks
Project Number 100886
004513-7
BIDDER PREQUALIFICATION APPLICATION
Page 7 of 7
C
BIDDER PREQUALIFICATION AFFIDAVIT
STATE OF TEXAS
COUNTY OF DALLAS
The undersigned hereby declares that the foregoing is a true statement of the financial condition of the
entity herein first named,as of the date herein first given; that this statement is for the express purpose of
inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who
prepared the balance sheet accompanying this report as well as any depository, vendor or any other
agency herein named is hereby authorized to supply each party with any information,while this statement
is in force,necessary to verify said statement.
ANTONIO BANDA being duly sworn, deposes and says that
he/she is the PRESIDENT of A&M CONSTRUCTION AND UTILITIES INP the entity
described in and which executed the foregoing statement that he/she is familiar with the books of the said
entity showing its financial condition; that the foregoing financial statement taken from the books of the
said entity as of the date thereof and that the answers to the questions of the foregoing Bidder
Prequalification Application are correct and true as of the date of this affidavit.
Firm Name: A&M CONSTRUCTION AND UTILITIES INC
Signature:
Sworn to before m
AME
My Notary ID, 1251
blic
Notary ublic mus not be an officer,director,or stockholder or relative thereof.
CITY OF FORT WORTH S Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20,2012 Willow Springs Elevated Tanks
Project Number 100886
004526-1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
1 SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3
4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it
5 provides worker's compensation insurance coverage for all of its employees employed on City
6 Project No. 100886. Contractor further certifies that,pursuant to Texas Labor Code,Section
7 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliancewith
8 worker's compensation coverage.
9
10 CONTRACTOR:
11
12 A&M CONSTRUCTION AND UTILITIES INC BY: ANTONIO BANDA
13 Company (Please Print
14
15 4950 GRISHAM DR Signature:
16 Address
17 ROWLETT,TX 75088 PRESIDENT
18 Title:
19 City/State/Zip (Please Print)
20
21
22 THE STATE OF TEXAS §
23
24 COUNTY OF TARRANT §
25
26 BEFORE ME,the undersigned authority,on this day personally appeared
27 ANTONIO BANDA ,known to me to be the person whose.name is
28 subscribed to the foregoing instrument,and acknowledged to me that he/sheyebuted the same as
29 the act and deed of CORPORATE PRESIDENT for the ores and
30 consideration therein expressed and in the capacity therein stated.
31
32 NE UNDER MYHAND AND SEAL OF OFFICE this day of
33
34 ,•� `• e': JAMES THORN
35 MY NOtary ID#125177912
X ,�•
36 % ;a aN; Expires January 30,2021
37
38 N cin d for the State of Texas
39
40
END OF SECTION
CITY OF FORT WORTH Repair and Repainting ofSeminarp Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
004540-1
Minority Business Enterprise Specifications
Page 1 of 2
1 SECTION 00 45 40
2 Minority Business Enterprise Specifications
3 [This document is to be printed on 'pink"paper in its final form]
4 APPLICATION OF POLICY
5 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is
6 applicable.
7
8 POLICY STATEMENT
9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority
10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and
11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid.
12
13 MBE PROJECT GOALS
14 The City's MBE goal on this project is 5%of the total bid value of the
15 contract(Base bid applies to Parks and Community Services).
16
17 Note: If both MBE&ad SBE subcontracting goals are established for this project, then an Offeror
18 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive.
19
20 COMPLIANCE TO BID SPECIFICATIONS
21 On City contracts$50,000 or more where a MBE subcontracting goal is applied, Offerors are required to
22 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following:
23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or
24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or
25 3. Good Faith Effort documentation,or;
26 4. Prime Waiver documentation.
27
28 SUBMITTAL OF REQUIRED DOCUMENTATION
29 The applicable documents must be received by the Purchasing Division, within the foIto"-ing times
30 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall
31 deliver the MBE documentation in person to the appropriate employee of the Purchasing division and
32 conn a daWtime receip[. Stich rLcc-Lpi IiaJ l Inc evidence tJiaL tlie. City received the documentation in the
33 time allocated. A faxed Hndlor emailed copy will not be accepted.
34
1. Subcontractor Utilization Form,if received no later than 2:00 p.m.,on the second City business
goal is met or exceeded: day after the bid opening date,exclusive of the bid opening
date.
2. Good Faith Effort and received no later than 2:00 p.m.,on the second City business
Subcontractor Utilization Form,if day after the bid opening date,exclusive of the bid opening
participation is less than statedgoal: date.
3. Good Faith Effort and received no later than 2:00 p.m.,on the second City business
Subcontractor Utilization Form,if no day after the bid opening date,exclusive of the bid opening
MBE partici ation: date.
4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business
if you will perform all day after the bid opening date,exclusive of the bid opening
contracting/supplier work: date.
35
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Revised June 9,2015 Project Number 100886
004540-2
Minority Business Enterprise Specifications
Page 2 of 2
1
5.Joint Venture Form,if goal is met received no later than 2:00 p.m., on the second City business
or exceeded. day after the bid opening date, exclusive of the bid opening
date.
2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE
3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS.
4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID
BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR
5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR
6 PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS.
7 Any Questions,Please Contact The M/WBE Office at(817)212-2674.
8 END OF SECTION
9
10
11
12
13
14
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16
17
18
19
20
21
22
23
24
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CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Revised June 9,2015 Project Number 100886
005243-1
Agreement
Page 1 of 6
1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT, authorized on 2- LD I 2.918 is made by and between the City of Forth
4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
5 ("City"), and A&M Construction and Utilities, Inc. ,
6 authorized to do business in Texas, acting by and through its duly authorized representative,
7 ("Contractor").
8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1.WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2.PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 _Repair and Repainting of the Seminary Hill Elevated Storage Tank and Interior Coating
17 Replacement of the Willow Springs Elevated Storage Tank
18 City Project No. 100886
19 Article 3. CONTRACT PRICE
20 City agrees to pay Contractor for performance of the Work in accordance with the Contract
21 Documents an amount, in current funds, of One Million Four Hundred Ninety-Five Thousand
22 Two Hundred Dollars ($-1,495,200.00—).
23 Article 4. CONTRACT TIME
24 4.1 Final Acceptance.
25 The Work will be complete for Final Acceptance within 240 calendar days after the date
26 when the Contract Time commences to run, as provided in Paragraph 2.03 of the General
27 Conditions, plus any extension thereof allowed in accordance with Article 12 of the
28 General Conditions.
29 4.2 Liquidated Damages
30 Contractor recognizes that time is of the essence for completion of Milestones, if any, and
31 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is
32 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also
33 recognizes the delays, expense and difficulties involved in proving in a legal proceeding,
34 the actual loss suffered by the City if the Work is not completed on time. Accordingly,
35 instead of requiring any such proof, Contractor agrees that as liquidated damages for
36 delay(but not as a penalty), Contractor shall pay City Five Hundred Dollars($500.00)for
37 each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until
38 the City issues the Final Letter of Acceptance.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks
Revised 11.15.17 Project Number 100886
005243-2
Agreement
Page 2 of 6
39 Article 5. CONTRACT DOCUMENTS
40 5.1 CONTENTS:
41 A. The Contract Documents which comprise the entire agreement between City and
42 Contractor concerning the Work consist of the following:
43 1. This Agreement.
44 2. Attachments to this Agreement:
45 a. Bid Form
46 1) Proposal Form
47 2) Vendor Compliance to State Law Non-Resident Bidder
48 3) Prequalification Statement
49 4) State and Federal documents(project specific)
50 b. Current Prevailing Wage Rate Table
51 c. Insurance ACORD Form(s)
52 d. Payment Bond
53 e. Performance Bond
54 f. Maintenance Bond
55 g. Power of Attorney for the Bonds
56 h. Worker's Compensation Affidavit
57 i. MBE and/or SBE Utilization Form
58 j. 1295 Form No. 2018-302721
59 3. General Conditions.
60 4. Supplementary Conditions.
61 5. Specifications specifically made a part of the Contract Documents by attachment
62 or, if not attached, as incorporated by reference and described in the Table of
63 Contents of the Project's Contract Documents.
64 6. Drawings.
65 7. Addenda.
66 8. Documentation submitted by Contractor prior to Notice of Award.
67 9. The following which may be delivered or issued after the Effective Date of the
68 Agreement and, if issued,become an incorporated part of the Contract Documents:
69 a. Notice to Proceed.
70 b. Field Orders.
71 c. Change Orders.
72 d. Letter of Final Acceptance.
73
74 Article 6. INDEMNIFICATION
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks
Revised 11.15.17 Project Number 100886
005243-3
Agreement
Page 3 of 6
75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
76 expense, the city, its officers, servants and employees, from and against any and all
77 claims arising out of, or alleged to arise out of, the work and services to be performed
78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
79 under this contract. This indemnification provision is specifically intended to operate
80 and be effective even if it is alleged or proven that all or some of the damages being
81 sought were caused, in whole or in part, by any act, omission or negligence of the city.
82 This indemnity provision is intended to include, without limitation, indemnity for
83 costs, expenses and legal fees incurred by the city in defending against such claims and
84 causes of actions.
85
86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
87 the city, its officers,servants and employees,from and against any and all loss,damage
88 or destruction of property of the city,arising out of,or alleged to arise out of,the work
89 and services to be performed by the contractor, its officers, agents, employees,
90 subcontractors, licensees or invitees under this contract. This indemnification
91 provision is specifically intended to operate and be effective even if it is alleged or
92 proven that all or some of the damages being sought were caused, in whole or in part,
93 by any act,omission or negligence of the city.
94
95 Article 7. MISCELLANEOUS
96 7.1 Terms.
97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
98 have the meanings indicated in the General Conditions.
99 7.2 Assignment of Contract.
100 This Agreement, including all of the Contract Documents may not be assigned by the
101 Contractor without the advanced express written consent of the City.
102 7.3 Successors and Assigns.
103 City and Contractor each binds itself, its partners, successors, assigns and legal
104 representatives to the other party hereto, in respect to all covenants, agreements and
105 obligations contained in the Contract Documents.
106 7.4 Severability.
107 Any provision or part of the Contract Documents held to be unconstitutional, void or
108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
109 remaining provisions shall continue to be valid and binding upon CITY and
110 CONTRACTOR.
111 7.5 Governing Law and Venue.
112 This Agreement, including all of the Contract Documents is performable in the State of
113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
114 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks
Revised 11.15.17 Project Number 100886
005243-4
Agreement
Page 4 of 6
115 7.6 Authority to Sign.
116 Contractor shall attach evidence of authority to sign Agreement if signed by someone other
117 than the duly authorized signatory of the Contractor.
118
119 7.7 Prohibition On Contracts With Companies Boycotting Israel.
120 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
121 Code, the City is prohibited from entering into a contract with a company for goods or
122 services unless the contract contains a written verification from the company that it: (1)
123 does not boycott Israel; and(2)will not boycott Israel during the term of the contract.
124 The terms "boycott Israel"and "company" shall have the meanings ascribed to those terms
125 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor
126 certifies that Contractor's signature provides written verification to the City that
127 Contractor. (1) does not boycott Israel, and(2) will not boycott Israel during the term of
128 the contract.
129
130 7.8 Immigration Nationality Act.
131 Contractor shall verify the identity and employment eligibility of its employees who
132 perform work under this Agreement, including completing the Employment Eligibility
133 Verification Form(I-9). Upon request by City, Contractor shall provide City with copies of
134 all I-9 forms and supporting eligibility documentation for each employee who performs
135 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as
136 establish appropriate procedures and controls so that no services will be performed by any
137 Contractor employee who is not legally eligible to perform such services.
138 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
139 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
140 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES,
141 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
142 Contractor, shall have the right to immediately terminate this Agreement for violations of
143 this provision by Contractor.
144
145 7.9 No Third-Party Beneficiaries.
146 This Agreement gives no rights or benefits to anyone other than the City and the Contractor
147 and there are no third-party beneficiaries.
148
149 7.10 No Cause of Action Against Engineer.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks
Revised 11.15.17 Project Number 100886
005243-5
Agreement
Page 5 of 6
150 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their
151 sureties, shall maintain no direct action against the Engineer, its officers, employees, and
152 subcontractors, for any claim arising out of, in connection with, or resulting from the
153 engineering services performed. Only the City will be the beneficiary of any undertaking by
154 the Engineer. The presence or duties of the Engineer's personnel at a construction site,
155 whether as on-site representatives or otherwise, do not make the Engineer or its personnel
156 in any way responsible for those duties that belong to the City and/or the City's construction
157 contractors or other entities, and do not relieve the construction contractors or any other
158 entity of their obligations, duties, and responsibilities, including, but not limited to, all
159 construction methods, means, techniques, sequences, and procedures necessary for
160 coordinating and completing all portions of the construction work in accordance with the
161 Contract Documents and any health or safety precautions required by such construction
162 work. The Engineer and its personnel have no authority to exercise any control over any
163 construction contractor or other entity or their employees in connection with their work or
164 any health or safety precautions.
165
166 SIGNATURE PAGE TO FOLLOW
167
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS And Willow Springs Elevated Tanks
Revised 11.15.17 Project Number 100886
005243-6
Agreement
Page 6 of 6
168
169 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be
170 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective
171 Date").
172
Contractor:��'}'i(.or .,�c�-1 ` City of Fort ✓ort h
By:
Jesus J. Chapa
By: Assistant City Manager
(Signature)
Date
f�n i moi' Attest: 4111�;�. 4���
(Printed Name) CitySeQfet4y
Title: (Seal) of FO
Address: �g3a Gritti lir• l2
M&C V'
T 7Sa8P Date: Z-2,9-18
Form 1295 No. 2018- 721.
City/State/Zip: Contract Compliance Manage .
By signing, I acknowledge that I am the person
responsible for the monitoring and
Date administration of this contract, including
ensuring all performance and reporting
require ts.
Dena Johnson,�•L
Senior Professional Engineer
A prove as to Form and Legality:
Douglas W. Black
Assistant City Attorney
173
174 APPROVAL RECOMMENDED:
175 lY
176
177 Chris Harder, P.E.
178 ASSISTANT DIRECTOR,
179 Water Department
180
OFFICIAL RECORD
CITY OF FORT WORTH CITY SECRETARYel air and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTSFT WORTH •�( nd Willow Springs Elevated Tanks
Revised 11.15.17 ! Project Number 100886
PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING
ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification
from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall
have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Contractor certifies that
Contractor's signature provides written verification to the City that Contractor:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
THIS PAGE INTENTIONALLY LEFT BLANK
Bond No. P601692800250
0061 13-1
PERFORMANCE BOND
Page I of 2
1 SECTION 00 61 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, A&M Construction and Utilities Inc. , known as
8 "Principal" herein and Philadelphia Indemnity Insurance Company , a corporate
9 surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as
10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
I I municipal corporation created pursuant to the laws of Texas, known as"City" herein, in the penal
12 sum of, One Million Four Hundred Ninety-Five Thousand Two Hundred Dollars
13 ($_1,495,200.00 ), lawful money of the United States,to be paid in Fort Worth,Tarrant County,
14 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
15 executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
16 WHEREAS, the Principal has entered into a certain written contract with the City
17 awarded the 20"' day of February , 2018, which Contract is hereby referred to and
18 made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment
19 labor and other accessories defined by law, in the prosecution of the Work, including any Change
20 Orders, as provided for in said Contract designated as Repair and Repainting of the Seminary
21 Hill Elevated Storage Tank and Interior Coating Replacement of the Willow Springs
22 Elevated Storage Tank.
23 NOW,THEREFORE, the condition of this obligation is such that if the said Principal
24 shall faithfully perform it obligations under the Contract and shall in all respects duly and
25 faithfully perforni the Work, including Change Orders, under the Contract, according to the plans,
26 specifications, and contract documents therein referred to, and as well during any period of
27 extension of the Contract that may be granted on the part of the City, then this obligation shall be
28 and become null and void,otherwise to remain in full force and effect.
29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in
30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
31 Worth Division.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
0061 13-2
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the-2jat)1 day of
6 February , 20-18-
7
01g.7 PRINCIPAL:
8 A&M Construction and Utilities Inc.
10
1 1 BY:
12 Signature
13 ATTEST:
14 Mi9ti�<./ �ad4
15
16 (Principal)Secretary Name and Title
17
18 Address: 4950 Grisham-Dr.
19 _Rowlett, TX 75088 -
20
21 � -
22 Witness as to Principal
23 SURETY:
24 Philadelphia_Indemnity Insurance Company
25 - - _
26 n
27 N.
�i
_- - _
28 S�gr�atu e-
-
29 -
30 Brent M. Blonnian,Attorney-in-FFFcTct;�
31 Name and Title -
32
33 Address: One Bala Plaza, Suite 10.0__
34 Bala Cynwyd,PA 19004
35
36
37 aitnels to Surety Telephone Number: 1-877-438-7.459`
38 Email Address: _
39
40
41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
42 from the by-laws showing that this person has authority to sign such obligation, If
43 Surety's physical address is different from its mailing address, both must be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
45
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July I,2011 Project Number 100886
Bond No. PBO1692800250
0061 14-1
PAYMENTBOND
Page 1 of 2
1 SECTION 00 61 14
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARR.ANT §
7 That we, A&M Construction and Utilities Inc. , known as
8 "Principal" herein, and Philadelphia Indemnity Insurance Company , a
9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as
10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
1 l municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein.
12 in the penal sum of One Million Four Hundred Ninety--Five Thousand Two Hundred Dollars
13 ($-1,495,200.00_), lawful money of the United States, to be paid in Fort Worth, Tarrant County.
14 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs.
15 executors, administrators, successors and assigns,jointly and severally, firmly by these presents:
16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
17 20'1' day of Februa , 2018, which Contract is hereby referred to and made a part
18 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment, labor and
19 other accessories as defined by law, in the prosecution of the Work as provided for in said
20 Contract and designated as Repair and Repainting of the Seminary Hill Elevated Storage
21 Tank and Interior Coating Replacement of the Willow Springs Elevated Storage Tank.
22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
26 force and effect.
27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
29 accordance with the provisions of said statute.
30
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
0061 14-2
PAYMENTBOND
Page 2 of 2
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 26th day of
3 February 20 18
4
PRINCIPAL:
A&M Construction and Utilities, Inc.
ATTEST: BY:
ignature
�`• 6A et r>A rGSiCI�✓if
(Principal) Secretary Name and Title
Address: 4950 Grisham Drive
Rowlett,TX 75088
Witness as to Principal
SURETY:
Philadelphia Indemnity Insurance Company
ATTEST: BY:
Signature
Brent M. Blonigan, Attorney-in-Fac+.
(Surety) Secretary Name and Title
Address: One Bala Plaza,_Suite 100
Bala Cynwyd PA 19004
-- -
itne s s to Surety
Telephone Number: 1-877-438-7459
Email Address:
5
6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
7 bylaws showing that this person has authority to sign such obligation. If Surety's physical
8 address is different from its mailing address, both must be provided.
9
10 The date of the bond shall not be prior to the date the Contract is awarded.
I 1 END OF SECTION
12
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1.2011 Project Number 100886
Bond No. PBO1692800250
006119-1
MAINTENANCE BOND
Page I of
1 SECTION 00 61 19
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we A&M Construction and Utilities inc. , known as
8 "Principal" herein and Philadelphia Indemnity Insurance Company , a corporate surety
9 (sureties, if more than one)duly authorized to do business in the State of Texas, known as
10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
11 municipal corporation created pursuant to the laws of the State of Texas, known as "City"herein,
12 in the sum of One Million Four Hundred Ninety-Five Thousand Two Hundred Dollars
13 ($_] 495 200.00 ), lawful money of the United States,to be paid in Fort Worth, Tarrant County,
14 Texas,for payment of which sum well and truly be made unto the City and its successors,we
15 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
16 firmly by these presents.
17
18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 20°i
19 day of_ February , 2018, which Contract is hereby referred to and made a part hereof for all
20 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
21 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
22 designated as Repair and Repainting of the Seminary Hill Elevated Storage and Interior
23 Coating Replacement of the Willow Springs Elevated Storage Tank; and
24 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
25 accordance with the plans, specifications and Contract Documents that the Work is and will
26 remain free from defects in materials or workmanship for and during the period of two(2)years
27 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
28
29 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
30 upon receiving notice from the City of the need therefor at any time within the Maintenance
31 Period.
32
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
0061 19-2
MAINTENANCE BOND
Page 2 of 3
1 NOW THEREFORE,the condition of this obligation is such that if Principal shall
2 remedy any defective Work, for which timely notice was provided by City,to a completion
3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in
4 full force and effect.
5
6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely
7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
9 the Surety under this Maintenance bond; and
10
I 1 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort
13 Worth Division; and
14
15 PROVIDED FURTHER,that this obligation shall be continuous in nature and
16 successive recoveries may be had hereon for successive breaches.
17
18
19
CITY OF FORT WORTH Repair and Repainting of,Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
0061 19-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 26th day of
3 February 2018
4
5 PRINCIPAL:
6 A&M.Construction and Utilities. Inc.
7
9 BY:
10 Signature
11 ATTEST:
12
13 y
14 (Principal)Secretary Name and Title
15
16 Address: 4950 Grisham Drive
17 RowlettTX 75088
18
19
20 Witness_as to Principal .__
21 SURETY:
22 Philadelphia Indemnity Insurance C9tnpa11
23 Z
24
25 BY:
26 4Signature -
27
28 Brent M. Blonigan,Attorney-in-Fact `-��!,.•-:
29 ATTEST: Name and Title -
30
31 Address: One Bala Plaza, Suite 100
32 ( rety)Secretary Bala C n d PA 19004
33
34
35 tm as to urety Telephone Number: 1-877-438-7459
36 Email Address:
37
38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
39 from the by-laws showing that this person has authority to sign such obligation. If
40 Surety's physical address is different from its mailing address, both must be provided.
41 The date of the bond shall not be prior to the date the Contract is awarded.
42
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
1999
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Debbie Palmer, Kara Pierce,Marci Luse and/or Brent M.
Blonigan of Grayhawk Insurance Associates its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and
other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to
exceed$25,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14ie of November,2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the
authority given. And,be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017.
1927
(Seal) H,r„#ra...
Robert D.O'Leary Jr.,President&CEO
Philadelphia Indemnity Insurance Company
On this 27's day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is
the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed.
gatY Yi'i
NOTMWEEA:. '1r1�^t�w
Marn�"wic Notary Public:
Mrcanr.4snnEsNrn 9 p s!
residing at: Bala Cynwvd.PA
(Notary Seal)
My commission expires: September 25,2021
I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 27's day of October,2017 are true and correct and are still in full force and effect. Ido further
certify that Robert D-O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution 2f the Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, /
In Testimo VVQQwpf I have subscribed my name and affixed the facsimile seal of each Company this da of
Edward Sayago,Corporate Secretary
-
,- PHILADELPHIA INDEMNITY INSURANCE COMPANY
IMPORTANT NOTICE ADVISO IMPORTANTE
To obtain information or make a complaint: You may Para obener informacion o para someter una queja:
call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de
information or to make a complaint at: para informacion o para someter una queja al:
1-877-438-7459 1-877-438-7459
You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia
Company at: Indemnity Insurance Company:
One Bala Plaza, Suite 100 One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004
Attention: Senior Vice President and Attention: Senior Vice President and
Director of Surety Director of Surety
You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de
to obtain information on companies, coverage, rights Seguros de Texas para obtener informacion acerca
or complaints at: de companias, coberturas, derechos o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance Puede escribir al Departrnento de Seguros de Texas:
at:
P.O. Box 149104 P.O. Box 149104
Austin,TX 78714-9104 Austin, TX 78714-9104
Fax#512-475-1771 Fax# 512-475-1771
Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us
Email: ConsumerProtection@tdi.state.tx.us Email: Con sumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS: Si
a dispute concerning your premium or about a claim, tiene una disputa concerniente a su prima o a un
you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si
not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces
of Insurance. comunicarrse con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA:
notice is for information only and does not become a Este aviso es solo para proposito de informacion y
part or condition of the attached document. no se convierte en parte o condicion del documento
adjunto.
ACdDATE(MMIODNYYY)
a✓K CERTIFICATE OF LIABILITY INSURANCE 03/22/18
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. if SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endomement(s).
