HomeMy WebLinkAboutContract 41794City of Fort Worth, Texa~
Fort Worth Water Department
CITY SECRETARY ~
CONTRACT NO. 4 rJt} -
ROLLING HILLS
WATER TREATMENT PLANT
FILTER No. 3 REPAIR
PROJECT
PREPA RED BY :
Camp Dresser & McKee Inc.
Texas Registration No. F-3043
APRIL 2011
DATE:
FROM :
TO:
RE :
MEMORANDUM
May 17, 2011
Charly Angadicheril, Water Production
Chris Harder, Water Production
S. Frank Crumb, P.E., Director Water Department
Rolling Hills Filter Repairs
Emergency Procurement
On March 15, 2011 the Rolling Hills Filter #3 failed. During the subsequent weeks, city staff worked with
the design engineer (CDM) and the filter underdrain manufacturer {Leopold) to understand the reason
for the failure and develop a repair strategy. With summer demands approaching, there was a serious
concern about additional filters failing due to the headloss pressure through the underdrain porous
plate cap.
On April 12, an interoffice correspondence recommending emergency repairs to the Rolling Hills Filters
was prepared by Frank Crumb and approved by Doug Black in Legal and Fernando Costa . The
emergency authorization was followed up by an informal report to council on April 19 {IR #9377). On
April 21, plans and specifications for the replacement of the Filter #3 underdrain system and removal of
underdrain caps on four additional filters were prepared and distributed to five previously pre-qualified
construction firms experienced in water plant filter installations and repairs. On May 5 five bids were
received, with Garney Companies, Inc . being the low bidder with a total bid of $199,000 . Their bid
stipulated that they would obtain final completion within 95 calendar days from the notice to proceed .
Attached please find four copies routing for execution. We would like to immediately follow up the
execution of these documents with a notice to proceed. Garney is currently working on finalizing shop
drawings and has indicated they will be ready to mobilize to the site next week .
INTER O FFICE MEM O
DATE: APRlL 12 , 2011
TO: FERNA.NDO COST A , ASSIST A.i'l\lT CITY MANAGER
DOUG BLACK, ASSIST ANT CITY ATTORNEY
FROM: S. FRANK CRUMB, P.E., WATER DIRECTOR f, (b~ ~
EMERGENCY REPAIRS TO THE ROLLING HILLS WATER PLANT FILTERS SUBJECT:
The Rollin g Hills Water Treatment Plant is the largest plant o perated by Fort Worth , with a capacity of
200 million gallons per day . The water treatment process consists of raw water ozonation, coagulation,
flocculation, sedimentation, filtration, and residual disinfection . The filtration component of the plant
process is one of the most critical . At Rolling Hills , there are twenty filters, each rated at 10 million
gallons per day, consisting of filter underdrain blocks topped with 48" of granular anthracite.
Th e filter underdrain blocks were installed in 2003 and 2004 . The underdrain blocks contain a cap that is
used to evenly distribute both air and water across the anthracite media during bad .. -w ashing. In the past,
Rolling Hills has experienced problems with the cap pores becoming blocked by organic matter, resulting
in hi gh uplift forces across the block during backwash events .
On the morning of March 15th, during a routine backwash of filter #3, the underdrain blocks failed by
separating and lifting from the filter floor. In the subsequent weeks , city staff removed the anthracite
from Filter #3 and had the underdrain system inspected by both the underdrain manufacturer and the
design engineer. The recommendation from both the manufacturer and des ign engineer was to
completely replace the underdrain block, instead of attempting a partial repair . The new underdrain block
will not be fitted with a cap, but flow will be distributed by placing 12 " thickness of gravel over the block .
Furthennore, in order to measure and log uplift forces through the block during backwash events , it is
recommended that a pressure transmitter be installed at each filter, recording and logging the headloss
through the filter during bacbvash events.
During summer months, full treatment capacity at the Rolling Hills water plant is critical in meeting water
demands. ln order to make repairs and regain capacity prior to the summer demands , emergency
p roc urement of replacement blocks as well as mobilization of a contractor to make the repairs is required .
This memo is submitted to requ est authorization to make emergency repairs and modifications to the filter
underdrains prior to the summer demands:
1. Filter #3 Replacement Underdrain Blocks and Grave l: Salvage or reuse of the filter blocks in
filter #3 is not recommended . It is recommended that a bid package be prepared, advertised, and
bid through an expedited bidding process. Cost of the underdrain blocks and gravel is estimated
at $100,000 .
.--t ·
•
2. Filter #3 Repairs: The existing underdrain blocks and grout must be removed from Filter #3 and
replaced with the new underdrain blocks and gravel. It is recommended that a bid package be
prepared , advertised, and bid through an expedited bidding process, consisting of the installation
of the pre-purchased underdrain blocks and gravel. The cost estimate for the removal and
replacement of the underdrain blocks is estimated at $100 ,000.
3 . Filter Retrofits : Because of the biological growth in the underdrain caps contributing towards
filter failures , the engineer recommends removing the caps on four filters prior to the summer
demands . This work will be incorporated into the filter #3 repair contract. The cost to retrofit
four filters is estimated at $40 ,000.
4. Pressure Transmitters: In order to monitor the headloss through each filter , it is necessary to
procure and install a pressure transmitters to monitor and record head loss through the filters.
Estimated purchase cost of the pressure transmitters is $35 ,000 . Pressure transmitters will be
installed by city staff.
Proposed Procurement Schedule:
1. Issue RPO for purchase of pressure transmitters -April 20 , 2011
2. Ad vertise for bids -April 21 , 2011
a. Filter #3 Replacement Underdrain Blocks and Gravel
b . Filter #3 Repairs and Retrofit of Four Filters
3. Take Bids -May 5, 2011
4. Award Projects and Issue Notice to Proceeds -May 12 , 2011
An informal report to City Council Members will be submitted shortl y upon approval of this
authorization, planned for the May 3, 2011 council agenda. A confirming M&C will be
circulated after bids have been received and contracts executed.
APPROVED FOR EMERGENCY PROCUREM~
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Fernando Costa, Assistant City Manager _D_oJu~g.....,.""'a!!:::;c:::ik!!!:, A=s:::st:::::.C::::,1-.ty-A=tt=o==rn-e_y __
INFORMAL REPORT TO CITY COUNCIL MEMBERS
To the Mayor and Members of the City Council
No. 9377
April 19, 2011
Page 1 of 2
SUBJECT: FILTER REPAIRS AT ROLLING HILLS WATER TREATMENT PLANT
Purpose
The purpose of this informal report is to provide information regard ing certain urgent repairs
required at the Rolling Hills Water Treatment Plant.
Background
The Rolling Hills Water Treatment Plant (RHWTP) is the largest water plant operated in Fort
Worth , with a peak capacity of 200 million gallons per day. The treatment process consists of raw
water ozonation , coagulation, floccu lation , sedimentation, filtration, and residual disinfection. The
filtration component of the plant treatment process is one of the most critical. At the RHWTP,
there are twenty filters , each rated at 10 million gallons per day, consisting of filter underdrain
blocks topped with a porous plastic cap followed by 48 " th ick granular anthracite filter media .
The RHWTP fi lters were retrofitted in 2003 and 2004 to increase the plant capacity to 200 m illion
ga llons per day and to operate b iologically for removal of organic matter produced during the
ozonation process . The filter retrofits included the installation of new underdrain blocks , which
are topped with a porous p lastic cap that supports the anthrac ite filter media and evenly
d istributes both the a ir and water across the media during backwashing. In the past, the RHWTP
has experienced problems with the cap pores becoming clogged by organ ic matter, resulting in
h igh uplift forces across the block during backwash events damaging the filter underdrain system .
On the morning of March 15t\ d uri ng a routine backwash of Filter #3, a portion of the underdrain
blocks failed , lifting upward from the filter box floor slab .
Recommendation
In the subsequent weeks , City staff removed the anthracite media from Filter #3 and had the
underdrain system inspected by both the underdrain manufacturer and the design engineer. The
recommendation from both the manufacturer and the design engineer was to completely replace
the existing underdra in block in Fil ter #3. The replacement underdrain block would be installed
with 12" of grave l media over the blocks instead of the porous cap that is subject to clogging.
Furthermore , in order to measure and document uplift forces through the block during backwash
events , a pressure transmitter should be installed at each filter, recording and logging the
headless through the filter during backwash events.
Authorization
During summer months , full treatment capacity at the RHWTP is critical in meeting water
demands. In order to make repairs and regain capacity prior to the peak summer water
dem ands , emergency procurement of a contractor to perform the repairs is required.
ISSUED BY THE CITY MANAGER FORT WORTH , TEXAS
. ,•
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9377
To the Mayor and Members of the City Council Apri l 19, 2011
~~o Page 2 of 2
{~ SUBJECT: FILTER REPAIRS AT ROLLING HILLS WATER TREATMENT PLANT '~ faT3
On April 12, 2011, the City Manager's Office and the Department of Law authorized the work
required to make the repairs to the Rolling Hills filters under Section 252.022 of the Local
Government Code, which exempts from normal bidding requ irements expenditures that are
necessary to preserve and protect public health or safety of the municipality's residents; and
procurements necessary because of unforeseen damage to public machinery, equipment, or
property. The authorization covers the following:
1. Filter #3 Repairs : Salvage or reuse of the existing underdrain system in Filter #3 is not
recommended. T herefore the existing underdrain blocks and grout must be removed and
replaced with new underdrain blocks and gravel media. A bid package is being prepared
and will be bid through an expedited bidding process utilizing pre-qualified contractors .
During repairs , two adjacent filters will be taken out of service in order to store the
anthracite media from F ilter #3 . The estimated cost to repair Filter #3 is $200 ,000 .
2. Other Filter Modifications : Because of biological growth in the porous underdrain caps ,
the engineer recommends removal of the caps and replacement with 12" of gravel med ia
on four add itional filters prior to the summer peak demands. This w ill allow plant staff to
conduct full scale pilot testing to determine operation requirements without los i ng plant
capacity . Should this testing be successful , the remaining filters will be modified in the
future. The initial modification to four filters will be incorporated into the Filter #3 repa ir
contract. The estimated cost to retrofit four filters is $120 ,000.
3 . Purchase of Pressure Transmitters : In order to monitor the headloss through each filter
and minimize filter underdra in damage due to excessive uplift forces result ing from clogged
underdrain caps , it is necessary to procure and install pressure transmitters to monitor,
record, and transmit the filter headles s data to the plant SCADA system. The estimated
purchase cost of the pressure transmitters is $35 ,000. Pressure transmitters will be
installed by city staff.
A confirming M&C will be circulated as soon as possible after the filter repair bids have been
received and the contract executed. Should you have any questions , please contact Frank
Crumb , Water Director. at 817-392-8246.
(~~~
/;t ~Higgins
ll Interim City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
CDNI
777 Taylor Street , Suite • l 050
Fort Worth , Texas 76102
tel: 817 332-8727
fax : 817 332-6870
May 6, 2011
Mr. Chris Harder, P.E.
Fort Worth Water Department
151111th Avenue
Fort Worth, Texas 76102
Subject: Rolling Hills WTP -Filter No. 3 Repair Project
Bid Tabulation and Recommendation
Dear Mr. Harder:
Bids were received and publicly read at 2:00 p.m. May 5, 2011 for the above referenced project.
Five general contractors submitted bid proposals. Each contractor had been pre-qualified by the
City and submitted the required bid security with their proposal. We have reviewed these bids
and have found no discrepancies. The bids are tabulated on the attached exhibit.
Garney Companies, Inc. was the low bidder and low evaluated bidder. Based upon our review
of the bids, CDM recommends that the Garney Companies, Inc. bid of $199,000.00 be accepted as
the lowest evaluated bid and that they be awarded the contract for construction of the Rolling
Hills Water Treatment Plant -Filter No.3 Repair Project.
Please contact me if you have any questions about the bid evaluation or our recommendation.
J. Dan Shannon, P.E.
Project Manager
Camp Dresser & McKee Inc.
Texas Registration No. F-3043
cc: David Townsend (FWWD)
File: C0-1.0
consulting . eng in eering · construction · operations
Item No. Description
Quantity Untt
1 Filter No . 3 Repair Wo rk 1 L.S .
2 Ind ividu al Fitte r Underdrain Syste m 4 Each Reh abilttation Work
3 Furnish Filter Underd ralns for Filter No . 3 1 LS .
4 Furnish Support Gravel for Filte rs No . 2, No . 1 L.S. 3, No . 4, No . 15 and No . 16
5 Mobilization/Demobilization 1 L.S.
TOTAL BID PRICE
T im e fo r Su sta nti al Co mpletion (1) 95 days
TOTAL EVALUAT ED BID PRICE
Item No. Description
Quantity Unit
1 Filter No . 3 Repair Work 1 L.S.
In divid ual Filte r Un derd rain System 2 Rehabilitation Work 4 Each
3 Furnish Filter Underdra ins for Filter No . 3 1 L.S .
Furnish Support Gravel fo r Filters No . 2, No . 4 3, No . 4 , No . 15 and No . 16 1 L.S.
5 Mobilizat ion/Demo bilization 1 LS.
TOTAL BID PRICE
Ti me fo r Susta ntial Compl etion (1) 105 days
TOTAL E VALUATED BID PRICE
City or Fort Worth , Te x as
Rollin g Hills Water Treatm en t Plant
Filter No. 3 Rep ai r Project
BID TABULAT ION
BIDS RECEIVED 1 :30 P.M . M ay 5 , 201 1
Garney Companies, Inc. Red Riv er Construction Co mpany
Unit Bid Total Quantity Untt Unit Bid Total
Price Bid Price Price Bid Price
$44,000.00 $44,000.00 1 L.S. $76,500.00 $76,500.00
$15,000.00 $60 ,000.00 4 Each $20,000 .00 $80,000.00
$40,000.00 $40,000.00 1 L.S . $40,000.00 $40,000.00
$40,000.00 $40,000 .00 1 LS. $55,000 .00 $55,000.00
$15,000.00 $15,000.00 1 L.S . $14,000 .00 $14,000 .00
$199 ,000.00 $26 5,500.00
-$15,000 .00 105 days $0.00
$18 4,000.00 $265 ,500.00
Eagle Contractin g, L.P. Ba r Constructors, Inc.
Unit Bid Total Qu antity Unit Un it Bid Total
Price Bid Price Price Bid Price
$11 4 ,000.00 $114,000.00 1 LS. $279,500.00 $279,500.00
$25,500.00 $102,000 .00 4 Each $17,140.00 $68 ,560.00
$90,000 .00 $90 ,000.DD 1 L.S . $55,650 .00 $55,650.00
$30,000 .00 $30,000 .00 1 L .S. $37 ,000.00 $37,000.00
$10,000.00 $10,000 .00 1 LS . $10,DDD .OD $10,000 .00
$346,000.00 $4 50 ,710.00
SD .OD 105 days $0.00
$346 ,000.00 $450,7 10.00
'.
Arc her Western Co ntra ctors, ltd.
Quantity Unit Unit Bid Total
Price Bid Price
1 L.S . $76,000.00 $76,000.00
4 Each $26,000.00 $104,000.00
t LS . $86,000.00 $86,000.00
1 L.S . $70,000.00 $70,000.00
1 L.S. $10,000.00 $10,000.00
$3 46 ,000.00
100 days -$7,500.00
$3 38,500 .00
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Camp Dresser & McKee Inc.
Texas Registration No. F-3043
(1) Substantia l Completion is max imum of 105 Calendar
Days . The Evaluated Bid Price indudes a credit of
$1 ,500 per Ca lenda r Day that Bidder's
committed Subs tant ial Complet ion is less than 105
Calendar Days .
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City of Fort Worth, Texas
Fort Worth Water Department
• .. , -~ WATER TREATMENT PLANT
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FILTER No. 3 REPAIR
PROJECT
PREPARED BY:
Camp Dresser & McKee Inc.
Texas Registration No. F-3043
APRIL 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
CITY OF FORT WORTH
Rolling Hills Water Treatment Plant
Filter No. 3 Repair Project
ADDENDUM NO. 1
April 28, 2011
The Contract documents for the Rolling Hills Water Treatment Plant -Filter No. 3 Repair Project, for
which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this
Addendum No . 1. Bidders must acknowledge receipt of this Addendum on the Proposal -Part B .
PROJECT MANUAL REV1SIONS
SECTION 01010 -SUMMARY OF WORK
a) Page 01010-2, Paragraph 1.02 .C .1.f.
Change "12 inches of media support gravel" to "10 inches of media support gravel".
b) Page 01010-2, Paragraph 1.02.C.2.
Delete the first paragraph and replace with the following:
"2 . Work related to the rehabilitation of Filters No . 2, No. 4, No . 15 and No . 16 includes the
following items :"
c) Page 01010-3, Paragraph 1.02 .C.2 .f.
Insert the following after Paragraph 1.02.C.2.e, and renumber paragraphs "f and g" as "g and h"
respectively .
"f. Installation of 10 inches of media support gravel."
SECTION 13221 -FILTER UNDERDRAIN SYSTEM
d) Page 13221-5, Paragraph 2 .01.A.2 .
Add the following sentence to the end of the paragraph . "The existing drop pipes in Filter No . 3
can be reused if they meet the requirements for the underdrain system being supplied."
e) Page 13221-9, Paragraph 3 .01.I .
Delete the last sentence of the paragraph .
ADDENDUM NO . I Apri l 28, 20 l l
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
SECTION 13226 -FILTER MEDIA SUPPORT GRAVEL
a) Page 13226-3 , Part 2, Paragraph B. l
Replace paragraph B . l with the following :
"1. The gravel placed on top of the filter underdrain system shall be in layers for a total depth of
10 inches . The number oflayers and gradation of the layers shall be as shown below:
Top 2-in
2-in
Mid 2-in
2-in
Bottom 2-in
Gravel Size
3/4-in by 1/2-in
1/2 -in by 1/4-in
1/4 -in by 1/8-in
1/2-in by 1/4-in
3/4-in by 1/2-in
The filter underdrain manufacturer shall certify that the above gradation is appropriate or
shall recommend changes to meet the requirements of the underdrain . Such changes, upon
approval, shall be provided at no additional cost to the Owner."
DRAWINGS REVISIONS
SHEET 7 -FILTER No . 3 SECTIONS
a) In Sections 1 and 2 and in Note 2, change "12" Gravel" to "l O" Gravel" to reflect that the media
support gravel shall be 10 inches in depth per specification 13226 .
END OF ADDENDUM NO. 1
AD DENDU M NO I 2 April 28, 201 1
City of Fort Worth
Rolling Hills WTP
Fil ter No. 3 Repair Project
TABLE OF CONTENTS
PART A -NOTICE TO BIDDERS
Notice to Bidders
Instructions to Bidders
PART B -PROPOSAL
Proposal
PART C -GENERAL CONDITIONS
PART Cl -SUPPLEMENTARY CONDITIONS (TO PART C)
PART D -SPECIAL CONDITIONS
PART F -BONDS
Certificate of Insurance
Contractor Compliance with Worker 's Compensation Law
Performance Bond
Payment Bond
Maintenance Bond
PART G -CONTRACT
PART E -TECHNICAL SPECIFICATIONS
DIVISION 1 -GENERAL REQUIREMENTS
01005 Abbreviations
01010 Summary of Work
01025 Measurement and Payment
01040 Construction Sequence
01170 Special Provisions
01200 Project Meetings
013 00 Submittals
01500 Temporary Facilities
01510 Construction Temporary Controls
01600 Delivery, Storage and Handling
01610 Material and Equipment
01 700 Contract Closeout
01710 Cleaning
01720 Project Record Documents
01740 Warranties and Bonds
DIVISION 2 -SITEWORK
02050 Demolition
DIVISION 13 -SPECIAL CONSTRUCTION
13221 Filter Underdrain System
13226 Filter Media Support Gravel
TOC.doc TOC-1 April 201 1
PART A
NOTICE TO BIDDERS
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
Sealed proposals for construction of the
PART A
NOTICE TO BIDDERS
ROLLING HILLS WATER TREATMENT PLANT
FILTER No. 3 REPAIR PROJECT
will be received at the Purchasing office, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102,
until 1 :30 P.M., on May 5, 2011 and will be publicly opened and read aloud approximately 30 minutes later in
the City Council Chambers.