NTCT
PRODUCER NAME: Maurice Haywood
LOVE INSURANCE AGENCY PH(VClN (214)824-8050AX
5400 E Mockingbird Lane Arc ND:
Dallas, TX 75206 ADDRESS:maurice@loveins.net
INSURER(S) AFFORDING COVERAGE NAICM
INSURER A:Everest National Insuranc Co. 10120
INSURED A & M Construction & Utilities, Inc. INSURER B:progressive 29203
4950 Grisham Drive INSURER C:Texas Mutual Insurance Co. 22945
Rowlett, TX 75088 INSURER D:Travelers Property & Causualty Co 25674
972-412-0255 INSURER E:Atlantic Specialty Insurance Co. 27154
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE INSD gryO POLICY NUMBERMM/DD MMiDDtYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE Fx_1 OCCUR PREMISES Ea occurrence S_ 100,000
X Explosion,Collapse MED EXP(Any one person) $ 5,000
A X Underground Coverage CF4GL00834-171 10/03/2017 10/03/2018 PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000
POLICY JECT FILOC PRODUCTS-COMPIOPAGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE UMII
Ea accident $ 1,000,000
ANYAUTO 10/03/2017 10/03/2018 BODILY INJURY(Per person) $
$ AALL UTOS OWNED X SCHEDULED 04178149-0 BODILY INJURY(Per accident) $
AUTOS
X HIRED AUTO X AUTOS NON-OWNED Per accident $
AUTOS
$
UMBRELLA LIAR 1( OCCUR EACH OCCURRENCE s 2,000,000
ZIP-31M67567-17-NF 10/03/2017 l0/03/2ols
D X EXCESS LIAR CLAIMS-MADE AGGREGATE s 2,000,000
DED I I RETENTION$ $
WORKERS COMPENSATION X STATUTE ER
PERJ7
AND EMPLOYERS'LIABILITY YIN 10/21/2017 10/21/2018
ANY PROPRIETORIPARTNERlEXECUTIVE 0001298423 E.L.EACH ACCIDENT $ 1,000,000
C OFFiCERIMEMBER EXCLUDED? ❑N/A
(MandMGry In NH) E.L.DISEASE-EA EMPLOYEI $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
E Equipment Floater 790024396-0000 01/27/2018 01/27/2019 Leased & Hired Equip
250k per item lm agg
DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES ( 101,Additional Remarks Shcedule,may be attached if more space is required)
The City of Fort Worth is named as an additional insured. A Waiver of Subrogation in favor of
The City of Fort Worth applies for General Liability and Workers Compensation as required by
written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL B DELIVERED IN
City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS, I
1000 Throckmorton
Fort Worth, TX 76102 AUTHORIZED REPR ENTATIVE
01988-2013 ACORD CORPORATI N. All rights reserved.
ACORD25(2013/04) The ACORD name and logo are registered marks of ACORD
006125-1
CERTIFICATE OF INSURANCE
Page 1 of 1
1 SECTION 00 6125
2 CERTIFICATE OF INSURANCE
3
4
5
6 [Assembler: For Contract Document execution, remove this page and replace with standard
7 -4 CORD Certificate of Insurance form.]
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 END OF SECTION
CITY OF FORT WORTH Repair and Repainting of Seminary Hill and
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
THIS PAGE INTENTIONALLY LEFT BLANK
00 72 00
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision:February 2,2016
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 —Definitions and Terminology...........................................................................................................1
1.1 Defined Terms................................................................................................................................1
1.2 Terminology...................................................................................................................................6
Article2—Preliminary Matters..........................................................................................................................7
2.1 Copies of Documents.....................................................................................................................7
2.2 Commencement of Contract Time;Noticeto Proceed..............................................................7
2.3 Starting the Work...........................................................................................................................8
2.4 Before Starting Construction.........................................................................................................8
2.5 Preconstruction Conference...........................................................................................................8
2.6 Public Meeting..........................................................................................................................8
2.7 Initial Acceptance of Schedules.....................................................................................................8
Article 3 —Contract Documents: Intent,Amending,Reuse.............................................................................8
3.1 Intent...............................................................................................................................................8
3.2 Reference Standards.......................................................................................................................9
3.3 Reporting and Resolving Discrepancies........................................................................................9
3.4 Amending and Supplementing Contract Documents................................................................. 10
3.5 Reuse of Documents....................................................................................................................10
3.6 Electronic Data.......................................................................................................................11
Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental
Conditions;Reference Points .......................................................................................................11
4.1 Availability of Lands...................................................................................................................11
4.2 Subsurface and Physical Conditions........................................................................................... 12
4.3 Differing Subsurface or Physical Conditions..........................................................................12
4.4 Underground Facilities.................................................................................................................13
4.5 Reference Points.....................................................................................................................14
4.6 Hazardous Environmental Condition at Site............................................................................14
Article 5 —Bonds and Insurance.......................................................................................................................16
5.1 Licensed Sureties and Insurers.....................................................................................................16
5.2 Performance,Payment, and Maintenance Bonds....................................................................... 16
5.3 Certificates of Insurance...............................................................................................................16
5.4 Contractor's Insurance.................................................................................................................18
5.5 Acceptance of Bonds and Insurance; Option to Replace.........................................................19
Article 6—Contractor's Responsibilities..........................................................................................................19
6.1 Supervision and Superintendence................................................................................................19
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision:February 2,2016
6.2 Labor; Working Hours............................................................................................................20
6.3 Services,Materials, and Equipment.............................................................................................20
6.4 Project Schedule .....................................................................................................................21
6.5 Substitutes and"Or-Equals" .......................................................................................................21
6.6 Concerning Subcontractors, Suppliers, and Others....................................................................24
6.7 Wage Rates.............................................................................................................................25
6.8 Patent Fees and Royalties.............................................................................................................26
6.9 Permits and Utilities.....................................................................................................................27
6.10 Laws and Regulations..................................................................................................................27
6.11 Taxes.............................................................................................................................................28
6.12 Use of Site and Other Areas....................................................................................................28
6.13 Record Documents.......................................................................................................................29
6.14 Safety and Protection ...................................................................................................................29
6.15 Safety Representative...................................................................................................................30
6.16 Hazard Communication Programs...............................................................................................30
6.17 Emergencies and/or Rectification............................................................................................... 30
6.18 Submittals.....................................................................................................................................31
6.19 Continuing the Work....................................................................................................................32
6.20 Contractor's General Warranty and Guarantee........................................................................32
6.21 Indemnification...........................................................................................................................33
6.22 Delegation of Professional Design Services............................................................................... 34
6.23 Right to Audit...............................................................................................................................34
6.24 Nondiscrimination........................................................................................................................35
Article 7-Other Work atthe Site...............................................................................................................35
7.1 Related Work at Site...............................................................................................................35
7.2 Coordination.................................................................................................................................36
Article 8-City's Responsibilities....................................................................................................................36
8.1 Communications to Contractor................................................................................................... 36
8.2 Furnish Data............................................................................................................................36
8.3 Pay When Due........................................................................................................................36
8.4 Lands and Easements; Reports and Tests................................................................................36
8.5 Change Orders..............................................................................................................................36
8.6 Inspections,Tests, and Approvals............................................................................................... 36
8.7 Limitations on City's Responsibilities........................................................................................ 37
8.8 Undisclosed Hazardous Environmental Condition..................................................................37
8.9 Compliance with Safety Program................................................................................................37
Article 9-City's Observation StatusDuring Construction............................................................................37
9.1 City's Project Manager...............................................................................................................37
9.2 Visits to Site............................................................................................................................37
9.3 Authorized Variations in Work................................................................................................... 38
9.4 Rejecting Defective Work.......................................................................................................38
9.5 Determinations for Work Performed.......................................................................................... 38
9.6 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision:February 2,2016
Article 10—Changes in the Work;Claims;Extra Work.................................................................................38
10.1 Authorized Changes in the Work................................................................................................38
102 Unauthorized Changes in the Work.............................................................................................39
103 Execution ofChange Orders...................................................................................................39
104 Extra Work...................................................................................................................................39
105 Notification to Surety..............................................................................................................39
10.6 Contract Claims Process..............................................................................................................40
Article 11 —Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41
11.1 Cost ofthe Work..........................................................................................................................41
112 Allowances.............................................................................................................................43
113 Unit Price Work...........................................................................................................................44
114 Plans Quantity Measurement.......................................................................................................45
Article 12—Change of Contract Price;Change of Contract Time..................................................................46
121 Change of Contract Price.............................................................................................................46
122 Change of Contract Time............................................................................................................47
123 Delays...........................................................................................................................................47
Article 13 —Tests and Inspections;Correction,Removal or Acceptance of Defective Work.......................48
13.1 Notice of Defects.........................................................................................................................48
132 Access to Work............................................................................................................................48
133 Tests and Inspections...................................................................................................................48
134 Uncovering Work........................................................................................................................49
135 City May Stop the Work..............................................................................................................49
13.6 Correction or Removal of Defective Work.................................................................................50
13.7 Correction Period.........................................................................................................................50
13.8 Acceptance ofDefective Work...................................................................................................51
139 City May Correct Defective Work..............................................................................................51
Article 14—Payments to Contractor and Completion.................................................................................52
14.1 Schedule of Values.................................................................................................................52
142 Progress Payments.......................................................................................................................52
143 Contractor's Warranty of Title................................................................................................54
144 Partial Utilization.........................................................................................................................55
145 Final Inspection............................................................................................................................55
14.6 Final Acceptance....................................................................................................................55
14.7 Final Payment...............................................................................................................................56
14.8 Final Completion Delayed and Partial Retainage Release.......................................................56
149 Waiver of Claims.........................................................................................................................57
Article 15 —Suspension of Work and Termination..........................................................................................57
15.1 City May Suspend Work..............................................................................................................57
152 City May Terminate for Cause................................................................................................58
153 City May Terminate For Convenience........................................................................................60
Article 16—Dispute Resolution.......................................................................................................................61
16.01 Methods and Procedures..............................................................................................................61
MY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision:February 2,2016
Article17—Miscellaneous...............................................................................................................................62
17.1 Giving Notice.........................................................................................................................62
172 Computation of Times.................................................................................................................62
173 Cumulative Remedies..................................................................................................................62
174 Survival of Obligations................................................................................................................63
175 Headings.................................................................................................................................63
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revision:February 2,2016
00 72 00-1
GENERAL CONDITIONS
Pagel of 63
ARTICLE 1 –DEFINITIONS AND TERMINOLOGY
1.1 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents,the terms listed below
have the meanings indicated which are applicable to both the singular and plural thereof, and
words denoting gender shall include the masculine, feminine and neuter. Said terms are generally
capitalized or written in italics, but not always. When used in a context consistent with the
definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct,or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United States
Occupational Safety and Health Administration.
5. Award–Authorization by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to City.
8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form,if any,and the Bid Form with any supplements.
10. Business Day–A business day is defined as a day that the City conducts normal business,
generally Monday through Friday,except for federal or state holidays observed by the City.
11. Buzzsaw–City's on-line, electronic document management and collaboration system.
12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight.
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13. Change Order—A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager – The officially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representative.
18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract.A demand for money or services by a third party is not a Contract Claim.
19. Contract—The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements,whether written or oral.
20. Contract Documents—Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price—The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement(subject to the provisions
of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and(ii)complete the Work so that it is ready for Final Acceptance.
23. Contractor—The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work—See Paragraph 11.01 of these General Conditions fordefinition.
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25. Damage Claims – A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
26. Day or day–A day,unless otherwise defined,shall mean a Calendar Day.
27. Director of Aviation – The officially appointed Director of the Aviation Department of the
City of Fort Worth,Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Community Services– The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development – The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
30. Director of Transportation Public Works – The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative,assistant, or agents.
31. Director of Water Department – The officially appointed Director of the Water Department
of the City of Fort Worth,Texas, or his duly appointed representative, assistant, or agents.
32. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by Contractor.
Submittals are not Drawings as so defined.
33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work – Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the Contract
Documents.Extra work shall be part of the Work.
36. Field Order—A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time ofaward.
37. Final Acceptance – The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
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38. Final Inspection – Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements—Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item–An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5%of the original Contract Price or$25,000 whichever is less.
45. Milestone—A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award—The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver theAgreement.
47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the Work
specified in Contract Documents.
48. PCBs—Polychlorinated biphenyls.
49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
50. Plans–See definition of Drawings.
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51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
52. Project—The Work to be performed under the Contract Documents.
53. Project Manager—The authorized representative of the City who will be assigned to the
Site.
54. Public Meeting – An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time.
56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday(excluding legal holidays).
57. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related construction
activities.
59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed,including rights-of-way,permits,and easements for access
thereto,and such other lands furnished by City which are designated for the use of Contractor.
61. Specifications—That part of the Contract Documents consisting of written requirements for
materials,equipment,systems, standards and workmanship as applied to the Work,and certain
administrative requirements and procedural matters applicable thereto. Specifications may be
specifically made a part of the Contract Documents by attachment or, if not attached,may be
incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each
Project.
62. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
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63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by Contractor
to illustrate some portion of the Work.
64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
65. Superintendent— The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
66. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water,wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
69. Unit Price Work—See Paragraph 11.03 of these General Conditions fordefinition.
70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
71. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performance of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m.and 6 p.m.
1.2 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but,when used in
the Bidding Requirements or Contract Documents,have the indicated meaning.
B. Intent of Certain Terms orAdjectives:
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1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory,faulty,or deficient in that it:
a. does not conform to the Contract Documents;or
b. does not meet the requirements of any applicable inspection,reference standard,test, or
approval referred to in the Contract Documents;or
c. has been damaged prior to City's written acceptance.
D. Furnish,Install, Perform,Provide:
1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognizedmeaning.
ARTICLE 2—PRELIMINARY MATTERS
2.1 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.2 Commencement of Contract Time;Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed.A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
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2.3 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.4 Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
2.5 Preconstruction Conference
Before any Work at the Site is started,the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.6 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
2.7 Initial Acceptance of Schedules
No progress payment shall be made to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE
3.1 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof]to be constructed in accordance with the Contract Documents.Any labor, documentation,
services, materials, or equipment that reasonably may be inferred from the Contract Documents
or from prevailing custom or trade usage as being required to produce the indicated result will be
provided whether or not specifically called for, at no additional cost to City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form,format and style. Some Specification sections may be written
in varying degrees of streamlined or declarative style and some sections may be relatively
narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in
conformity with," "as shown," or "as specified" are intentional in streamlined sections.
Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear
in various parts of a section or articles within a part depending on the format of the
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section.The Contractor shall not take advantage of any variation of form, format or style in
making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.2 Reference Standards
A. Standards, Specifications, Codes,Laws, and Regulations
1. Reference to standards, specifications,manuals,or codes of any technical society,organization,
or association,or to Laws or Regulations,whether such reference be specific or by implication,
shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the
time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents.No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.3 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work. If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation, (b) any standard, specification, manual, or code,or(c) any instruction of
any Supplier,then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby(except in an emergency as required by Paragraph
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6.17.A)until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph3.04.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual,or the instruction of any Supplier(whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.4 Amending and Supplementing ContractDocuments
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized,by one or more ofthe following ways:
1. A Field Order;
2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C);or
3. City's written interpretation or clarification.
3.5 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written verification
or adaptation by Engineer.
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B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.6 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions,the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format
of text,data,graphics,or other types are furnished only for the convenience of the receiving party.
Any conclusion or information obtained or derived from such electronic files will be at the user's
sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies
govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility,usability,or readability of documents resulting from
the use of software application packages, operating systems,or computer hardware differing from
those used by the data's creator.
ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS
4.1 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work.City will obtain in a timely manner and pay for easements for permanent
structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions.The Project Schedule
submitted by the Contractor in accordance with the Contract Documents must consider any
outstanding right-of-way,and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted,and/or relocated byothers.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.2 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members,partners, employees, agents, consultants, or subcontractors with respectto:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings;or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations,opinions, or information.
4.3 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate;or
2. is of such a nature as to require a change in the Contract Documents;or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
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then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A),notify City in writing about such condition.
B. Possible Price and TimeAdjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if-
1.
£1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under anegotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.4 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on information
and data furnished to City or Engineer by the owners of such Underground Facilities,
including City, or by others. Unless it is otherwise expressly provided in the Supplementary
Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others;and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities,including City, during construction;and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated.-
1.
ndicated:1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
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Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.5 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City's judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for roadway
and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and
preserve the established reference points and property monuments, and shall make no changes or
relocations. Contractor shall report to City whenever any reference point or property monument is
lost or destroyed or requires relocation because of necessary changes in grades or locations. The
City shall be responsible for the replacement or relocation of reference points or property
monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify
City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or
willfully destroyed, disturbed, or removed by the Contractor or any of his employees,the full cost
for replacing such points plus 25%will be charged against the Contractor,and the full amount will
be deducted from payment due the Contractor.
4.6 Hazardous Environmental Condition atSite
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known
to City relating to Hazardous Environmental Conditions that have been identified at the Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members,partners, employees, agents, consultants, or subcontractors with respectto:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
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construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings;or
3. any Contractor interpretation of or conclusion drawn from any "technical data"or any such
other data, interpretations,opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for
a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby(except in an emergency as required by Paragraph
6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may
consider the necessity to retain a qualified expert to evaluate such condition or take corrective
action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered written
notice to Contractor: (i) specifying that such condition and any affected area is or has been
rendered suitable for the resumption of Work;or(ii)specifying any special conditions under which
such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe,or does not agree to resume such Work under such special conditions,
then City may order the portion of the Work that is in the area affected by such condition to be
deleted from the Work. City may have such deleted portion of the Work performed by City's own
forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City,from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is responsible.
Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity
from and against the consequences of that individual's or entity's own negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
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ARTICLE 5—BONDS AND INSURANCE
5.1 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.2 Performance, Payment, and Maintenance Bonds
A Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor's obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
to protect the City against any defects in any portion of the Work described in the Contract
Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final
Acceptance by the City.
C All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise
by Laws or Regulations, and shall be executed by such sureties as are named in the list of
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch,U.S.Department of the Treasury.All bonds signed by
an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which
shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification,provide another bond and surety, both of which shall comply with
the requirements of Paragraphs 5.01 and 5.02.C.
5.3 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the
Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by
City or any other additional insured)which Contractor is required to purchase and maintain.
1. The certificate of insurance shall document the City,and all identified entities named in the
Supplementary Conditions as"Additional Insured"on all liability policies.
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2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement,which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured,
be complete in its entirety, and show complete insurance carrier names as listed in the current
A.M. Best Property&Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor's obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance coverage,
and the City desires the contractor/engineer to obtain such coverage, the contract price shall
be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders'equity. In
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lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups,must also be approved by City.
11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a
first-dollar basis,must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed necessary
and prudent by the City based upon changes in statutory law, court decision or the claims
history of the industry as well as of the contracting party to the City. The City shall be required
to provide prior notice of 90 days,and the insurance adjustments shall be incorporated into the
Work by Change Order.
13. City shall be entitled, upon written request and without expense,to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract.Deletions,revisions,
or modifications shall not be required where policy provisions are established by law or
regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
5.4 Contractor's Insurance
A Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act(Texas Labor Code,Ch.406,as amended), and minimum limits for Employers'
Liability as is appropriate for the Work being performed and as will provide protection from claims
set forth below which may arise out of or result from Contractor's performance of the Work and
Contractor's other obligations under the Contract Documents, whether it is to be performed by
Contractor,any Subcontractor or Supplier,or by anyone directly or indirectly employed by any of
them to perform any of the Work,or by anyone for whose acts any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
R Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
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insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
E Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured.There shall be no time credit for days not worked pursuant to this section.
5.5 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates(or other evidence requested).Contractor shall
provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required
by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the
start of the Work, or of such failure to maintain prior to any change in the required coverage.
ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision and Superintendence
A Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means,methods,techniques, sequences, and procedures of construction.
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B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction.
6.2 Labor; Working Hours
A Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication)to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2)Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.3 Services, Materials, and Equipment
A Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up,and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests)as to the source,kind,and quality of materials and equipment.
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C All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier,except as otherwise may be provided in the Contract Documents.
D All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid,unless otherwise specified.
6.4 Project Schedule
A Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification 013 2 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.5 Substitutes and"Or-Equals"
A Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type,function, appearance, and quality required.Unless the
specification or description contains or is followed by words reading that no like, equivalent, or
"or-equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or-equal" item, in which
case review and approval of the proposed item may, in City's sole discretion,be accomplished
without compliance with some or all of the requirements for approval of proposed substitute
items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment
will be considered functionally equal to an item so named if-
a.
£a. the City determinesthat:
1) it is at least equal in materials of construction, quality, durability,appearance,
strength, and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole;and
3) it has a proven record of performance and availability of responsive service;and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time;and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to determine
if the item of material or equipment proposed is essentially equivalent to that named and
an acceptable substitute therefor. Requests for review of proposed substitute items of
material or equipment will not be accepted by City from anyone other than Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to thatspecified;
c) be suited to the same use as that specified;and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance,repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
a Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence,
or procedure of construction is expressly required by the Contract Documents, Contractor may
furnish or utilize a substitute means, method, technique, sequence, or procedure of construction
approved by City. Contractor shall submit sufficient information to allow City, in City's sole
discretion, to determine that the substitute proposed is equivalent to that expressly called for by
the Contract Documents. Contractor shall make written application to City for review in the same
manner as those provided in Paragraph 6.05.A.2.
C City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13.City may require Contractor
to furnish additional data about the proposed substitute.City will be the sole judge of acceptability.
No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete,
which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal
for an"or-equal."City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out of
the use of substituted materials or equipment.
E City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents(or in the provisions
of any other direct contract with City) resulting from the acceptance of each proposed substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal"at Contractor's expense.
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G City Substitute Reimbursement: Costs(savings or charges)attributable to acceptance of a substitute
shall be incorporated to the Contract by Change Order.
H Time Extensions:No additional time will be granted for substitutions.
6.6 Concerning Subcontractors, Suppliers, and Others
A Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other
individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable
participation by Minority Business Enterprises (MBE) in the procurement of goods and services
on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required
to comply with the intent of the City's MBE Ordinance(as amended)by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall,upon request by City,allow an audit and/or examination of any books,records,
or files in the possession of the Contractor that will substantiate the actual work performed by
an MBE. Material misrepresentation of any nature will be grounds for termination of the
Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds
for disqualification of Contractor to bid on future contracts with the City for a period of
not less than three years.
E Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
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1, shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity;nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor,Supplier,or other individual or entity except as may otherwise be
required by Laws and Regulations.
F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct
or indirect contract with Contractor.
G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any
of the Work shall communicate with City through Contractor.
H All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit ofCity.
6.7 Wage Rates
A Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penaltyfor Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated
in these contract documents. This penalty shall be retained by the City to offset its administrative
costs,pursuant to Texas Government Code 225 8.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's
determination that there is good cause to believe the Contractor or Subcontractor has violated
Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the
difference between wages paid and wages due under the prevailing wage rates,such amounts being
subtracted from successive progress payments pending a final determination of the violation.
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D Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section
2258.023, Texas Government Code, including a penalty owed to the City or an affected worker,
shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act
(Article 224 et seq.,Revised Statutes)if the Contractor or Subcontractor and any affected worker
does not resolve the issue by agreement before the 15th day after the date the City makes its initial
determination pursuant to Paragraph C above. If the persons required to arbitrate under this
section do not agree on an arbitrator before the 11th day after the date that arbitration is required,
a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a
party in the arbitration. The decision and award of the arbitrator is final and binding on all parties
and may be enforced in any court of competentjurisdiction.
E Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three(3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and(ii) the actual per diem wages paid to each worker.The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
E Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the requirements
of Chapter 2258, Texas Government Code.
GL Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
6.8 Patent Fees and Royalties
A Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product,or device which is the subject of patent rights or copyrights held by others. If a particular
invention,design,process,product, or device is specified in the Contract Documents for use in the
performance of the Work and if,to the actual knowledge of City, its use is subject to patent rights
or copyrights calling for the payment of any license fee or royalty to others,the existence of such
rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such
information does not relieve the Contractor from its obligations to pay for the use of said fees or
royalties to others.
R To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City,from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
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the incorporation in the Work of any invention, design,process,product, or device not specified
in the Contract Documents.
6.9 Permits and Utilities
A Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor,when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided
for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes,the Contractor is responsible for obtaining clearances
and coordinating with the appropriate regulatory agency. The City will not reimburse the
Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S.Army Corps ofEngineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
C Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding permits
and licenses.
6.10 Laws and Regulations
A Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
13. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations,Contractor shall bear all claims,costs,losses,and damages(including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all
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court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract Price
or Contract Time.
611 Taxes
A On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code,Subchapter H,Sections 151.301-335(as amended),the Contractor may purchase,
rent or lease all materials, supplies and equipment used or consumed in the performance of this
contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption
certificate to comply with State Comptroller's Ruling .007.Any such exemption certificate issued
to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State
Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code,
Subchapter H.
B. Texas Tax permits and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. htip://www.window.state.tx.us/taxinfo/taxforrns/93-forms.html
612 Use of Site and Other Areas
A Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or other
materials or equipment.Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting
from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work,the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
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3. Should any Damage Claim be made by any such owner or occupant because of the performance
of the Work,Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or action,
legal or equitable, brought by any such owner or occupant against City.
a Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,rubbish,
and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall
conform to applicable Laws and Regulations.
C Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-
up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to
correct the unsatisfactory procedure, the City may take such direct action as the City deems
appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice
(by letter or electronic communication), and the costs of such direct action, plus 25 % of such
costs, shall be deducted from the monies due or to become due to the Contractor.
D Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A Contractor shall maintain in a safe place at the Site or in a place designated by the Contractorand
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.Upon
completion of the Work, these record documents, any operation and maintenance manuals, and
Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate
locations for buried and imbedded items.
6.14 Safety and Protection
A Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
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take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site;and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal,relocation,or replacement in the course of construction.
R Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal,relocation,and replacement of their property.
C Contractor shall comply with the applicable requirements of City's safety programs, if any.
D Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly, in whole or in part,by Contractor, any Subcontractor, Supplier,or any other
individual or entity directly or indirectly employed by any of them to perform any of the Work,or
anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
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changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is required
because of the action taken by Contractor in response to such an emergency, a Change Order may
be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours,the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals(as required by Paragraph 2.07). Each submittal will be
identified as City may require.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities,dimensions,specified
performance and design criteria, materials, and similar data to show City the services,
materials, and equipment Contractor proposes to provide and to enable City to review the
information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.18.C.
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B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C City's Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City's review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design concept
of the completed Project as a functioning whole as indicated by the Contract Documents.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents)or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
6.20 Contractor's General Warranty and Guarantee
A Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
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2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute.None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2, recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal byCity;
6. any inspection,test, or approval by others;or
7. any correction of defective Work byCity.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish
a good and sufficient maintenance bond, complying with the requirements of Article
5.02.B. The City will give notice of observed defects with reasonable promptness.
6.21 Indemnification
A Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the City, its officers, servants and employees, from and against any and all claims
arising out of, or alleged to arise out of, the work and services to be performed by the
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF THE DAMAGES BEING SOUGHT WERE, CAUSED, IN WHOLE OR IN
PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity
provision is intended to include,without limitation, indemnity for costs, expenses and legal
fees incurred by the City in defending against such claims and causes of actions.
R Contractor covenants and agrees to indemnify and hold harmless,at its own expense,the City,
its officers,servants and employees,from and against any and all loss,damage or destruction
of property of the City, arising out of, or alleged to arise out of, the work and services to be
performed by the Contractor, its officers, agents, employees, subcontractors, licensees or
invitees under this Contract. THIS INDEMNIFICATION PROVISION IS
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SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROUN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegation of Professional Design Services
A Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such services
are required to carry out Contractor's responsibilities for construction means, methods,techniques,
sequences and procedures.
R If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
6.23 Right to Audit
A The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
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Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
C Contractor and Subcontractor agree to photocopy such documents as maybe requested by the City.
The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published
in the Texas Administrative Code in effect as of the time copying is performed.
6.24 Nondiscrimination
A The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race,color,or national origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7—OTHER WORK AT THE SITE
7.1 Related Work at Site
A City may perform other work related to the Project at the Site with City's employees, or other
City contractors,or through other direct contracts therefor,or have other work performed by utility
owners. If such other work is not noted in the Contract Documents, then written notice thereof
will be given to Contractor prior to starting any such other work;and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner,and City, if City is performing other work with City's employees or other City contractors,
proper and safe access to the Site,provide a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of such other work, and properly coordinate the
Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be
required to properly connect or otherwise make its several parts come together and properly
integrate with such other work. Contractor shall not endanger any work of others by cutting,
excavating, or otherwise altering such work; provided, however,that Contractor may cut or alter
others'work with the written consent of City and the others whose work will be affected.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or deficiencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's Work except for latent defects in the work provided by others.
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7.2 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site,the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2 the specific matters to be covered by such authority and responsibility will be itemized;and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions,City shall have authority for such
coordination.
ARTICLE 8—CITY'S RESPONSIBILITIES
8.1 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.2 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.3 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
8.4 Lands and Easements;Reports and Tests
City's duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's
identifying and making available to Contractor copies of reports of explorations and tests of subsurface
conditions and drawings of physical conditions relating to existing surface or subsurface structures at
or contiguous to the Site that have been utilized by City in preparing the Contract Documents.
8.5 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.6 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
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8.7 Limitations on City's Responsibilities
A The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.8 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.9 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.1 City's Project Manager
City will provide one or more Project Manager(s) during the construction period. The duties and
responsibilities and the limitations of authority of City's Project Manager during construction are set
forth in the Contract Documents.The City's Project Manager for this Contract is< insert name here
>, or his/her successor pursuant to written notification from the Director of < insert managing
department here>.
9.2 Visits to Site
A City's Project Manager will make visits to the Site at intervals appropriate to the various stages
of construction as City deems necessary in order to observe the progress that has been made and
the quality of the various aspects of Contractor's executed Work. Based on information
obtained during such visits and observations, City's Project Manager will determine, in general, if
the Work is proceeding in accordance with the Contract Documents. City's Project Manager will
not be required to make exhaustive or continuous inspections on the Site to check the quality or
quantity of the Work. City's Project Manager's efforts will be directed toward providing City a
greater degree of confidence that the completed Work will conform generally to the Contract
Documents.
B. City's Project Manager's visits and observations are subject to all the limitations on authority and
responsibility in the Contract Documents including those set forth in Paragraph
8.07.
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9.3 Authorized Variations in Work
City's Project Manager may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time
and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor,who shall perform the Work involved promptly.
9.4 Rejecting Defective Work
City will have authority to reject Work which City's Project Manager believes to be defective,or will
not produce a completed Project that conforms to the Contract Documents or that will prejudice the
integrity of the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.City will have authority to conduct special inspection or testing of the Work as
provided in Article 13,whether or not the Work is fabricated, installed,or completed.
9.5 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Manager will review with Contractor the preliminary determinations on such matters before rendering
a written recommendation.City's written decision will be final(except as modified to reflect changed
factual conditions or more accurate data).
9.6 Decisions on Requirements of Contract Documents and Acceptability of Work
A City will be the initial interpreter of the requirements of the Contract Documents and judge ofthe
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will be final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.1 Authorized Changes in the Work
A Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
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10.2 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as
provided in Paragraph 6.17.
10.3 Execution of Change Orders
A City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i)ordered by City pursuant to Paragraph 10.01.A,(ii)required
because of acceptance of defective Work under Paragraph 13.08 or City's correction of
defective Work under Paragraph 13.09,or(iii)agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.4 Extra Work
A Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof,and the City insists upon its performance,the Contractor shall proceed with the work after
making written request for written orders and shall keep accurate account of the actual reasonable
cost thereof.Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.5 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the general
scope of the Work or the provisions of the Contract Documents (including, but not limited to,
Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility.
The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any
such change.
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10.6 Contract Claims Process
A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09,shall be referred to the City for decision.A decision by City shall be required as a condition
precedent to any exercise by Contractor of any rights or remedies he may otherwise have under
the Contract Documents or by Laws and Regulations in respect of such Contract Claims.
R Notice:
1. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim,with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto(unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5. Each Contract Claim shall be accompanied by Contractor's written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant's last submittal(unless Contract allows additional time).
C City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any,take one of the following actions in writing:
1, deny the Contract Claim in whole or in part;
2. approve the Contract Claim;or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim,such notice shall be deemed a denial.
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D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.1 Cost of the Work
A Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in the
Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, and shall
include but not be limited to the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55%markup,or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2 Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
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4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City,who will then determine,which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall
be determined in the same manner as Contractor's Cost of the Work and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers,which are consumed in the performance of the Work, and cost,less
market value, of such items used but not consumed which remain the property of
Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor,any Subcontractor,or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable. Such losses shall
include settlements made with the written consent and approval of City. No such losses,
damages, and expenses shall be included in the Cost of the Work for the purpose of
determining Contractor's fee.
f. The cost of utilities,fuel,and sanitary facilities at the Site.
g. Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty cash
items in connection with the Work.
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h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded:The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0I.A.I or specifically covered by Paragraph 11.0I.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2 Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied,and making good any damage to property.
5. Other overhead or general expense costs of any kind.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor's fee shall be determined as set forth inParagraph 12.01.C.
D Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.2 Allowances
A Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City.
B Pre-bid Allowances:
1. Contractor agrees that:
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a. the pre-bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site,and all applicable taxes;and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the pre-bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance:Contractor agrees that a contingency allowance,if any,is for the sole use
of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.3 Unit Price Work
A Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the estimated
quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price work
listed and the cost of incidental work included as part of the unit price.
D City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement;and
2 there is no corresponding adjustment with respect to any other item of Work.
E Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
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2 If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unitprice.
11.4 Plans Quantity Measurement
A Plans quantities may or may not represent the exact quantity of work performed or material moved,
handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities,unless revised by the governing Section or this Article.
a If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes.The party
to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item,except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error,or to correct an error on the plans,the plans quantity will be increased or decreased
by the amount involved in the change, and the 25%variance will apply to the new plans quantity.
D If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item,then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity.
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E For callout work or non-site specific Contracts,the plans quantity measurement requirements are
not applicable.
ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
12.1 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved(subject to the provisions
of Paragraph 11.03);or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost
of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work;
or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the
basis of the Cost of the Work(determined as provided in Paragraph 11.01)plus a Contractor's
fee for overhead and profit(determined as provided in Paragraph 12.0 LC).
C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as
follows:
1. a mutually acceptable fixed fee;or
2. if a fixed fee is not agreed upon,then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.O1.A.1, 11.O1.A.2.and 11.01.A.3, the
Contractor's additional fee shall be 15 percent except for:
1) rental fees for Contractor's own equipment using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.0I.A.4 and 11.0I.A.5,the Contractor's fee shall be
five percent(5%);
1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and
12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever
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tier,will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent(5%) of the amount paid to the next
lower tier Subcontractor,however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0 LA.6, and
11.01.13;
d. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction
in Contractor's fee by an amount equal to five percent(5%)of such net decrease.
12.2 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the
Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed
delay adversely affects the critical path.
12.3 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor,the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made
therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or
neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in
this Paragraph.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any,which is to be furnished by the City.
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ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1 Notice ofDefects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.2 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection,and testing.
Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor's safety procedures and programs so that they may comply therewith as applicable.
13.3 Tests and Inspections
A Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
a If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections,tests,retests or approvals,
pay all costs in connection therewith, and furnish City the required certificates of inspection or
approval; excepting, however, those fees specifically identified in the Supplementary Conditions
or any Texas Department of Licensure and Regulation(TDLR)inspections,which shall be paid as
described in the SupplementaryConditions.
C Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.
Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to
City.
D City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests ("Testing") for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible,with Contractor;
2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.4 Uncovering Work
A If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out of
or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others);or City shall be entitled to accept defective Work in accordance
with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated
with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time,or both,directly attributable to such
uncovering, exposure, observation, inspection,testing,replacement, and reconstruction.
13.5 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents,City may order Contractor to stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however, this right of City to stop the Work shall not give
rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
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Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.6 Correction or Removal of Defective Work
A Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule,whether or not fabricated,installed,or completed,or, if the Work has been
rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such Work.
R When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.7 Correction Period
A If within two(2) years after the date of Final Acceptance(or such longer period of time as may be
prescribed by the terms of any applicable special guarantee required by the Contract Documents),
any Work is found to be defective, or if the repair of any damages to the land or areas made
available for Contractor's use by City or permitted by Laws and Regulations as contemplated in
Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in
accordance with City's written instructions:
1. repair such defective land or areas;or
2. correct such defective Work;or
3. if the defective Work has been rejected by City,remove it from the Project and replace it
with Work that is not defective,and
4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work
of others or other land or areas resulting therefrom.
a If Contractor does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects,attorneys, and other professionals and all court or other dispute resolution costs)arising
out of or relating to such correction or repair or such removal and replacement(including but not
limited to all costs of repair or replacement of work of others)will be paid by Contractor.
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C. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Contract Documents.
D Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of,the provisions of any applicable statute of limitation orrepose.
13.8 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City's evaluation of and determination to accept
such defective Work and for the diminished value of the Work to the extent not otherwise paid by
Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work, and City
shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of
Work so accepted.
13.9 City May Correct Defective Work
A If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven(7) days written notice to Contractor, correct,or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude Contractor
from all or part of the Site, take possession of all or part of the Work and suspend Contractor's
services related thereto, and incorporate in the Work all materials and equipment incorporated in
the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere.
Contractor shall allow City, City's representatives, agents, consultants, employees, and City's
other contractors, access to the Site to enable City to exercise the rights and remedies under this
Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
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costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work;and City shall be entitled
to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 Schedule ojValues
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
acceptable to City.Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.2 Progress Payments
A. Applications for Payments:
1. Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment,Contractor shall submit to City for review an Application for Payment filled out and
signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear of
all Liens and evidence that the materials and equipment are covered by appropriate insurance
or other arrangements to protect City's interest therein, all of which must be satisfactory to
City.
4. Beginning with the second Application for Payment,each Application shall include an affidavit
of Contractor stating that previous progress payments received on account of the Work have
been applied on account to discharge Contractor's legitimate obligations associated with prior
Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
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B. Review of Applications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work,and on City's review of the Application for Payment
and the accompanying data and schedules,that to the best ofCity's knowledge:
a. the Work has progressed to thepoint indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,the
results of any subsequent tests called for in the Contract Documents, a final determination
of quantities and classifications for Work performed under Paragraph 9.05, and any other
qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically assigned
to City in the Contract Documents;or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor's performance
of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications forpayment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
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e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent
(10%).
2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent
(5%).
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor,not as a penalty,but as liquidated damages suffered
by the City.
E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b. there are other items entitling City to a set-off against the amount recommended;or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor written
notice stating the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld.City shall pay Contractor the amount so withheld, or any
adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons
for such action.
14.3 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment,whether incorporated in the Project or not,will pass to City no later than the
time of payment free and clear of all Liens.
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14.4 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which City,
determines constitutes a separately functioning and usable part of the Work that can be used
by City for its intended purpose without significant interference with Contractor's performance of
the remainder of the Work. City at any time may notify Contractor in writing to permit City to use
or occupy any such part of the Work which City determines to be ready for its intended use,subject
to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intendeduse.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
14.5 Final-Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. within 10 days,City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the Work is not ready for Final
Inspection,City will notify the Contractor in writing of the reasons and Contract Time will resume.
14.6 Final Acceptance
Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
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14.7 Final Payment
A. Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied(except as previously delivered)by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
b. consent of the surety,if any,to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the
Work.
B. Payment Becomes Due:
1. After City's acceptance of the Application for Payment and accompanying documentation,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages,will become due and payable.
2. After all Damage Claims have been resolved:
a. directly by the Contractoror;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.8 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's final Application for Payment, and without terminating the Contract, make
payment of the balance due for that portion of the Work fully completed and accepted. If the
remaining balance to be held by City for Work not fully completed or corrected is less than the
retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
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portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.9 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15—SUSPENSION OF WORK AND TERMINATION
I5.1 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall
resume the Work on the date so fixed.During temporary suspension of the Work covered by these
Contract Documents, for any reason, the City will make no extra payment for stand-by time of
construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
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15.2 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example,but not of limitation,
may justify termination forcause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials
or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as
adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's
Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph
6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City;or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature,the correction of which has been directed in writing by the City;or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A.occur,City will provide written notice
to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar days
after date of an additional written notice demanding Surety's performance of its
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obligations,then City, without process or action at law,may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished.If the unpaid balance of the Contract Price exceeds
all claims, costs, losses and damages sustained by City arising out of or resulting from
completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and
damages exceed such unpaid balance,Contractor shall pay the difference to City. Such claims,
costs, losses and damages incurred by City will be incorporated in a Change Order, provided
that when exercising any rights or remedies under this Paragraph, City shall not be required to
obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work,or any portion thereof,may be accomplished or for the price paid
therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.02.8, Contractor's services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to perform
and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice.
D. Where Contractor's services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
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15.3 City May Terminate ForConvenience
A. City may,without cause and without prejudice to any other right or remedy of City,terminate the
Contract.Any termination shall be effected by mailing a notice of the termination to the Contractor
specifying the extent to which performance of Work under the contract is terminated, and the date
upon which such termination becomes effective. Receipt of the notice shall be deemed
conclusively presumed and established when the letter is placed in the United States Postal Service
Mail by the City. Further, it shall be deemed conclusively presumed and established that such
termination is made with just cause as therein stated; and no proof in any claim, demand or suit
shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the notice of termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice oftermination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and
other material produced as a part of, or acquired in connection with the performance of,
the Work terminated by the notice of the termination;and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
the City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination;and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list,certified as to quantity and quality, of any or all items
of termination inventory not previously disposed of, exclusive of items the disposition of which
has been directed or authorized by City.
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D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items are
stored, within 45 days from the date of submission of the list, and any necessary adjustments to
correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination,the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an extension
is made in writing within such 60 day period by the Contractor, and granted by the City, any and
all such claims shall be conclusively deemed waived.
F. In such case,Contractor shall be paid for(without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on
such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
and
3. reasonable expenses directly attributable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work,the City shall determine, on the basis
of information available to it,the amount, if any,due to the Contractor by reason of the termination
and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account
of loss of anticipated profits or revenue or other economic loss arising out of or resulting from
such termination.
ARTICLE 16—DISPUTE RESOLUTION
16.1 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for mediation
shall be submitted to the other party to the Contract. Timely submission of the request shall stay
the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless,within that time period,City or Contractor:
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1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions;or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process;or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17—MISCELLANEOUS
17.1 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice,it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended;or
2. delivered at or sent by registered or certified mail,postage prepaid,to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.2 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day
of the period.
17.3 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them which are otherwise imposed or available
by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract
Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the
Contract Documents in connection with each particular duty, obligation, right, and remedy to which
they apply.
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17.4 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.5 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
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1 SECTION 00 73 00
2 SUPPLEMENTARY CONDITIONS
3 TO
4 GENERAL CONDITIONS
5
6
7 Supplementary Conditions
8
9 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other
10 provisions of the Contract Documents as indicated below.All provisions of the General Conditions that are
11 modified or supplemented remain in full force and effect as so modified or supplemented.All provisions
12 of the General Conditions which are not so modified or supplemented remain in full force and effect.
13
14 Defined Terms
15
16 The terms used in these Supplementary Conditions which are defined in the General Conditions have the
17 meaning assigned to them in the General Conditions,unless specifically noted herein.
18
19 Modifications and Supplements
20
21 The following are instructions that modify or supplement specific paragraphs in the General Conditions and
22 other Contract Documents.
23
24 SC-3.03B.2,"Resolving Discrepancies"
25
26 Plans govern over Specifications.
27
28 SC-4.01A
29
30 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding.
31 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the
32 Contract Drawings.
33
34 SC-4.01A.1.,"Availability of Lands"
35
36 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any asof
37 October 23,2017:
38
39 Outstanding Right-Of-Way,and/or Easements to Be Acquired
PARCEL OWNER TARGET DATE
NUMBER OF POSSESSION
None
40 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
41 and do not bind the City.
42
43 If Contractor considers the final easements provided to differ materially from the representations on the
44 Contract Drawings, Contractor shall within five (5)Business Days and before proceeding with the Work,
45 notify City in writing associated with the differing easement line locations.
46
47 SC-4.01A.2,"Availability of Lands"
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
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1
2 Utilities or obstructions to be removed,adjusted,and/or relocated
3
4 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated
5 as of October 23, 2017:
6
EXPECTED UTILITY AND LOCATION TARGET DATE OF
OWNER ADJUSTMENT
None
..................--.....................................................................--...........-............................................-...........---....................................................................................................................._........................................................................................-.........................................................................
7 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed,
8 and do not bind the City.
9
10 SC-4.02A.,"Subsurface and Physical Conditions"
11
12 The following are reports of explorations and tests of subsurface conditions at the site of the Work:
13
14 Two Engineer's Reports of Inspection,both dated August 29,2017,prepared by Dunham Engineering, Inc, a
15 consultant of the City,providing additional information on the Repair and Repainting of Seminary Hill and
16 Willow Springs Elevated Tanks, City Project No. 100886
17 The following are drawings of physical conditions in or relating to existing surface and subsurface
18 structures(except Underground Facilities)which are at or contiguous to the site of the Work:
19 See Site Plans in Drawings Section
20
21 SC-4.06A.,"Hazardous Environmental Conditions at Site"
22
23 The following are reports and drawings of existing hazardous environmental conditions known to the City:
24 None.
25
26 SC-5.03A.,"Certificates of Insurance"
27
28 The entities listed below are"additional insureds as their interest may appear" including theirrespective
29 officers,directors,agents and employees.
30
31 (1) City
32 (2) Consultant: Dunham Engineering, Inc.
33 (3)Other:None
34
35 [Obtain approval for the limits shown for SC 5.04A thru 5.04D.from City before finalizing Contract
36 Documents]
37
38 SC-5.04A.,"Contractor's Insurance"
39
40 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following
41 coverages for not less than the following amounts or greater where required by laws and regulations:
42
43 5.04A. Workers'Compensation,under Paragraph GC 5.04A.44
45 Statutory limits
46 Employer's liability
47 $100,000 each accident/occurrence
48 $100,000 Disease-each employee
49 $500,000 Disease-policy limit
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised January 22,2016 and Willow Springs Elevated Tanks
Project Number 100886
007300-3
SUPPLEMENTARY CONDITIONS
Page 3 of 6
1
2 SC-5.04B.,"Contractor's Insurance"
3
4 5.04B.Commercial General Liability,under Paragraph GC-5.0413.Contractor's Liability Insurance
5 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with
6 minimum limits of:
7
8 $1,000,000 eachoccurrence
9 $2,000,000 aggregate limit
10
11 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the
12 General Aggregate Limits apply separately to each job site.
13
14 The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's.
15 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.
16
17 SC 5.04C.,"Contractor's Insurance"
18 5.04C.Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under
19 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts:
20
21 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto",
22 defined as autos owned,hired and non-owned.
23
24 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at
25 least:
26
27 $250,000 Bodily Injury per person/
28 $500,000 Bodily Injury per accident/
29 $100,000 Property Damage
30
31 SC-5.04D.,"Contractor's Insurance"
32
33 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and
34 material deliveries to cross railroad properties and tracks owned and operated by:None.
35
36 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with,
37 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains
38 or other property.Such operations on railroad properties may require that Contractor to execute a"Right of
39 Entry Agreement"with the particular railroad company or companies involved,and to this end the
40 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute
41 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate
42 to the Contractor's use of private and/or construction access roads crossing said railroad company's
43 properties.
44
45 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide
46 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the
47 Railroad Company for a term that continues for so long as the Contractor's operations and work cross,
48 occupy,or touch railroad property:
49
50 (1) General Aggregate: $Confirm Limits with Railroad
51
52 (2) Each Occurrence: $Confirm Limits with Railroad
53
54 Required for this Contract X Not required for this Contract
55
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised January 22,2016 and Willow Springs Elevated Tanks
Project Number 100886
007300-4
SUPPLEMENTARY CONDITIONS
Page 4 of 6
1
2 With respect to the above outlined insurance requirements,the following shall govern:
3
4 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in
5 the name of the railroad company. However, if more than one grade separation or at-grade
6 crossing is affected by the Project at entirely separate locations on the line or lines of the same
7 railroad company,separate coverage may be required,each in the amount stated above.