Contract Documents have been prepared by Camp Dresser & McKee Inc., (817) 332-8727, 777 Taylor Street,
Suite 1050, Fort Worth, Texas 76102, and may be examined without charge at its office. Contract Documents
(one-half size plans and specifications) may be obtained from Camp Dresser & McKee Inc. at the above
address for a non-refundable charge of $50.00.
General Contract Documents and Specifications for the Water Department Projects, dated January 1, 1978,
with the latest revisions, also comprise a part of the Special Contract Documents for this project and may be
obtained by paying a non-refundable fee of $50.00 for each set, at the Fort Worth Water Department, 2°d Floor
Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102.
All bidders submitting bids are required to be previously pre-qualified to perform filter retrofit work at the
Rolling Hills Water Treatment Plant. A pre-bid conference will be held at the Rolling Hills Water Treatment
Plant, 2500 Southeast Loop 820, Fort Worth , Texas 76140 on April 26, 2011 at 10:3 0 a.m.
The Rolling Hills Water Treatment Plant is a 200 million gallons per day (mgd) water treatment plant. The
plant includes twenty (20) gravity filters. The major work of this project will be retrofitting one filter (Filter
No . 3), including removal of existing filter underdrains, base grout and media, installing new filter underdrains
and associated appurtenances, and reinstalling the existing media. Work will also include rehabilitating four
(4) filters with by removing the existing underdrain media support caps and replacing with new gravel for
media support. This work will require removal of existing media, storing in adjacent filters and reinstallation of
the existing media.
The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be
withdrawn until the expiration of ninety (90) days from the date the bids are received.
For additional information, please contact Mr. Danny Shannon, P .E., Camp Dresser & McKee Inc. at
(817) 332-8727.
Part A Notice to Bidders.doc A-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
Part A Notice to Bidders .doc A-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
INSTRUCTIONS TO BIDDERS
l. SPECIAL PREOUALIFICATION REQUIREMENTS . Only contractors who have been previously
prequalified to perform filter rehabilitation work at the City of Fort Worth Rolling Hills Water Treatment
Plant within the last three years will be allowed to bid on this project.
2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
2 .1 Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit
the site to familiarize himself with local conditions that may in any manner affect performance of the
work, (c) familiarize himself with federal, state and local laws , ordinances , rules and regulations
affecting performance of the work, and (d) carefully correlate his observations with the requirements
of the Contract Documents.
2 .2 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has
complied with every requirement of this Article 2.
3. BID FORM (PROPOSAL)
3.1 Bidders shall use the Bid (Proposal) forms included in the documents for each contract Bid .
Supplemental data to be furnished shall be included in the same sealed envelope with Proposal.
3.2 Bid (Proposal) forms must be completed in ink. The Bid price of each item on the form must be stated
in words, if specifically requested, and/or numerals ; in case of a conflict, words will take precedence.
3.3 Bids by corporation must be executed in the corporate name by the president or a vice-president (or
other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be
affixed and attested by the secretary or an assistant secretary . The corporate address and state of
incorporation shall be shown below the signature.
3.4 Bids by partnerships must be executed in the partnership name and signed by a partner, his title must
appear under his signature and the official address of the partnership must be shown below the
signature.
3.5 All names must be printed below the signature.
3.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the number of which shall be
filled in on the Bid Form).
4 . SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Notice to Bidders
and shall be included in an opaque sealed envelope, marked with the Project title and name and address of
the Bidder and accompanied by the Bid Security and other required documents . Bidders shall not separate,
detach or remove any portion, segment or sheets from the contract document at any time. Bidders must
complete the proposal section(s) and submit the complete Specifications book or face rejection of the bid
as non-responsive. Revised bid forms issued by addenda shall be stapled to the original bid form in the
specifications book prior to submission.
5. MODIFICATIONS AND WITHDRAWAL OF BIDS . Bids may be modified or withdrawn by an
appropriate document duly executed (in the manner that Bid must be executed) and delivered to the place
where Bids are to be submitted at any time prior to the opening of Bids. Bids may not be withdrawn after
opening of Bids for the period set forth in the Notice to Bidders .
6. OPENING OF BIDS. Bids will be opened as indicated in the Notice to Bidders. Bids received after such
time will not be considered, and will be returned unopened .
Part A Notice to Bidders .doc A-3 April 2011
City of Fort Worth
RoUing Hills WTP
Filte r No . 3 Repair Project
7 . BIDS TO REMAIN OPEN. All Bids shall remain open for the period of time set forth in the Notice to
Bidders, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that
date .
8 . AW ARD OF CONTRACT.
8 .1 Owner reserves the right to reject any and all Bids and waive any and all formalities, and the right to
disregard all nonconforming or conditional Bids or counter proposals.
8.2 In evaluating Bids, Owner will consider the qualifications of the Bidders , whether or not the Bids
comply with the prescribed requirements, and alternates and un it prices if requested in the Bid forms.
In addition, time of Substantial Completion will be taken into account as part of the evaluation an d
award of contract. Substantial Completion time, as delineated in the Proposal form, will be valued at
$1,500 per day. Owner may consider the qualifications and experience of Subcontractors and other
persons and organizations (including those who are to furnish the principal items of material or
equipment) proposed for those portions of the work as to which the identity of Subcontractors and
other persons and organizations must be submitted as specified in the Supplementary Conditions or
Specifications. He may conduct such investigations as he deems necessary to establish the
responsibility , qualifications and financial ability of the Bidders , proposed Subcontractors and other
persons and organizations to do the work in accordance w ith the Contract Documents to Owner's
satisfaction within the prescribed time. Owner reserves the ri ght to reject the Bid of any Bidder who
does not meet any such evaluation to Owner's satisfaction .
8 .3 If a contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by
Owner indicates to the Owner that the award will be in the best interests of the Project.
8.4 It is expected that the Owner's evaluation of bids and award of contract will be made as set forth in the
Notice to Bidders . The successful bidder will be notified by a Notice of Award which may be a letter
or telegram. Time of completion is very important and failure to meet completion schedule will
subject the Contractor to liquidated damages as provided in the Supplementary Conditions section of
the Contract.
9 . EXECUTION OF CONTRACT.
9 .1 The accepted Bidder, within ten (10) days after formal notice of award, shall execute the formal
Contract Agreement and required Bonds on the forms prepared and submitted by the Owner.
9.2 The Owner will issue a Notice to Proceed authorizing the Contractor to commence work.
10. BID SECURITY. A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in
the amount of not less than five (5 %) percent of the largest possible total of the bid submitted must
accompany the bid, and is subject to forfeiture in the event the succe ssful b idder fails to execute the
Contract Documents within ten (10) days after the contract has been aw arded . To be an acceptable surety
on the bond, (1) the name of the surety company shall be included on th e current U .S . Treasury list of
acceptable sureties, or (2) the surety company must have capital and surplu s equal to ten times the limit on
the bond . The surety must be licensed to do business in the State of Texas . The amount of the bond shall
not exceed the amount shown on the U.S. Treasury list or one-tenth (1/10) the total capital and surplus.
11. BONDS . For projects in excess of $25,000, the successful Bidder entering into a contract for the work
will be required to give the City surety in a sum equal to the amount of th e contract awarded . The form of
the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished
hereunder shall meet the requirements of Texas Government Code Section 2253 , as amended .
In order for a surety to be acceptable to the City , the surety must (1) hold a certifi cate of authority from
the Untied States secretary of the treasury to qualify as a surety on obligati ons permitted or required
under federal law; or (2) have obtained reinsurance for any li ab ili t y in exce ss of $100 ,000 from a
Part A Notice to Bidders .doc A -4 April 20 11
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a
certificate of authority from the Untied States secretary of the treasury to qualify as a surety on
obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall
be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of
the proof required herein.
No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or
which are interested in any litigation against the City. Should any surety on the contract be determined
unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the
contractor shall immediately provide a new surety satisfactory to the City .
For this contract, the following bonds shall be provided: (1) a Payment Bond shall be executed, in the
amount of the contract, solely for the protection of all claimants supplying labor and materials in the
prosecution of the work; (2) a Performance Bond shall be provided, in the amount of the contract,
conditioned on the faithful performance of the work in accordance with the plans, specification, and
contract documents. Said bond shall be solely for the protection of the City of Fort Worth; (3) a two-year
Maintenance Bond shall be provided, in the amount of the contract.
12. WAGE RATES. Not less that the prevailing wage rates established by the City of Fort Worth, Texas, and
as set forth in the Contract Documents, must be paid on this project.
13. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal.
14. BIDDER LICENSE : Prior to the award of contract to an out-of-state bidder, the bidder shall be licensed to
do business in the State of Texas. For licensing procedures, contact the Texas Secretary of State Offices
(Telephone Number l-512-463-5555 or 1-900-263-0060)
15. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues, the City of Fort
Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the
lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be
required to underbid a nonresident bidder to obtain a comparable contract in the state in which the
nonresident principal place of business is located .
"Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a
contract whose ultimate parent company or majority owner has a place of business in the State of Texas.
This provision does not apply if this contract involves federal funds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to
meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that
bidder.
16 . AGE: In accordance with the policy of the Executive Branch of the Federal Government, Contractor
covenants that neither it nor any of its officer, members, agents, employees, program participants or
subcontractors, while engaged in performing this contract, shall, in connection with the employment,
advancement or discharge of employees or in connection with the terms, conditions or privileges of their
employment, discriminate against persons because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors,
program participants, or persons acting on their behalf, shall specify, in solicitation to advertisement for
employees to work on this contract, a maximum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qualification , retirement plan or statutory
requirements.
Part A Notice to Bidders.doc A-5 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless
against any claims or allegations asserted by third parties or subcontractors against the City arising out of
the Contractor's and/or its subcontractors' alleged failure to comply wit the above referenced Policy
concerning age discrimination in the performance of the contract.
17. DISABILITY: In accordance with provision of the American with Disabilities Act of 1990 (ADA),
Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on; the
basis of disability in the provision of services to the general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or employees of the Contractor or any of its
subcontractors. Contract warrants it will fully comply with ADA's provision and any other applicable
Federal, State, and local laws concerning disability and will defend, indemnify and hold harmless against
any claims or allegations asserted by third parties or subcontractors against the City arising out of the
Contractor's and/or its subcontractor's alleged failure to comply with the above referenced Policy
concerning disability discrimination in the performance of this contract.
18. MINORITY AND WOMEN BUSINESS ENTERPRISES: The Minority and Women Business Enterprise
requirements, per the City of Fort Worth Ordinance No. 15530, have been waived and are not applicable
for this proj ect.
19. ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents
must make t heir request in writing to the Fort Worth Water Department Engineering Services, at least 96
hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract
Documents, or should the bidder be in doubt as to their meaning, the bidder should at once notify the fort
Worth Water Department Engineering Services, in order that a written addendum may be sent to all
bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal
as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth
Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so
noted in the bid proposal. Bidders are responsible for obtaining all addenda to the contract documents and
acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bid s that
do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information
regarding the status of addenda may be ob tained by contacting the Water Department or Design Engineer.
20. PRE-BID CONFERENCE: The pre-bid conference for bidding Contractors will be held by representatives
of the Fort Worth Water Department and the Consulting Engineers in the Conference Room at the Rolling
Hills Water Treatment Plant, 2500 Southeast Loop 820, Fort Worth, Texas 76140 on April 26, 20 11 at
10:30 a.m. This conference is for the purpose of interpretation for bidding Contractors of Contract
Documents, including plans and specifications, for construction of the Project. Only comments addressed
in subsequent Addenda will be binding.
END OF SECTION
Part A Notice to Bidders .doc A-6 April 2011
PARTB
PROPOSAL
I'
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
TO: Mr. Tom Higgins
Acting City Manager
Municipal Office Building
1000 Throckmorton
Fort Worth, Texas 76102
PARTB
PROPOSAL
PROPOSAL FOR: The furnishing of all materials and equipment and labor and all necessary appurtenances
and incidental work to provide a complete and operable project designated as:
Rolling Hills Water Treatment Plant
Filter No. 3 Repair Project
The undersigned Proposer, havin g thoroughly examined the Contract Documents, including plans , special
contract documents , and the General Contract Documents and General Specifications for Water Department
Projects, the site of the project and understanding the amount of work to the done , and the prevailing
conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to
be furnished by the City , which is necessary to fully complete the work as pro v ided in the Plans and Contract
Documents and subject to the inspection and approval of the Director of the Fort Worth Water Department of
the City of Fort Worth, Texas; and binds himself upon acceptance of thi s Proposal to execute a contract and
furnish an approved Performance Bond, Payment Bond, Maintenance Bond , and such other bonds, if any , as
may be required by the Contract Documents for the performing and completing of the said work . Contractor
proposes to do the work within the time stated and for the following sums:
Item
No.
2
Pa rt B.doc
Estimated
Quantity
_1
L.S .
--1
Each
Brief Description of Item
With Unit Bid Price in Words
Filter No. 3 Repair Work complete
excluding Bid Items 3 , 4 and 5.
Dollars ------------
and --~Z~C~C"~ID~----Cents
per Lump Sum
Individual Filter Underdrain System
Rehabilitation Work complete excluding
Bid Items 4 and 5.
Dollars ------------
and ___ 2,__.__=eC~C~---Cents
per Each
B-1
Unit Bid Price
in Figures
$ 15'.ooo .co
I
Amount
in Figures
April 2011
C ity of Fo rt Wo rth
Ro llin g Hill s WTP
Filt er No. 3 Re pair Proj ect
3
4
5
_1
L.S.
_1
L.S .
_1
L.S .
Furnish filter underdrain s for Filter No. 3
with hardware, anchorin g d evice s,
associated appurtenances and
manufacturer 's s ervice s .
Dollars ------------
and --~L~e~CO~----Cents
per Lump Sum
Furnish support gravel for F ilters No . 2 ,
No. 3 , No . 4 , No . 15 and No. 16 to be
used in replacin g the ex istin g media
s upport ca ps.
Dollars ------------
and __ Z~c"~C~O~----Cents
per Lump Sum
Mobilization/Dem o bilization
Dollars -----------
and 1 ~c-o
per Lump Sum
Cents
TOTALBIDPRICE(Itemsl ,2,3 ,4and5). t:)~ ~~~f C J l),~s...::ry ~lbL
(in words)
11. CS>'"' 'z ~l~ Q ~ ~ ~~ !.lo L C.f_C ~-l: \ ~
--------------~<$)_~IC\~£:\-----+· ·~f)~t.:)~()~, o~() __ _
' (in figure s)
Bidder commits to meet Substantial Completion within 9( Calendar Days (maximum I 05 days).
If number listed is less than 105 days , this will repl ace the time of Substantial Completion pre sented in Part D
-Paragraph D-15.
Part B.doc B-2 A pril 20 11
I l
City of Fort Worth
Rolling Hill s WTP
Filter No. 3 Repair Project
Bidder shall list below the filter underdrain and gravel manufacturer/supplier firms that will be used on this
project to furnish per Sections 13221 and 13226 .
The filter underdrain manufacturer will be ~ut.el 1:;:.~ S :t o -::i 1.<:,..'Jl,.c,,..
The media support gravel supplier wiu be S £aed Yu.l-;: ~ ~~ ~
-1.:l"l L i..oP~'-.\0 (.__PL ____ __.,,/
The undersigned agrees to begin construction within 10 Calendar Days after issue of the notice to proceed, and
to Substantially Complete the Work and Totally Complete the Work within the Calendar Days specified in
Paragraph D-15 of Part D -Special Conditions.
The City reserves the right to accept or reject any and all proposals or any combination thereof proposed for the
above work.
The undersigned assures that its employees and applicants for employment and those of any labor organization ,
subcontractors or employment agency in either furnishing or referring employee applicants to the unders igned
are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance
7400 (Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award
of contracts to Non-Resident Bidders. The law provides that, in order to be awarded a contract as low bidder,
Non-Resident Bidders (out of state contractors whose corporate offices or principal place of business are
outside of the State of Texas) that 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 Texas Resident Bidder would
be required to underbid a Non-Resident Bidders in order to obtain a comparable contract in the state in which
the Non-Resident's principal place of business is located. The appropriate blanks in Section A must be filled
out by all Non-Resident Bidders in order for your bid to meet specifications. The failure of out of state or Non-
Resident Bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in
Section B .
A. u
B. u
Non-resident bidders in _____ (give state), our principal place of
business, are required to be percent lower than resident
bidders by state law.
Non-resident bidders in ~'s,.;o'°"':
underbid resident bidders.
(give state), are not required to
Our principal place of business or corporate offices are in the State of
Texas
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder shall execute the
formal contract and shall deliver approved Performance, Payment and Maintenance Bonds for the faithful
performance of this contact. The attached cashier's check is to become the property of the City ofFort Worth,
Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed
within the time set forth, as Liquidated Damages for delay and additional work caused thereby.
Part B .doc B-3 April 2011
C ity of Fort Worth
Ro llin g Hill s WTP
Filter No . 3 Re pai r Proj ect
Addenda Acknowledgement: I (W e), ac kno w led ge receipt o f th e fo ll ow in g add end a to the plan s and
s pec ifi cation s, all of th e provi s ions and requirements of w hi c h have bee n ta ken int o co nsid erati on in
preparation of the fo regoin g bid :
Add endum No. 1 (Initial s) !N,.. ( {,.-,,/z.01~
A dd e ndum N o. 2 (Initials) _____ _
A dd e ndum No . 3 (Initials) _____ _
Add e ndum N o. 4 (Initia ls) _____ _
ELIZABETH A. GARDNER ~ • NOTARY PUBLIC, STATE OF KAN~~S ~ MYCOMM.EXP.~'1
Telephon e: l g,\kj :'i,~ -0] tJ \
(S E AL)
If Bidd er is Corporation
Date: .. ~ 51± 4 ,..H I'\ "-1 I <..V
Part B.doc B-4 Ap ril 20 11
..
•'
,.
,, ,. ... ~ . . ,.·~
.....
. .
. .
. (
SECTION Cl-1
PARTC
GENERAL CONDITIONS
DEFINITIONS
Cl-1.1 DEFINITIONS OF TERMS : Whenever in these Contract Documents , the
following terms or pronouns in place are used, the intent and meaning shall be
understood and interpreted as follows:
Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are all the written and
drawn documents, such as specifications, bonds, addenda , plans , etc., which govern the
terms and performance of the contract. These are contained in t he General Contract
Documents and the Special Contract Documents .