8
9 2. Where more than one railroad company is operating on the same right-of-way or where several
10 railroad companies are involved and operated on their own separate rights-of-way,the Contractor
11 maybe required to provide separate insurance policies in the name of each railroad company.
12
13 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a
14 railroad company's right-of-way at a location entirely separate from the grade separation or at-
15 grade crossing, insurance coverage for this work must be included in the policy covering the grade
16 separation.
17
18 4. If no grade separation is involved but other work is proposed on a railroad company's right-of-
19 way,all such other work may be covered in a single policy for that railroad,even though the work
20 may be at two or more separate locations.
21
22 No work or activities on a railroad company's property to be performed by the Contractor shall be
23 commenced until the Contractor has furnished the City with an original policy or policies of the insurance
24 for each railroad company named,as required above. All such insurance must be approved by the City and
25 each affected Railroad Company prior to the Contractor's beginning work.
26
27 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way
28 has been completed and the grade crossing,if any,is no longer used by the Contractor.In addition,
29 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way.
30 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the
31 railroad company operating over tracks involved in the Project.
32
33 SC-6.04.,"Project Schedule"
34
35 Project schedule shall be tier 3 for the project.
36
37 SC-6.07.,"Wage Rates"
38
39 The following is the prevailing wage rate table(s)applicable to this project and is provided inthe
40 Appendixes:CFW Vertical Wage Rate Table.
41
42 SC-6.09.,"Permits and Utilities"
43
44 SC-6.09A.,"Contractor obtained permits and licenses"
45 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:
46 All required construction permits are to be obtained and paid for by Contractor.
47
48 SC-6.09B."City obtained permits and licenses"
49 The following are known permits and/or licenses required by the Contract to be acquired by the City:None
50
51 SC-6.09C."Outstanding permits and licenses"
52
53 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of October
54 23, 2017:
55
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised January 22,2016 Project Number 100886
007300-5
SUPPLEMENTARY CONDITIONS
Page 5 of 6
1 Outstanding Permits and/or Licenses to Be Acquired
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
None
2
3 <Insert the following if Federal assistance is provided for in this Contract>
4 SC-6.24B.,"Title VI,Civil Rights Act of 1964 as amended"
5
6 During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest
7 (hereinafter referred to as the "Contractor")agrees as follows:
8
9 1. Compliance with Regulations:The Contractor shall comply with the Regulation relativeto
10 nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter,
I 1 "DOT")Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time,
12 (hereinafter referred to as the Regulations),which are herein incorporated by reference and made apart
13 of this contract.
14
15 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the contract,shall
16 not discriminate on the grounds of race,color,or national origin,in the selection and retention of
17 subcontractors,including procurements of materials and leases of equipment.The Contractor shall not
18 participate either directly or indirectly in the discrimination prohibited by 49 CFR,section 21.5 of the
19 Regulations,including employment practices when the contract covers a program set forth in
20 Appendix B of the Regulations.
21
22 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment: Inall
23 solicitations either by competitive bidding or negotiation made by the contractor for work to be
24 performed under a subcontract,including procurements of materials or leases of equipment,each
25 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations
26 under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or
27 national origin.
28
29 4. Information and Reports:The Contractor shall provide all information and reports required by the
30 Regulations or directives issued pursuant thereto,and shall permit access to its books,records,
31 accounts,other sources of information and its facilities as may be determined by City or the Texas
32 Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders
33 and instructions. Where any information required of a contractor is in the exclusive possession of
34 another who fails or refuses to furnish this information the contractor shall so certify to the City,or the
35 Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to
36 obtain the information.
37
38 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance withthe
39 nondiscrimination provisions of this Contract,City shall impose such contract sanctions as it or the
40 Texas Department of Transportation may determine to be appropriate,including,but not limited to:
41
42 a. withholding of payments to the Contractor under the Contract until the Contractor
43 complies,and/or
44 b. cancellation,termination or suspension of the Contract,in whole or in part.
45
46 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1) through
47 (6)in every subcontract,including procurements of materials and leases of equipment,unlessexempt
48 by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with
49 respect to any subcontract or procurement as City or the Texas Department of Transportation may
50 direct as a means of enforcing such provisions including sanctions for non-compliance:Provided,
CITY OF FORT WORTH Repair and Repainting of Seminary Kill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised January 22,2016 Project Number 100886
007300-6
SUPPLEMENTARY CONDITIONS
Page 6 of 6
1 however,that,in the event a contractor becomes involved in,or is threatened with,litigation with a
2 subcontractor or supplier as a result of such direction,the contractor may request City to enter into
3 such litigation to protect the interests of City,and,in addition,the contractor may request the United
4 States to enter into such litigation to protect the interests of the United States.
5
6 Additional Title VI requirements can be found in the Appendix.
7
8 SC-7.02.,"Coordination"
9
10 The individuals or entities listed below have contracts with the City for the performance of other work at
11 the Site:
12
Vendor Scope of Work Coordination Authority
None None City
13
14
15 SC-8.01,"Communications to Contractor"
16
17 See Section 13 02 00
18
19 SC-9.01.,"City's Project Manager"
20
21 The City's Project Manager for this Contract is Dena Johnson,or his/her successor pursuant to written
22 notification from the Director of the Water Department.
23
24 SC-13.03C.,"Tests and Inspections"
25
26 Contractor is responsible for his own quality control(QC). Engineer will provide quality assurance(QA)
27 inspection on a hold-point basis.
28
29 SC-16.01C.1,"Methods and Procedures"
30
31 None.
32
33
34
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
1/22/2016 F. Griffin SC-9.01., "City's Project Representative"wording changed to City's Project
Manager.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised January 22,2016 Project Number 100886
011100-1
SUMMARY OF WORK
Page 1 of 3
1 SECTION 01 11 00
2 SUMMARY OF WORK
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Summary of Work to be performed in accordance with the Contract Documents
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include,but are not necessarily limited to:
10 1. Division 0-Bidding Requirements,Contract Forms,and Conditions of the Contract
11 2. Division 1 -General Requirements
12 3. Division 13—Special Construction
13 1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
15 1. Work associated with this Item is considered subsidiary to the various items bid.
16 No separate payment will be allowed for this Item.
17 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS
19 A. Work Covered by Contract Documents
20 1. Work is to include furnishing all labor,materials,and equipment,and performing
21 all Work necessary for this construction project as detailed in the Drawings and
22 Specifications.
23 2. Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks
24 a. See Section 13 02 00—Water Storage Tank Rehabilitation
25 B. Subsidiary Work
26 1. Any and all Work specifically governed by documentary requirements for the
27 project, such as conditions imposed by the Drawings or Contract Documents in
28 which no specific item for bid has been provided for in the Proposal and the item is
29 not a typical unit bid item included on the standard bid item list,then the item shall
30 be considered as a subsidiary item of Work,the cost of which shall be included in
31 the price bid in the Proposal for various bid items.
32 C. Use of Premises
33 1. Coordinate uses of premises under direction of the City.
34 2. Assume full responsibility for protection and safekeeping of materials and
35 equipment stored on the Site.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
01 11 00-2
SUMMARY OF WORK
Page 2 of 3
1 3. Use and occupy only portions of the public streets and alleys, or other public places
2 or other rights-of-way as provided for in the ordinances of the City, as shown in the
3 Contract Documents, or as may be specifically authorized in writing by the City.
4 a. A reasonable amount of tools,materials, and equipment for construction
5 purposes may be stored in such space,but no more than is necessary to avoid
6 delay in the construction operations.
7 b. Excavated and waste materials shall be stored in such a way as not to interfere
8 with the use of spaces that may be designated to be left free and unobstructed
9 and so as not to inconvenience occupants of adjacent property.
10 c. If the street is occupied by railroad tracks, the Work shall be carried on in such
11 manner as not to interfere with the operation of the railroad.
12 1) All Work shall be in accordance with railroad requirements set forth in
13 Division 0 as well as the railroad permit.
14 D. Work within Easements
15 1. Do not enter upon private property for any purpose without having previously
16 obtained permission from the owner of such property.
17 2. Do not store equipment or material on private property unless and until the
18 specified approval of the property owner has been secured in writing by the
19 Contractor and a copy furnished to the City.
20 3. Unless specifically provided otherwise,clear all rights-of-way or easements of
21 obstructions which must be removed to make possible proper prosecution of the
22 Work as a part of the project construction operations.
23 4. Preserve and use every precaution to prevent damage to, all trees,shrubbery,plants,
24 lawns, fences,culverts,curbing, and all other types of structures or improvements,
25 to all water, sewer, and gas lines,to all conduits, overhead pole lines, or
26 appurtenances thereof, including the construction of temporary fences and to all
27 other public or private property adjacent to the Work.
28 5. Notify the proper representatives of the owners or occupants of the public or private
29 lands of interest in lands which might be affected by the Work.
30 a. Such notice shall be made at least 48 hours in advance of the beginning of the
31 Work.
32 b. Notices shall be applicable to both public and private utility companies and any
33 corporation, company, individual, or other,either as owners or occupants,
34 whose land or interest in land might be affected by the Work.
35 c. Be responsible for all damage or injury to property of any character resulting
36 from any act, omission,neglect,or misconduct in the manner or method or
37 execution of the Work,or at any time due to defective work,material,or
38 equipment.
39 6. Fence
40 a. Restore all fences encountered and removed during construction of the Project
41 to the original or a better than original condition.
42 b. Erect temporary fencing in place of the fencing removed whenever the Work is
43 not in progress and when the site is vacated overnight,and/or at all times to
44 provide site security.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
01 11 00-3
SUMMARY OF WORK
Page 3 of 3
1 c. The cost for all fence work within easements, including removal,temporary
2 closures and replacement, shall be subsidiary to the various items bid in the
3 project proposal, unless a bid item is specifically provided in the proposal.
4 1.5 SUBMITTALS [NOT USED]
5 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
6 1.7 CLOSEOUT SUBMITTALS [NOT USED]
7 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
8 1.9 QUALITY ASSURANCE [NOT USED]
9 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED]
10 1.11 FIELD [SITE] CONDITIONS [NOT USED]
11 1.12 WARRANTY [NOT USED]
12 PART 2 - PRODUCTS [NOT USED]
13 PART 3- EXECUTION [NOT USED]
14 END OF SECTION
15
Revision Log
DATE NAME SUMMARY OF CHANGE
16
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
THIS PAGE INTENTIONALLY LEFT BLANK
01 25 00-1
SUBSTITUTION PROCEDURES
Page 1 of 4
1 SECTION 0125 00
2 SUBSTITUTION PROCEDURES
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. The procedure for requesting the approval of substitution of a product that is not
7 equivalent to a product which is specified by descriptive or performance criteria or
8 defined by reference to 1 or more of the following:
9 a. Name of manufacturer
10 b. Name of vendor
11 c. Trade name
12 d. Catalog number
13 2. Substitutions are not"or-equals".
14 B. Deviations from this City of Fort Worth Standard Specification
15 1. None.
16 C. Related Specification Sections include,but are not necessarily limited to:
17 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
18 2. Division 1 —General Requirements
19 3. Division 13—Special Construction
20 1.2 PRICE AND PAYMENT PROCEDURES
21 A. Measurement and Payment
22 1. Work associated with this Item is considered subsidiary to the various items bid.
23 No separate payment will be allowed for this Item.
24 1.3 REFERENCES [NOT USED]
25 1.4 ADMINISTRATIVE REQUIREMENTS
26 A. Request for Substitution-General
27 1. Within 30 days after award of Contract(unless noted otherwise),the City will
28 consider formal requests from Contractor for substitution of products in place of
29 those specified.
30 2. Certain types of equipment and kinds of material are described in Specifications by
31 means of references to names of manufacturers and vendors,trade names,or
32 catalog numbers.
33 a. When this method of specifying is used,it is not intended to exclude from
34 consideration other products bearing other manufacturer's or vendor's names,
35 trade names,or catalog numbers,provided said products are"or-equals," as
36 determined by City.
37 3. Other types of equipment and kinds of material may be acceptable substitutions
38 under the following conditions:
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
01 2500-2
SUBSTITUTION PROCEDURES
Page 2 of 4
1 a. Or-equals are unavailable due to strike, discontinued production of products
2 meeting specified requirements,or other factors beyond control of Contractor;
3 or,
4 b. Contractor proposes a cost and/or time reduction incentive to the City.
5 1.5 SUBMITTALS
6 A. See Request for Substitution Form(attached)
7 B. Procedure for Requesting Substitution
8 1. Substitution shall be considered only:
9 a. After award of Contract
10 b. Under the conditions stated herein
11 2. Submit 3 copies of each written request for substitution,including:
12 a. Documentation
13 1) Complete data substantiating compliance of proposed substitution with
14 Contract Documents
15 2) Data relating to changes in construction schedule,when a reduction is
16 proposed
17 3) Data relating to changes in cost
18 b. For products
19 1) Product identification
20 a) Manufacturer's name
21 b) Telephone number and representative contact name
22 c) Specification Section or Drawing reference of originally specified
23 product, including discrete name or tag number assigned to original
24 product in the Contract Documents
25 2) Manufacturer's literature clearly marked to show compliance of proposed
26 product with Contract Documents
27 3) Itemized comparison of original and proposed product addressing product
28 characteristics including,but not necessarily limited to:
29 a) Size
30 b) Composition or materials of construction
31 c) Weight
32 d) Electrical or mechanical requirements
33 4) Product experience
34 a) Location of past projects utilizing product
35 b) Name and telephone number of persons associated with referenced
36 projects knowledgeable concerning proposed product
37 c) Available field data and reports associated with proposed product
38 5) Samples
39 a) Provide at request of City.
40 b) Samples become the property of the City.
41 c. For construction methods:
42 1) Detailed description of proposed method
43 2) Illustration drawings
44 C. Approval or Rejection
45 1. Written approval or rejection of substitution given by the City
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
012500-3
SUBSTITUTION PROCEDURES
Page 3 of 4
1 2. City reserves the right to require proposed product to comply with color and pattern
2 of specified product if necessary to secure design intent.
3 3. In the event the substitution is approved,the resulting cost and/or time reduction
4 will be documented by Change Order in accordance with the General Conditions.
5 4. No additional contract time will be given for substitution.
6 5. Substitution will be rejected if:
7 a. Submittal is not through the Contractor with his stamp of approval
8 b. Request is not made in accordance with this Specification Section
9 c. In the City's opinion, acceptance will require substantial revision of the original
10 design
11 d. In the City's opinion, substitution will not perform adequately the function
12 consistent with the design intent
13 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
14 1.7 CLOSEOUT SUBMITTALS [NOT USED]
15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
16 1.9 QUALITY ASSURANCE
17 A. In making request for substitution or in using an approved product, the Contractor
18 represents that the Contractor:
19 1. Has investigated proposed product, and has determined that it is adequate or
20 superior in all respects to that specified, and that it will perform function for which
21 it is intended
22 2. Will provide same guarantee for substitute item as for product specified
23 3. Will coordinate installation of accepted substitution into Work,to include building
24 modifications if necessary,making such changes as may be required for Work to be
25 complete in all respects
26 4. Waives all claims for additional costs related to substitution which subsequently
27 arise
28 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED]
29 1.11 FIELD [SITE] CONDITIONS [NOT USED]
30 1.12 WARRANTY [NOT USED]
31 PART 2- PRODUCTS [NOT USED]
32 PART 3- EXECUTION [NOT USED]
33 END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
34
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
01 2500-4
SUBSTITUTION PROCEDURES
Page 4 of 4
1 EXHIBIT A
2 REQUEST FOR SUBSTITUTION FORM:
3
4 TO:
5 PROJECT: DATE:
6 We hereby submit for your consideration the following product instead of the specified item for
7 the above project:
8 SECTION PARAGRAPH SPECIFIED ITEM
9
10
11 Proposed Substitution:
12 Reason for Substitution:
13 Include complete information on changes to Drawings and/or Specifications which proposed
14 substitution will require for its proper installation.
15
16 Fill in Blanks Below:
17 A. Will the undersigned contractor pay for changes to the building design, including engineering
18 and detailing costs caused by the requested substitution?
19
20
21 B. What effect does substitution have on other trades?
22
23
24 C. Differences between proposed substitution and specified item?
25
26
27 D. Differences in product cost or product delivery time?
28
29
30 E. Manufacturer's guarantees of the proposed and specified items are:
31
32 Equal Better(explain on attachment)
33 The undersigned states that the function, appearance and quality are equivalent or superior to the
34 specified item.
35 Submitted By: For Use by City
36
37 Signature _Recommended _Recommended
38 as noted
39
40 Firm _Not recommended Received late
41 Address By
42 Date
43 Date Remarks
44 Telephone
45
46 For Use by City:
47
48 Approved Rejected
49 City Date
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
013119-1
PRECONSTRUCTION MEETING
Page 1 of 3
1 SECTION 013119
2 PRECONSTRUCTION MEETING
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to
7 clarify construction contract administration procedures
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
10 C. Related Specification Sections include,but are not necessarily limited to:
11 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
12 2. Division I —General Requirements
13 3. Division 13—Special Construction
14 1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
16 1. Work associated with this Item is considered subsidiary to the various items bid.
17 No separate payment will be allowed for this Item.
18 1.3 REFERENCES [NOT USED]
19 1.4 ADMINISTRATIVE REQUIREMENTS
20 A. Coordination
21 1. Attend preconstruction meeting.
22 2. Representatives of Contractor,subcontractors and suppliers attending meetings
23 shall be qualified and authorized to act on behalf of the entity each represents.
24 3. Meeting administered by City may be tape recorded.
25 a. If recorded,tapes will be used to prepare minutes and retained by City for
26 future reference.
27 B. Preconstruction Meeting
28 1. A preconstruction meeting will be held within 14 days after the execution of the
29 Agreement and before Work is started.
30 a. The meeting will be scheduled and administered by the City.
31 2. The Project Representative will preside at the meeting,prepare the notes of the
32 meeting and distribute copies of same to all participants who so request by fully
33 completing the attendance form to be circulated at the beginning of the meeting.
34 3. Attendance shall include:
35 a. Project Representative
36 b. Contractor's project manager
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised August 17,2012 Project Number 100886
01 31 19-2
PRECONSTRUCTION MEETING
Page 2 of 3
1 c. Contractor's superintendent
2 d. Any subcontractor or supplier representatives whom the Contractor may desire
3 to invite or the City may request
4 e. Other City representatives
5 f. Others as appropriate
6 4. Construction Schedule
7 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and
8 provide at Preconstruction Meeting.
9 b. City will notify Contractor of any schedule changes upon Notice of
10 Preconstruction Meeting.
11 5. Preliminary Agenda may include:
12 a. Introduction of Project Personnel
13 b. General Description of Project
14 c. Status of right-of-way,utility clearances,easements or other pertinent permits
15 d. Contractor's work plan and schedule
16 e. Contract Time
17 f. Notice to Proceed
18 g. Construction Staking
19 h. Progress Payments
20 i. Extra Work and Change Order Procedures
21 j. Field Orders
22 k. Disposal Site Letter for Waste Material
23 1. Insurance Renewals
24 in. Payroll Certification
25 n. Material Certifications and Quality Control Testing
26 o. Public Safety and Convenience
27 p. Documentation of Pre-Construction Conditions
28 q. Weekend Work Notification
29 r. Legal Holidays
30 s. Trench Safety Plans
31 t. Confined Space Entry Standards
32 u. Coordination with the City's representative for operations of existing water
33 systems
34 v. Storm Water Pollution Prevention Plan
35 w. Coordination with other Contractors
36 x. Early Warning System
37 y. Contractor Evaluation
38 z. Special Conditions applicable to the project
39 aa. Damages Claims
40 bb. Submittal Procedures
41 cc. Substitution Procedures
42 dd. Correspondence Routing
43 ee. Record Drawings
44 ff. Temporary construction facilities
45 gg. M/WBE or MBE/SBE procedures
46 hh. Final Acceptance
47 ii. Final Payment
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised August 17,2012 Project Number 100886
01 31 19-3
PRECONSTRUCTION MEETING
Page 3 of 3
1 jj. Questions or Comments
2 1.5 SUBMITTALS [NOT USED]
3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
4 1.7 CLOSEOUT SUBMITTALS [NOT USED]
5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
6 1.9 QUALITY ASSURANCE [NOT USED]
7 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED]
8 1.11 FIELD [SITE] CONDITIONS [NOT USED]
9 1.12 WARRANTY [NOT USED]
10 PART 2- PRODUCTS [NOT USED]
11 PART 3- EXECUTION [NOT USED]
12 END OF SECTION
13
Revision Log
DATE NAME SUMMARY OF CHANGE
14
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised August 17,2012 Project Number 100886
013120-1
PROJECT MEETINGS
Page 1 of 3
1 SECTION 013120
2 PROJECT MEETINGS
3 PART1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provisions for project meetings throughout the construction period to enable orderly
7 review of the progress of the Work and to provide for systematic discussion of
8 potential problems
9 B. Deviations this City of Fort Worth Standard Specification
10 1. None.
11 C. Related Specification Sections include,but are not necessarily limited to:
12 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
13 2. Division 1 —General Requirements
14 3. Division 13—Special Construction
15 1.2 PRICE AND PAYMENT PROCEDURES
16 A. Measurement and Payment
17 1. Work associated with this Item is considered subsidiary to the various items bid.
18 No separate payment will be allowed for this Item.
19 1.3 REFERENCES [NOT USED]
20 1.4 ADMINISTRATIVE REQUIREMENTS
21 A. Coordination
22 1. Schedule,attend and administer as specified,periodic progress meetings, and
23 specially called meetings throughout progress of the Work.
24 2. Representatives of Contractor,subcontractors and suppliers attending meetings
25 shall be qualified and authorized to act on behalf of the entity each represents.
26 3. Meetings administered by City may be tape recorded.
27 a. If recorded,tapes will be used to prepare minutes and retained by City for
28 future reference.
29 4. Meetings,in addition to those specified in this Section,may be held when requested
30 by the City,Engineer or Contractor.
31 B. Pre-Construction Neighborhood Meeting
32 1. After the execution of the Agreement,but before construction is allowed to begin,
33 attend 1 Public Meeting with affected residents to:
34 a. Present projected schedule,including construction start date
35 b. Answer any construction related questions
36 2. Meeting Location
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
01 31 20-2
PROJECT MEETINGS
Page 2 of 3
1 a. Location of meeting to be determined by the City.
2 3. Attendees
3 a. Contractor
4 b. Project Representative
5 c. Other City representatives
6 4. Meeting Schedule
7 a. In general,the neighborhood meeting will occur within the 2 weeks following
8 the pre-construction conference.
9 b. In no case will construction be allowed to begin until this meeting is held.
10 C. Progress Meetings
11 1. Formal project coordination meetings will be held periodically. Meetings will be
12 scheduled and administered by Project Representative.
13 2. Additional progress meetings to discuss specific topics will be conducted on an as-
14 needed basis. Such additional meetings shall include, but not be limited to:
15 a. Coordinating shutdowns
16 b. Installation of piping and equipment
17 c. Coordination between other construction projects
18 d. Resolution of construction issues
19 e. Equipment approval
20 3. The Project Representative will preside at progress meetings, prepare the notes of
21 the meeting and distribute copies of the same to all participants who so request by
22 fully completing the attendance form to be circulated at the beginning of each
23 meeting.
24 4. Attendance shall include:
25 a. Contractor's project manager
26 b. Contractor's superintendent
27 c. Any subcontractor or supplier representatives whom the Contractor may desire
28 to invite or the City may request
29 d. Engineer's representatives
30 e. City's representatives
31 f. Others,as requested by the Project Representative
32 5. Preliminary Agenda may include:
33 a. Review of Work progress since previous meeting
34 b. Field observations,problems,conflicts
35 c. Items which impede construction schedule
36 d. Review of off-site fabrication, delivery schedules
37 e. Review of construction interfacing and sequencing requirements with other
38 construction contracts
39 f. Corrective measures and procedures to regain projected schedule
40 g. Revisions to construction schedule
41 h. Progress,schedule,during succeeding Work period
42 i. Coordination of schedules
43 j. Review submittal schedules
44 k. Maintenance of quality standards
45 1. Pending changes and substitutions
46 m. Review proposed changes for:
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
013120-3
PROJECT MEETINGS
Page 3 of 3
1 1) Effect on construction schedule and on completion date
2 2) Effect on other contracts of the Project
3 n. Review Record Documents
4 o. Review monthly pay request
5 p. Review status of Requests for Information
6 6. Meeting Schedule
7 a. Progress meetings will be held periodically as determined by the Project
8 Representative.
9 1) Additional meetings may be held at the request of the:
10 a) City
11 b) Engineer
12 c) Contractor
13 7. Meeting Location
14 a. The City will establish a meeting location.