A. GENERAL CONTRACT DOCUMENTS : The General Contract
Documents govern all Water Department Projects and include the following
items:
PART A
PARTB
PARTC
PARTD
PARTE
PARTF
PARTG
NOTICE TO BIDDERS
PROPOSAL
GENERAL CONDITIONS
SPECIAL CONDITIONS
SPECIFICATIONS
BONDS
CONTRACT
WHITE
WHITE
YELLOW
GREEN
WHITE
WHITE
WHITE
B. SPECIAL CONTRACT DOCUMENTS: The Speci al Contract
Documents are prepared for each specific project as a supplement to the General
Contract Documents and include the following items:
PART A NOTICE TO BIDDERS
PART B PROPOSAL
PART C GENERAL CONDITIONS
PART D SPECIAL CONDITIONS
PART E SPECIFICATIONS
PERMITS/EASEMENTS
PARTF BONDS
PARTG CONTRACT
PART H PLANS (Usually bond separate! y)
Cl-1.3 NOTICE TO BIDDERS : All of the legal publications either actually published
in public advertising mediums or furnished direct to interested parties pertaini ng to the
work contemplated under the Contract Documents constitutes the Notice to Bidders.
Fort Worth Water Department C-1 Ge neral Con di tio ns
Cl-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to
perform the work which the Owner desires to have done, together with the bid security,
constitutes the Proposal, which becomes binding upon the Bidder when it is officially
received by the Owner, has been publicly opened and read and not rejected by the Owner.
Cl-1.5 BIDDER: Any person, persons, firm, or partnership, company, association,
corporation, acting directly or through a duly authorized representative, submitting a
proposal for performing the work contemplated under the Contract Documents,
constitutes a bidder.
Cl-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction
and contract requirements which govern the performance of the work so that it will be
carried on in accordance with the customary procedure, the local statutes, and
requirements of the City of Fort Worth's charter and promulgated ordinances .
Cl-1.7 SPECIAL CONDITIONS: Special Conditions are the specific requirements
which are necessary for the particular project covered by the Contract Documents and not
specifically covered in the General Conditions . When considered with the General
Conditions and other elements of the Contract Documents they provide the information
which the Contractor and Owner should have in order to gain a thorough knowledge of
the project.
Cl-1.8 SPECIFICATIONS: The Specifications is that section of part of the Contract
Documents which sets forth in detail the requirements which must be met by all
materials, construction, workmanship, equipment, and services in order to render a
completed and useful project. Whenever reference is made to standard specifications,
regulations, requirements, statutes, etc., such referred to documents shall become a part
of the Contract Documents just as though they were embodied therein.
Cl-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the
Contractor for the prompt and faithful performance of the contract and shall include the
following:
A. Performance Bond (See paragraph C3-3.7)
B. Payment Bond (See paragraph C3-3.7)
C. Maintenance Bond (See paragraph C3-3.7)
D. Proposal of Bid Security (See Special Instructions to the Bidders, Part A
and C2-2.6)
Cl-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner
and the Contractor covering the mutual understanding of the two contracting parties
about the project to be completed under the Contract Documents.
C 1-1.11 PLANS: The plans are the drawings or reproductions made by the Owner's
representative showing in detail the location, dimension, and position of the various
elements of the project, including such profiles, typical cross-sections, layout diagrams,
Fort Worth Water Department C-2 General Conditions
working drawings, preliminary drawings and such supplemental drawings as the Owner
may issue to clarify other drawings or for the purpose of showing changes in the work
hereinafter authorized by the Owner. The plans are usually bound separately from other
parts of the Contract Documents, but they are a part of the Contract Documents just as
though they were bound therein.
Cl-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and
chartered under the Texas State Statutes, acting by and through its governing body or its
City Manager, each of which is required by charter to perform specific duties.
Responsibility for final enforcement of Contracts involving the City of Fort Worth is by
charter vested in the City Manager. Terms City and Owner are synonymous .
Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of
Fort Worth, Texas.
Cl-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro Tern
of the City of Fort Worth, Texas.
Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of
the City of Fort Worth, Texas, or his duly authorized representative.
Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort
Worth, Texas, or his duly authorized representative.
Cl-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed Director of the City
Water Department of the City of Fort Worth, Texas, or his duly authorized representative,
assistant, or agents.
Cl-1.18 DIRECTOR. CITY WATER DEPARTMENT: The duly appointed official of
the City of Fort Worth, Texas, referred to in the Charter as the City Engineer, or his
authorized representative.
C 1-1.19 EN GINER: The Director of Public Works, the Director of the Fort Worth
Water Department, or their duly authorized assistants, agents, engineers, inspectors, or
superintendents, acting within the scope of the particular duties entrusted to them .
Cl-1.20 CONTRACTOR: The person, persons, partnership, company, firm , association,
or corporation, entering into a contract with the Owner for the execution of the work,
acting directly or through a duly authorized representative . A sub-contractor is a person,
firm, corporation, or others under contract with the principal contractor, supplying labor
and materials, or only labor, for work at the site of the project.
Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required
with and for the Contractor. The sureties engaged are to be fully responsible for the
entire and satisfactory fulfillment of the Contract and for any and all requirements as set
forth in the Contract Documents and approved changes herein .
Fort Worth Water Department C-3 General Conditions
-
Cl-1.22 THE WORK OR THE PROJECT: The completed work contemplated in and
covered by the Contract Documents, including but not limited to the furnishing of all
labor, materials, tools, equipment, and incidentals necessary to produce a completed and
serviceable project.
Cl-1.23 WORKING DAY: A working is defined as a calendar day, not including
Saturdays, Sundays, and legal holidays, in which the weather or other conditions not
under the control of the Contractor permit the performance of the principal unit of work
for a period of not less than seven (7) hours between 7:00 AM and 6:00 PM, with
exceptions as permitted in paragraph C7-7 .6.
Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days
being excepted.
Cl-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the
City Council of the City of Fort Worth for observance by City Employees as follows :
New Year' Day January 1
M.L. King, Jr. Birthday Third Monday in January
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Thanksgiving Friday Fourth Friday in November
Christmas Day December 25
Such other days in lieu of holidays as the City Council may determine
When one of the named holidays or a special holiday is declared by the City Council,
falls on a Saturday, the holiday shall be observed on the preceding Friday or if it falls on
Sunday, it shall be observed on the following Monday, by those employees working on
working day operations. Employees working calendar day operations will consider the
calendar holiday as a holiday.
Cl-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in
Contract Documents, the intent and meaning shall be as follows :
AASHTO
ASCE
LAW
ASTM
AWWA
ASA
HI
Asph .
Ave.
Blvd.
CI
Fort Worth Water Department
American Association of State Highway Transportation Officials
American Society of Civil Engineers
In Accordance With
American Society of Testing Materials
American Water Works Association
American Standards Association
Hydraulic Institute
Asphalt
Avenue
Boulevard
Cast Iron
C-4 Ge neral Conditions
-
CL Center Line
GI Galvanized Iron
Lin . Linear or Lineal
MH Manhole
Max. Maximum
Min . Minimum
MGD Million Gallons Per Day
CFS Cubic Foot per Second
R Radius
I .D . Inside Diameter
O.D. Outside Diameter
F Fahrenheit
C Centigrade
In. Inch
Ft. Foot
St. Street
CY Cubic Yard
Yd. Yard
SY Square Yard
L.F. Linear Foot
D.I. Ductile Iron
Cl-1 .27 CHANGE ORDER: A "Change Order" is a written supplement agreement
between the Owner and the Contractor covering some added or deducted item or feature
which may be found necessary and which was not specifically included in the scope of
the project on which the bids were submitted. Increase in unit quantities stated in the
proposal are not the subject matter of a Change Order unless the increase or decrease is
more than 25% of the amount of the particular item or items in the original proposal.
All "Change Orders" shall be prepared by the City from information as necessary
furnished by the Contractor.
Cl-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as
a street or alley having one of the following types of wearing surf aces applied over the
natural unimproved surface:
A. Any type of asphaltic concrete with or without separate base material
B. Any type of asphalt surface treatment, not including oiled, surface
C. Brick, with or without separate base material
D. Concrete, with or without separate base material
E. Any combination of the above
Cl-1.29 UNPAVED STREETS AND ALLEYS: An unpaved street, alley , roadway, or
other surface is any area , except those defined above for "Paved Streets and Alleys ".
Cl-1.30 CITY STREETS: A city street is defined as that area between the right of way
lines as the street is dedicated.
Fort Worth Water Department C-5 Ge neral Conditi ons
-
-
-
-
-
-
-
Cl-1.31 ROADWAY: The roadway is defined as the area between parallel lines two
(2') feet back of the curb lines or four (4') feet back of the average edge of pavement
where no curb exists.
Cl-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been
added one or more applications of gravel or similar material other than the natural
material found on the street surface before any improvement was made .
Fort Worth Water Department C-6 General Conditions
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2 .1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which
will contain an itemized list of the items of work to be done or materials to be furnished
and upon which bid prices are requested. The Proposal form will state the Bidder's
general understanding of the project to be completed, provide a space for furnishing the
amount of bid security, and state the basis for entering into a formal contract. The Owner
will furnish forms for the Bidder's "Experience Record", "Equipment Schedule", and
"Financial Statement", all of which must be properly executed and filed with the Director
of the City Water Department one week prior to the hour for opening of bids.
The financial statement required shall have been prepared by an independent certified
public accountant or an independent public accountant holding a valid permit issued by
an appropriate state licensing agency, and shall have been so prepared as to reflect the
current financial status. This statement must be current and not more than one (1) year
old. In the case that a bidding date falls within the time a new statement is being
prepared, the previous statement shall be updated by proper verification. Liquid assets in
the amount of ten ( 10%) percent of the estimated project cost will be required.
For an experience record to be considered to be acceptable for a given project, it must
reflect the experience of the firm seeking qualification in work of both the same nature
and magnitude as that of the project for which bids are being received, and such
experience must have been on projects completed not more than five (5) years prior to the
date on which bids are to be received. The Director of the Water Department shall be
sole judge as to the acceptability of experience for qualification to bid on any For Worth
Water Department project.
The prospective bidder shall schedule the equipment he has available for the project and
state that he will rent such additional equipment as may be required to complete the
project on which he submits a bid.
C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to
be furnished as may be listed in the proposal forms or other parts of the Contract
Documents will be considered as approximate only and will be used for the purpose of
comparing bids on a uniform basis. Payment will be made to the Contractor for only the
actual quantities of work performed or materials furnished in strict accordance with the
Contract Documents and Plans. The quantities of work to be performed and materials to
be furnished may be increased or decreased as hereinafter provided, without in any way
invalidating the unit prices bid or any other requirements of the Contract Documents .
C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with the Owner shall constitute
all of the information which the Owner will furnish . All additional information and data
which the Owner supply after promulgation of the formal Contract Documents shall be
issued in the form of written addenda and shall become part of the Contract Documents
just as though such addenda were actually written into the original Contract Documents.
Fort Worth Water Department C-7 General Condition s
Bidders are required, prior to filing of proposal , to read and become familiar with the
Contract Documents , to visit the site of the project and examine carefully all local
conditions, to inform themselves by their own independent research and investigations,
tests, borings, and by such other means as may be necessary to gain a complete
knowledge of the conditions which may be encountered during the construction of the
project. They must judge for themselves the difficulties of the work and all attending
circumstances affecting the cost of doing work or the time required for its completion ,
and obtain all information given by the Owner or any representative of the Owner other
than that contained in the Contract Documents and officiall y promulgated addenda
thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon
their own estimates, investigation, research, tests , explorations , and other data which are
necessary for full and complete information upon which the proposal is to be based. It is
mutually agreed that the submission of a proposal is prima-facie evidence that the bidder
has made the investigations, examinations , and tests herein required. Claims for
additional compensation due to variations between the conditions encountered in
construction and as indicated in the Contract Documents will not be allowed .
The logs of Soil Borings, if any, showing on the plans are for general information only
and may not be correct. Neither the Owner nor the Engineer guarantee that the data
shown is representative of conditions which actually exist.
C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the
form furnished by the Owner. All blank spaces applicable to the project contained in the
form shall be correctly filled in and the Bidder shall state the prices, written in ink in both
words and numerals, for which he proposes to do the work contemplated or furnish the
materials required. All such prices shall be written legibly. In case of discrepancy
between the price written words and the price written in numerals , the price most
advantageous to the City shall govern .
If a proposal is submitted by an individual, his or her name must be signed by him (her)
or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or
partnership, the name and address of each member must be gi ven , and the proposal must
be signed by a member of the firm, association, or partnership , or by a person duly
authorized. If a proposal is submitted by a company or corporation , the company or
corporate name and business address must be given , and the proposal signed by an
official or duly authorized agent. The corporate seal must be affixed. Power of Attorney
authorizing agents or others to sign the proposal must be properly certified and must be in
writing and submitted with the proposal.
C2-2.5 REJECTION OF PROPOSALS: Proposals may be rej ected if they show any
alteration or words or figures, additions not called for, condi tional or uncalled for
alternate bids, incomplete bids , erasures, or irregularities of any kind , or contain
unbalanced value of any items. Proposal tendered or deli vered after the offic ia l time
designated for receipt of proposal shall be returned to the Bidder unopened .
Fort Worth Wate r De partment C-8 General Condition s
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C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a
"Proposal Security" of the character and in the amount indicated in the "Notice to
Bidders" and the "Proposal". The Bid security is required by the Owner as evidence of
good faith on the part of the Bidder, and by way of a guaranty that if awarded the
contract, the Bidder will, within the required time, execute a formal contract and furnish
the required performance and other bonds . The bid security of the three lowest bidders
will be retained until the contract is awarded or other disposition is made thereof. The
bid security of all other bidders may be returned promptly after the canvass of bids.
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its proper Bid Security, to the City Manager or his
representative in the official place of business as set forth in the "Notice to Bidders". It is
the Bidders sole responsibility to deliver the proposal at the proper time to the proper
place. The mere fact that a proposal was dispatched will not be considered. The Bidder
must have the proposal actually delivered. Each proposal shall be in a sealed envelope
plainly marked with the work "PROPOSAL", and the name or description of the project
as designated in the "Notice to Bidders". The envelope shall be addressed to the City
Manager, City Hall, Fort Worth, Texas.
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City
Manager cannot be withdrawn prior to the time set for opening the proposals . A request
for non-consideration of a proposal must be made in writing, addressed to the City
Manager, and filed with him prior to the time set for the opening of proposals. After all
proposals not requested for non-consideration are opened and publicly read aloud, the
proposals for which non-consideration requests have been properly filed may, at the
option of the Owner, be returned unopened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify
his proposal by telegraphic communication at any time prior to the time set for opening
proposals, provided such telegraphic communication is received by the City Manager
prior to the said proposal opening time, and provided further, that the City Manager is
satisfied that a written and duly authenticated confirmation of such telegraphic
communication over the written signature of the bidder was mailed prior to the proposal
opening time. If such confirmation is not received within the forty-eight (48) hours after
the proposal opening time, no further consideration will be given to the proposal.
C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly
filed and for which no "Non-consideration Request" has been received will be publicly
opened and read aloud by the City Manager or his duly authorized representative at the
time and place indicated in the "Notice to Bidders". All proposals which have been
opened and read will remain on file with the Owner until the contract has been awarded.
Bidders or their authorized representatives are invited to be present for the opening of
bids.
C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being
"Irregular" if they show any omissions, alterations of form, additions, or conditions not
Fort Worth Water Department C-9 General Conditions
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called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner
reserves the right to waive any and all irregularities and to make the award of the contract
to the best interest of the City. Tendering of a proposal after the closing hour is an
irregularity which cannot be waived.
C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their
proposals not considered for any of, but not limited to , the following reason :
A. Reasons for believing that collusion exists among bidders
B. Reasonable grounds for believing that any bidder is interested in more
than one proposal for work contemplated.
C. The bidder being interested in any litigation against the Owner or where
the Owner may have a claim against or be engaged in litigation against the
bidder.
D.
E.
F.
G.
H.
The bidder being in arrears on any existing contract or having defaulted on
a previous contract.
The bidder having performed a prior contract in an unsatisfactory manner.
Lack of competency as revealed by the financial statement, experience of
record, equipment schedule, and such inquiries as the Owner may see fit to
make.
Uncompleted work which, in the judgment of the Owner, will prevent or
hinder the prompt completion of additional work if awarded.
The bidder not filing with the Owner, one week in advance of the hour of
the opening of proposals the following:
1.
2.
3.
Financial Statement showing the financial condition of the bidder
as specified in Part "A" -Special Instructions.
A current experience record showing especially the projects of a
nature similar to the one under consideration, which have been
successfully completed by the Bidder.
An equipment schedule showing the equipment the bidder has
available for use on the project.
The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under
the requirements stated herein, shall be set aside and not opened.
Fort Worth Water Department C-10 General Conditions
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SECTION C3-3 A WARD AND EXECUTION OF DOCUMENTS
C3-3.l CONSIDERATION OF PROPOSALS: After the proposals have been opened
and read aloud, the proposals will be tabulated on the basis of the quoted prices, the
quantities shown in the proposal, and the application of such formulas or other methods
of bringing items to a common basis as may be established in the Contract Documents.
The total obtained by taking the sum of the products of unit prices quoted and the
estimated quantities plus any lump sum items and such other quoted amounts as may
enter into the cost of the completed project will be considered as the amount of the bid.
Until the award of the contract is made by the Owner, the right will be reserved to reject
any or all proposals and waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as may be considered for the best interest of the
Owner.
C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request,
complete and accurate information regarding actual work performed by a Minority
Business Enterprise (MBE) and or a Woman-Owned Business Enterprise (WBE) on the
contract and the payment therefore. Contractor further agrees, upon request by the
Owner, to allow and audit and/or an examination of any books, records, or files in the
possession of Contractor that will substantiate the actual work performed by the MBE or
WBE. Any material misrepresentation of any nature will be grounds for termination of
the contract and for initiating any action under appropriate federal, state, or local laws
and ordinances relating to false statements; further , any such misrepresentation may be
grounds for disqualification of Contractor at Owner's discretion for bidding on future
Contracts with the Owner for a period of time not less than six (6) months.
C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with
Current City Ordinance prohibiting discrimination in employment practices.
The Contractor shall post the required notice to that effect on the project site, and, at his
request, will be provided assistance by the City of Fort Worth's Equal Employment
Officer who will refer any qualified applicant he may have on file in his office to the
Contractor. Appropriate notices may be acquired from the Equal Employment Officer.
C3-3.4 WITIIDRA WAL OF PROPOSALS: After a proposal has been read by the
Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on
which the proposals were opened.
C3-3.5 AW ARD OF CONTRACT: The Owner reserves the right to withhold final
action on the proposals for a reasonable time, not to exceed forty-five (45) days after the
date of opening proposals, and in no event will an award be made until after
investigations have been made at to the responsibility of the proposed awardee.
Fort Worth Water Department C-11 General Conditions
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The award of the contract, if an award is made, will be to the lowest and best responsible
bidder. The award of the contract shall not become effective until the Owner has notified
the Contractor in writing of such award.
C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have
been determined for comparison of bids, the Owner may, at its discretion, return the
proposal security which accompanied the proposals which, in its judgment, would not be
considered for the award. All other proposal securities, usually those of the three lowest
bidders, will be retained by the Owner until the required contract has been executed and
bond furnished by the Owner has otherwise disposed of the bids, after which they will be
returned by the City Secretary.
C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the
Contractor shall furnish to, and file with the Owner in the amounts herein required, the
following bonds:
A. Performance Bond: A good and sufficient performance bond in an
amount not less than 100 percent of the amount of the contract, as evidenced by
the proposal tabulation or otherwise, guaranteeing the full and faithful execution
of the work and performance of the contract, and for the protection of the Owner
and all other persons against the damage by reason of negligence of the
Contractor, or improper execution of the work or the use of inferior materials.
This performance bond shall guarantee the payment for all labor, materials,
equipment, supplies, and services used in the construction of the work, and shall
remain in full force and effect until the provisions as above stipulated are
accomplished and final payment is made on the project by the city.
B. Maintenance Bond: A good and sufficient maintenance bond, in the
amount of not less than 100 percent of the amount of the contract, as evidenced by
the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful
performance of the general guaranty which is set forth in paragraph C8-8.10.
C. Payment Bond: A good and sufficient payment bond, in an amount not
less than 100 percent of the amount of the contract, as evidenced by the proposal
tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all
claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959,
effective April 27, 1959, and/or the latest version thereof, supplying labor and
materials in the prosecution of the work provided for in the contact being
constructed under these specifications . Payment bond shall remain in full force
until all payments as above stipulated are made.
D. Other Bonds: Such other bonds as may be required by these Contract
Documents shall be furnished by the Contractor.
Fort Worth Water Department C-12 General Conditions
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No sureties will be accepted by the Owner which are at the time in default or delinquent
on any bonds or which are interested in any litigation against the owner. All bonds shall
be made on the forms furnished by the Owner and shall be executed by an approved
surety company doing business in the City of Fort Worth, Texas, and which is acceptable
to the Owner. In order to be acceptable, the name of the surety shall be included on the
current U.S . Treasury list of acceptable sureties, and the amount of bond written by any
one acceptable company shall not exceed the amount shown on the Treasury list for that
company. Each bond shall be properly executed by both the Contractor and the Surety
Company.
Should any surety on the contract be determined unsatisfactory at any time by the Owner,
notice will be given the Contractor to that effect and the Contractor shall immediately
provide a new surety satisfactory to the Owner. No payment will be made under the
contract until the new surety or sureties, as required, have qualified and have been
accepted by the Owner. The contract shall not be operative nor will any payments be due
or paid until approval of bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by
appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute
and file with the Owner the Contract and other such bonds as may be required in the
Contract Documents.
No contract shall be binding upon the Owner until it has been attested by the City
Secretary, approved as to form and legality by the City Attorney, and executed for the
Owner by either the Mayor or City Manager.
C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute
the required bond or bonds or to sign the required contract within ten (10) days after the
contract is awarded shall be considered by the Owner as an abandonment of his proposal,
and the Owner may annul the award. By reason of the uncertainty of the market prices of
material and labor, and it being impracticable and difficult to accurately determine the
amount of damages occurring to the Owner by reason of said Awardee's failure to
execute said bonds and contract within ten (10) days, the proposal security accompanying
the proposal shall be the agreed amount of damages which the Owner will suffer by
reason of such failure on the part of the Awardee and shall thereupon immediately be
forfeited to the Owner.
The filing of a proposal will be considered as an acceptance of this provision by the
Bidder.
C3-3.10 BEGINNING WORK: The Contractor shall not commence work until
authorized in writing to do so by the Owner. Should the Contractor fail to commence
work at the site of the project within the time stipulated in the written authorization
usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety
Company will, within ten (10) days after the commencement date set forth in such
written authorization, commence the physical execution of the contract.
Fort Worth Water Department C-13 General Conditions
C3-3. l 1 INSURANCE: The Contractor shall not commence work under this contract
until he has obtained all the insurance required under the Contract Documents, and such
insurance has been approved by the Owner. The prime contractor shall be responsible for
delivering to the Owner the sub-contractor's certificate of insurance for approval. The
prime contractor shall indicate on the certificate of insurance included in the documents
for execution whether or not his insurance covers sub-contractors. It is the intention of
the Owner that the insurance coverage required herein shall include the coverage of all
sub-contractors.
A.
B.
C.
Compensation Insurance: The Contractor shall maintain, during the life of
this contract, Workers Compensation Insurance on all of his employees to
be engaged in work on the project under this contract, and for all sub-
contractors. In case any class of employees engaged in hazardous work on
the project under this contract is not protected under the Workers
Compensation Statute, the Contractor shall provide adequate employer's
general liability insurance for the protection of such of his employees not
so protected.
Comprehensive General Liability Insurance: The Contractor shall procure
and shall maintain during the life of this contract Contractor's
Comprehensive General Liability Insurance (Public Liability and Property
Damage Insurance) in the amount not less than $500,000 covering each
occurrence on account of bodily injury, including death, and in an amount
not less than $500,000 covering each occurrence on account of property
damage with $2,000,000 umbrella policy coverage.
Additional Liability: The Contractor shall furnish insurance as separate
policies or by additional endorsement to one of the above-mentioned
policies, and in the amount as set forth for public liability and property
damage, the following insurance:
1. Contingent Liability (covers General Contractor's Liability for acts
of sub-contractors.)
2. Blasting, prior to any blasting being done.
3. Collapse of building or structures adjacent to excavation (if
excavations are to be performed adjacent to same).
4. Damage to underground utilities for $500,000.
5. Builders risk (where above-ground structures are involved)
6. Contractual Liability (covers all indemnification requirements of
Contract).
Fort Worth Water Department C-14 General Conditions
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D. Automobile Insurance -Bodily Injury and Property Damage: The
Contractor shall procure and maintain, during the life of the Contract,
Comprehensive Automobile Liability insurance in an amount not less than
$250,000 for injuries including accidental death to any one person and
subject to the same limit for each person an amount not less than $500,000
on account on one accident, and automobile property damage insurance in
an amount not less than $100,000 .
E. Scope of Insurance and Special Hazard: The insurance required under the
above paragraphs shall provide adequate protection for the Contractor and .
his sub-contractors, respectively, against damage claims which may arise
from operations under this contract, whether such operations be by the
insured or by anyone directly or indirectly employed by him, and also
against any of the following special hazards which may be encountered in
the performance of the Contract.
F. Proof of Carriage of Insurance: The Contractor shall furnish the Owner
with satisfactory proof of coverage by insurance required in these Contract
Documents in amounts and by carriers satisfactory to the Owner. All
insurance requirements made upon the Contractor shall apply to the sub-
contractor, should the Prime Contractor's insurance not cover the sub-
contractor's work operations.
G. Local Agent for Insurance Bonding: The insurance and bonding
companies with whom the Contractor's insurance and performance ,
payment, maintenance and all such other bonds as written shall be
represented by an agent or agents having an office located within the city
limits of the City of Fort Worth, Tarrant County , Texas . Each such agent
shall be a duly qualified one upon whom service of process may be,had,
and must have the authority and power to act on behalf of the insurance
and /or bonding company to negotiate and settle with the City of Fort
Worth, or any other claimant, any claims that the City of Fort Worth or
other claimant, or any property owner who has been damaged, may have
against the Contractor, insurance, and/or bonding company . If the local
insurance representative is not so empowered by the insurance or bonding
companies, then such authority must be vested in a local agent or claims
officer residing in the Metroplex, the Fort Worth-Dallas area. The name
of the agent or agents shall be set forth on all of such bonds and
certificates of insurance .
C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall
pay for all materials, labor, and services when due.
C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of
wages to all persons engaged in work on the project at the site of the project shall be
Fort Worth Water Departmen t C-15 General Conditions
furnished to the Owner's representative within seven (7) days after the close of each
payroll period. A copy or copies of the applicable min imum wage rates as set forth in the
Contract Documents shall be kept posed in a conspicuous place at the site of the project
at all times during the course of the Contract. Copies of the wage rates will be furnished
the Contractor, by the Owner; however, posting and protection of the wage rates shall be
the responsibility of the Contractor.
C3-3 .14 CONTRACTOR'S CONTRACT ADMINISTRATION : Any Contractor,
whether a person, persons, partnership, company, firm, association, corporation , or other
who is approved to do business with and enters into a contract with the City for
construction of water and/or sanitary sewer facilities , will hav e or shall establish a fully
operational business office within the Fort Worth -Dallas metropolitan area. The
Contractor shall charge , delegate, or assign this office (or he may delegate his Project
Superintendent) with full authority to transact all business actions required in the
performance of the Contract. This local authority shall be made responsible to act for the
Contractor in all matters pertaining to the work governed by the Contract whether it be
administrative or otherwise, and as such shall be empowered, thus delegated and directed,
to settle all material, labor, or other expenditures, all claims against the work or any other
matter associated with such as maintaining adequate and appropriate insurance or
security coverage for the project. Such local authority for administration of the work
under the Contract shall be maintained until all business transactions executed as part of
the Contract are complete .
Should the Contractor's principal base of operations be other than in the Fort Worth-
Dallas metropolitan area , notification of the Contractor's assignment of local authority
shall be made in writing to the Engineer in advance of any work on the project, all
appropriately signed and sealed, as applicable, by the Contractor's responsible officers
with the understanding that this written assignment of authority to a local representative
shall become part of the project Contract as though bound directly into the project
documents. The intent of these requirements is that all matters associated with the
Contractor's administration, whether it be oriented in furthering the work , or other, be
governed directly by local authority . This same requirement is imposed on insurance
surety coverage. Should the Contractor's local representative fail to perform to the
satisfaction of the Engineer, the Engineer, at his sole discretion , may demand that such
local representative be replaced and the Engineer may, at his discretion, stop all work
until a new local authority satisfactory to the Engineer, is assigned. No credit of working
time sill be for periods in which work stoppages are in effect for this reason .
C3 -3 .15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant
County, Texas.
Fort Worth Wate r Department C-16 Ge neral Conditi ons
SECTION C4-4 SCOPE OF WORK
C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these
Contract Documents to provide for a complete, useful project which the Contractor
undertakes to construct or furnish, all in full compliance with the requirements and intent
of the Contract Documents. It is definitely understood that the Contractor shall do all
work as provided in the Contract Documents, shall do all extra or special work as may be
considered by the Owner as necessary to complete the project in a satisfactory and
acceptable manner. The Contractor shall, unless otherwise specifically stated in these
Contract Documents, furnish all labor, tools, materials, machinery , equipment, special
services, and incidentals necessary to the prosecution and completion of the project.
C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not
thoroughly and satisfactorily stipulated or covered by the General or Special Conditions
of these Contract Documents be anticipated, or should there be any additional proposed
work which is not covered by these Contract Documents, the "Special Provisions"
covering all such work will be prepared by the Owner previous to the time of receiving
bids or proposals for such work and furnished to the Bidder in the form of Addenda. All
such "Special Provisions" shall be considered to be a part of the Contract Documents just
as though they were originally written therein.
C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right
to alter the quantities of the work to be performed or to extend or shorten the
improvements at any time when as found to be necessary, and the Contractor shall
perform the work as altered, increased or decreased at the unit prices. Such increased or
decreased quantity shall not be more than 25 percent of the contemplated quantity of such
item or items. When such changes increase or decrease the original quantity of any item
or items or work to be done or materials to be furnished by the 25 percent or more, then
either party to the contract shall upon written request to the other part be entitled to a
revised consideration upon that portion of the work above or below the 25 percent of the
original quantity stated in the proposal; such revised consideration to be determined by
special agreement or as hereinafter provided for "Extra Work". No allowance will be
made for any changes in anticipated profits nor shall such changes be considered as
waiving or invalidating any conditions or provisions of the Contract Documents.
Variations in quantities of sanitary sewer pipes in depth categories , shall be interpreted
herein as applying to the overall quantities of sanitary sewer pipe in each pipe size, but
not to the various depth categories.
C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner
reserves the right to make such changes in the Contract Documents and in the character
or quantities of the work as may be necessary or desirable t insure completion in the most
satisfactory manner, provided such changes do not materially alter the original Contract
Documents or change the general nature of the project as a whole. Such changes shall
not be considered as waiving or invalidating any condition or provision of the Contract
Documents.
Fort Worth Water Department C-17 General Conditions
C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of
the Contract Documents or of quantities or for other reasons for which no prices are
provided in the Contract Documents, shall be defined as "Extra Work" and shall be
performed by the Contractor in accordance with these Contract Documents or approved
additions thereto; provided however, that before any extra work is begun a "Change
Order" shall be executed or written order issued by the Owner to do the work for
payments or credits as shall be determined by one or more combination of the following
methods:
A. Unit bid price previously approved
B. An agreed lump sum
C. The actual reasonable cost of (I) labor, (2) rental of equipment used on the
extra work for the time so used at Associated General Contractors of
America current equipment rental rates; (3) materials entering
permanently into the project, and (4) actual cost of insurance, bonds, and
social security as determined by the Owner, plus a fixed fee to be agreed
upon but not to exceed 10% of the actual cost of such extra work. The
fixed fee is not to include any additional profit to the Contractor for rental
of equipment owned by him and used for the extra work. The fee shall be
full and complete compensation, to cover the cost of superintendence,
overhead, other profit, general and all other expense not included in (1),
(2), (3), and (4) above. The Contractor shall keep accurate cost records on
the form and in the method suggested by the Owner and shall give the
Owner access to all accounts, bills, vouchers, and records relating to
"Extra Work".
No "Change Order" shall become effective until it has been approved and signed by each
of the contracting parties.
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Owner. In case any orders or instructions, either oral or written, appear to the Contractor
to involve "Extra Work" for which he should receive compensation, he shall make
written request to the Engineer for written orders authorizing such "Extra Work", prior to
beginning such work.
Should a difference arise as to what does or does not constitute Extra Work, or as to the
payment thereof, and the Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written orders and shall keep an
accurate account of the actual and reasonable cost thereof as provided under method
(Item C). Claims for "Extra Work" will not be paid unless the Contractor shall file his
claim with the Owner within five (5) before the time for making the first estimate after
such work is done and unless the claim is supported by satisfactory vouchers and certified
payrolls covering all labor and materials expended upon said Extra Work.
Fort Worth Water Department C-18 General Conditions
The Contractor shall furnish the Owner such installation records of all deviations from
the original Contract Documents as may be necessary to enable the Owner to prepare for
permanent record a corrected set of plans showing the actual installation.
The compensation agreed upon for "Extra Work" whether or not initiated by a "Change
Order" shall be a full, complete and final payment for all costs Contractor incurs as a
result or relating to the change or extra work, whether said costs are known, unknown,
foreseen or unforeseen at that time, including without limitation, any costs for delay,
extended overhead, ripple or impact cost, or any other effect on changed or unchanged
work as a result of the change or extra work.
C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this
Contract, the Contractor shall submit to the Owner and receive the Owner's approval
thereof, a "Schedule of Operations" showing by a straight line method the date of
commencing and finishing each of the major elements of the Contract. There shall be
also shown the estimated monthly cost of work for which estimates are to be expected.
There shall be presented also a composite graph showing the anticipated progress of
construction within the time being plotted horizontally and the percentage of completion
plotted vertically. The progress charts shall be prepared on 8 W' x 11" sheets and at least
five black or blue prints shall be furnished to the Owner.
C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITES:
Within ten (10) days prior to submission of first monthly progress payment, the
Contractor shall prepare and submit to the Owner for approval six copies of the schedule
in which the Contractor proposes to carry on the work, the date of which he will start the
several major activities (including procurement of materials, plans, and equipment) and
the contemplated dates for completing the same. The schedule shall be in the form of a
time schedule Critical Path Method (CPM) network diagram. As the work progresses,
the Contractor shall enter on the diagram the actual progress at the end of each partial
payment period or at such intervals as directed by the Engineer. The Contractor shall
also revise the schedule to reflect any adjustments in the contract time approved by the
Engineer. Three copies of the updated schedule shall be delivered at such intervals as
directed by the Owner.
As a minimum, the construction schedule shall incorporate all work elements and
activities indicated in the proposal and in the technical specifications.
Prior to the final drafting of the detailed construction schedule, the Contractor shall
review the draft schedule with the Engineer to ensure the Contractor's understanding of
the contract requirements.
The following guidelines shall be adhered to in preparing the construction schedule :
Fort Worth Water Department C-19 General Conditions
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A. Milestone dates and final project completion dates shall be developed to
conform to time constraints, sequencing requirements , and completion
time.
B . The construction process shall be divided into activities with time
durations of approximately fourteen (14) days and construction values not
to exceed $50,000. Fabrication, delivery and submittal activities are
exceptions to this guideline.
C . Durations shall be in calendar days and normal holidays and weather
conditions over the duration of the Contract shall not be accounted for
within the duration of each activity.
D. One critical path shall be shown on the construction schedule.
E. Float time is defined as the amount of time between the earliest start date
and the latest start date of a chain of activities of the CPM construction
schedule . Float time is not for the exclusive use or benefit of either the
Contractor or the Owner.
F . Thirty days shall be used for submittal review unless otherwise specified.
The construction schedule shall as a minimum be divided into general categories as
indicated in the Proposal and Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve activities of approximately
fourteen (14) days duration.
For each general category, the construction schedule shall be identify all trades or
subcontracts whose work is represented by activities that follow the guidelines of this
section .·
For each of the trades or subcontracts, the construction schedule shall indicate the
following procurements, construction and pre-acceptance activities and events in their
logical sequence for equipment and materials.
1. Preparation and transmittal of submittals
2 . Submittal review periods
3. Shop fabrication and delivery
4. Erection or installation
5. Transmittal of manufacturer's operation and maintenance manuals
6. Installed equipment and materials testing
7. Owner's operation instruction (if applicable)
8. Operational testing
9. Final inspection
Fort Worth Water Department C-20 General Conditions
If, in the opinion of the Owner, work accomplished falls behind that scheduled, the
Contractor shall take such action as necessary to improve his progress. In addition, the
Owner may require the Contractor to submit a revised schedule demonstrating his
program and proposed plan to make up lag in schedule progress and to insure completion
of the work within the contract time. If the Owner finds the proposed plan not
acceptable, he may require the Contractor to increase the work force, the construction
plant and equipment, the number of work shifts or the overtime operations without
additional cost to the Owner.
Failure of the Contractor to comply with these requirements shall be considered grounds
for determination by the Owner that the Contractor is failing to prosecute the work with
such diligence as will insure its completion within the time specified.
Fort Worth Water Department C-21 General Conditions
SECTION C5 -5 CONTROL OF WORK AND MATERIAL S
C5-5 .l AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction
of the Engineer and in strict compliance with the Contract Documents . He shall decide
all questions which arise as to the quality and acceptability of materials furnished, work
performed, rate of progress of the work, overall sequence of construction, interpretation
of the Contract Documents , acceptable fulfillment of the contract , compensation , mutual
rights between the Contractor and Owner under the Contract Documents , supervision of
the work, resumption of operations, and all other questions or disputes which may arise .
Engineer will not be responsible for Contractor's means , methods , tec hniques , sequences
or procedures of construction, or the safety precaution and programs incident thereto , and
he will not be responsible for Contractor's failure to perform the work in accordance with
the Contract Documents.
He shall determine the amount and quality of the work completed and materials
furnished , and his decisions and estimates shall be final. His estimates in such event shall
be a condition of the right of the Contractor to receive money due him under the
Contract. The Owner shall have executive authority to enforce and make effective such
necessary decisions and orders as the Contractor fails to carry out promptly.