15 1) To the extent practicable,meetings will be held at the Site.
16 1.5 SUBMITTALS [NOT USED]
17 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
18 1.7 CLOSEOUT SUBMITTALS [NOT USED]
19 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
20 1.9 QUALITY ASSURANCE [NOT USED]
21 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED]
22 1.11 FIELD [SITE] CONDITIONS [NOT USED]
23 1.12 WARRANTY [NOT USED]
24 PART 2- PRODUCTS [NOT USED]
25 PART 3- EXECUTION [NOT USED]
26 END OF SECTION
27
Revision Log
DATE NAME SUMMARY OF CHANGE
28
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
THIS PAGE INTENTIONALLY LEFT BLANK
013216-1
CONSTRUCTION PROGRESS SCHEDULE
Page 1 of 5
1 SECTION 0132 16
2 CONSTRUCTION PROGRESS SCHEDULE
3 PART1- GENERAL
4 1,1 SUMMARY
5 A. Section Includes:
6 1. General requirements for the preparation, submittal,updating, status reporting and
7 management of the Construction Progress Schedule
8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance
9 Document
10 B. Deviations from this City of Fort Worth Standard Specification
11 1. None.
12 C. Related Specification Sections include,but are not necessarily limited to:
13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract
14 2. Division 1 —General Requirements
15 3. Division 13—Special Construction
16 1.2 PRICE AND PAYMENT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this Item is considered subsidiary to the various items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFERENCES
21 A. Definitions
22 1. Schedule Tiers
23 a. Tier 1 -No schedule submittal required by contract. Small,brief duration
24 projects
25 b. Tier 2-No schedule submittal required by contract, but will require some
26 milestone dates. Small, brief duration projects
27 c. Tier 3-Schedule submittal required by contract as described in the
28 Specification and herein. Majority of City projects, including all bond program
29 projects
30 d. Tier 4- Schedule submittal required by contract as described in the
31 Specification and herein. Large and/or complex projects with long durations
32 1) Examples: large water pump station project and associated pipeline with
33 interconnection to another governmental entity
34 e. Tier 5-Schedule submittal required by contract as described in the
35 Specification and herein. Large and/or very complex projects with long
36 durations,high public visibility
37 1) Examples might include a water or wastewater treatment plant
38 2. Baseline Schedule -Initial schedule submitted before work begins that will serve
39 as the baseline for measuring progress and departures from the schedule.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
01 32 16-2
CONSTRUCTION PROGRESS SCHEDULE
Page 2 of 5
1 3. Progress Schedule-Monthly submittal of a progress schedule documenting
2 progress on the project and any changes anticipated.
3 4. Schedule Narrative-Concise narrative of the schedule including schedule
4 changes, expected delays,key schedule issues, critical path items,etc
5 B. Reference Standards
6 1. City of Fort Worth Schedule Guidance Document
7 1.4 ADMINISTRATIVE REQUIREMENTS
8 A. Baseline Schedule
9 1. General
10 a. Prepare a cost-loaded baseline Schedule using approved software and the
11 Critical Path Method(CPM)as required in the City of Fort Worth Schedule
12 Guidance Document.
13 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate
14 understanding of the work to be performed and known issues and constraints
15 related to the schedule.
16 c. Designate an authorized representative(Project Scheduler)responsible for
17 developing and updating the schedule and preparing reports.
18 B. Progress Schedule
19 1. Update the progress Schedule monthly as required in the City of Fort Worth
20 Schedule Guidance Document.
21 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule.
22 3. Change Orders
23 a. Incorporate approved change orders,resulting in a change of contract time, in
24 the baseline Schedule in accordance with City of Fort Worth Schedule
25 Guidance Document.
26 C. Responsibility for Schedule Compliance
27 1. Whenever it becomes apparent from the current progress Schedule and CPM Status
28 Report that delays to the critical path have resulted and the Contract completion
29 date will not be met,or when so directed by the City,make some or all of the
30 following actions at no additional cost to the City
31 a. Submit a Recovery Plan to the City for approval revised baseline Schedule
32 outlining:
33 1) A written statement of the steps intended to take to remove or arrest the
34 delay to the critical path in the approved schedule
35 2) Increase construction manpower in such quantities and crafts as will
36 substantially eliminate the backlog of work and return current Schedule to
37 meet projected baseline completion dates
38 3) Increase the number of working hours per shift, shifts per day,working
39 days per week,the amount of construction equipment, or any combination
40 of the foregoing, sufficiently to substantially eliminate the backlog of work
41 4) Reschedule activities to achieve maximum practical concurrency of
42 accomplishment of activities, and comply with the revised schedule
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July I,2011 Project Number 100886
013216-3
CONSTRUCTION PROGRESS SCHEDULE
Page 3 of 5
1 2. If no written statement of the steps intended to take is submitted when so requested
2 by the City,the City may direct the Contractor to increase the level of effort in
3 manpower(trades),equipment and work schedule(overtime,weekend and holiday
4 work,etc.)to be employed by the Contractor in order to remove or arrest the delay
5 to the critical path in the approved schedule.
6 a. No additional cost for such work will be considered.
7 D. The Contract completion time will be adjusted only for causes specified in this
8 Contract.
9 a. Requests for an extension of any Contract completion date must be
10 supplemented with the following:
11 1) Furnish justification and supporting evidence as the City may deem
12 necessary to determine whether the requested extension of time is entitled
13 under the provisions of this Contract.
14 a) The City will,after receipt of such justification and supporting
15 evidence, make findings of fact and will advise the Contractor,in
16 writing thereof.
17 2) If the City finds that the requested extension of time is entitled,the City's
18 determination as to the total number of days allowed for the extensions
19 shall be based upon the approved total baseline schedule and on all data
20 relevant to the extension.
21 a) Such data shall be included in the next updating of the Progress
22 schedule.
23 b) Actual delays in activities which,according to the Baseline schedule,
24 do not affect any Contract completion date shown by the critical path in
25 the network will not be the basis for a change therein.
26 2. Submit each request for change in Contract completion date to the City within 30
27 days after the beginning of the delay for which a time extension is requested but
28 before the date of final payment under this Contract.
29 a. No time extension will be granted for requests which are not submitted within
30 the foregoing time limit.
31 b. From time to time,it may be necessary for the Contract schedule or completion
32 time to be adjusted by the City to reflect the effects of job conditions,weather,
33 technical difficulties,strikes,unavoidable delays on the part of the City or its
34 representatives,and other unforeseeable conditions which may indicate
35 schedule adjustments or completion time extensions.
36 1) Under such conditions,the City will direct the Contractor to reschedule the
37 work or Contract completion time to reflect the changed conditions and the
38 Contractor shall revise his schedule accordingly.
39 a) No additional compensation will be made to the Contractor for such
40 schedule changes except for unavoidable overall contract time
41 extensions beyond the actual completion of unaffected work, in which
42 case the Contractor shall take all possible action to minimize any time
43 extension and any additional cost to the City.
44 b) Available float time in the Baseline schedule may be used by the City
45 as well as by the Contractor.
46 3. Float or slack time is defined as the amount of time between the earliest start date
47 and the latest start date or between the earliest finish date and the latest finish date
48 of a chain of activities on the Baseline Schedule.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
01 32 16-4
CONSTRUCTION PROGRESS SCHEDULE
Page 4 of 5
1 a. Float or slack time is not for the exclusive use or benefit of either the
2 Contractor or the City.
3 b. Proceed with work according to early start dates, and the City shall have the
4 right to reserve and apportion float time according to the needs of the project.
5 c. Acknowledge and agree that actual delays, affecting paths of activities
6 containing float time, will not have any effect upon contract completion times,
7 providing that the actual delay does not exceed the float time associated with
8 those activities.
9 E. Coordinating Schedule with Other Contract Schedules
10 1. Where work is to be performed under this Contract concurrently with or contingent
11 upon work performed on the same facilities or area under other contracts,the
12 Baseline Schedule shall be coordinated with the schedules of the other contracts.
13 a. Obtain the schedules of the other appropriate contracts from the City for the
14 preparation and updating of Baseline schedule and make the required changes
15 in his schedule when indicated by changes in corresponding schedules.
16 2. In case of interference between the operations of different contractors,the City will
17 determine the work priority of each contractor and the sequence of work necessary
18 to expedite the completion of the entire Project.
19 a. In such cases,the decision of the City shall be accepted as final.
20 b. The temporary delay of any work due to such circumstances shall not be
21 considered as justification for claims for additional compensation.
22 1.5 SUBMITTALS
23 A. Baseline Schedule
24 1. Submit Schedule in native file format and pdf format as required in the City of Fort
25 Worth Schedule Guidance Document.
26 a. Native file format includes:
27 1) Primavera(P6 or Primavera Contractor)
28 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and
29 bring in hard copy to the meeting for review and discussion.
30 B. Progress Schedule
31 1. Submit progress Schedule in native file format and pdf format as required in the
32 City of Fort Worth Schedule Guidance Document.
33 2. Submit progress Schedule monthly no later than the last day of the month.
34 C. Schedule Narrative
35 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth
36 Schedule Guidance Document.
37 2. Submit schedule narrative monthly no later than the last day of the month.
38 D. Submittal Process
39 1. The City administers and manages schedules through Buzzsaw.
40 2. Contractor shall submit documents as required in the City of Fort Worth Schedule
41 Guidance Document.
42 3. Once the project has been completed and Final Acceptance has been issued by the
43 City,no further progress schedules are required.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July I,2011 Project Number 100886
013216-5
CONSTRUCTION PROGRESS SCHEDULE
Page 5 of 5
1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
2 1.7 CLOSEOUT SUBMITTALS [NOT USED]
3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
4 1.9 QUALITY ASSURANCE
5 A. The person preparing and revising the construction Progress Schedule shall be
6 experienced in the preparation of schedules of similar complexity.
7 B. Schedule and supporting documents addressed in this Specification shall be prepared,
8 updated and revised to accurately reflect the performance of the construction.
9 C. Contractor is responsible for the quality of all submittals in this section meeting the
10 standard of care for the construction industry for similar projects.
11 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED]
12 1.11 FIELD [SITE] CONDITIONS [NOT USED]
13 1.12 WARRANTY [NOT USED]
14 PART 2- PRODUCTS [NOT USED]
15 PART 3- EXECUTION [NOT USED]
16 END OF SECTION
17
Revision Log
DATE NAME SUMMARY OF CHANGE
18
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
013300-1
SUBMITTALS
Page 1 of 8
1 SECTION 0133 00
2 SUBMITTALS
3 PART1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. General methods and requirements of submissions applicable to the following
7 Work-related submittals:
8 a. Shop Drawings
9 b. Product Data(including Standard Product List submittals)
10 c. Samples
11 d. Mock Ups
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include,but are not necessarily limited to:
15 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
16 2. Division 1 —General Requirements
17 3. Division 13—Special Construction
18 1.2 PRICE AND PAYMENT PROCEDURES
19 A. Measurement and Payment
20 1. Work associated with this Item is considered subsidiary to the various items bid.
21 No separate payment will be allowed for this Item.
22 1.3 REFERENCES [NOT USED]
23 1.4 ADMINISTRATIVE REQUIREMENTS
24 A. Coordination
25 1. Notify the City in writing,at the time of submittal,of any deviations in the
26 submittals from the requirements of the Contract Documents.
27 2. Coordination of Submittal Times
28 a. Prepare,prioritize and transmit each submittal sufficiently in advance of
29 performing the related Work or other applicable activities, or within the time
30 specified in the individual Work Sections,of the Specifications.
31 b. Contractor is responsible such that the installation will not be delayed by
32 processing times including,but not limited to:
33 a) Disapproval and resubmittal(if required)
34 b) Coordination with other submittals
35 c) Testing
36 d) Purchasing
37 e) Fabrication
38 f) Delivery
39 g) Similar sequenced activities
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
013300-2
SUBMITTALS
Page 2 of 8
1 c. No extension of time will be authorized because of the Contractor's failure to
2 transmit submittals sufficiently in advance of the Work.
3 d. Make submittals promptly in accordance with approved schedule, and in such
4 sequence as to cause no delay in the Work or in the work of any other
5 contractor.
6 B. Submittal Numbering
7 1. When submitting shop drawings or samples, utilize a 9-character submittal cross-
8 reference identification numbering system in the following manner:
9 a. Use the first 6 digits of the applicable Specification Section Number.
10 b. For the next 2 digits number use numbers 01-99 to sequentially number each
11 initial separate item or drawing submitted under each specific Section number.
12 c. Last use a letter,A-Z, indicating the resubmission of the same drawing(i.e.
13 A=2nd submission,B=3rd submission,C=4th submission, etc.). A typical
14 submittal number would be as follows:
15
16 03 30 00-08-B
17
18 1) 03 30 00 is the Specification Section for Concrete
19 2) 08 is the eighth initial submittal under this Specification Section
20 3) B is the third submission(second resubmission)of that particular shop
21 drawing
22 C. Contractor Certification
23 1. Review shop drawings,product data and samples, including those by
24 subcontractors,prior to submission to determine and verify the following:
25 a. Field measurements
26 b. Field construction criteria
27 c. Catalog numbers and similar data
28 d. Conformance with the Contract Documents
29 2. Provide each shop drawing,sample and product data submitted by the Contractor
30 with a Certification Statement affixed including:
31 a. The Contractor's Company name
32 b. Signature of submittal reviewer
33 c. Certification Statement
34 1) `By this submittal, I hereby represent that I have determined and verified
35 field measurements, field construction criteria,materials,dimensions,
36 catalog numbers and similar data and I have checked and coordinated each
37 item with other applicable approved shop drawings."
38 D. Submittal Format
39 1. Fold shop drawings larger than 8 '/z inches x 11 inches to 8 '/2 inches x 11 inches.
40 2. Bind shop drawings and product data sheets together.
41 3. Order
42 a. Cover Sheet
43 1) Description of Packet
44 2) Contractor Certification
45 b. List of items/Table of Contents
46 c. Product Data/Shop Drawings/Samples/Calculations
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
013300-3
SUBMITTALS
Page 3 of 8
1 E. Submittal Content
2 1. The date of submission and the dates of any previous submissions
3 2. The Project title and number
4 3. Contractor identification
5 4. The names of-
6 a. Contractor
7 b. Supplier
8 c. Manufacturer
9 5. Identification of the product,with the Specification Section number, page and
10 paragraph(s)
11 6. Field dimensions, clearly identified as such
12 7. Relation to adjacent or critical features of the Work or materials
13 8. Applicable standards, such as ASTM or Federal Specification numbers
14 9. Identification by highlighting of deviations from Contract Documents
15 10. Identification by highlighting of revisions on resubmittals
16 11. An 8-inch x 3-inch blank space for Contractor and City stamps
17 F. Shop Drawings
18 1. As specified in individual Work Sections includes,but is not necessarily limited to:
19 a. Custom-prepared data such as fabrication and erection/installation(working)
20 drawings
21 b. Scheduled information
22 c. Setting diagrams
23 d. Actual shopwork manufacturing instructions
24 e. Custom templates
25 f. Special wiring diagrams
26 g. Coordination drawings
27 h. Individual system or equipment inspection and test reports including:
28 1) Performance curves and certifications
29 i. As applicable to the Work
30 2. Details
31 a. Relation of the various parts to the main members and lines of the structure
32 b. Where correct fabrication of the Work depends upon field measurements
33 1) Provide such measurements and note on the drawings prior to submitting
34 for approval.
35 G. Product Data
36 1. For submittals of product data for products included on the City's Standard Product
37 List,clearly identify each item selected for use on the Project.
38 2. For submittals of product data for products not included on the City's Standard
39 Product List, submittal data may include,but is not necessarily limited to:
40 a. Standard prepared data for manufactured products(sometimes referred to as
41 catalog data)
42 1) Such as the manufacturer's product specification and installation
43 instructions
44 2) Availability of colors and patterns
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,20I2 Project Number 100886
013300-4
SUBMITTALS
Page 4 of 8
1 3) Manufacturer's printed statements of compliances and applicability
2 4) Roughing-in diagrams and templates
3 5) Catalog cuts
4 6) Product photographs
5 7) Standard wiring diagrams
6 8) Printed performance curves and operational-range diagrams
7 9) Production or quality control inspection and test reports and certifications
8 10) Mill reports
9 1 l) Product operating and maintenance instructions and recommended
10 spare-parts listing and printed product warranties
11 12) As applicable to the Work
12 H. Samples
13 1. As specified in individual Sections, include,but are not necessarily limited to:
14 a. Physical examples of the Work such as:
15 1) Sections of manufactured or fabricated Work
16 2) Small cuts or containers of materials
17 3) Complete units of repetitively used products color/texture/pattern swatches
18 and range sets
19 4) Specimens for coordination of visual effect
20 5) Graphic symbols and units of Work to be used by the City for independent
21 inspection and testing, as applicable to the Work
22 1. Do not start Work requiring a shop drawing, sample or product data nor any material to
23 be fabricated or installed prior to the approval or qualified approval of such item.
24 1. Fabrication performed,materials purchased or on-site construction accomplished
25 which does not conform to approved shop drawings and data is at the Contractor's
26 risk.
27 2. The City will not be liable for any expense or delay due to corrections or remedies
28 required to accomplish conformity.
29 3. Complete project Work,materials, fabrication,and installations in conformance
30 with approved shop drawings, applicable samples, and product data.
31 J. Submittal Distribution
32 1. Electronic Distribution
33 a. Confirm development of Project directory for electronic submittals to be
34 uploaded to City's Buzzsaw site, or another external FTP site approved by the
35 City.
36 b. Shop Drawings
37 1) Upload submittal to designated project directory and notify appropriate
38 City representatives via email of submittal posting.
39 2) Hard Copies
40 a) 3 copies for all submittals
41 b) If Contractor requires more than I hard copy of Shop Drawings
42 returned,Contractor shall submit more than the number of copies listed
43 above.
44 c. Product Data
45 1) Upload submittal to designated project directory and notify appropriate
46 City representatives via email of submittal posting.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
013300-5
SUBMITTALS
Page 5 of 8
1 2) Hard Copies
2 a) 3 copies for all submittals
3 d. Samples
4 1) Distributed to the Project Representative
5 2. Hard Copy Distribution(if required in lieu of electronic distribution)
6 a. Shop Drawings
7 1) Distributed to the City
8 2) Copies
9 a) 8 copies for mechanical submittals
10 b) 7 copies for all other submittals
11 c) If Contractor requires more than 3 copies of Shop Drawings returned,
12 Contractor shall submit more than the number of copies listed above.
13 b. Product Data
14 1) Distributed to the City
15 2) Copies
16 a) 4 copies
17 c. Samples
18 1) Distributed to the Project Representative
19 2) Copies
20 a) Submit the number stated in the respective Specification Sections.
21 3. Distribute reproductions of approved shop drawings and copies of approved
22 product data and samples,where required,to the job site file and elsewhere as
23 directed by the City.
24 a. Provide number of copies as directed by the City but not exceeding the number
25 previously specified.
26 K. Submittal Review
27 1. The review of shop drawings,data and samples will be for general conformance
28 with the design concept and Contract Documents. This is not to be construed as:
29 a. Permitting any departure from the Contract requirements
30 b. Relieving the Contractor of responsibility for any errors, including details,
31 dimensions,and materials
32 c. Approving departures from details furnished by the City,except as otherwise
33 provided herein
34 2. The review and approval of shop drawings,samples or product data by the City
35 does not relieve the Contractor from his/her responsibility with regard to the
36 fulfillment of the terms of the Contract.
37 a. All risks of error and omission are assumed by the Contractor,and the City will
38 have no responsibility therefore.
39 3. The Contractor remains responsible for details and accuracy,for coordinating the
40 Work with all other associated work and trades, for selecting fabrication processes,
41 for techniques of assembly and for performing Work in a safe manner.
42 4. If the shop drawings,data or samples as submitted describe variations and show a
43 departure from the Contract requirements which City finds to be in the interest of
44 the City and to be so minor as not to involve a change in Contract Price or time for
45 performance,the City may return the reviewed drawings without noting an
46 exception.
47 5. Submittals will be returned to the Contractor under 1 of the following codes:
CITY OF FORT WORTH Repair and Repainting of Seminary Hilt
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
01 3300-6
SUBMITTALS
Page 6 of 8
1 a. Code 1
2 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or
3 comments on the submittal.
4 a) When returned under this code the Contractor may release the
5 equipment and/or material for manufacture.
6 b. Code 2
7 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of
8 the notations and comments IS NOT required by the Contractor.
9 a) The Contractor may release the equipment or material for manufacture;
10 however, all notations and comments must be incorporated into the
11 final product.
12 c. Code 3
13 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is
14 assigned when notations and comments are extensive enough to require a
15 resubmittal of the package.
16 a) The Contractor may release the equipment or material for manufacture;
17 however, all notations and comments must be incorporated into the
18 final product.
19 b) This resubmittal is to address all comments, omissions and
20 non-conforming items that were noted.
21 c) Resubmittal is to be received by the City within 15 Calendar Days of
22 the date of the City's transmittal requiring the resubmittal.
23 d. Code 4
24 1) "NOT APPROVED" is assigned when the submittal does not meet the
25 intent of the Contract Documents.
26 a) The Contractor must resubmit the entire package revised to bring the
27 submittal into conformance.
28 b) It may be necessary to resubmit using a different manufacturer/vendor
29 to meet the Contract Documents.
30 6. Resubmittals
31 a. Handled in the same manner as first submittals
32 1) Corrections other than requested by the City
33 2) Marked with revision triangle or other similar method
34 a) At Contractor's risk if not marked
35 b. Submittals for each item will be reviewed no more than twice at the City's
36 expense.
37 1) All subsequent reviews will be performed at times convenient to the City
38 and at the Contractor's expense, based on the City's or City
39 Representative's then prevailing rates.
40 2) Provide Contractor reimbursement to the City within 30 Calendar Days for
41 all such fees invoiced by the City.
42 c. The need for more than 1 resubmission or any other delay in obtaining City's
43 review of submittals,will not entitle the Contractor to an extension of Contract
44 Time.
45 7. Partial Submittals
46 a. City reserves the right to not review submittals deemed partial, at the City's
47 discretion.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
013300-7
SUBMITTALS
Page 7 of 8
1 b. Submittals deemed by the City to be not complete will be returned to the
2 Contractor,and will be considered"Not Approved"until resubmitted.
3 c. The City may at its option provide a list or mark the submittal directing the
4 Contractor to the areas that are incomplete.
5 8. If the Contractor considers any correction indicated on the shop drawings to
6 constitute a change to the Contract Documents,then written notice must be
7 provided thereof to the City at least 7 Calendar Days prior to release for
8 manufacture.
9 9. When the shop drawings have been completed to the satisfaction of the City,the
10 Contractor may carry out the construction in accordance therewith and no further
11 changes therein except upon written instructions from the City.
12 10. Each submittal,appropriately coded, will be returned within 30 Calendar Days
13 following receipt of submittal by the City.
14 L. Mock ups
15 1. Mock Up units as specified in individual Sections, include,but are not necessarily
16 limited to,complete units of the standard of acceptance for that type of Work to be
17 used on the Project. Remove at the completion of the Work or when directed.
18 M. Qualifications
19 1. If specifically required in other Sections of these Specifications,submit a P.E.
20 Certification for each item required.
21 N. Request for Information(RFI)
22 1. Contractor Request for additional information
23 a. Clarification or interpretation of the contract documents
24 b. When the Contractor believes there is a conflict between Contract Documents
25 c. When the Contractor believes there is a conflict between the Drawings and
26 Specifications
27 1) Identify the conflict and request clarification
28 2. Use the Request for Information(RFI)form provided by the City.
29 3. Numbering of RFI
30 a. Prefix with"RFI"followed by series number,"-xxx",beginning with"01"and
31 increasing sequentially with each additional transmittal.
32 4. Sufficient information shall be attached to permit a written response without further
33 information.