In the event of any dispute between the Engineer and Contractor over the decision of the
Engineer on any such matters , the Engineer must, within a reasonable time, upon written
request of the Contractor, render and deliver to both the Owner and Contractor, a written
decision on the matter in controversy .
C5-5 .2 CONFORMITY WITH PLANS: The finished project in all cases shall conform
with the lines, grades, cross-sections, finish, and dimensions shown on the plans or any
other requirements otherwise described in the Contract Documents . Any deviation from
the approved Contract Documents required by the Engineer during construction will in all
cases be determined by the Engineer and authorized by the Owner by Change Order.
C5-5.3 COORDINATION OF CONTRACT DOCUMENTS : The Contract Documents
are made up of several sections, which, taken together, are intended to describe and
provide for a complete and useful project, and any requirements appearing in one of the
sections is as binding as though it occurred in all sections . In case of discrepancies,
figured dimensions shall govern over scaled dimensions, plans shall govern over
specifications, special conditions shall govern over general conditions , and standard
specifications, and quantities shown on the plans shall govern over those shown in the
proposal. The Contractor shall not take advantage of any apparent error or omission in
the Contract Documents, and the Owner shall be permitted to make such corrections or
interpretations as may be deemed necessary for the fulfillment of the intent of the
Contract Documents. In the event that the Contractor discovers an apparent error or
discrepancy, he shall immediately call this condition to the attention of the Engineer. In
the event of a conflict in the drawings, specifications , or other portions of the Contract
Documents which were not reported prior to the award of Contract , the Contractor shall
be deemed to have quoted the most expensive resolution of the confli ct.
Fort Worth Water De partment C-22 Ge neral C onditi ons
C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with
three sets of the Contract Documents and shall have available on the site of the project at
all times one set of such Contract Documents.
The Contractor shall give to the work the constant attention necessary to facilitate the
progress thereof and shall cooperate with the Engineer, his inspector, and other
Contractors in every way possible.
The Contractor shall at all times have competent personnel available to the project site for
proper performance of the work. The Contractor shall provide and maintain at all times
at the site of the project a competent, English -speaking superintendent and an assistant
who are fully authorized to act as the Contractor's agent on the work. Such
superintendent and his assistant shall be capable of reading and understanding the
Contract Documents and shall receive and fulfill instructions from the Owner, the
Engineer, or his authorized representatives. Pursuant to this responsibility of the
Contractor, the Contractor shall designate in writing to the project superintendent, to act
as the Contractor's agent on the work. Such assistant project superintendent shall be a
resident of Tarrant County, Texas and shall be a subject to call, as is the project
superintendent, at any time of the day or night on any day of the week on which the
Engineer determines that circumstances require the presence on the project site of a
representative of the Contractor to adequately provide for the safety or convenience of
the traveling public or the owners of property across which the project extends or the
safety of property contiguous to the project routing.
The Contractor shall provide all facilities to enable the Engineer and his inspector to
examine and inspect the workmanship and materials entering into the work.
C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of
the Owner or Engineer, a condition of emergency exists related to any part of the work,
the Contractor, or the Contractor through his designated representative, shall respond
with dispatch to a verbal request made by the Owner or Engineer to alleviate the
emergency condition. Such a response shall occur day or night, whether the project is
scheduled on a calendar day or on a working day basis.
Should the Contractor fail to respond to a request from the Engineer to rectify any
discrepancies, omissions, or corrections necessary to conform with the requirements of
the project specifications or plans, the Engineer shall give the Contractor written notice
that such work or changes are to be performed. The written notice shall direct attention
to the discrepant condition and request the Contractor to take remedial action to correct
the condition. In the event the Contractor does not take positive steps to fulfill this
written request, or does not show just cause for not taking the proper action, within 24
hours, the City may take such remedial action with City forces or by contract. The City
shall then deduct an amount equal to the entire costs for such remedial action, plus 25%,
from any funds due the Contractor on the project.
Fort Worth Water Department C-23 General Conditions
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C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an
adequate field office for use of the Engineer, if specifically called for. The field office
shall be not less than 10 by 14 feet in floor area, substantially constructed, well heated,
air conditioned, lighed and weather-proof, so that documents will not be damaged by the
elements.
C5-5 .7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the
Contractor will all lines, grades, and measurements necessary to the proper prosecution
and control of the work contracted for under these Contract Documents, and lines grade,
and measurements will be established by means of stakes or other customary method of
marking as may be found consistent with good practice.
These stakes or markings shall be set sufficiently in advance of construction operations to
avoid delay. Such stakes or markings as may be established for the Contractor's use or
guidance shall be preserved by the Contractor until he is authorized by the Engineer to
remove them. Whenever, in the opinion of the Engineer, any stakes or markings have
been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of
his employees, the full cost of replacing such stakes or marks plus 25% will be charged
against the Contractor, and the full amount will be deducted from payment due the
Contractor.
C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City inspectors will be
authorized to inspect all work done and to be done and all materials furnished. Such
inspection may extend to all or any part of the work, and the preparation or
manufacturing of the materials to be used or equipment to be installed. A City Inspector
may be stationed on the work to report to the Engineer as to the progress of the work and
the manner in which it is being performed, to report any evidence that the materials being
furnished or the work being performed by the Contractor fails to fulfill the requirements
of the Contract Documents, and to call the attention of the Contractor to any such failure
or other infringements. Such inspection or lack of inspection will not relieve the
Contractor from any obligation to perform the work in accordance with the requirements
of the Contract Documents. In case of any dispute arising between the Contractor and the
City Inspector as to the material or equipment furnished or the manner of performing the
work, the City Inspector will have authority to reject materials or equipment and to
suspend work until the question at issue can be referred to and be decided by the
Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge,
or release any requirement of these Contract Documents, nor to approve or accept any
portion or section of the work, not to issue any instructions contrary to the requirements
of the Contract Documents. He will in no case act as superintendent or foreman or
perform any other duties for the Contractor, or interfere with the management or
operation of the work. He will not accept from the Contractor any compensation in any
form for performing any duties. The Contractor shall regard and obey the directions and
instructions of the City Inspector or Engineer when the same are consistent with the
obligations of the Contract Documents, provided, however, should the Contractor object
to any orders or instructions of the City Inspector, the Contractor may within six days
make written appeal to the Engineer for his decision on the matter in controversy.
Fort Worth Water Department C-24 General Conditions
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C5-5.9 INSPECTOR: The Contractor shall furnish the Engineer with every reasonable
facility for ascertaining whether or not the work as performed is in accordance with the
requirements of the Contract Documents. If the Engineer so requests, the Contractor
shall, at any time before acceptance of the work, remove or uncover such portion of the
finished work as may be directed. After examination, the Contractor shall restore said
portions of the work to the standard required by the Contract Documents.
Should the work exposed or examined prove acceptable, the uncovering or removing and
replacing of the covering or making good of the parts removed shall be paid for as extra
work, but should the work so exposed or examined prove to be unacceptable, the
uncovering or removing and the replacing of all adjacent, defective, or damaged parts
shall be at the Contractor's expense. No work shall be done or materials used without
suitable supervision or inspection.
C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work,
materials, or equipment which has been rejected shall be remedied or removed and
replaced in an acceptable manner by the Contractor at his own expense. Work done
beyond the lines and grades given or as shown on the plans, except as herein specifically
provided, or any Extra Work done without written authority, will be considered as
unauthorized and done at the expense of the Contractor and will not be paid for by the
Owner. Work so done may be ordered removed at the Contractor's expense . Upon
failure on the part of the Contractor to comply with any order of the Engineer made under
the provisions of this paragraph, the Engineer will have the authority to cause the
defective work to be remedied or removed and replaced and unauthorized work to be
removed, and the cost thereof may be deducted from any money due or to become due to
the Contractor. Failure to require the removal of any defective work or unauthorized
work shall not constitute acceptance of such works.
C5-5.11 SUBSTITUTE MATER IALS OR E QUIPMENT: If the Specifications, law,
ordinance, codes or regulations permit the Contractor to furnish or use a substitute that is
equal to any material or equipment specified, and if the Contractor wishes to furnish or
use a proposed substitute, he shall, prior to the preconstruction conference, make written
application to Engineer for approval of such substitute certifying in writing that the
proposed substitute will perform adequately the functions called for by the general
design, be similar and of the equal substance to that specified and be suited to the same
use and capable of performing the same function as that specified; and identifying all
variations of the proposed substitute from that specified and indicating available
maintenance service. No substitute shall be ordered or installed without the written
approval of the Engineer who will be the judge of the equality and may require the
Contractor to furnish such other data about the proposed substitute as he considers
pertinent. No substitute shall be ordered or installed without such performance guarantee
and bonds as Owner may require which shall be furnished at Contractor's expense.
Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly
or indirectly employed by either of them from and against the claims, damages, losses
Fort Worth Water Department C-25 General Conditions
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and expenses (including attorney 's fees) arising out of the use of substituted materials or
equipment.
C5-5 .12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the
Engineer, or as called for in the Contract Documents, tests of materials or equipment are
necessary, such tests will be made at the expense of and paid for direct to the testing
agency by the Owner unless otherwise specifically provided. The failure of the Owner to
make any tests of materials shall in no way relieve the Contractor of his responsibility of
furnishing materials and equipment fully conforming to the requirements of the Contract
Documents. Tests and sampling of the materials, unless otherwise specified , will be
made in accordance with the latest methods prescribed by the American Society for
Testing Materials or specific requirements of the Owner. The Contractor shall provide
such facilities as the Engineer may require for collecting and forwarding samples and
shall not, without specific written permission of the Engineer, use the materials
represented by the samples until the tests have been made and the materials approved for
use. The Contractor will furnish adequate samples without charge to the Owner.
In case of concrete, the aggregates, design minimum , and the mixing and transporting
equipment shall be approved by the Engineer before any concrete is placed, and the
Contractor shall be responsible for replacing any concrete whi ch does not meet the
requirements of the Contract Documents . Tests shall be made at le ast 9 days prior to the
placing of concrete, using samples from the aggregate, cement, and mortar which are to
be used later in the concrete. Should the source of supply change , new tests shall be
made prior to the use of the new materials.
C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the
construction operation shall be stored so as to insure the preservation of the quality and
fitness of the work. When directed by the Engineer, they shall be placed on wooden
platforms or other hard, clean, durable surfaces and not on the ground, and shall be
placed under cover when directed. Stored materials shall be placed and located so as to
facilitate prompt inspection.
C5-5.14 EXISTING STRUCTURES AND UTILITIES : The loc ation and dimensions
shown on the Plans relative to existing utilities are based on the best information
available. Omission from, or the inclusion of utility location s on the Plans is not to be
considered as the nonexistence of, or a definite location of, ex isting underground utilities .
The location of many gas mains, water mains, conduits , se wer lines , and service lines for
all utilities, etc, is unknown to the Owner, and the Owner assumes no responsibility for
failure to show any or all such structures and utilities on the pl ans or to show them in
their exact location. It is mutually agreed that such failure will not be considered
sufficient basis for claims for additional compensation, for Extra Work, or for increasing
the pay quantities in any manner whatsoever, unless an obstruction encountered is such as
to necessitate changes in the lines and grades of considerable magn itude or requires the
building of special works, provision for which is not made in the Contract Documents , in
which case the provision in these Contract Documents for Extra Work shall apply.
Fort W orth Water De part ment C-26 General Conditions
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It shall be the Contractors responsibility to verify the locations of adjacent and/or
conflicting utilities sufficiently in advance of construction in order that he may negotiate
such local adjustments as necessary in the construction process to provide adequate
clearances. The Contractor shall take all necessary precautions in order to protect all
existing utilities, structures, and service lines. Verification of existing utilities, structures,
and service lines shall include notification of all existing utility companies at least forty-
eight (48) hours in advance of construction including exploratory excavation if necessary .
All verification of existing utilities and their adjustment shall be considered as subsidiary
work.
C5-5.15 INTERRUPTION OF SERVICE:
A . Normal Prosecution: In the normal prosecution of work where the
interruption of service is necessary, the Contractor, at least 24 hours in
advance, shall be required to:
1. Notify the Water Department as to location , time , and schedule of
service interruption.
2. Notify each customer personally through responsible personnel as
to time and schedule of interruption of their service, or
3. In the event that personal notification of a customer cannot be
made, a prepared tag form shall be attached to the customer's
entrance door knob . The tag shall be durable in composition , an in
large bold type shall say:
Fort Worth Water Department
NOTICE
Due to Utility Improvement in
Your neighborhood, your (water)
(sewer) service will be interrupted
on between the
hours of and ___ _
This inconvenience will be as short
As possible.
Thank You ,
Contractor
Address Phone
C-27 General Condi tio ns
B. Emergency: In the event that an unforeseen service interruption occurs,
notice shall be as above, but immediate.
C5-5 .16 MUTUAL RESPONSIBILITY OF CONTRACTORS : If, through acts or
neglect on the part of the Contractor, any other Contractor or any sub-contractor shall
suffer loss or damage on the work, the Contractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-
contractor shall assert any claim against the Owner on account of any damage alleged to
have been sustained, the Owner will notify the Contractor, who shall indemnify and save
harmless the Owner against such claim.
C5-5. l 7 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the
job site during the prosecution of the work under these Contract Documents shall be
accomplished in keeping with a daily routine established to the satisfaction of the
Engineer. Twenty-four (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 Engineer, if the
Contractor fails to correct the unsatisfactory procedure, the City may take such direct
action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the
Contractor in the written notice, and the costs of such direct action, plus 25 % of such
costs, shall be deducted from monies due or to become due to the Contractor .
Upon the completion of the project as a whole as covered by these Contract Documents,
and before final acceptance and final payment will be made , the Contractor shall clean
and remove from the site of the project all surplus or discarded materials, temporary
structures, and debris of every kind. He shall leave the site of all work in a neat and
orderly condition equal to that which originally existed. Surplus and waste materials
removed from the site of the work shall be disposed of at locations satisfactory to the
Engineer. The Contractor shall thoroughly clean all equipment and materials installed by
him and shall deliver over such materials and equipment in a bright, clean , polished, and
new appearing condition. No extra compensation will be made to the contactor for any
clean-up required on the project.
C5-5.18 FINAL ACCEPTANCE: Whenever the work provided for in and contemplated
under the Contract Documents has been satisfactorily completed and final cleanup
performed, the Engineer will notify the proper officials of the Owner and request that the
Final inspection be made. Such inspection will be made within ten (10) days after such
notification. After such final inspection, if the work and materials and equipment are
found satisfactory, the Contractor will be notified in writing of the acceptance of the
same after the proper resolution has been passed by the City Council. No time charge
will be made against the Contractor between said date of notification of the Engineer and
the date of final inspection of the work.
Fo rt W orth Water Departmen t C-28 General Conditions
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SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6 .l LAWS TO BE OBSERVED: The Contractor shall at all times observe and
comply with all Federal and State Laws and City ordinances and regulations which in any
way affect the conduct of the work or his operations, and shall observe and comply with
all orders, laws, ordinances, and regulations which exist or which may be enacted later by
bodies having jurisdiction or authority for such enactment. No plea of misunderstanding
or ignorance thereof will be considered. The Contractor and his sureties shall indemnify
and save harmless the City and all of its officers, agents , and employees against any and
all claims or liability arising from or based on the violation of any such law , ordinance,
regulation, or order, whether it be by himself or his employees .
C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and
licenses, pay all charges, costs and fees, and give all notices necessary and incident to the
due and lawful prosecution of the work.
C6-6.3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is
required or desires to use any design, device, material, or process covered by letter,
patent, or copyright, he shall provide for such use by suitable legal agreement with the
patentee or owner of such patent, letter, or copyrighted design . It is mutually agreed and
understood that without exception the contract prices shall include all royalties or cost
arising from the patents, trade-marks, and copyrights in any way involved in the work.
The Contractor and his sureties shall indemnify and save harmless the Owner from any
and all claims for infringement by reason of the use of any such patented design, device,
material, or process, or any trade-mark or copyright in connection with the work agreed
to be performed under these Contract Documents , and shall indemnify the Owner for any
cost, expense, or damage which it may be obliged to pay for reason of such infringement
at any time during the prosecution of the work, provided, however, that the Owner will
assume the responsibility to defend any and all suits brought for infringement of any
patent claimed to be infringed upon by the design, type of construction or material or
equipment specified in the Contract Documents furnished the Contractor by the Owner,
and to hold the Contractor harmless on account of such suits.
C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among
his employees such regulations in regard to the cleanliness and disposal of garbage and
waste as will tend to prevent the inception and spread of infectious or contagious diseases
and to effectively prevent the creation or a nuisance about the work on any property
either public or private, and such regulations as are required by Law shall be put into
immediate force and effect by the Contractor. The necessary sanitary conveniences for
use of laborers on the work, properly secluded from public observation, shall be
constructed and maintained by the Contractor and their use shall be strictly enforced by
the Contractor. All such facilities shall be kept free from objectionable odors so as not to
cause a nuisance . All sanitary laws and regulations of the State of Texas and the City
shall be strictly complied with.
Fort Worth Water Department C-29 General Conditions
C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about
the work shall be so placed and used, and the work shall at all times be son conducted, as
to cause no greater obstruction or inconvenience to the public than is considered to be
absolutely necessary by the Engineer. The Contractor is required to maintain at all times
all phases of his work in such a manner as not to impair the safety or convenience of the
public, including, but not limited to, safe and convenient ingress and egress to properly
contiguous to the work area. The Contractor shall make adequate provisions to render
reasonable ingress and egress for normal vehicular traffic, except during actual trenching
or pipe installation operation, at all driveway crossings. Such provisions may include
bridging, placement of crushed stone or gravel, or such other means of providing proper
ingress and egress for the property served by the driveway as the Engineer may approve
as appropriate. Such other means may include the diversion of driveway traffic, with
specific approval by the Engineer. If diversion of traffic is approved by the Engineer at
any location, the Contractor shall make arrangements satisfactory to the Engineer for the
diversion of traffic, and shall, at his own expense, provide all materials and perform all
work necessary for the construction and maintenance of roadways and bridges for such
diversion of traffic. Sidewalks must not be obstructed except by special permission of
the Engineer.
The materials excavated and the construction materials such as pipe used in the
construction of the work, shall be placed so as not to endanger the work or prevent free
access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or
manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part
of the Contractor as regards to public convenience and safety which may come to the
attention, after twenty-four (24) hours notice in writing to the Contractor, save in cases of
emergency when it shall have the right to remedy any neglect without notice, and in
either case, the cost of such work done or materials furnished by the Owner, or by the
City, shall be deducted from the monies due or to become due to the Contractor.
The Contractor, after approval of the Engineer, shall notify the Fire Department
Headquarters, Traffic Engineer, and Police Department, when a street or alley is
requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and,
when so directed by the Engineer, shall keep any street, streets, or highways in condition
for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire
Department Headquarters when all such obstructed streets, alleys, or hydrants are again
placed back into service.
Where the Contractor is required to construct temporary bridges, or make other
arrangements for crossing over ditches or streams, his responsibility for accidents in
connection with such crossings shall include the roadway approaches as well as the
structures or such crossings.
The Contractor shall at all times conduct his operation and the use of construction
machinery so as not to damage or destroy trees and shrubs located in close proximity to
or on the site of the work. Whenever any such damage may be done, the Contractor shall
immediately satisfy all claims of the property owners, and no payment will be made by
Fort Worth Water Department C-30 General Conditions
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the Owner in settlement of the claims. The Contractor shall file with the Engineer a
written statement showing all such claims adjusted.
C6-6.6 PRIVELEGES OF CONTRACTOR IN STREETS, ALLEYS. AND RIGHT OF
WAY: For performance of the contract, the Contractor shall be permitted to use and
occupy such portions of the public streets and alleys, or other public places or other right-
of-ways as provided for in the ordinances of the City, as shown in the Contract
Documents, or as may be specifically authorized in writing by the Engineer. A
reasonable amount of tools, materials, and equipment for construction purposes may be
stored in such space, but no more than is necessary to avoid delay in the construction
operations. Excavated and waste materials shall be piled or stacked in such a way as not
to interfere with the use of spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property. If the street is occupied
by railway tracks, the work shall be carried on in such manner as not to interfere with the
operation of trains, loading or unloading of cars, etc. Other contractors of the Owner
may, for all purposes required by the contract, enter upon the work and premises used by
the Contractor, and shall be provided all reasonable facilities and assistance for the
completion of adjoining work. Any additional grounds desired by the Contractor for his
use shall be provided by him at his own cost and expense.
C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of
any railway, the City shall secure the necessary easement for the work. Where the railway
tracks are to be crossed, the Contractor shall observe all the regulations and instructions
of the railway company as to the method of performing the work and take all precautions
for safety of property and the public. Negotiations with the railway companies for
permits shall be done by and through the City. The Contractor shall give the City notice
not less than five (5) days prior to the time of his intentions to begin the work on that
portion of the project which is related to the railway properties. The Contractor will not
be given extra or additional compensation for such railway crossings unless specifically
set forth in the Contract Documents.
C6-6.8 BARRICADES. WARNINGS. AND WATCHMEN: Where the work is carried
on in or adjacent to any street, alley, or public place, the Contractor shall at his own
expense furnish, erect, and maintain such barricades, fences, lights and danger signals,
shall provide such watchmen, and shall take all such other precautionary measures for the
protection of persons or property and of the work as are necessary. Barricades and fences
shall be painted in a color that will be visible at night. From sunset to sunrise the
Contractor shall furnish and maintain at least one easily visible burning light at each
barricade. A sufficient number of barricades shall be erected and maintained to keep
pedestrians away from, and vehicles from being driven on or into, any work under
construction or being maintained. The Contractor shall furnish watchmen and keep them
at their respective assignments in sufficient numbers to protect the work and prevent
accident or damage.
All installations and procedures shall be consistent with the provisions set forth in the
"1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways",
Fort Worth Water Department C-31 General Condition s
issued under the authority of the "State of Texas Uniform Act Regulating Traffic on
Highways", codified as Article 6701d Veron's Civil Statutes , pertinent sections being
Nos. 27 , 29, 30, and 31.
The Contractor will not remove any regulatory sign, instructional sign , street name sign ,
or other sign which has been erected by the City . If it is determined that a sign must be
removed to permit required construction, the Contractor sh all contact the Transportation
and Public Works Department, Signs and Markings Division , to remo ve the sign. In the
case of regulatory signs, the Contractor must replace the permanen t sign with a temporary
sign meeting the requirements of the above referenced manual and such temporary sign
must be installed prior to the removal of the permanent sign . It the temporary sign is not
installed correctly or if it does not meet the required specifications , the permanent sign
shall be left in place until the temporary sign requirements are met. When construction
work is completed to the extent that the permanent sign can be re-installed, the
Contractor shall again contact the Signs and Markings Di vis i on to re-install the
permanent sign and shall leave his temporary sign in place until such re-installation is
completed.
The Contractor will be held responsible for all damage to the work or the public due to
failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever
evidence is found of such damage to the work the Engineer may order the damaged
portion immediately removed and replaced by the Contractor at the Contractor's own
expense. The Contractor's responsibility for the maintenance of barricades , signs , fences,
and lights, and for providing watchmen shall not cease until the project shall have been
completed and accepted by the Owner.
No compensation, except as specifically provided in these Contract Documents , will be
paid to the Contractor for the work and materials involved in the constructing, providing ,
and maintaining of barricades, signs, fences, and lights or for salaries of watchmen , for
the subsequent removal and disposal of such barricades , signs, or for any other
incidentals necessary for the proper protection, safety , and convenience of the public
during the contract period, as this work is considered to be subsidiary to the several items
for which unit or lump sum prices are requested in the Proposal.
C6-6 .9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to
use explosives, drop weight, etc ., in the prosecution of the work , the utmost care shall be
exercised at all times so as not to endanger life or property . The Contractor shall notify
the proper representative of any public service corporation , any company , individual, or
utility, and the Owner, not less than twenty-four (24) hours i n advance of the use of any
activity which might damage or endanger their or his property along or adjacent to the
work.
Where the use of explosives is to be permitted on the project , as s pecified in the Special
Construction Documents, or the use of explosives is reques ted, the Contractor shall
submit notice to the Engineer in writing twenty-four (24) hou rs prior to commencing and
For t Worth W ater Dep art ment C-32 General Condi tions
shall furnish evidence that he has insurance coverage to protect against any damages
and/or injuries arising out of such use of explosives .
All claims arising out of the use of explosives shall be investigated and a written report
made by the Contractor's insurers to the Engineer within ten (10) days after receipt of
written notice of the claim to the Contractor from either the City or the claimant. The
City shall proceed to give notice to the Contractor of any such cl aim. The use of
explosives may be suspended by the Engineer if any complaint is received and such use
shall not be resumed until the cause of the complaint has been addre ssed .
Whenever explosives are stored, or kept, they shall be stored in a safe and secure manner
and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall
be under the care of a competent watchmen at all times . All vehicles in which explosives
are being transported shall be plainly marked as mentioned above and shall, insofar as
possible, not use heavy traffic routes .
C6-6 .10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into
private property, the Owner will provide such right-of-way easement privileges as the
City may deem necessary for the prosecution of the work. Any additional rights -of-way
or work area considered necessary by the Contractor shall be provided by him at his own
expense. Such additional rights-of-way or work are shall be acquired for the benefit of
the City. The City shall be notified in writing as to the rights so acquired before work
begins in the affected area. The Contractor shall not enter upon private property for any
purpose without having previously obtained permission from the owner of such property.
The Contractor will not be allowed to store equipment or material on private property
unless and until the specified approval of the property owner has been secured in writing
by the Contractor and a copy furnished to the Engineer. Unless specifically provided
otherwise, the Contractor shall clear all rights -of-way or easements of obstru ctions which
must be removed to make possible proper prosecution of the work as a part of the project
construction operations . The Contractor shall be responsible for the preservation of and
shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences,
culverts, curbing, and all other types of structures or improvements , to all water, sewer,
and gas lines, and to all conduits, overhead pole lines , or appurtenanc es thereof, including
the construction of temporary fences , and to all other public or private property along or
adjacent to the work.
The Contractor shall notify the proper representatives of owners or occupants of public or
private lands or interest in lands which might be affected by the work. Such notice shall
be made at least forty-eight (48) hours in advance of the beginning of the work. Notices
shall be applicable to both public and private utility companies or any corporation,
company, individual, or other, either as owners or occupants , whose land or interest in
land might be affected by the work. The Contractor shall be respons ible for all damage
or injury to property of any character resulting from any act , omission , neglect , or
misconduct in the manner or method or execution of the work , or at any time due to
defective work, material, or equipment.
Fo rt Worth Water Department C -3 3 General Co ndi tio n s
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When and where any direct or indirect injury is don to public or priv ate property on
account of any act, omission, neglect, or misconduct of the execution of the work, or in
consequence of the non-execution thereof on the part of the Contractor, he shall restore or
have restored at his own cost and expense such property to a condition at least equal to
that existing before such damage or injury was done , by repairing, rebuilding, or
otherwise replacing and restoring as may be directed by the Owner, or he shall make
good such damages or injury in a manner acceptable to the owner of the property and the
Engineer.
All fences encountered and removed during construction of this project shall be restored
to the original condition or a better than original condition upon completion of this
project. When wire fencing, either wire mesh or barbed wire is to be crossed, the
Contractor shall set cross braced posts on either side of permanent easement before the
fence is cut. Should additional fence cuts be necessary , the Contractor shall provide cross
braced posts provided at the permanent easement limits , before the fence is cut.
Temporary fencing shall be erected in place of fencing remo ved whenever the work is not
in progress and when the site is vacated overnight, and/or at all times to prevent livestock
from entering the construction area. The cost for fence removal , temporary closures , and
replacement shall be subsidiary to the various items bid in the project proposal.
Therefore, no separate payment shall be allowed for any serv ice associated with this
work.
In case of failure on the part of the Contractor to restore such property to make good such
damage or injury, the Owner may, upon forty-eight (48) hours written notice under
ordinary circumstances, and without notice when a nuisance or hazardous condition
results , proceed to repair, rebuild, or otherwise restore such property as may be
determined by the Owner to be necessary, and the cost thereby will be deducted from any
monies due or to become due to the Contractor under this Contract.
C6-6 . l 1 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties
hereto that the Contractor shall perform all work and services he reunder as an
independent contractor, and not as an officer, agent, servant or employee of the Owner.
Contractor shall have exclusive control of and the exclusive right to control the details of
all the work and services performed hereunder, and all persons performing same , and
shall be solely responsible for the acts and omissions of its offi cers , agents , servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between the Owner and Contractor, its officers,
agents, employees, contractors and subcontractors, and not hing herein shall be construed
as creating a partnership or joint enterprise between the Owner and Contractor.
C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor
covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own
expense , Owner, its officers, agents, servants and employees , fr om and against any and
all claims or suits for property loss or damage and/or personal injury , including death, to
any and all persons , of whatever kind or character, wheth er re al or asserted , arising out of
Fort Worth W ater De partme nt C-34 General Condition s
or in connection with, directly or indirectly, the work and services to be performed
hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART BY THE
ALLEGED NEGLIGENCE OF ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LISCENSEES, AND
INVITEES OF THE CITY; and said Contractor does hereby covenant and agree to
assume all liability and responsibility of City, its officers, agents, servants and employees
for any and all claims or suits for property loss or damage and/or personal injury,
including death, to any and all persons, of whatsoever kind of character, whether real or
asserted, arising out of or in connection with, directly or indirectly, the work and services
to be performed hereunder by Contractor, its officers, agents, employees, subcontractors,
licensees and invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY
THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND
INVITEES OF THE CITY. Contractor likewise covenants and agrees to, and does
hereby indemnify and hold harmless the City from and against any and all injuries,
damage, loss or destruction to property of the City during the performance of any of the
terms and conditions of the Contract, WHETHER ARISING OUT OF OR IN
CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY
AND ALL ALLEGED ACTS OR OMISSIONS OF THE OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES
OR INVITEES OF THE OWNER.
In the event a written claim for damages against the contractor or subcontractors remains
unsettled at the time all work on the project has been completed to the satisfaction of the
Director of the Water Department, as evidenced by a final inspection, final payment to
the Contractor shall not be recommended to the Director of the Water Department for a
period of thirty (30) days after the date of such final inspection, unless the Contractor
shall submit written evidence satisfactory to the Director that the claim has been settled
and a release has been obtained from the claimant involved .
If the claims concerned remains unsettled as of the expiration of the above 30-day period,
the Contractor may be deemed to be entitled to a semi-final payment for work completed,
such semi-final payment to be in the amount equal to the dollar amount then due less the
dollar value of any written claims pending against the Contractor arising out of
performance of such work, and such semi-final payment may be recommended by the
Director.
The Director shall not recommend final payment to a Contractor against whom such a
claim for damages is outstanding for a period of six months following the date of the
acceptance of the work performed unless the Contractor submits evidence in writing
satisfactory to the Director that:
A. The claim has been settled and a release has been obtained from the
claimant involved, or
Fort Worth Water Department C-35 General Conditions
B. Good faith efforts have been made to settle such outstanding claims, and
such good faith efforts have failed.
If condition (A) above is met at any time within the six month period, the Director shall
recommend that the final payment to the Contractor be made. If condition (B) above is
met at any time within the six month period, the Director may recommend that final
payment to the Contractor be made. At the expiration of the six month period, the
Director may recommend that final payment be made if all other work has been
performed and all other obligations to the Contractor have been met to the satisfaction of
the Director.
The Director may, if he deems it appropriate, refuse to accept bids on other Water
Department Contract work from a Contractor against whom a claim for damages is
outstanding as a result of work performed under a City Contract.
C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim
compensation for any alleged damage by reason of the acts or omissions of the Owner, he
shall within three days after the actual sustaining of such alleged damage, make a written
statement to the Engineer, setting out in detail the month succeeding that in which any
such damage is claimed to have been sustained, the Contractor shall file with the
Engineer an itemized statement of the details and amount of such alleged damage and,
upon request, shall give the Engineer access to all books of account, receipts, vouchers,
bills of lading, and other books or papers containing any evidence as to the amount of
such alleged damage. Unless such statements shall be filed as hereinabove required, the
Contractor's claim for compensation shall be waived, and he shall not be entitled to
payment on account of such damages.
C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES: In case it is
necessary to change, move, or alter in any manner the property of a public utility or
others, the said property shall not be moved or interfered with until orders thereupon have
been issued by the Engineer. The right is reserved to the owners of public utilities to
enter the geographical limits of the Contract for the purpose of making such changes or
repairs to their property that may be necessary by the performance of this contract.
C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer
lines have to be taken up or removed, the Contractor shall, at his own expense and cost,
provide and maintain temporary outlets and connections for all private or public drains
and sewers. The Contractor shall also take care of all sewage and drainage which will be
received from these drains and sewers, and for this purpose he shall provide and
maintain, at his own cost and expense, adequate pumping facilities and temporary outlets
or diversions.
The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other
structures necessary, and be prepared at all times to dispose of drainage and sewage
received from these temporary connections until such times as the permanent connections
are built and are in service. The existing sewers and connections shall be kept in service
Fort Worth Water Department C-36 General Conditions
and maintained under the Contract, except when specified or ordered to be abandoned by
the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory
manner so that no nuisance is created and so that the work under construction will be
adequately protected.
C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE
CITY: When the Contractor desires to use City water in connection with any
construction work, he shall make complete and satisfactory arrangements with the Fort
Worth City Water Department for so doing.
City water furnished to the Contractor shall be delivered to the Contractor from a
connection on an existing City main. All piping required beyond the point of delivery
shall be installed by the Contractor at his own expense.
The Contractor's responsibility in the use of all existing fire hydrants and/or valves is
detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General
Contract Documents.
When meters are used to measure the water, the charges, if any, for water will be at the
regularly established rates. When meters are not used, the charges, if any, will be as
prescribed by the City Ordinance, or where no ordinance applies, payment shall be made
on estimates and rates established by the Director of the Fort Worth Water Department.
C6-6.l 7 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the
opinion of the Engineer, any section or portion of the work or any structure is in suitable
condition, it may be put into use upon the written order of the Engineer, and such usage
shall not be held to be in any way an acceptance of said work or structure or any part
thereof or as a waiver or any of the provisions or these Contract Documents. All
necessary repairs and removals of any section of the work so put into use, due to
defective materials or workmanship, equipment, or to deficient operations on the part of
the Contractor, shall be performed by the Contractor at his own expense.
C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written
acceptance by the Owner as provided for in these Contract Documents, the work shall be
under the charge and care of the Contractor, and he shall take every necessary precaution
to prevent injury or damage to the work or any part thereof by action of the elements or
from any cause whatsoever, whether arising from the execution or non-execution of the
work. The Contractor shall rebuild, repair, restore, and make good at his own expense all
injuries or damages to any portion of the work occasioned by any of the hereinabove
causes.
C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order
by the Owner by payment of money or any payment for or acceptance of any work, or
any extension of time, or any possession taken by the City shall not operate as a waiver of
any provision of the Contract Documents. Any waiver of any breach or Contract shall
not be held to be a waiver of any other or subsequent breach.
Fort Worth Water Department C-37 General Conditions
The Owner reserves the right to correct any error that may be discovered in any estimate
that may have been paid and to adjust the same to meet the requirements of the Contract
Documents.
C6-6 .20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the
provisions of these Contract Documents or in exercising any power or authority granted
thereunder, there shall be no liability upon the authorized representatives of the Owner,
either personally or otherwise as they are agents and representatives of the City.
C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth , an
organization which qualifies for exemption pursuant the provisions of Article 20 .04 (H)
of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent
or lease all materials, supplies and equipment used or consumed in the performance of
this contract by issuing to his supplier an exemption certificate in lieu of the tax , said
exemption certificate to comply with the State Comptroller's Ruling .007. Any such
exemption certificate issued by the Contractor in lieu of the tax shall be subject to and
shall comply with the provisions of State Comptroller's Ruling .011, and any other
applicable State Comptroller rulings pertaining to the Texas Limited Sales , Excise, and
Use Tax Act.
On a contract awarded by a developer for the construction of a publicly-owned
improvement in a street right of way or other easement which has been dedicated to the
public and the City of Fort Worth, an organization which qualifies for exemption
pursuant to the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and
Use Tax Act, the Contractor can probably be exempted in the same manner stated above.
Limited Sale, Excise , and Use Tax permits and information can be obtained from:
Comptroller of Public Accounts
Sale Tax Division
Austin, Texas
Fort Worth Water De partmen t C-38 General Condition s
SECTION C7-7 PROSECUTION AND PROGRESS
C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and
with assistance of workman under his immediate superintendence, work of a value of not
less than fifty (50) percent of the value embraced in the contract. If the Contractor
sublets any part of the work to be done under these Contract Documents , he will not
under any circumstances be relieved of the responsibility and obligation assumed under
these Contract Documents . All transactions of the Engineer will be with the Contractor.
Subcontractors will be considered only in the capacity of employees and workmen of the
Contractor and shall be subject to the same requirements as to character and competency.
The Owner will not recognize any subcontractor on the work . The Contractor shall at all
times, when the work is in operation, be represented either in person or by a
superintendent or other designated representatives.
C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer,
sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to
the same or any part thereof without the previous consent of the Owner expressed by
resolution of the City Council and concurred in the Sureties .
If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or
otherwise dispose of the contract or his right, title, or interest therein or any part thereof,
to any person or persons, partnership, company, firm, or corporation, or does by
bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any
state, attempt to dispose of the contract may, at the option of the Owner be revoked and
annulled, unless the Sureties shall successfully complete said contract, and in the event of
any such revocation or annulment, any monies due or to become due under or by virtue
of said contract shall be retained by the Owner as liquidated damages for the reason that
it would be impracticable and extremely difficult to fix the damages .
C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction
operation, the Contractor shall submit to the Engineer in five or more copies, if requested
by the Engineer, a progress schedule preferably in chart or diagram form, or a brief
outlining in detail and step by step manner of prosecuting the work and ordering
materials and equipment which he expects to follow in order to complete the project in
the scheduled time. There shall also be submitted a table of estimated amounts to be
earned by the Contractor during each monthly pay estimate period.
The Contractor shall commence the work to be performed under this contract within the
time limit stated in these Contract Documents and shall conduct the work in a continuous
manner and with sufficient equipment, materials, and labor as is necessary to insure its
completion within the time limit.