34 5. The City will log each request and will review the request.
35 a. If review of the project information request indicates that a change to the
36 Contract Documents is required,the City will issue a Field Order or Change
37 Order,as appropriate.
38 1.5 SUBMITTALS [NOT USED]
39 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
40 1.7 CLOSEOUT SUBMITTALS [NOT USED]
41 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
42 1.9 QUALITY ASSURANCE [NOT USED]
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
014523-1
TESTING AND INSPECTION SERVICES
Page 1 of 2
1 SECTION 0145 23
2 TESTING AND INSPECTION SERVICES
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Testing and inspection services procedures and coordination
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include,but are not necessarily limited to:
10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
11 2. Division 1 —General Requirements
12 3. Division 13—Special Construction
13 1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
15 1. Work associated with this Item is considered subsidiary to the various Items bid.
16 No separate payment will be allowed for this Item.
17 a. Contractor is responsible for performing, coordinating, and payment of all
18 Quality Control testing.
19 b. City is responsible for performing and payment for first set of Quality
20 Assurance testing.
21 1) If the first Quality Assurance test performed by the City fails,the
22 Contractor is responsible for payment of subsequent Quality Assurance
23 testing until a passing test occurs.
24 a) Final acceptance will not be issued by City until all required payments
25 for testing by Contractor have been paid in full.
26 1.3 REFERENCES [NOT USED]
27 1.4 ADMINISTRATIVE REQUIREMENTS
28 A. Testing
29 1. Complete testing in accordance with the Contract Documents.
30 2. Coordination
31 a. When testing is required to be performed by the City,notify City,sufficiently
32 in advance,when testing is needed.
33 b. When testing is required to be completed by the Contractor, notify City,
34 sufficiently in advance,that testing will be performed.
35 3. Distribution of Testing Reports
36 a. Electronic Distribution
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
015000-1
TEMPORARY FACILITIES AND CONTROLS
Page 1 of 4
1 SECTION 0150 00
2 TEMPORARY FACILITIES AND CONTROLS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provide temporary facilities and controls needed for the Work including,but not
7 necessarily limited to:
8 a. Temporary utilities
9 b. Sanitary facilities
10 c. Storage Sheds and Buildings
11 d. Dust control
12 e. Temporary fencing of the construction site
13 B. Deviations from this City of Fort Worth Standard Specification
14 1. None.
15 C. Related Specification Sections include,but are not necessarily limited to:
16 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
17 2. Division 1—General Requirements
18 3. Division 13—Special Construction
19 1.2 PRICE AND PAYMENT PROCEDURES
20 A. Measurement and Payment
21 1. Work associated with this Item is considered subsidiary to the various Items bid.
22 No separate payment will be allowed for this Item.
23 1.3 REFERENCES [NOT USED]
24 1.4 ADMINISTRATIVE REQUIREMENTS
25 A. Temporary Utilities
26 1. Obtaining Temporary Service
27 a. Make arrangements with utility service companies for temporary services.
28 b. Abide by rules and regulations of utility service companies or authorities
29 having jurisdiction.
30 c. Be responsible for utility service costs until Work is approved for Final
31 Acceptance.
32 1) Included are fuel,power,light,heat and other utility services necessary for
33 execution,completion,testing and initial operation of Work.
34 2. Water
35 a. Contractor to coordinate with City regarding water needs.City to provide
36 Contractor with water for construction at no cost to the Contractor.
37 3. Electricity and Lighting
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
015000-3
TEMPORARY FACILITIES AND CONTROLS
Page 3 of 4
1 b. Must respond in a timely manner
2 F. Temporary Protection of Construction
3 1. Contractor or subcontractors are responsible for protecting Work from damage due
4 to weather.
5 1.5 SUBMITTALS [NOT USED]
6 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
7 1.7 CLOSEOUT SUBMITTALS [NOT USED]
8 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
9 1.9 QUALITY ASSURANCE [NOT USED]
10 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED]
11 1.11 FIELD [SITE] CONDITIONS [NOT USED]
12 1.12 WARRANTY [NOT USED]
13 PART 2- PRODUCTS [NOT USED]
14 PART 3- EXECUTION [NOT USED]
15 3.1 INSTALLERS [NOT USED]
16 3.2 EXAMINATION [NOT USED]
17 3.3 PREPARATION [NOT USED]
18 3.4 INSTALLATION
19 A. Temporary Facilities
20 1. Maintain all temporary facilities for duration of construction activities as needed.
21 3.5 [REPAIR] / [RESTORATION]
22 3.6 RE-INSTALLATION
23 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
24 3.8 SYSTEM STARTUP [NOT USED]
25 3.9 ADJUSTING [NOT USED]
26 3.10 CLEANING [NOT USED]
27 3.11 CLOSEOUT ACTIVITIES
28 A. Temporary Facilities
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
015813-1
TEMPORARY PROJECT SIGNAGE
Page 1 of 2
1 SECTION 0158 13
2 TEMPORARY PROJECT SIGNAGE
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Temporary Project Signage Requirements
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include,but are not necessarily limited to:
10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 —General Requirements
12 3. Division 13—Special Construction
13 1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
15 1. Work associated with this Item is considered subsidiary to the various Items bid.
16 No separate payment will be allowed for this Item.
17 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
19 1.5 SUBMITTALS [NOT USED]
20 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
21 1.7 CLOSEOUT SUBMITTALS [NOT USED]
22 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
23 1.9 QUALITY ASSURANCE [NOT USED]
24 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED]
25 1.11 FIELD [SITE] CONDITIONS [NOT USED]
26 1.12 WARRANTY [NOT USED]
27 PART 2 - PRODUCTS
28 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED]
29 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS
30 A. Design Criteria
31 1. Provide free standing Project Designation Sign in accordance with City's Standard
32 Details for project signs.
33 B. Materials
34 1. Sign
35 a. Constructed of 3/4-inch fir plywood, grade A-C(exterior)or better
36 2.3 ACCESSORIES [NOT USED]
37 2.4 SOURCE QUALITY CONTROL [NOT USED]
38 PART 3- EXECUTION
39 3.1 INSTALLERS [NOT USED]
40 3.2 EXAMINATION [NOT USED]
41 3.3 PREPARATION [NOT USED]
42 3.4 INSTALLATION
43 A. General
44 1. Provide vertical installation at extents of project.
45 2. Relocate sign as needed,upon request of the City.
46 B. Mounting options
47 a. Skids
48 b. Posts
49 c. Barricade
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
016000-1
PRODUCT REQUIREMENTS
Page 1 of 2
1 SECTION 0160 00
2 PRODUCT REQUIREMENTS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. References for Product Requirements and City Standard Products List
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include,but are not necessarily limited to:
10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
11 2. Division 1—General Requirements
12 3. Division 13—Special Construction
13 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED]
14 1.3 REFERENCES [NOT USED]
15 1.4 ADMINISTRATIVE REQUIREMENTS
16 A. A list of City approved products for use is located on Buzzsaw as follows:
17 1. Resources\02-Construction Documents\Standard Products List
18 B. Only products specifically included on City's Standard Product List in these Contract
19 Documents shall be allowed for use on the Project.
20 1. Any subsequently approved products will only be allowed for use upon specific
21 approval by the City.
22 C. Any specific product requirements in the Contract Documents supersede similar
23 products included on the City's Standard Product List.
24 1. The City reserves the right to not allow products to be used for certain projects even
25 though the product is listed on the City's Standard Product List.
26 D. Although a specific product is included on City's Standard Product List,not all
27 products from that manufacturer are approved for use,including but not limited to,that
28 manufacturer's standard product.
29 E. See Section 0133 00 for submittal requirements of Product Data included on City's
30 Standard Product List.
31 1.5 SUBMITTALS [NOT USED]
32 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
33 1.7 CLOSEOUT SUBMITTALS [NOT USED]
34 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
CITY OF FORT WORTH Repair and Repainting of Seminary Hilt
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
016600-1
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 3
1 SECTION 0166 00
2 PRODUCT STORAGE AND HANDLING REQUIREMENTS
3 PARTI - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Scheduling of product delivery
7 2. Packaging of products for delivery
8 3. Protection of products against damage from:
9 a. Handling
10 b. Exposure to elements or harsh environments
1 l B. Deviations from this City of Fort Worth Standard Specification
12 1. None.
13 C. Related Specification Sections include,but are not necessarily limited to:
14 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
15 2. Division 1 —General Requirements
16 3. Division 13—Special Construction
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
23 1.5 SUBMITTALS [NOT USED]
24 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
25 1.7 CLOSEOUT SUBMITTALS [NOT USED]
26 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
27 1.9 QUALITY ASSURANCE [NOT USED]
28 1.10 DELIVERY AND HANDLING
29 A. Delivery Requirements
30 1. Schedule delivery of products or equipment as required to allow timely installation
31 and to avoid prolonged storage.
32 2. Provide appropriate personnel and equipment to receive deliveries.
33 3. Delivery trucks will not be permitted to wait extended periods of time on the Site
34 for personnel or equipment to receive the delivery.
35 4. Deliver products or equipment in manufacturer's original unbroken cartons or other
36 containers designed and constructed to protect the contents from physical or
37 environmental damage.
38 5. Clearly and fully mark and identify as to manufacturer, item and installation
39 location.
40 6. Provide manufacturer's instructions for storage and handling.
41 B. Handling Requirements
42 1. Handle products or equipment in accordance with these Contract Documents and
43 manufacturer's recommendations and instructions.
44 C. Storage Requirements
45 1. Store materials in accordance with manufacturer's recommendations and
46 requirements of these Specifications.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
016600-3
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 3
1 3.8 SYSTEM STARTUP [NOT USED]
2 3.9 ADJUSTING [NOT USED]
3 3.10 CLEANING [NOT USED]
4 3.11 CLOSEOUT ACTIVITIES [NOT USED]
5 3.12 PROTECTION
6 A. Protect all products or equipment in accordance with manufacturer's written directions.
7 B. Store products or equipment in location to avoid physical damage to items while in
8 storage.
9 C. Protect equipment from exposure to elements and keep thoroughly dry if required by
10 the manufacturer.
11 3.13 MAINTENANCE [NOT USED]
12 3.14 ATTACHMENTS [NOT USED]
13 END OF SECTION
14
Revision Log
DATE NAME SUMMARY OF CHANGE
15
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
01 70 00-1
MOBILIZATION AND REMOBILIZATION
Page I of 4
I SECTION 0170 00
2 MOBILIZATION AND REMOBILIZATION
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Mobilization and Demobilization
7 a. Mobilization
8 1) Transportation of Contractor's personnel, equipment, and operating supplies
9 to the Site
10 2) Establishment of necessary general facilities for the Contractor's operation
11 at the Site
12 3) Premiums paid for performance and payment bonds
13 4) Transportation of Contractor's personnel, equipment, and operating supplies
14 to another location within the designated Site
15 5) Relocation of necessary general facilities for the Contractor's operation
16 from 1 location to another location on the Site.
17 b. Demobilization
18 1) Transportation of Contractor's personnel, equipment, and operating supplies
19 away from the Site including disassembly
20 2) Site Clean-up
21 3) Removal of all buildings and/or other facilities assembled at the Site for this
22 Contract
23 c. Mobilization and Demobilization do not include activities for specific items of
24 work that are for which payment is provided elsewhere in the contract.
25 2. Remobilization
26 a. Remobilization for Suspension of Work specifically required in the Contract
27 Documents or as required by City includes:
28 1) Demobilization
29 a) Transportation of Contractor's personnel,equipment,and operating
30 supplies from the Site including disassembly or temporarily securing
31 equipment, supplies, and other facilities as designated by the Contract
32 Documents necessary to suspend the Work.
33 b) Site Clean-up as designated in the Contract Documents
34 2) Remobilization
35 a) Transportation of Contractor's personnel,equipment, and operating
36 supplies to the Site necessary to resume the Work.
37 b) Establishment of necessary general facilities for the Contractor's
38 operation at the Site necessary to resume the Work.
39 3) No Payments will be made for:
40 a) Mobilization and Demobilization from one location to another on the
41 Site in the normal progress of performing the Work.
42 b) Stand-by or idle time
43 c) Lost profits
44 3. Mobilizations and Demobilization for Miscellaneous Projects
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
017000-3
MOBILIZATION AND REMOBILIZATION
Page 3 of 4
1 2) Remobilization as described in Section 1.1.A.2.a.2)
2 d. No payments will be made for standby, idle time, or lost profits associated this
3 Item.
4 3. Remobilization for suspension of Work as required by City
5 a. Measurement and Payment
6 1) This shall be submitted as a Contract Claim in accordance with Article 10
7 of Section 00 72 00.
8 2) No payments will be made for standby, idle time, or lost profits associated
9 with this Item.
10 4. Mobilizations and Demobilizations for Miscellaneous Projects
11 a. Measurement
12 1) Measurement for this Item shall be for each Mobilization and
13 Demobilization required by the Contract Documents
14 b. Payment
15 1) The Work performed and materials furnished in accordance with this Item
16 and measured as provided under"Measurement'will be paid for at the unit
17 price per each"Work Order Mobilization" in accordance with Contract
18 Documents. Demobilization shall be considered subsidiary to mobilization
19 and shall not be paid for separately.
20 c. The price shall include:
21 1) Mobilization as described in Section 1.1.A.3.a.1)
22 2) Demobilization as described in Section 1.I.A.3.a.2)
23 d. No payments will be made for standby, idle time, or lost profits associated this
24 Item.
25 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects
26 a. Measurement
27 1) Measurement for this Item shall be for each Mobilization and
28 Demobilization required by the Contract Documents
29 b. Payment
30 1) The Work performed and materials furnished in accordance with this Item
31 and measured as provided under"Measurement'will be paid for at the unit
32 price per each"Work Order Emergency Mobilization"in accordance with
33 Contract Documents. Demobilization shall be considered subsidiary to
34 mobilization and shall not be paid for separately.
35 c. The price shall include
36 1) Mobilization as described in Section 1.1.A.4.a)
37 2) Demobilization as described in Section 1.1.A.3.a.2)
38 d. No payments will be made for standby, idle time,or lost profits associated this
39 Item.
40 1.3 REFERENCES [NOT USED]
41 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
42 1.5 SUBMITTALS [NOT USED]
43 1.6 INFORMATIONAL SUBMITTALS [NOT USED]
44 1.7 CLOSEOUT SUBMITTALS [NOT USED]
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised December 20,2012 Project Number 100886
017423-1
CLEANING
Page 1 of 4
1 SECTION 0174 23
2 CLEANING
3 PART1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Intermediate and final cleaning for Work not including special cleaning of closed
7 systems specified elsewhere
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
10 C. Related Specification Sections include,but are not necessarily limited to:
11 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
12 2. Division 1 —General Requirements
13 3. Division 13—Special Construction
14 1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
16 1. Work associated with this Item is considered subsidiary to the various Items bid.
17 No separate payment will be allowed for this Item.
18 1.3 REFERENCES [NOT USED]
19 1.4 ADMINISTRATIVE REQUIREMENTS
20 A. Scheduling
21 1. Schedule cleaning operations so that dust and other contaminants disturbed by
22 cleaning process will not fall on newly painted surfaces.
23 2. Schedule final cleaning upon completion of Work and immediately prior to final
24 inspection.
25 1.5 SUBMITTALS [NOT USED]
26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
27 1.7 CLOSEOUT SUBMITTALS [NOT USED]
28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29 1.9 QUALITY ASSURANCE [NOT USED]
30 1.10 STORAGE,AND HANDLING
31 A. Storage and Handling Requirements
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
01 7423-3
CLEANING
Page 3 of 4
1 3. Do not dispose of volatile wastes such as mineral spirits,oil or paint thinner in
2 storm or sanitary drains or sewers.
3 4. Dispose of degradable debris at an approved solid waste disposal site.
4 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an
5 alternate manner approved by City and regulatory agencies.
6 6. Handle materials in a controlled manner with as few handlings as possible.
7 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with
8 this project.
9 8. Remove all signs of temporary construction and activities incidental to construction
10 of required permanent Work.
11 9. If project is not cleaned to the satisfaction of the City,the City reserves the right to
12 have the cleaning completed at the expense of the Contractor.
13 10. Do not burn on-site.
14 B. Intermediate Cleaning during Construction
15 1. Keep Work areas clean so as not to hinder health,safety or convenience of
16 personnel in existing facility operations.
17 2. At maximum weekly intervals, dispose of waste materials,debris and rubbish.
18 3. Confine construction debris daily in strategically located container(s):
19 a. Cover to prevent blowing by wind
20 b. Store debris away from construction or operational activities
21 c. Haul from site at a minimum of once per week
22 4. Vacuum clean interior areas when ready to receive finish painting.
23 a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance.
24 5. Prior to storm events,thoroughly clean site of all loose or unsecured items, which
25 may become airborne or transported by flowing water during the storm.
26 C. Interior Final Cleaning
27 1. Remove grease,mastic, adhesives,dust, dirt,stains, fingerprints, labels and other
28 foreign materials from sight-exposed surfaces.
29 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean.
30 3. Wash and shine glazing and mirrors.
31 4. Polish glossy surfaces to a clear shine.
32 5. Ventilating systems
33 a. Clean permanent filters and replace disposable filters if units were operated
34 during construction.
35 b. Clean ducts,blowers and coils if units were operated without filters during
36 construction.
37 6. Replace all burned out lamps.
38 7. Broom clean process area floors.
39 8. Mop office and control room floors.
40 D. Exterior(Site or Right of Way) Final Cleaning
41 1. Remove trash and debris containers from site.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
0177 19-1
CLOSEOUT REQUIREMENTS
Page 1 of 3
1 SECTION 0177 19
2 CLOSEOUT REQUIREMENTS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. The procedure for closing out a contract
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include,but are not necessarily limited to:
10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 —General Requirements
12 3. Division 13 —Special Construction
13 1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
15 1. Work associated with this Item is considered subsidiary to the various Items bid.
16 No separate payment will be allowed for this Item.
17 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS
19 A. Guarantees, Bonds and Affidavits
20 1. No application for final payment will be accepted until all guarantees,bonds,
21 certificates,licenses and affidavits required for Work or equipment as specified are
22 satisfactorily filed with the City.
23 B. Release of Liens or Claims
24 1. No application for final payment will be accepted until satisfactory evidence of
25 release of liens has been submitted to the City.
26 1.5 SUBMITTALS
27 A. Submit all required documentation to City's Project Representative.
28
29
30
31
32
33
34
35
36
37
38
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
017719-3
CLOSEOUT REQUIREMENTS
Page 3 of 3
1 D. Notice of Project Completion
2 1. Once the City Project Representative finds the Work subsequent to Final Inspection
3 to be satisfactory,the City will issue a Notice of Project Completion(Green Sheet).
4 E. Supporting Documentation
5 1. Coordinate with the City Project Representative to complete the following
6 additional forms:
7 a. Final Payment Request
8 b. Statement of Contract Time
9 c. Affidavit of Payment and Release of Liens
10 d. Consent of Surety to Final Payment
11 e. Pipe Report(if required)
12 f. Contractor's Evaluation of City
13 g. Performance Evaluation of Contractor
14 F. Letter of Final Acceptance
15 1. Upon review and acceptance of Notice of Project Completion and Supporting
16 Documentation,in accordance with General Conditions, City will issue Letter of
17 Final Acceptance and release the Final Payment Request for payment.
18 3.5 REPAIR/RESTORATION [NOT USED]
19 3.6 RE-INSTALLATION [NOT USED]
20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
21 3.8 SYSTEM STARTUP [NOT USED]
22 3.9 ADJUSTING [NOT USED]
23 3.10 CLEANING [NOT USED]
24 3.11 CLOSEOUT ACTIVITIES [NOT USED]
25 3A2 PROTECTION [NOT USED]
26 3.13 MAINTENANCE [NOT USED]
27 3.14 ATTACHMENTS [NOT USED]
28 END OF SECTION
29
Revision Log
DATE NAME SUMMARY OF CHANGE
30
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
017839-1
PROJECT RECORD DOCUMENTS
Page 1 of 4
1 SECTION 0178 39
2 PROJECT RECORD DOCUMENTS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Work associated with the documenting the project and recording changes to project
7 documents,including:
8 a. Record Drawings
9 b. Water Meter Service Reports
10 c. Sanitary Sewer Service Reports
11 d. Large Water Meter Reports
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include,but are not necessarily limited to:
15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1 —General Requirements
17 3. Division 13—Special Construction
18 1.2 PRICE AND PAYMENT PROCEDURES
19 A. Measurement and Payment
20 1. Work associated with this Item is considered subsidiary to the various Items bid.
21 No separate payment will be allowed for this Item.
22 1.3 REFERENCES [NOT USED]
23 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
24 1.5 SUBMITTALS
25 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to
26 City's Project Representative.
27 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
28 1.7 CLOSEOUT SUBMITTALS [NOT USED]
29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
30 1.9 QUALITY ASSURANCE
31 A. Accuracy of Records
32 1. Thoroughly coordinate changes within the Record Documents,making adequate
33 and proper entries on each page of Specifications and each sheet of Drawings and
34 other Documents where such entry is required to show the change properly.
35 2. Accuracy of records shall be such that future search for items shown in the Contract
36 Documents may rely reasonably on information obtained from the approved Project
37 Record Documents.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
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PROJECT RECORD DOCUMENTS
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1 a. Considering the Contract completion time,the probable number of occasions
2 upon which the job set must be taken out for new entries and for examination,
3 and the conditions under which these activities will be performed,devise a
4 suitable method for protecting the job set.
5 b. Do not use the job set for any purpose except entry of new data and for review
6 by the City,until start of transfer of data to final Project Record Documents.
7 c. Maintain the job set at the site of work.
8 3. Coordination with Construction Survey
9 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23,
10 clearly mark any deviations from Contract Documents associated with
11 installation of the infrastructure.
12 4. Making entries on Drawings
13 a. Record any deviations from Contract Documents.
14 b. Use an erasable colored pencil(not ink or indelible pencil),clearly describe the
15 change by graphic line and note as required.
16 c. Date all entries.
17 d. Call attention to the entry by a"cloud"drawn around the area or areas affected.
18 e. In the event of overlapping changes,use different colors for the overlapping
19 changes.
20 5. Conversion of schematic layouts
21 a. In some cases on the Drawings, arrangements of conduits,circuits,piping,
22 ducts, and similar items, are shown schematically and are not intended to
23 portray precise physical layout.
24 1) Final physical arrangement is determined by the Contractor,subject to the
25 City's approval.
26 2) However, design of future modifications of the facility may require
27 accurate information as to the final physical layout of items which are
28 shown only schematically on the Drawings.
29 b. Show on the job set of Record Drawings,by dimension accurate to within 1
30 inch,the centerline of each run of items.
31 1) Final physical arrangement is determined by the Contractor,subject to the
32 City's approval.
33 2) Show,by symbol or note,the vertical location of the Item("under slab","in
34 ceiling plenum", "exposed", and the like).
35 3) Make all identification sufficiently descriptive that it may be related
36 reliably to the Specifications.
37 c. The City may waive the requirements for conversion of schematic layouts
38 where,in the City's judgment,conversion serves no useful purpose. However,
39 do not rely upon waivers being issued except as specifically issued in writing
40 by the City.
41 B. Final Project Record Documents
42 1. Transfer of data to Drawings
43 a. Carefully transfer change data shown on the job set of Record Drawings to the
44 corresponding final documents,coordinating the changes as required.
45 b. Clearly indicate at each affected detail and other Drawing a full description of
46 changes made during construction,and the actual location of items.
47 c. Call attention to each entry by drawing a"cloud" around the area or areas
48 affected.
CITY OF FORT WORTH Repair and Repainting of Seminary Hill
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS and Willow Springs Elevated Tanks
Revised July 1,2011 Project Number 100886
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ELEVATED WATER STORAGE TANK REHABILITATION
Page 1 of 18
1 SECTION 13 02 00
2 Elevated Water Storage Tank Rehabilitation
3
4 PART 1 -GENERAL
5
6 1) Summary of Work
7
8 i) Scope of Contract
9
10 (1) The City of Fort Worth has a two million gallon, welded-steel, elevated,
11 water storage tank,Seminary Hill EST, and a two million gallon
12 composite elevated water storage tank,Willow Springs CET, that are to be
13 rehabilitated and repainted under the terms of this contract. General
14 information on the tanks is provided at the end of this document in the
15 Engineering Reports of Inspection, each dated August 29, 2017. The work
16 to be performed under these specifications includes the rehabilitation,
17 repainting and structural steel repairs of the water storage tanks.
18
19 (2) The legged,welded steel,Seminary Hill elevated tank is located at
20 Stephens Park in Fort Worth, TX 76133. The Willow Springs composite
21 elevated storage tank is located at 2249 Avondale Haslet Rd. Haslet, TX
22 76052. Containment is required during exterior abrasive blasting
23 operations at the Seminary Hill EST to protect the environment. The
24 existing protective coating systems contain less than 1% lead by weight. A
25 laboratory analysis of the coating is provided in the Appendix in the
26 Engineer's Report of Inspection. No exterior blasting or coating operations
27 are required at the Willow Springs CET.
28
29 (3) It shall be the responsibility of the bidders to carefully inspect the sites
30 and all pertinent parts and devices on the tanks to ascertain the quantity
31 of surface preparation,necessary repairs and painting required to clean
32 the tanks properly,paint,repair and place the tanks back into operation in
33 accordance with these contract specifications. The information on the
34 tanks provided in the Engineer's Reports of Inspection is general in nature
35 and should not be relied upon to determine bid quantities or other
36 bidding factors.
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76 Guide 6 -Containing Debris During Paint Removal Operations
77 Guide 12 - Illumination of Industrial Painting Projects
78 VIS-1 -Visual Standard for Abrasive Blast Cleaned Steel
79 PA-1 -Shop, Field and Maintenance Painting of Steel
80 PA-2 -Procedure for Determining Conformation to Dry Coating Thickness
81 Requirements.
82 SP-6 - Commercial Blast Cleaning
83 SP-7- Brush-off Blast Cleaning
84 SP-10-Near-White Metal Blast Cleaning
85
86 ix) Texas Commission on Environmental Quality (TCEQ)
87 Chapter 290- Public Drinking Water
88
89 3) Submittals
90 The successful bidder shall submit the following to the Engineer prior to the
91 start of work
92
93 i) Construction Schedule
94 Submit a detailed scheduled indicating anticipated start and completion dates
95 for each major phase, including, but not limited to, welding repairs, surface
96 preparation, interior coating application, and exterior coating application.
97
98 Contractor shall update submitted schedule as needed.
99
100 ii) Schedule of Values
101 Submit a schedule of values which includes an itemized list of all work items
102 and prices for each item of work.
103
104 iii) Contact Information
105 Submit contact information for all key field and office staff on the project
106 including foreman and project manager.
107
108 iv) Subcontractor Information
109 If subcontractors will be used to perform any work under these specifications,
110 submit contact information and references for the subcontractors. Provide the
111 location, capacity, owner contact with phone number and year completed.
112
113 v) Welder Certifications
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153 1) Materials
154
155 i) Steel
156
157 All appurtenances, supports and steel members shall be constructed of Type
158 A36 mild carbon steel, unless otherwise specified and shall be in accordance
159 with AWWA D100 and TCEQ Chapter 290.
160
161 ii) Accessories and Appurtenances
162
163 All accessories shall comply with the minimum requirements of the
164 Specifications, Codes and Standards listed in paragraph 1.02, current
165 applicable safety regulations and the operation requirements of the structure.
166 Dissimilar metals shall be properly isolated. All stainless steel appurtenances,
167 piping, and weirs inside the tank shall be blasted and coated per the specified
168 interior wet area coating system.
169
170 iii) Electrical and Lighting
171
172 (1) General
173
174 All work shall be performed and all materials shall be provided in
175 accordance with National Electric Code and the governing electrical,
176 safety and inspection codes, regulations and ordinances.
177
178 (2) Materials
179
180 (a) Interior Lights
181 Fixtures shall be enclosed and gasketed, 150 (one hundred and fifty)
182 watt incandescent type with aluminum body, clear glass globe and
183 guard. Aluminum mounting hardware are brackets shall be provided
184 to suit the installation.
185
186 (b) Exterior Door Lights
187 Fixtures shall be enclosed and gasketed, 100 (one hundred) watt high
188 pressure sodium wall mount type with aluminum base housing,
189 polycarbonate cover, prismatic refractor, internal reflector and low
190 temperature ballast. Fixture shall be vandal resistant and provided
191 with photo control.
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192
193 (c) Obstruction Lighting
194 Obstruction lighting shall be provided in accordance with FAA
195 standards.
196
197 The obstruction light shall be a steady burning, dual fixture type with
198 a lamp-out relay switch. The fixture shall be weather sealed, corrosion
199 resistant with aluminum base and housing. Red globes with LED
200 traffic signal lamps shall be provided.
201
202 iv) Steel Tank Painting
203
204 (1) Abrasive Material
205 All exterior abrasive material used in the removal of protective coating
206 systems shall be silica free and low dust producing. Materials such as
207 copper slag and Green Diamond are permitted. Abrasive derived from
208 coal or petroleum products that leave an oily residue on the surface of the
209 steel are also NOT permitted. Submit abrasive selection for approval.
210
211 (2) Coating Material
212 The Contractor shall use the materials specified, or materials of another
213 manufacturer that are deemed equal in the opinion of the City to the
214 materials specified. The quality of the specified materials shall be the
215 Standard of Quality specified. All interior paint shall conform to Standard
216 61 of the National Sanitation Foundation(NSF) and will be on the NSF
217 approved list of inside finish materials. In the event the Contractor
218 desires to substitute the products of another manufacturer,he shall apply
219 to the Engineer in writing at least fourteen (14) days prior to the bid date
220 requesting substitution, and shall furnish with his request complete
221 descriptive materials on the products along with NSF Certification, plus
222 full manufacturer's recommendations of surface preparation and
223 application.
224
225 All paints, thinners and associated products used in the application of the
226 protective coating systems will be manufactured by The TNEMEC
227 Company of Kansas City, MO,unless an alternate coating system is
228 selected as provided for above or in PART 3,Paragraph 10 - Alternate
229 Coating Systems.
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230
231 PART 3- EXECUTION
232
233 1) Welding
234
235 Welding procedures and general welding requirements shall be in accordance
236 with AWWA D100,AWS Structural Welding Code D1.1, and these
237 Specifications. All fillet welds shall be full fillet welds unless otherwise specified.
238
239 Grinding of weld contour shall approximate Condition"D" of NACE Standard
240 SP0178
241
242 All welding repairs shall be completed before any paint is applied to the
243 structure. All appurtenances, supports and steel members shall be constructed of
244 Type A36 mild carbon steel unless otherwise specified and be in accordance with
245 AWWA D100,AISC 13th Edition, and TCEQ Chapter 290.
246
247 2) Repair Items of Work
248
249 i) Seminary Hill EST
250
251 (1) Extend existing exterior access platform on riser at ladder. To be as
252 designed in Drawings section.
253
254 (2) Install new light bulbs, globes, guards and, as necessary, conduit of
255 interior dry stem lighting. Materials used to be as noted in Part 2-
256 Materials. Ensure all lights are functioning properly and a 3" clear space
257 is maintained around all ladder handrails.
258
259 (3) Replace the top 20' of the interior-dry-area ladder. Ladder shall be in
260 accordance with AWWA D100 requirements. Ensure rungs are properly
261 spaced. Ladder rungs shall be non-slip,punched through handrails, and
262 welded inside and out, all around.
263
264 (4) Remove the existing cathodic protection system.
265
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266 (5) Cover cathodic protection holes in roof with welded 1/4' thick steel plates.
267 Seal weld to roof in accordance with AWS D1.1, overhead welding not
268 required. Caulk interior un-welded seams with Sikaflex or equal.
269
270 (6) Replace existing 3" diameter washout pipe and nozzle at interior
271 platform. See photo on Page 63 of 74 of Report of Inspection.
272
273 (7) Replace existing interior rest platform and supports with new platform
274 and supports as designed in Drawings section.
275
276 (8) Seal weld exterior of sample tap lock-box to tank riser per AWS D1.1. See
277 photo on Page 14 of 74 of Report of Inspection.
278
279 (9) Replace obstruction light bulbs with LED bulb specified in the Section.
280
281 (10) After all painting is complete,remove and replace existing vent
282 screen with new # 16 fiberglass window screen around vent pipe and
283 overlap by 3". Hold in place with fiberglass bands at top and bottom.
284
285 (11) Remove and replace existing TEC 2000 Valve Actuator with new
286 actuator of similar make. Submit new actuator model for approval
287 prior to installation.
288
289 (12) Install new gaskets and triple-dipped galvanized steel nuts and
290 bolts for all manways after all painting is completed and properly cured.
291 Ensure manways are water-tight.
292
293 ii) Willow Springs CET
294
295 (1) After abrasive blast cleaning and before coating application,perform a
296 vacuum box test on the entire interior floor of tank per AWWA D107.
297 Identify all holes and cracked welds. Repair damaged welds via grinding
298 and welding per AWS D1.1. Payment shall be per unit price described in
299 Part 3.3 Repair of Pits and Prior Corrosion Damage.
300
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301 (2) Remove and replace existing TEC 2000 Valve Actuator with new
302 actuator of similar make. Submit new actuator model for approval
303 prior to installation.
304
305 (3) Replace obstruction light bulbs with LED bulb specified in this Section.
306
307 (4) After all painting is complete,remove and replace existing vent screen
308 with new # 16 fiberglass window screen around vent pipe and overlap by
309 3". Hold in place with fiberglass bands at top and bottom.
310
311 (5) Install new gaskets and triple-dipped galvanized steel nuts and bolts for
312 all manways after all painting is completed and properly cured. Ensure
313 manways are water-tight.
314
315 3) Repair of Pits and Prior Corrosion Damage
316 After abrasive blast cleaning,Engineer's Field Representative will inspect the
317 steel surface to determine the repair procedure. The repairs may be made by
318 using TNEMEC Series 215 100% solids epoxy pit filler, or by welding as directed
319 by the Engineer. Those pits deeper than 1/8" will be repaired by welding pit
320 flush with the surface of the tank. Pits less than 1/8" will be repaired with 100%
321 solids epoxy after prime coat application. Repairs may be performed after zinc
322 rich primer has been applied per the appropriate coating specification in this
323 document. Quantities contained in the unit price bid are only an estimate.
324 Actual field repairs will be performed as directed by Engineer and will be paid
325 per repair at the unit price bid supplied by the Contractor.
326 Approximately two (2) gallons of epoxy pit filler are expected to be required to
327 repair shallow pits in each tank.
328 It is estimated that after abrasive blast cleaning; each tank will require repair by
329 welding approximately 300 pits,holes or other corrosion damaged areas up to 6"
330 in diameter. Large pits (greater than 2"diameter or multiple pits clustered
331 closely together) shall be repaired by welding 1/4" steel plates to the tank per
332 AWS D1.1 (3/16" thickness is acceptable above the HWL). Blast and prime entire
333 area affected by repairs according to the appropriate coating specification in this
334 document.
335
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336 4) Protective Coating Replacement
337
338 i) General
339 All coating operations shall be performed in accordance with SSPC PA-1,
340 SSPC PA-2, AWWA D102 and these Specifications.
341
342 Surfaces to be painted shall be clean and free of scale, rust, dirt, oil, grease,
343 moisture, or other foreign matter prior to coating. Surfaces shall be free from
344 blisters, rough welds, sharp edges,pits or other imperfections prior to
345 painting. Slag,weld metal accumulation and splatter shall be removed by
346 chipping and grinding.
347
348 Paint application shall not proceed when the temperature is below 50 degrees
349 Fahrenheit, during precipitation or fog, or if there is moisture on the surfaces
350 to be painted. Exceptions to the temperature limit will be allowed in
351 accordance with the manufacturer's printed literature. Each coat of paint shall
352 dry thoroughly as specified by the manufacturer prior to application of
353 successive coats. Do not immerse coating until specified dry film thickness
354 has been obtained and finish coating system has been allowed to cure as
355 recommended by the paint manufacturer.
356
357 All paint shall be thoroughly agitated prior to use and shall be kept agitated
358 while in use. All ready-mixed paint shall be applied as received from the
359 manufacturer,without addition of any kind of drier or thinner except as
360 permitted by the manufacturer. Paint shall be applied according to
361 manufacturer's recommendations.
362
363 Each coat shall be applied at the rate specified and in the manner specified by
364 the manufacturer. Deficiencies in tested dry film thickness shall be corrected
365 by application of additional coat(s) of paint.
366
367 All paint materials shall be evenly spread without runs, sags, drips or other
368 faults. Finished surfaces shall be uniform in thickness,color and appearance
369 and shall be free from brush marks. All lines of demarcation between paints
370 of different colors or shades shall be carefully drawn so as to be true and free
371 from blurred edges.
372
373 All sharp edges,weld seams,nuts,bolts, and other items difficult to coat shall
374 receive a brush applied coat of the specified polyamide epoxy coating
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375 thinned as much as allowable in accordance with the manufacturer's written
376 directions, liberally worked in after the prime coat and prior to the
377 intermediate coat of paint.
378
379 During and after final application of each coating, all metal surfaces shall be
380 checked with appropriate wet and dry mil gauges to ensure that the required
381 thickness of coating is being obtained.The Contractor shall provide a set of
382 standards with the gauge so that accuracy of the gauge can be checked.
383
384 Each coat shall be sprayed or rolled on in accordance with manufacturer's
385 recommendations. Rolling interior paint is not permitted. The type of spray
386 nozzle, the fluid pressure at the gun, the distance from the gun to the surface
387 being painted and the speed of travel of the gun shall be as recommended by
388 the manufacturer. Thinning shall be done as recommended. All paint in the
389 fluid pot and lines shall be cleaned out with thinner before application of the
390 paint is begun. The thinner may be used also for cleaning the painting
391 equipment at the end of each day's operations.
392
393 Each coat shall be dry to touch before the next coat is applied. Follow the
394 manufacturer's directions explicitly.
395
396 ii) Interior Surface Preparation and Coating
397
398 (1) General
399 The work covered by this part of the specification includes painting the
400 entire interior surface area of the structure. This includes but is not limited
401 to all ladders, condensate floors and interior piping. The Contractor shall
402 furnish all materials required for the painting and shall install them in
403 accordance with the manufacturer's written directions and these
404 specifications.
405
406 The Contractor is cautioned that small amounts of paint are intoxicating
407 and large amounts tend to be toxic. The Contractor shall make provisions
408 to keep the tank well ventilated during the spraying and drying
409 operations to protect the personnel and to facilitate drying of the coating
410 by solvent evaporation. During the actual spraying operations, all
411 personnel within the tank shall be furnished with either an appropriate
412 respirator or source of external air such as a compressed air line to a
413 sandblasting helmet. At least two men shall be in the tank during spraying
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414 operations.
415
416 (2) Surface Preparation
417 Abrasive blast clean all areas to SSPC SP-6 Commercial Blast Standard. A
418 suitable angular anchor profile of at least 2.0 mils as determined by Testex
419 strips shall be established. All areas shall be pressure washed with clean
420 water per SSPC SP-1 prior to blasting to prevent embedment of
421 contaminants from existing coating.
422
423 Remove all blast debris from tank and inspect the interior surface area for
424 pits and soluble salt contamination. Soluble iron salt concentration and
425 chloride concentration shall be sampled via a Chlor*Test SCAT Kit with
426 latex sleeve and tested with a chloride titrator tube and ferrous ion test
427 strips in accordance with SSPC Guide 15 and the manufacturer's
428 instructions. If alternate method is to be used, submit to Engineer for
429 approval.
430
431 After proper surface sampling via SCAT kit, test collected sample in latex
432 sleeve with chloride titrator tube and ferrous ion test strips. If ferrous ion
433 salt content or chloride ion content is above 10µg/cm2 (equal to 10 ppm
434 when SCAT test is used),pressure wash per SSPC SP-1 all blast cleaned
435 areas to reduce soluble salt content to less than the above limits.
436
437 When soluble salt concentrations and conductivity are below the limits,
438 set above and all repairs have been made, install desiccant
439 dehumidification equipment and abrasive blast clean all interior surfaces
440 including areas above HWL to near-white standard per SSPC SP-10.
441
442 Dehumidification equipment must remain operational and running from
443 the time the near-white blast commences and run 24 (twenty-four) hours
444 per day until five days after the final coat of paint is applied. The unit
445 must control the environment to keep the air inside the tank and riser at
446 less than 50% (fifty)relative humidity at all times. Minimum desiccant
447 dehumidification equipment required is an HC-9000 GA desiccant with 50
448 KW generator as supplied by DH Technologies, or equal.
449
450 (3) Coating Application
451
452 (a) Coating System
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453
454 Apply following NSF approved three coat system of zinc rich primer
455 top coated with two coats of polyamide epoxy to all interior surfaces.
456
457 Prime coat: TNEMEC Series 94 H2O Hydro-Zinc at 2.5-3.5 mils DFT.
458 Stripe coat: TNEMEC Series 20 or 140 polyamide epoxy thinned as
459 much as allowable and brushed into all weld seams.
460 Intermediate and Finish coats:TNEMEC Series 20 or 140 polyamide
461 epoxy applied at 4-6 mils DFT.
462 Seam Sealer & Pit Filler: Apply Sikaflex to all interior un-welded
463 seams above the HWL, including rafters and ceiling plates. Apply
464 TNEMEC Series FC22 to any un-welded seams below the HWL.
465
466 Minimum thickness required for the total system is 12 mils DFT. Each
467 succeeding coat of paint will vary from the preceding in color so as to
468 be able to verify coverage. Color of finish coat of paint shall be
469 TNEMEC Tank White.
470
471 (b) Holiday Testing
472
473 After the paint thickness meets these specifications and has cured for
474 at least five days, the Contractor shall test the entire surface of the
475 paint system, including above the HWL, for holidays with a low
476 voltage wet sponge detector in accordance with NACE SP0188.
477 Holidays shall be marked and reworked until no further holidays
478 appear. After all holiday checking is complete, the point of ground
479 connection shall be carefully coated.
480
481 iii) Exterior Area Surface Preparation and Coating
482 (1) General
483
484 The work covered by this part of the specification pertains only to the
485 Seminary Hill EST.
486
487 The work covered by this part of the specification includes painting the
488 entire exterior surface area of the tank. It also includes painting any steel
489 outside the tank such as vents, hatches, steel retaining rings, exposed yard
490 piping and all other items outside the tank. Data plates shall not be
DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks
Revised September,2017 Project No. 100886
130200-14
ELEVATED WATER STORAGE TANK REHABILITATION
Page 14 of 18
491 painted over. The Contractor shall furnish all materials and equipment
492 required for the painting and shall install them in accordance with the
493 manufacturer's written direction and these specifications. Exterior
494 Stainless steel shall be coated only if specifically directed by Engineer's
495 Field Representative.
496
497 (2) Containment
498 The existing exterior coating system contains less than 1% lead by weight.
499 Containment is required during the exterior abrasive blasting and coating
500 operations to prevent nuisance dust per TCEQ.
501
502 Sufficient outriggers must be mounted on the tank to allow a fully
503 operational shroud system in winds of up to 25 mph. Containment plan
504 must be submitted to Engineer for approval.
505
506 Shroud exterior of tank with Class 3A shroud including top cap per SSPC
507 Guide 6 (CON). Alternate containment systems such as use of Blast-Tracs
508 or vapor blasting will be considered, if Contractor can show he has
509 successfully used these technologies in similar applications.
510
511 All rigging clips shall be removed from the tank after exterior coating
512 work is complete. These areas will be ground smooth, spot blasted and
513 coated in accordance with the specified coating system.
514
515 (3) Surface Preparation
516 Abrasive blast clean the entire exterior surface area to SSPC SP-6
517 Commercial Blast Standard. A suitable angular anchor profile of at least
518 2.0 mils as determined by Testex strips shall be established. All areas shall
519 be pressure washed with clean water per SSPC SP-1 prior to blasting to
520 prevent embedment of contaminants from existing coating
521
522 (4) Repair deep pits by welding. Shallow pits shall be repaired with 100%
523 solids epoxy paste after zinc-rich primer is applied. Quantities specified
524 above.
525
526 (5) Apply following four coat Zinc Rich
527 Primer/Epoxy/Polyurethane/Fluoropolymer system:
528
DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks
Revised September,2017 Project No. 100886
13 02 00-15
ELEVATED WATER STORAGE TANK REHABILITATION
Page 15 of 18
529 Prime coat: TNEMEC Series 94 H2O Hydro-Zinc applied at 2.5-3.5 mils
530 DFT.
531 Stripe coat: TNEMEC Series 20 or 66 polyamide epoxy thinned as much
532 as allowable and brushed into all weld seams.
533 1St Intermediate coat: TNEMEC Series 20 or 66 polyamide epoxy applied
534 at 4-6 mils DFT.
535 2nd Intermediate coat: TNEMEC Series 1075 polyurethane applied at 2-3
536 mils DFT.
537 Finish coat: TNEMEC Series 700 Hydroflon fluoropolymer applied @ 2-3
538 mils DFT.
539 Total system thickness must be 12.0 mils DFT minimum. Each
540 succeeding coat of paint will vary from the preceding in color so as to be
541 able to verify coverage. Color(s) of finish coat shall be selected by
542 Owner after Contractor submits color choices chart.
543
544 iii) Coating Repair Procedure
545 If coating repairs are required for any reason, the repairs shall be made in a
546 manner that will not damage surrounding coated surfaces. The area to be
547 repaired shall be free of rust, dirt, oil, grease, moisture and other foreign
548 material prior to coating application. The surrounding coating shall be
549 feathered to eliminate sharp edges. The repaired coating shall be applied and
550 inspected in the same manner as specified above. All requirements of the
551 coating specifications shall apply to coating repairs.
552
553 6) Cleaning
554 The tanks will be drained and the Contractor will be responsible for cleaning
555 any accumulated sand and silt prior to start of work. All materials used in the
556 blasting operations, sediment in the tanks, rust, paint and scale accumulated
557 from the cleaning operations and all other material in the tanks, shall be
558 removed from the tanks by the Contractor and properly disposed of.
559
560 7) Disinfection
561 The disinfection of the tanks will be performed via chlorine injection by the
562 City. City to provide all chlorine and City personnel to perform chlorine
563 injection. If this method fails, the Contractor shall provide labor only and use
564 chlorination methods as specified in AWWA C652 to disinfect the tank. The
565 Owner will fill the tanks and perform bacteriological testing. The Contractor
566 shall ensure the tanks are watertight and perform any maintenance necessary
DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks
Revised September,2017 Project No. 100886
13 02 00-16
ELEVATED WATER STORAGE TANK REHABILITATION
Page 16 of 18
567 to make the tank watertight and in compliance with all TCEQ Chapter 290
568 Rules and Regulations prior to vacating the site. Job is not substantially
569 complete until tanks pass bacteriological testing and are in compliance with
570 TCEQ Chapter 290.
571
572 8) Guarantee and Cleanup
573 Upon completion of all work, the Contractor shall remove all surface
574 materials and rubbish and dispose of them in accordance with directions of
575 the Engineer. The Contractor shall repair all damage caused by his workers
576 and shall leave the premises in a clean and orderly condition equal to that of
577 when he found it.
578
579 9) Inspection
580 iii) General
581 The Engineer's Field Representative will perform quality assurance
582 inspections on the Contractor's work on a hold-point basis. The Contractor is
583 required to perform his own quality control.
584
585 No work will progress beyond the designated hold-point until approved by
586 the Engineer's Field Representative.
587
588 The Contractor is required to coordinate with the inspector and provide 24
589 hour notice to request a hold-point inspection. Hold-point inspections shall
590 NOT be scheduled during weekends or Federal Holidays.
591
592 The Contractor shall submit daily weather and progress reports, including
593 anticipated work schedule for the next 7 days,to Engineer and Engineer's
594 Field Representative via email.
595
596 The Contractor is responsible for providing safe rigging to gain access to all
597 work areas to be inspected. All rigging must conform to OSHA Standard
598 1910.
599
600 The Contractor is responsible for providing recommended lighting per SSPC
601 Technology Guide 12 to illuminate the work and inspection areas.
602
603 If the Contractor does not provide adequate lighting or safe rigging to
604 properly inspect the work, the inspection will be postponed until such time as
605 the Engineer can schedule an inspection to determine if the work may
DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks
Revised September,2017 Project No.100886
13 02 00-17
ELEVATED WATER STORAGE TANK REHABILITATION
Page 17 of 18
606 progress beyond the hold-point.