The sequence requested of all construction operations shall be at all times as specified in
the Special Contract Documents . Any deviation from such sequencing shall be submitted
to the Engineer for his approval. Contractor shall not proceed with any deviation until he
has received written approval from the Engineer. Such specification or approval by the
Fort Worth Water Department C-39 General Conditions
Engineer shall not relieve the Contractor from the full responsibility of the complete
performance of the Contract.
The contract time may be changed only as set forth in Section C7-7 .8 "Extension of Time
of Completion" of this Agreement, and a progress schedule shall not constitute a change
in the contract time.
C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be
conducted by the Contractor so as to create a minimum amount of inconvenience to the
public. At any time when, in the judgment of the Engineer, the Contractor has obstructed
or closed or is carrying on operations in a portion of a street or public right of way greater
than is necessary for the proper execution of the work, the Engineer may require the
Contractor to finish the section on which operations are in progress before the work is
commenced on the additional section or street.
C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used
by the Contractor if available. The Contractor may bring in from outside the City of Fort
Worth his key man and his superintendent. All other workmen, including equipment
operators, may be imported only after the local supply is exhausted. The Contractor shall
employ only such superintendents, foremen, and workmen who are careful, competent,
and fully qualified to perform the duties or tasks assigned to them, and the Engineer may
demand and secure the summary dismissal of any person or persons employed by the
Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct
himself or be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise
objectionable or neglectful in the proper performance of his or their duties, or who
neglects or refuses to comply with or carry out the directions of the Owner, and such
person or persons shall not be employed again thereon without written consent of the
Engineer.
All workmen shall have sufficient skill, ability, and experience to properly perform the
work assigned to them and operate any equipment necessary to properly carry out the
performance of the assigned duties.
The Contractor shall furnish and maintain on the work all such equipment as is
considered to be necessary for prosecution of the work in an acceptable manner and at a
satisfactory rate of progress. All equipment, tools, and machinery used for handling
materials and executing any part of the work shall be subject to the approval of the
Engineer and shall be maintained in a satisfactory, safe and efficient working condition .
Equipment on any portion of the work shall be such that no injury to the work, workmen
or adjacent property will result from its use.
C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the
first day of work completed as defined in Cl-1.23 "WORKING DAY" or the date
stipulated in the "WORK ORDER" for beginning work, whichever comes first.
Fort Worth Water Department C-40 General Condition s
Nothing in these Contract Documents shall be construed as prohibiting the Contractor
from working on Saturday, Sunday, or Legal Holidays, providing that the following
requirements are met:
A. A request to work on a specific Saturday, Sunday, or Legal Holiday must
be made to the Engineer no later than the preceding Thursday.
B. Any work to be done on the project on such a specific Saturday, Sunday,
or Legal Holiday must be, in the opinion of the Engineer, essential to the
timely completion of the project.
The Engineer's decision shall be final in response to such a request for approval to work
on a specific Saturday, Sunday, or Legal Holiday, and no extra compensation will be
allowed to the Contractor for any work performed on such specific Saturday, Sunday, or
Legal Holiday.
Calendar Days shall be defined in Cl-1.24 and the Contractor may work as he so desires.
C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall
commence the working operations within the time specified in the Contract Documents
and set forth in the Work Order. Failure to do so shall be considered by the Owner as
abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit.
The Contractor shall maintain a rate of progress such as will insure that the whole work
will be performed and the premises cleaned up in accordance with the Contract
Documents and within the time established in such documents and such extension of time
as may be properly authorized by the Owner.
C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an
extension of time of completion shall be considered only when the request for such
extension is submitted in writing to the Engineer within seven days from and after the
time alleged cause of delay shall have occurred. Should an extension of time of
completion be requested such request will be forwarded to the City Council for approval.
In adjusting the contract time or completion of the work, consideration will be given to
unforeseeable causes beyond the control of an without the fault of negligence of the
Contractor, including but not limited to acts of the public enemy, acts of the Owner, fire,
flood , tornadoes, epidemics, quarantine restrictions, strikes , freight embargoes, or delays
of sub-contractors due to such causes .
When the date of completion is based on a calendar day bid, a request for extension of
time because of inclement weather will not be considered. A request for extension of
time due to inability to obtain supplies and materials will be considered only when a
review of the Contractor's purchase order dates and other pertinent data as requested by
the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery
Fort Worth Water Department C-41 General Conditions
on schedule . This shall include efforts to obtain the supplies and materials from alternate
sources in case the first source cannot make delivery .
If satisfactory execution and completion of the contract should require work and
materials in greater amounts or quantities than those set forth in the approved Contract
Documents, then the contract time may be increased by Change Order.
C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or
hindrances to the work, except when direct and unavoidable extra cost to the Contractor
is caused by the failure of the City to provide information or material, if any, which is to
be furnished by the City. When such extra compensation is claimed, a written statement
thereof shall be presented by the Contractor to the Engineer and if by him found correct
shall be approved and referred by him to the Council for final approval or disapproval;
and the action thereon by the Council shall be final and binding. If delay is caused by
specific orders given by the Engineer to stop work, or by the performance of extra work,
or by the failure of the City to provide materials or necessary instructions for carrying on
the work, then such delay will entitle the Contractor to an equivalent extension of time,
his application for which shall, however, be subject to the approval of the City Council;
and no such extension of time shall release the Contractor or the surety on his
performance bond from all obligations hereunder which shall remain in full force until
the discharge of the contract.
C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of
the contract. Each bidder shall indicate in the appropriate place on the last page of the
Proposal the number of working days or calendar days that he will require to fully
complete this contract or the time of completion will be specified by the City in the
Proposal section of the Contract Documents.
The number of days indicated shall be a realistic estimate of the time required to
complete the work covered by the specific contract being bid upon. The amount of time
so stated by the successful bidder or the City will become the time of completion
specified in the Contract Documents .
For each calendar day that any work shall remain uncompleted after the time specified in
the Contract Documents, or the increased time granted by the Owner, or as automatically
increased by additional work or materials ordered after the contract is signed, the sum per
day given in the following schedule, unless otherwise specified in other parts of the
Contract Documents, will be deducted from monies due the Contractor, not as a penalty,
but as liquidated damages suffered by the Owner.
Fort Worth Water Department C-42 General Conditions
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AMOUNT OF CONTRACT
Less than $5,000 inclusive $35 .00
$5,001 to $15,000 inclusive $45.00
$15,001 to $25,000 inclusive $63.00
$25 ,001 to $50,000 inclusive $105 .00
$50,001 to 100,000 inclusive $154.00
$100,001 to $500,000 inclusive $210.00
$500,001 to $1,000,000 inclusive $315.00
$1,000,001 to $2,000,000 inclusive $420.00
$2,000,000 and over $630.00
The parties hereto understand and agree that any harm to the City caused by the
Contractor's delay in completing the work hereunder in the time specified by the
Contract Documents would be incapable or very difficult of accurate estimation, and that
the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast
of just compensation due the City for harm caused by any delay .
C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations
on such part or parts of the work ordered by any court, and will not be entitled to
additional compensation by virtue of such court order. Neither will he be liable to the
city in the event the work is suspended by a Court Order. Neither will the Owner be
liable to the Contractor by virtue of any Court Order or action for which the Owner is not
solely responsible.
C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the
work operation wholly or in part for such period or periods of time as he may deem
necessary due to unsuitable weather conditions or any other unfavorable conditions
which in the opinion of the Owner or Engineer cause further prosecution of the work to
be unsatisfactory or detrimental to the interest of the project. During temporary
suspension of work covered by this contract, for any reason, the Owner will make no
extra payment for stand-by time of construction equipment and/or construction crews.
If it should become necessary to suspend work for an indefinite period, the Contractor
shall store all materials in such manner that they will not obstruct or impede the public
unnecessarily nor become damaged in any way, and he shall take every precaution to
prevent damage or deterioration of the work performed; he shall provide suitable
drainage about the work, and erect temporary structures where necessary.
Should the Contractor not be able to complete a portion of the project due to causes
beyond the control of and without the fault or negligence of the Contractor, as set forth in
Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be
determined by mutual consent of the Contractor and the Engineer that a solution to allow
construction to proceed is not available within a reasonable period of time, then the
Contractor may be reimbursed for the cost of moving his equipment off the job and
returning the necessary equipment to the job when it is determined by the Engineer tat
Fort Worth Water Department C-43 General Condition s
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construction may be resumed. Such reimbursement shall be based on actual cost to the
Contractor of moving the equipment and no profit will be allowed.
No reimbursement shall be allowed if the equipment is moved to another construction
project for the City of Fort Worth. The Contractor shall not suspend work without
written notice from the Engineer and shall proceed with the work operations promptly
when notified by the Engineer to so resume operations.
C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY:
Whenever, because of National Emergency, so declared by the President of the United
States or other lawful authority, it becomes impossible for the Contractor to obtain all of
the necessary labor, materials, and equipment for the prosecution of the work with
reasonable continuity for a period of two months, the Contractor shall within seven days
notify the City in writing, giving a detailed statement of the efforts which have been
made and listing all necessary items of labor, materials, and equipment not obtainable. If,
after investigations, the Owner finds such conditions existing and that the inability of the
Contractor to proceed is not attributable in whole or in part to the fault or neglect of the
Contract, then if the Owner cannot after reasonable effort, assist the Contractor in
procuring and making available the necessary labor, materials, and equipment within
thirty days, the Contractor may request the Owner to terminate the contract and the
Owner shall comply with the request, and the termination shall be conditioned and based
upon a final settlement mutually acceptable to both the Owner and the Contractor and
final payment shall be made in accordance with the terms of the agreed settlement, which
shall include, but not be limited to, the payment for all work executed, but no anticipated
profits on work which has not been performed.
C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT
OF CONTRACT: The work operations on all or any portion or section of the work under
contract shall be suspended immediately upon written order of the Engineer or the
contract may be declared cancelled by the City Council for any good and sufficient cause.
The following, by way of example, but not of limitation, may be considered grounds for
suspension or cancellation :
A. Failure of the Contractor to commence work operations within the time
specified in the Work Order issued by the Owner.
B. Substantial evidence that the progress of the work operations by the
Contractor is insufficient to complete the work within the specified time.
C. Failure of the Contractor to provide and maintain sufficient labor and
equipment to properly execute the working operations .
D. Substantial evidence that the Contractor has abandoned the work .
E. Substantial evidence that the Contractor has become insolvent or bankrupt,
or otherwise financially unable to carry out the work satisfactorily.
Fort Worth Water Department C-44 Gen eral Conditions
F. Failure on the part of the Contractor to observe any requirements of the
Contract Documents or to comply with any orders given by the Engineer
or Owner provided for in these Contract Documents .
G. Failure of the Contractor promptly to make good any defect in materials or
workmanship, or any defects of any nature the correction of which has
been directed in writing by the Engineer or the Owner.
H. Substantial evidence of collusion for the purpose of illegally procuring a
contract or perpetrating fraud on the City in the construction of work
under contract.
I. A substantial indication that the Contractor has made an unauthorized
assignment of the contract or any funds due therefrom for the benefit of
any creditor or for any other purpose .
J. If the Contractor shall for any cause whatsoever not carry on the working
operation in an acceptable manner.
K. If the Contractor commences legal action against the Owner.
A copy of the suspension order or action of the City Council shall be served on the
Contractor's Sureties. When work is suspended for any cause or causes, or when the
contract is cancelled, the Contractor shall discontinue the work or such part thereof as the
Owner shall designate, whereupon the Sureties may, at their option, assume the contract
or that portion thereof which the Owner has ordered the Contractor to discontinue, and
may perform the same or may, with the written consent of the Owner, sublet the work or
that portion of the work as taken over, provided however, that the Sureties shall exercise
their option, if at all, within two weeks after the written notice to discontinue the work
has been served upon the Contractor and the Sureties or their authorized agents. The
Sureties, in such event shall assume the contractor's place in all respects, and shall be
paid by the Owner for all work performed by them in accordance with the terms of the
Contact Documents. All monies remaining due the Contractor at the time of this default
shall thereupon become due and payable to the Sureties as the work progresses, subject to
all terms of the Contract Documents.
In case the Sureties do not, within the hereinabove specified time, exercise their right and
option to assume the contract responsibilities, or that portion thereof which the Owner
has ordered by the Contractor to discontinue, then the Owner shall have the power to
complete, by contract or otherwise, as it may determine, the work herein described or
such part thereof as it may deem necessary, and the Contractor hereto agrees that the
Owner shall have the right to take possession of an use any materials , plants, tools,
equipment, supplies, and property of any kind provided by the Contractor for the purpose
of carrying on the work and to procure other tools, equipment, materials, labor, and
property for the completion of the work, and to charge to the account of the Contractor of
Fort Worth Water Department C-45 General Conditions
said contract expense for labor, materials, tools, equipment, and all expenses incidental
thereto. The expense so charged shall be deducted by the Owner from such monies as
may be due or may become due at any time thereafter to the Contractor under and by
virtue of the Contract or any part thereof. The Owner shall not be required to obtain the
lowest bid for the work completing the contract, but the expense to be deducted shall be
the actual cost of the owner of such work.
In case such expenses shall exceed the amount which would have been payable under the
Contract if the same had been completed by the Contractor, then the Contractor and his
Sureties shall pay the amount of such excess to the City on notice from the Owner of the
excess due. When any particular part of the work is being carried on by the Owner by
contract or otherwise under the provisions of this section, the Contractor shall continue
the remainder of the work in conformity with the terms of the Contract Documents in
such a manner as to not hinder or interfere with performance of the work by the Owner.
C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having
been fulfilled, save as provided in any bond or bonds or by law, when all the work and all
sections or parts of the project covered by the Contract Documents have been finished
and completed, the final inspection made by the Engineer, and the final acceptance and
final payment made by the Owner.
C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER:
A. Notice of Termination: The performance of the work under this contract
may be terminated by the Owner in whole, or from time to time in part, in
accordance with this section, whenever the Owner shall determine that such
termination is in the best interest of the Owner. Any such termination shall be
effected by mailing a notice of termination to the Contractor specifying the extent
to which performance of work under the contract is terminated, and the date upon
which such termination is to become effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the
United States Mail by the Owner. Further, it shall be deemed conclusively
presumed and established that such termination is made with just cause as therein
stated; and no proof in any claim, demand or suit shall be required of the Owner
regarding such discretionary action.
B. Contractor Action: After receipt of a notice of termination, and except as
otherwise directed by the Engineer, the Contractor shall:
1. Stop work under the contract on the date and to the extent specified
in the notice of termination.
2. Place no further orders or subcontracts for materials, services, or
facilities except as may be necessary for completion of such portion of the
work under the contract as is not terminated .
Fort Worth Water Department C-46 General Conditions
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3. Terminate all orders and subcontracts to the extent that they relate
to the performance of work terminated by the notice of termination.
4. Transfer title to the Owner and deliver in the manner, at the times,
and to the extent, if any, directed by the Engineer.
a.
b.
The fabricated or un-fabricated part, work in process,
completed work, supplies, and other material produced as
part of, or acquired in connection with, the performance of
the work terminated by the notice of termination.
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
by the Owner.
5. Complete performance of such part of the work as shall not have
been terminated by the notice of termination .
6. Take such action as may be necessary, or as the Engineer may
direct, for the protection and preservation of the property related to
its contract which is in the possession of the Contractor and in
which the Owner has or may acquire the rest.
At a time not later than 30 days after the termination date specified in the notice
of termination, the Contractor may submit to the Engineer a list, certified as to the
quantity and quality of any or all items of termination inventory not previously
disposed of, exclusive of items the disposition of which has been directed or
authorized by the Engineer. Not later than 15 days thereafter, the Owner shall
accept title to such items provided, that the list submitted shall be subject to
verification by the Engineer upon removal of the items or, if the items are stored,
within 45 days from the date of submission of the list, and any necessary
adjustments to correct the list, as submitted, shall be made prior to final
settlement.
C. Termination Claim: Within 60 days after notice of termination, the
Contractor shall submit his termination claim to the Engineer in the form and with
the certification prescribed by the Engineer. Unless one or more extensions in
writing are granted by the Owner upon request of the Contractor, made in writing
within such 60 day period or authorized extension thereof, any an all such claims
shall be conclusively deemed waived.
D. Amounts: Subject to the provision if Item C7-7 .16, the Contractor and
Owner may agree upon the whole or any part of the amount or amounts to be paid
to the Contractor by reason of the total or partial termination of work pursuant
hereto; provided, that such agreed amount or amounts shall never exceed the total
contract price as reduced by the amount of payments otherwise made and as
Fort Worth Water Department C -47 General Conditions
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further reduced by the contract price of work not terminated. The contract shall
be amended accordingly, and the Contractor shall be paid the agreed amount. No
amount shall be due for lost or anticipated profits. Nothing in C7-7 .16 hereafter,
prescribing the amount to be paid to the Contractor in the event of failure of the
Contractor by reason of the termination of work pursuant to this section, shall be
deemed to limit, restrict, or otherwise determine or affect the amount or amounts
which may be agreed upon to be paid to the Contractor pursuant to this paragraph.
E . Failure to Agree: In the event of the failure of the Contractor and the
Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to
the Contractor by reason of the termination of work on the basis of information
available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. No amount
shall be due for lost or anticipated profits.
F. Deductions: In arriving at the amount due the contractor (under this
section, there shall be deducted (a) all un-liquidated advance or other payments on
account theretofore made to the Contractor, applicable to the terminated portion
of this contract; (b) an y claim which the Owner may have against the Contractor
in connection with this contract; and (c) the agreed price for, or the proceeds of
sale of, any materials, supplies, or other things kept by the Contractor or sold,
pursuant to the provisions of this clause, and not otherwise recovered by or
credited to the Owner.
G . Adjustment: If the termination hereunder be partial, prior to the settlement
of the terminated portion of the contract, the Contractor may file with the
Engineer a request in writing for an equitable adjustment of the price or price
specified in the contract relating to the continued portion of the contract (the
portion not terminated by the notice of termination), such equitable adjustment as
may be agreed upon shall be made in such price or prices; nothing contained
herein, however, shall limit the right of the Owner an d the Contractor to agree
upon the amount or amounts to be paid to the Contractor for the completion of the
continued portion of the contract when said contract does not contain an
established contract price for such continued portion .
H. No Limitation of Rights: Nothing contained in this section shall limit or
alter the rights which the Owner may have for termination of this contract under
C7-7 .14 hereof entitled "Suspension of Abandonment of the Work and
Amendment of Contract" or any other right which Owner may have for default or
breach of contract by Contractor.
C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible
for initiating, maintaining, and supervising all safety precautions and programs in
connection with the work at all times and shall assume all responsibilities for their
enforcement.
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The Contractor shall comply with federal, state, and local laws, ordinances, and
regulations so as to protect person and property from injury, including death, or damage
in connection with the work.
Fort Worth Water Department C-49 General Conditions
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SECTION C8-8 MEASURMENTANDPAYMENT
C8-8.l MEASURMENT OF QUANTITIES: The determination of quantities of work
performed by the Contractor and authorized by the Contract Documents acceptably
completed under the terms of the Contract Documents shall be made by the Engineer,
based on measurements made by the Engineer. These measurements will be made
according to the United States Standard Measurements used in common practice, and will
be the actual length, area, solid contents, numbers, and weights of the materials and items
installed .
C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit
Price" shall include the furnishing by the Contractor of all labor, tools, materials,
machinery, equipment, appliances and appurtenances necessary for the construction of
and the completion in a manner acceptable to the Engineer of all work to be done under
these Contract Documents.