607
608 iv) Hold Points
609 The following hold-points are designated:
610 (1) All welding repairs completed prior to painting
611 (2) Containment erection completed
612 (3) Surface contaminants removed (if required)
613 (4) Concrete forms and reinforcement approved prior to pour
614 (5) Blast profile obtained and degree of blast completed
615 (6) Prime coat completed
616 (7) Stripe coat completed
617 (8) Intermediate coat completed
618 (9) Finish coat completed
619 (10) Holiday detection test of interior completed
620 (11) Cure test of interior completed
621
622 10)ALTERNATE COATING SYSTEMS
623 Contractors may provide alternate pricing for the following coating systems:
624 A. Interior coating system:
625
626 Interior prime coat: Sherwin-Williams Corothane I Galvapac Zinc or
627 Induron Indurazinc MC 67 applied at 2.5 -3.5 mils DFT.
628 Interior stripe,intermediate &finish coats: Sherwin-Williams
629 Macropoxy 646 PW or Induron PE 70 applied at 4.0 to 6.0 mils DFT each
630 coat.
631 Interior seam sealer & pit filler:Sherwin-Williams Steel Seam FT 910 or
632 Induron Aquatapoxy A-6.
633
634 Total interior system thickness must be 12.0 mils DFT minimum.
635
636 B. Exterior coating system:
637
638 Exterior prime coat:Sherwin-Williams Corothane 1 Galvapac Zinc or
639 Induron DF 67 applied at 2.5-3.5 mils DFT.
640 Exterior stripe and 1st intermediate coat: Sherwin-Williams Macropoxy
641 646 PW or Induron Armorguard at 4.0-5.0 mils DFT.
642 Exterior 2nd intermediate coat: Sherwin-Williams Hi-Solids Polyurethane
643 or Induron Indurethane 6600 Plus Polyurethane at 2.0-3.0 mils DFT.
DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks
Revised September,2017 Project No. 100886
13 02 00-18
ELEVATED WATER STORAGE TANK REHABILITATION
Page 18 of 18
644 Exterior finish coat &logos:Sherwin-Williams Fluorokem or Induron
645 Fluorothane at 2.0-3.0 mils DFT.
646
647 Total exterior system thickness must be 12.0 mils DFT minimum.
648
649 C. All contractors must provide pricing based on the TNEMEC coating
650 systems in the Base Bid. Alternate coating system pricing, if provided,will
651 be shown on the Bid Form as an ADD or DEDUCT to the overall Base Bid.
652
653 D. The City will decide whether to proceed with the TNEMEC coating
654 system, or to accept the alternate coating system price if one is provided.
655
656 END OF SECTION
DUNHAM ENGINEERING Repair and Repainting of Seminary Hill and Willow Springs Elevated Tanks
Revised September,2017 Project No.100886
12815 FM 2154,Suite, 1DUNHAM
, •1
College • 690-7034
www.DunhamEngineering.com ENGINEERING TX Firm No.2253
Inspection. Design.
Field Inspection Report
Dunham Engineering, Inc.
•1
Tank ID:Seminary Hill EST
• of • Worth
Inspector: DEI-WeslOatman and Travis Tatum
Date of • • 8/29/2017
Tank Description:2,000,000 Gallon Elevated
Storage
Overview
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Attributes
Title Fort Worth Semina!y Hili EST
Inspection Item Overview
Condition Fair
Notes/Dimensions This is a 2,000,000 gallon welded steel legged style
elevated storage tank.The tank was constructed by
Chicago Bridge and Iron in 1948.
The tank is in good overall structural condition.The
exterior coatings are aging and beginning to fail.The
interior wet coating below the high water line is in fair
condition with minimal corrosion damage noted.
Above the high water line,the interior wet coating is
in poor condition with rafters and center ring showing
moderate to severe corrosion damage. It is
recommended that both the interior wet and exterior
coatings be replaced to prevent extensive repair to the
tank and extend its overall life.
Approximately 80 feet to low water level.
Inspector WO
Page 2 of 74
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Inspection Item
Condition
Notes/Dimensions On site signage
S
4,
r21' 25.86" 812912017
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Site and Fencing
Condition Fair
Notes/Dimensions Open site that is surrounded by a six foot chain link
fence with barbed wire.
Inspector WO
Page 4 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Site and Fencing
Condition Fair
Notes/Dimensions Open site that is surrounded by a six foot chain link
fence with barbed wire.
Inspector WO
Page 5 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Site and Fencing
Condition Fair
Notes/Dimensions Open site that is surrounded by a six foot chain link
fence with barbed wire.
Inspector WO
Page 6 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Site and Fencing
Condition
Notes/Dimensions Smali g on back side of site.
Inspector •
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Attributes
Title Fort Worth
Inspection Item Siteand Fencing
Condition
Notes/Dimensions Open site that is surrounded by a six foot chain link
fence with barbed
Inspector
Page 8 of
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8129/2017 10:36:0I� Aj
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Site and Fencing
Condition Fair
Notes/Dimensions Open site that is surrounded by a six foot chain link
fence with barbed wire.
Inspector WO
Page 9 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Site and Fencing
Condition Fair
Notes/Dimensions Entry to site from a residential street is a tight turn for
a trailer.
Inspector WO
Page 10 of 74
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Attributes
Title Fort Worth Seminary Hill EST —
Inspection Item Exterior Coating
Condition Fair
Notes/Dimensions Paint samples taken for testing
Inspector WO
Page 11 of 74
i
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I
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Overflow Pipe and Drain
Condition Fair
Notes/Dimensions Nom. 16" and 6"respectively
Inspector WO
Page 12 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Overflow Pipe
Condition Fair
Notes/Dimensions Properly working
Inspector WO
Page 13 of 74
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Attributes I
Title Fort Worth Seminary Hill EST
Inspection Item Lock Box
Condition Fair
Notes/Dimensions Connected to riser at overflow and drain junction.
Inspector WO
Page 14 of 74
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Foundation
Condition Fair
Notes/Dimensions 16 legs in total. Each with 2 anchor bolts.All
foundations appear approximately 4" minimum above
grade
Inspector I WO
Page 15 of 74
51
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Foundation
Condition Fair
Notes/Dimensions 16 legs in total.Each with 2 anchor bolts.All
foundations appear approximately 4"minimum above
grade
Inspector WO
Page 16 of 74
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VV 21 ' • 812912017 10:4,3:411
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Foundation
Condition Fair
Notes/Dimensions 16 legs in total. Each with 2 anchor bolts.All
foundations appear approximately 4" minimum above
grade
Inspector WO
Page 17 of 74
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W Or 21' 2L 912WM7 10%C
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Access manway at Riser
Condition Fair
Notes/Dimensions Nom. 36" dia.
Inspector WO
Page 18 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Fair
Notes/Dimensions Wet riser has ladder overflow,and drain at base.
Inspector WO
Page 19 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Sample tap
Condition Fair
Notes/Dimensions Located inside lock box
inspector WO
Page 20 of 74
N Sr W 0I.Sir
WormoMerNAM? 10®47:+
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior of wet riser
Condition Fair
Notes/Dimensions Interior coating appears in fair condition.
Inspector WO
Page 21 of 74
0 Mar SOMMM
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior of wet riser
Condition Fair
Notes/Dimensions Exterior ladder access,goes to platform at interior.
Inspector WO
Page 22 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Coating
Condition Fair
Notes/Dimensions Measured 10-12 mils thick
Inspector WO
Page 23 of 74
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Attributes �F
Title Fort Worth Seminary Hill EST
Inspection Item Data Plate
Condition Fair
Notes/Dimensions Constructed by Chicago Bridge and Iron Company in
1948.
Inspector WO
Page 24 of 74
Attributes
Title . Fort Worth Seminary Hill EST
Inspection Item Exterior Coating
Condition Fair
Notes/Dimensions Measured 10-12 mils thick
Inspector WO
Page 25 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Exterior of Riser
Condition Fair
Notes/Dimensions Platform beneath bowl exterior.
Inspector WO
Page 26 of 74
4
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Exterior
Condition Fair
Notes/Dimensions Underside of bowl
Inspector WO
Page 27 of 74
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Attributes
Title i Fort Worth Seminary Hill EST
Inspection Item Exterior
Condition Fair
Notes/Dimensions Rod connection in good condition
Inspector WO
Page 28 of 74
LLZ
Attributes
Title Fort Worth
Inspection Item Exterior ••'
Condition
Notes/Dimensions 16"clearance at railing
Inspector
Page 29 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Ladder
Condition Fair
Notes/Dimensions Nominal 48"x 36"tube
Inspector WO
Page 30 of 74
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Ladder
Condition Fair
Notes/Dimensions Nominal 48"x 36"tube
Inspector WO
Page 31 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Ladder
Condition Fair
Notes/Dimensions Corrosion damage to floor.
Inspector WO
Page 32 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Ladder
Condition Fair
Notes/Dimensions Lights and gaskets to be replaced
Inspector Wo
Page 33 of 74
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Dry Riser
Condition Fair
Notes/Dimensions Coating failure
Inspector WO
Page 34 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Dry Riser
Condition Poor
Notes/Dimensions Coating failure
Inspector W0
Page 35 of 74
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i 25.86" !2912017 1 Ard
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Dry Riser
Condition Poor
Notes/Dimensions Coating failure
Inspector WO
Page 36 of 74
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Dry Riser
Condition Poor
Notes/Dimensions Coating failures occur at periodic intervals.On both
sides a of ladder at same elevations. Caused by
welding of overflow pipe supports.
Inspectcar WO
Page 37 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Dry Riser
Condition Poor
Notes/Dimensions Access at top to platform. Ladder portion has non slip
rungs and is too narrow for standards.
Inspector Wo
Page 38 of 74
F `t
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior ladder
Condition Poor
Notes/Dimensions Runs along exterior of dry riser
Inspector WO
Page 39 of 74
i
ry
i
Attributes
Title Fort Worth Senning Hill EST
Inspection Item Interior platform
Condition Poor
Notes/Dimensions Runs along top of dry riser.Approx. 10'outer run,4'
inner.3'width of walkway.
Inspector WO
Page 40 of 74
Jim
N 320 •
w 8/2912017 •
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Interior ceiling showing corrosion damage
Inspector WO
Page 41 of 74
r
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Interior bowl
Inspector WO
Page 42 of 74
f
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7'- 71-
a
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Rafters and previous repair work appear in fair
condition.43 angle rafter to 6"thrust ring
Inspector WO
Page 43 of 74
f
11
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51 .69 r
i
J2017 11 ,2030 AM
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Rafters and previous repair work appear in fair
condition.
Inspector WO
Page 44 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Rafters and previous repair work appear in fair
condition.43 angle rafter to 6"thrust ring
Inspector WO
Page 45 of 74
11 10
t: o ' 3
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Rafters and previous repair work appear in fair
condition.
Inspector WO
Page 46 of 74
Yw -
7
97"
25.86"
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Rafters and previous repair work appear in fair
condition.43 angle rafter to 6"thrust ring
Inspector WO
Page 47 of 74
J
I
.V
i
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Rafters welded to wing plate which is welded to thrust
ring.
Inspector WO
Page 48 of 74
5
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Reinforcement to riser and platform.
Inspector WO
Page 49 of 74
i
t
i
Y
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Poor
Notes/Dimensions Reinforcement to riser and platform.
Inspector WO
Page 50 of 74
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8)29/2017 11 :213: 12 Atj
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Overflow.
Condition Poor
Notes/Dimensions Weir appears in fair shape
Inspector WO
Page 51 of 74
•
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Cathodic Protection
Condition Poor
Notes/Dimensions 28 total. 16 outer.8 mid.4 center.
Ins ector WO
Page 52 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Exterior Coating
Condition Poor
Notes/Dimensions Coating samples taken.
Inspector WO
Page 53 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Exterior Coating
Condition Poor
Notes/Dimensions Coating samples taken.
Inspector WO
Page 54 of 74
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Attributes tf
Title Fort Worth Seminary Hill EST
Inspection Item Exterior Coating
Condition Poor
Notes/Dimensions Coating samples taken.
Inspector WO
Page 55 of 74
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32` 40'
; •
r21' 25,86"
w fw 8/29/2017
+ j
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Obstruction Light
Condition Poor
Notes/Dimensions Fixed at time of inspection
Inspector I WO
Page 56 of 74
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970 • i w • 11:40:23 A
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Obstruction Light
Condition Fair
Notes/Dimensions Fixed at time of inspection. FAA L810 LED
Inspector WO
Page 57 of 74
..........
4L
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Roof Manway Top Vent and Construction Hatch
Condition Fair
Notes/Dimensions All nominal 36"diameter.
Inspector WO
Page 58 of 74
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Roof handrail and outer antenna mounts.
Condition Fair
Notes/Dimensions 42"handrail.20'diameter handrail.
Inspector WO
Page 59 of 74
I
Attributes _
Title Fort Worth Seminary Hill EST
Inspection Item Roof winch
Condition Fair
Notes/Dimensions Appears in fair condition
Inspector WO
Page 60 of 74
N 32c' 40' 51.69"
W 970 21' 25.864' 8/29/2017 11:54,31 AM
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Coating
Condition Fair
Notes/Dimensions Additional angle iron supports to side wall
Inspector WO
Page 61 of 74
I
N 320 40
1 ' 25.86" ;3/29/2017 • ArO
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior Coating
Condition Fair
Notes/Dimensions Additional angle iron supports to side wall
Inspector Wo
Page 62 of 74
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I
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior washout
Condition Fair
Notes/Dimensions Replace.3"diameter pipe.& nozzle
Inspector WO
Page 63 of 74
N 32" 401 51.69"
i •
6" 812912017 12,02-132 PM
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Overflow Wier
Condition Fair
Notes/Dimensions
Inspector wo
Page 64 of 74
N 320 40'
. . :52 Pi
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior platform
Condition Fair
Notes/Dimensions Moderate corrosion
Inspector Wo
Page 65 of 74
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Attributes
Title Fort Worth
Inspection Item Int •
Condition
Notes/Dimensions • • •
Inspector
Page 66 of 74
N 320 ,0
`. . i ,: Pry
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Fair
Notes/Dimensions Minimal sediment noted.
Inspector WO
Page 67 of 74
RIO
i
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Fair
Notes/Dimensions Overflow supports approx. Every 10'
Inspector WO
Page 68 of 74
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior washout
Condition Fair
Notes/Dimensions 3" diameter continued to platform.
Inspector WO
Page 69 of 74
4
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•
• 8/29/2017
r 12:09:32
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Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior
Condition Fair
Notes/Dimensions Wet riser grate
Inspector I WO
Page 70 of 74
1
5 }
•
VV 970 21' 25-86" 81291201712: 10,23 PM
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior rafters
Condition Fair
Notes/Dimensions 20 rafters from center thrust ring to outer horizobntal
support. 20 additional angle iron rafters from mid
horizontal support to outer horizontal supports.
Inspector WO
Page 71 of 74
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior rafters
Condition Fair
Notes/Dimensions 20 rafters from center thrust ring to outer horizobntal
support. 20 additional angle iron rafters from mid
horizontal support to outer horizontal supports.
Inspector WO
Page 72 of 74
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Interior rafters
Condition Fair
Notes/Dimensions 20 additional supports to outer half of roof.
Inspector WO
Page 73 of 74
Attributes
Title Fort Worth Seminary Hill EST
Inspection Item Overflow supports
Condition Fair
Notes/Dimensions In wet riser
Inspector WO
Page 74 of 74
ThOMAs ANA1YTiCA1
Environmental & Analytical Testing Services
Page i of 2
Company: Dunham Engineering Report Date: 09/07/17
Submitted By: Jim Dunham Date Collected: 08/29/17
Client Code: 006 Date Received: 08/30/17
Report No.: 005467 Matrix: Paint Chips
Project: Seminary Hili EST
Sample ID:Interior Paint Lab ID:005467-1
Parameter Result RL Units Tech I Date I Time Method
Lead 66 20 ppm JA 09/01/17 1415 6010-
Sample
010*Sam le ID:Exterior Paint Lab ID:005467-2
Parameter Result RL Units Tech Date Time Method
Lead 2,389 20 ppm JA 09/06/17 1610 6010*
Test Methods for Evaluating Solid Waste, EPA SW-846.
ND= Not detected at the reporting limit
Ala .� 1
ia
boratory De '
Thomas Analytical Services, Inc.
PC) Box 9853 • 11183 State Hwy 30 • College Station, TX 77842 • Phone (979) 774-7485 • Fax (979) 774-1604
Website wwwthomasanalytical.com - Email. info@thomasanalytical.com
Page 2 of 2
QC Report
Client Code: 006
Report No.: 005467
---------------------------------------------Duplicate Analysis--------------------------------------------
Sam le ID:Interior Paint
Parameter Original Result Duplicate Result RPD RPD Max.
Lead 66 72 2.2 20
---------------------------------------------Spike Analysis------------------------------ ---
Parameter Spike Added Measured Conc. "/o Recovery Recovery Limits
Lead 100 92.7 93% 75- 125
----------------------------------------Laboratory Control Sam ie----------------- ------------------
Parameter True Value Result Recovery QC Limits
Lead 338 318 94% 80- 120
I
at' IZratory redor�
12815 FM 2154,Suite,150 Phone:(979)690-6555
College Station,TX 77845 DUNHAMFax:(979)690-7034
www.DunhamEngineedng.com TX Firm No.2253
ENGINEERING
Inspection. Design. Results.
Field Inspection Report
Dunham Engineering,Inc.
(979)690-6555
Tank ID:Willow Springs EST
Owner:City of Fort Worth
Inspector: DEI-Wesley Oatman and Travis Tatum
Date of Inspection:8/29/2017
Tank Description:2,000,000 Gallon Composite
Elevated Storage Tank
Overview Map
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Page 1 of 39
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Overview
Condition Fair
Notes/Dimensions This is a 2,000,000 gallon composite elevated storage
tank.The tank was constructed by Chicago Bridge and
Iron in 2009.
The tank is in good overall structural condition.The
exterior coatings are in good condition.The interior
wet coating shows signs of poor adhesion and
inadequate curing time.There also appears to be a
hole in the floor of the tank. It is recommended that
the interior wet coating be replaced to prevent
extensive repair to the tank and extend its overall life.
During this process, it is suggested that a vacuum box
test be done to locate the hole.
Inspectors WO
Page 2 of 39
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i
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Site and Fencing
Condition Fair
Notes/Dimensions Open site that is surrounded by a six foot chain link
fence with barbed wire.
Inspector WO
Page 3 of 39
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5 -
F
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Site and Fencing
Condition Fair
Notes/Dimensions The site has a perimeter fence that is 6'chainlink
topped with barbed wire and secured with locked
gates.
Inspector Wo
Page 4 of 39
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i
N 320 58* 06.58"
8/2912017 i
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Site and Fencing
Condition Fair
Notes/Dimensions The site has a perimeter fence that is 6'chainlink
topped with barbed wire and secured with locked
gates.
Inspector WO
Page 5 of 39
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Site and Fencing
Condition Fair
Notes/Dimensions The site has a perimeter fence that is 6'chainlink
topped with barbed wire and secured with locked
gates.
Inspector WO
Page 6 of 39
i
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N 32r' • 06.58"
x i
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Overflow Pipe and Flap Valve
Condition Fair
Notes/Dimensions Nom. 18" dia.
Inspector WO
Page 7 of 39
FoRTWORTH
u
I. . CiTY OF FORT ,
2.o mi WON GALLON
ELEVATEOTANK
YF-AFt,M9
105'TANK DIAMUER
3!j'HEAD RANGE
OVERH.OSV ELEVATION
950'ABOVF M.S.L.
CUICONSTRUCTORS.iM
CONSU
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Data Plate
Condition Fair
Notes/Dimensions Historical city marker
Inspector WO
Page 8 of 39
QOMPOSiTE,. ELEVATED TANK
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Data Plate
Condition Fair
Notes/Dimensions The 2.OMG composite elevated storage tank was
constructed in 2009, by CB&I Inc.
Inspector WO
Page 9 of 39
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viol
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Inlet Outlet Piping
Condition Good
Notes/Dimensions Nom. 24" dia. piping
Inspector WO
Page 10 of 39
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Ladder
Condition Good
Notes/Dimensions Bar style safety climb
Inspector WO
Page 11 of 39
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�7o �m8491,2017
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Drain
Condition Poor
Notes/Dimensions 4"diameter to 3" diameter at valve. Leak noted.
Inspector WO
Page 12 of 39
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior walkway
Condition Fair
Notes/Dimensions Walkway wraps around one side of tower
Inspector WO
Page 13 of 39
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06.58"
i
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior walkway
Condition Fair
Notes/Dimensions Walkway wraps around one side of tower
Inspector WO
Page 14 of 39
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44
N 320 58' 06.58"
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Piping at concrete interior
Condition Fair
Notes/Dimensions Leak noted at drain line
Inspector WO
Page 15 of 39
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Piping at concrete interior
Condition Fair
Notes/Dimensions Overflow shows signs of leak as well
Inspector I WO
Page 16 of 39
t t
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Dry access tube at concrete interior
Condition Fair
Notes/Dimensions Shows signs of leak at concrete junction of dry access
tube
Inspector WO
Page 17 of 39
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f
1 -
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Ladder
Condition Fair
Notes/Dimensions Access tube interior appears in good shape
Inspector WO
Page 18 of 39
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Riser Bolt
Condition Fair
Notes/Dimensions Loosened nut
Inspector I WO
Page 19 of 39
I }
I 4h
I�
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Riser Bolt
Condition Fair
Notes/Dimensions Loose bolt painted in place.
Inspector I WO
Page 20 of 39
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failures noted throughout
Inspector WO
Page 21 of 39
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failures noted throughout
Inspector WO
Page 22 of 39
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ir
32:' 58' 06.58d'
# 37 ■ _812i i 135 PM-
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failures noted throughout
Inspector Wo
Page 23 of 39
N 320 i 1 .
" '®
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failures noted throughout
Inspector WO
Page 24 of 39
5
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YM °� rVI8/2912017
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failures noted throughout
Inspector WO
Page 25 of 39
7 i
.58
* * 812912017 1 :53: 19
t
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failures noted throughout.
Inspector WO
Page 26 of 39
IN 32r' 58' 06.58"
970 24' . 8129.i2017 11 :5327 PI
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failures noted throughout. Evidence of previous touch
up work. Floor welds should be vacuum box tested.
Inspector I Wo
Page 27 of 39
58' 06.58"
` 24' 37.61"' -61'2912017 1 :54.03 F
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failures noted throughout. Evidence of previous touch
up work. Floor welds should be vacuum box tested.
Inspector WO
Page 28 of 39
58106.58"
W 970 a
8129/2017 ® Iw
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failures noted throughout.
Inspector WO
Page 29 of 39
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Overflow Wier Box.
Condition Fair
Notes/Dimensions None
Inspector WO
Page 30 of 39
1
■ ■ 8;29'1.2017
P%l
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failure at weld seams of roof noted
Inspector Wo
Page 31 of 39
58' 06.58"
8129/2017 1:58:22 PM
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failure at weld seams of roof noted
Inspector WO
Page 32 of 39
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do
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Failure at weld seams of roof noted
Inspector WO
Page 33 of 39
58' 06.58"
970
s .f
. ♦ % s
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Poor edge retention of interior coating
Inspector Wo
Page 34 of 39
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Poor edge retention of interior coating
Inspector WO
Page 35 of 39
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Attributes
Title Fort Worth Willow springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Poor edge retention of interior coating
Inspector WO
Page 36 of 39
C0005
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W 970 a 37,61"
8129/2017 1
59:45 PM
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Poor edge retention of interior coating
Inspector Wo
Page 37 of 39
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Attributes
Title Fort Worth Willow Springs CST
Inspection Item Interior Coating
Condition Poor
Notes/Dimensions Poor initial application of interior coating seems to be
the issue.
Inspector WO
Page 38 of 39
# ■ •
VV 97-' 24' 37,61 &29f2017 2,0712 plw
Attributes
Title Fort Worth Willow Springs CST
Inspection Item Concrete clips
Condition Poor
Notes/Dimensions Water streaks noted.These are located towards
overflow and drain piping
Inspector WO
Page 39 of 39
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