The "Unit Price" shall include all permanent and temporary protection of overhead,
surface, and underground structures, cleanup, finished, overhead expense, bond,
insurance, patent fees, royalties, risk due to the elements and other causes, delays, profits,
injuries, damage claims, taxes, and all other items not specifically mentioned that may be
required to fully construct each item of the work complete in place an in a satisfactory
condition of operafion.
C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump
Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials,
machinery, equipment, appurtenances, and all subsidiary work necessary for the
construction and completion of all the work to provide a complete and functional item as
detailed in the Special Contract Documents and/or Plans.
C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the
compensation, as herein provided, in full payment for furnishing all labor, tools,
materials, and incidentals for performing all work contemplated and embraced under
these Contract Documents, for all loss and damage arising out of the nature of the work
or form the action of the elements, for any unforeseen defects or obstructions which may
arise or be encountered during the prosecution of the work at any time before its final
acceptance by the Owner, (except as provided in Paragraph C5 -5.14) for all risks of
whatever description connected with the prosecution of the work , for all expense incurred
by or in consequence of suspension or discontinuance of such prosecution of the working
operations as herein specified, or any and all infringements or patents, trademarks,
copyrights, or other legal reservations, and for completing the work in an acceptable
manner according to the terms of the Contract Documents.
The payment of any current or partial estimate prior to final acceptance of the work by
the Owner shall in no way constitute an acknowledgment of the acceptance of the work,
materials, or equipment, nor in any way prejudice or affect the obligations of the
Contractor to repair, correct, renew, or replace at his own and proper expense, any defects
Fort Worth Water Department C-50 General Conditions
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or imperfections in the construction or in the strength or quality of the material used or
equipment and machinery furnished in or about the construction of the work under .
contract and its appurtenances, or any damage due or attributed to such defects, which
defects, imperfection, or damage shall have been discovered on or before the final
inspection and acceptance of the work or during the one year guarantee period after final
acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage,
and the Contractor shall be liable to the Owner for failure to correct the same as provided
herein.
C8-8.5 PARTIAL ESTIMATES AND RETAIN AGE: Between the 1st and 5th day or
each month the Contractor shall submit to the Engineer a statement showing an estimate
of the value of the work done during the previous month, or estimate period under the
Contract Documents. Not later than the 10th day of the month the Engineer shall verify
such estimate, and if it is found to be acceptable and the value of work performed since
the last partial payment was made exceeds one hundred dollars in amount, 90% of such
estimated sum will be paid to the Contractor if the total contract amount is less than
$400,000, or 95% of such estimated sum will be paid to the Contractor if the total
contract amount is $400,000 or greater within twenty-five (25) days after the regular
estimate period. The City will have the option of preparing estimated on form furnished
by the City. The partial estimate may include acceptable nonperishable materials
delivered to the work, which are to be incorporated into the work as a permanent part
thereof, but which at the time of the estimate have not been installed.(such payment will
be allowed on a basis of 85% of the net invoice value thereof) The Contractor shall
furnish the Engineer such information as he may request to aid him as a guide in the
verification or the preparation of partial estimates.
It is understood that the partial estimate from month to month will be approximate only,
and all partial monthly estimates and payment will be subject to correction in the
estimates rendered following the discovery of an error in any previous estimate, and such
estimate shall not, in any respect, be taken as an admission of the Owner of the amount of
work done or of its quality of sufficiency, or as an acceptance of the work done or the
release of the Contractor of any of his responsibilities under the Contract Documents.
The City reserves the right to withhold the payment of any monthly estimate if the
Contractor fails to perform the work strictly in accordance with the specifications or
provisions of this contract.
C8-8.6 WITI-Il-IOLDING PAYMENT: Payment on any estimate or estimates may be
held in abeyance if the performance of the construction operations is not in accordance
with the requirements of the Contract Documents.
C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the
Contract Documents shall have been completed and all requirements of the Contract
Documents shall have been fulfilled on the part of the Contractor, the Contractor shall
notify the Engineer in writing that the improvements are ready for the final inspection.
The Engineer shall notify the appropriate officials of the Owner, will within a reasonable
Fort Worth Water Department C-51 General Conditions
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time make such final inspection, and if the work is satisfactory, in an acceptable
condition, and has been completed in accordance with the terms of the Contract
Documents and all approved modifications thereof, the Engineer will initiate the
processing of the final estimate and recommend final acceptance of the project and final
payment thereof as outlined in C8-8.8 below.
C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the
Contract Documents and all approved modifications thereof shall have been completed
and all requirements of the Contract Documents have been fulfilled on the part of the
Contractor, a final estimate showing the value of the work will be prepared by the
Engineer as soon as the necessary measurements, computations, and checks can be made.
All prior estimates upon which payment has been made are subject to necessary
corrections or revisions in the final payment.
The amount of the final estimate, less previous payments and any sum that have been
deducted or retained under the provisions of the Contract Documents, will be paid to the
Contractor within 60 days after final acceptance by the Owner on a proper resolution of
the City Council, provided the Contractor has furnished to the Owner satisfactory
evidence of payment as follows: prior submission of the final estimate for payment, the
Contractor shall execute an affidavit, as furnished by the City, certifying that all persons,
firms, associations, corporations, or other organizations furnishing labor and/or materials
have been paid in full, that the wage scale established by the City Council in the City of
Fort Worth has been paid, and that there are no claims pending for personal injury and/or
property damages.
The acceptance by the Contractor of the last or final payment as aforesaid shall operate as
and shall release the Owner from all claims or liabilities under the Contract for anything
done or furnished or relating to the work under the Contract Documents or any act or
neglect of said City relating to or connected with the Contract.
The making of the final payment by the Owner shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has
employed competent Engineers and designers to prepare the Contract Documents and all
modifications of the approved Contract Documents. It is, therefore, agreed that the
Owner shall be responsible for the adequacy of its own design features, sufficiency of the
Contract Documents, the safety of the structure, and the practicability of the operations of
the completed project, provided the Contractor has complied with the requirements of the
said Contract Documents, all approved modifications thereof, and additions and
alterations thereto approved in writing by the Owner. The burden of proof of such
compliance shall be upon the Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications thereof, and all
approved additions and alterations thereto.
Fort Worth Water Department C-52 General Conditions
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CS-8.10 GENERAL GUARANTEE: Neither the final certificate of payment nor any
provision in the Contract Documents nor partial or entire occupancy or use of the
premises by the Owner shall constitute an acceptance of work not done in accordance
with the Contract Documents or relieve the Contractor of liability in respect to any
express warranties or responsibility for faulty materials or workmanship. The Contractor
shall remedy any defects or damages in the work and pay for any damage to other work
resulting therefrom which shall appear within a period of one year from the date of final
acceptance of the work unless a longer period is specified and shall furnish a good and
sufficient maintenance bond in the amount of 100 percent of the amount of the contract
which shall assure the performance of the general guarantee as above outlined. The
Owner will give notice of observed defects with reasonable promptness.
CS-8.11 SUBSIDIARY WORK: Any and all work specifically governed by
documentary requirements for the project, such as conditions imposed by the Plans, the
General Contract Documents, or the Special Contract Documents, in which no specific
item for bid has been provided for in the Proposal, shall be considered as a subsidiary
item of work, the cost of which shall be included in the price bid in the Proposal, for each
bid item. Surface restoration, rock excavation, and clean-up are general items of work
which fall in the category of subsidiary work.
C8-8.I2 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be
allocated under various bid items in the Proposal to establish unit prices for
miscellaneous placement of material. These materials shall be used only when directed
by the Engineer, depending on field conditions. Payment for miscellaneous placement of
material will be made for only that amount of material used, measured to the nearest one-
tenth unit. Payment for miscellaneous placement of material shall be in accordance with
the General Contract Documents regardless of the actual amount used for the project.
CS-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all
specifications, plans, addenda, modifications, shop drawings, and samples at the site, in
good order and annotated to show all changes made during the construction process.
These shall be delivered to the Engineer upon completion of the work.
Fort Worth Water Department C-53 General Conditions
PART C1
SUPPLEMENTARY CONDITIONS
(TO PART C)
PART Cl
SUPPLEMENT ARY CONDITIONS
TO
PART C-GENERAL CONDITIONS
A . GENERAL
These Supplementary Conditions amend or supplement the General Conditions of the Contract
and other provisions of the Contract Documents as indicated below . Provisions which are not so
amended or supplemented remain in full force and affect.
B. CONTRACT DOCUMENTS: In Section C 1-1.2 CONTRACT DOCUMENTS, delete Paragraph
Cl -l .2b SPECIAL CONTRACT DOCUMENTS and add the following:
C.
"b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for
each specific project as a supplement to the General Contract Documents and include the
following items:
PART A -NOTICE TO BIDDERS (Advertisement) White
SPECIAL INSTRUCTION TO BIDDERS White
PARTB -PROPOSAL (Bid) White
M/WBE BID SPECIFICATIONS Golden Rod
PARTC -GENERAL CONDITIONS Canary Yellow
PART Cl -SUPPLEMENTARY CONDITIONS Green
PARTD -SPECIAL CONDITIONS Green
PART E -TECHNICAL SPECIFICATIONS White
PERMITS/EASEMENTS White
PART F -BONDS AND INSURANCE White
PARTG -CONTRACT White
PARTH -PLANS/FIGURES (may be bound separately) White"
DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS: Delete entire Paragraph C 1-
1.17, and replace with the following:
Cl-1.17 DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS: The officially
appointed Director of the Transportation and Public Works Department of the City of Fort
Worth, or his duly authorized representative, assistant, or agents .
D. DIRECTOR OF ENGINEERING: Add the following paragraph after Cl-1.17 and before Cl-
1.18:
Part Cl
Cl-l.17A DIRECTOR OF ENGINEERING: The officially appointed Director of the Department
of Engineering of the City of Fort Worth, referred to in the charter as the City Engineer, or his
duly authorized representative assistant, or agents.
Cl-I
E. ENGINEER: Delete entire Paragraph Cl-1.19, and replace with the following :
The Director of the Fort Worth Department of Engineer, the Director of Fort Worth
Transportation and Public Works Department, the Director of the Fort Worth Water Department,
or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within
the scope of the particular duties entrusted to them.
F. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In Section C2-
2.3, Paragraph 2, add the following to last sentence: "except for changes in the site conditions
caused by factors outside of the control of the Contractor which occur after the Contractor's
inspection and prior to installation."
G.
Part Cl
Part C -General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF
PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2 -2 .8 and C2-2.9 with the following:
C2-2 .7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered,
accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the
official location and stated time set forth in the "Notice to Bidders ." It is the Bidder's sole
responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a
proposal was dispatched will not be considered. The Bidders must have the proposal actually
delivered . Each proposal shall be in a sealed envelope plainly marked with the word
"PROPOSAL," and the name or description of the project as designated in the "Notice to
Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth
Purchasing Division, P .O. Box 17027, Fort Worth, Texas 76102 .
C2-2 .8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager
cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration
of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to
the time set for the opening of proposals. After all proposals not requested for non-consideration
are opened and publicly read aloud, the proposals for which non-consideration requests have
been properly filed may, at the option of the Owner, be returned unopened.
C2-2 .9 TELEGRAPHIC MODIFICATION OF PROPOSALS : Any bidder may modify his
proposal by telegraphic communication at any time prior to the time set for opening proposals,
provided such telegraphic communication is received by the Purchasing Manager prior to the
said proposal opening time, and provided further, that the City Manager is satisfied that a written
and duly authenticated confirmation of such telegraphic communication over the signature of the
bidder was mailed prior to the proposal opening time . If such confirmation is not received within
forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to
the proposal
Cl-2
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H. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE:
I.
Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS
ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted
in its entirety and replaced with the following:
Upon request, Contractor agrees to provide to Owner complete and accurate information
regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman
Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to
permit an audit and/or examination of any books, records or files in its possession that will
substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of facts
( other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will
be grounds for termination of the contract and/or initiating action under appropriate federal, state
or local laws or ordinances relating to false statements; further, any such misrepresentation ( other
than negligent misrepresentation) and/or commission of fraud will result in the Contractor being
determined to be irresponsible and barred from participating in City work for a period of time of
not less than thee (3) years.
C3-3.5 A WARD OF CONTRACT is modified to read as follows:
"The Owner reserves the right to withhold final action on the proposals for a reasonable time, not
to exceed the period state for the duration of the Bid Security stated in the Notice to Bidders or
90 days, whichever is shorter."
J. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated
November 1, 1987; (City let projects) make the following revisions:
Part Cl
1. Page C3-3(3); the paragraph after paragraph C3-3 .7d Other Bonds should be revised to read:
In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of
authority from the United States secretary of the treasury to qualify as a surety on obligations
permitted or required under federal law; or (2) have obtained reinsurance for any liability in
excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of
Texas and is the holder of a certificate of authority from the Untied States secretary of the
treasury to qualify as a surety on obligations permitted or required under federal law .
Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,
in its sole discretion, will determine the adequacy of the proof required herein.
2. Pg. C3-3(5) Paragraph C3-3.l 1 INSURANCE delete subparagraph "a.
COMPENSATION INSURANCE".
3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR
INSURANCE AND BONDING".
Cl-3
K. INSURANCE. Change the following portions of C3-3.l 1 ln s urance as shown below:
Part C l
I. INSURANCE FOR SUBCONTRACTORS: At the end of the first paragraph of Section
C3-3 .11, after "and for all subcontractors", insert the following sentence: "The General
Contractor may require all subcontractors to be insured and submit documentation
ensuring that the requirements of C3-3.l l are met for all subcontractors . Failure of the
OWNER to request required documentation shall not constitute a waiver of the insurance
requirements specified herein. The Contractor' liability shall not be limited to the
specified mounts of insurance required herein ."
2 . INSURANCE LIMITS . In Section C3-3.l l, after the word "occurrence", add
"/aggregate".
3. COMPENSATION INSURANCE . Add the following to the end of Paragraph C3-3 .11 a:
"Worker's compensation insurance covering employees in the project site shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the
OWNER."
4 . COMMERCIAL GENERAL LIABILITY INSURANCE: 1n Paragraph C3-3 .1 lb:
Replace the word "Comprehensive" with "Commercial" Add the following to Paragraph
C3-3.l lb:
"Certificates of insurance shall state that Insurance is on an "occurrence basis." .
Certificate shall also contain a statement that no exclusions by endorsement have been
made to the Commercial General Liability Policy".
5 . COMMERCIAL GENERAL LIABILITY (CGL) POLICY : Amend Paragraph C3-3.l lc,
Additional Liability by adding the following :
a. Add the following to Section 6 CONTRATURAL LIABILITY : "The City, its offices,
employees and servants shall be endorsed as additional insured on Contractor's
insurance policies excepting employer's liability insurance coverage under
Contractor's worker's compensation insurance policy . Contractor 's insurance policies
shall be endorsed to provide that such insurance is primary protection and any self-
funded or commercial coverage maintained by the OWNER shall not be called upon to
contribute to loss recovery."
b . Add the following paragraph:
"When required by the Contract documents, Environmental Impairment Liability
Coverage must be provided in the limits of $1,000 ,000 per occurrence and $2,000,000
annual aggregate . The Environmental Impairment Liability (EIL) must contain
coverage for sudden and accidental contamination or pollution, liability for gradual
emissions , and clean-up costs. The EIL coverage shall include two year completed
operations coverage on a per Project basis . A separate insurance policy may be
needed to fulfill this requirement. EIL for damages incurred in the course of
transporting sludge shall be covered under the contractor 's insurance policy(s)."
Cl-4
Part C l
6 . AUTOMOBILE INSURANCE LIMITS: Revise Paragraph C3-3. l ld so that the
insurance limit are as follows :
Bodily Injury
Bodily Injury
Property Damage
$250,000 each person
$500,000 aggregate
$100 ,000 aggre gate
7. PROOF OF CARRIAGE OF INSURANCE : revise paragraph C3-3 .11 f by inserting the
following after the first sentence: "Other than Worker 's Compensation Insurance, in lieu
of specified insurance, the City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. The City must approve in
writing any alternative coverage ."
8 . LOCAL AGENT FOR INSURANCE AND BONDING : For Paragraph C3-3 . l lg,
delete entire paragraph beginning "Local Agent for Insurance Bonding".
9 . DEDUCTABLE LIMITS: Add the following Paragraph C3 -3.l l.g:
"DEDUCTIBLE LIMITS . The deductible limits or self-funded retention limits , on each
policy must not exceed $10,000 per occurrence unless otherwise approved by the City."
10 . INSURANCE COMPANY: Add the following Paragraph C3-3.l l.h :
11.
"INSURANCE COMPANY : The insurance company with whom the Contractor's
insurance is written shall be authorized to do business in the State of Texas and shall have
a current A.M. Best Rating of "A :VII " or equ ivalent measure of financial strength and
solvency."
NOTIFICATION: Add the following Paragraph C3 -3 .l l.i :
"NOTIFICATION: During the lifetime of thi s contract, the Contractor shall notify the
ENGINEER in writing, of any known loss occurrence that could give rise to a liability
claim or lawsuit or which could result in a property loss ."
12 . CANCELLATION : Add the following Paragraph C3 -3.l 1.j:
"CANCELLATION : Insurance shall be endorsed to provide the City with a minimum of
thirty days notice of cancellation, non-renewal and/or material change in insurance policy
terms or coverage . A minimum 10-day notice shall be acceptable in the event of non-
payment of insurance premium to insurance company ."
13. ADDITIONAL INSURANCE REQUIREMENTS :
a . The City, its officers, employees and servants shall be endorsed as an additional insured
on Contractor's insurance policies excepting employer's liability insurance coverage
under Contractor's workers' compensation insurance policy .
b. Certificates of insurance shall be delivered to the City of Fort Worth , contract
administrator in the respective department as specified in the bid documents , 1000
Throckmorton Street, Fort Worth , TX 7 61 02 , prior to commencement of work on the
Cl-5
Part C l
contracted project.
b. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein .
c. Each insurance policy shall be endorsed to provide th e City a minimum thirty days notice
of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten
days notice shall be acceptable in the event of non -payment of premium.
e . Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A : VII or equivalent measure of financial strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City .
g. Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups . The City must approve in writing any alternative coverage .
h. Workers' compensation insurance policy(s) covering employees employed on the project
shall be endorsed with a waiver of subrogation providing rights of recovery in favor of
the City.
1. City shall not be responsible for the direct payment of insurance premium costs for
contractor's insurance.
J. Contractor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery .
k . In the course of the project, Contractor shall report, in a timely manner, to City's
officially designated contract administrator any known loss occurrence which could give
rise to a liability claim or lawsuit or which could result in a property loss.
1. Contractor's liability shall not be limited to the specified amounts of insurance
m . Upon the request of City, Contractor shall provide complete copies of all insurance
policies required by these contract documents.
10 . CITY RESPONSIBILITIES: Add the following paragraph to the end of Section C3-3.11 :
"CITY RESPONSIBILITIES: The City shall not be responsible for direct payment of
insurance premium costs for Contractor's Insurance."
15 . ADDITIONAL INSURED
All insurance policies for this project except Worker 's Compensation shall be written
with the City of Fort Worth and Camp Dresser & McKee Inc . listed as additional
insured."
Cl-6
L. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the
following:
M.
N.
Part Cl
(a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code,
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 , Texas Government
Code. Such prevailing wage rates are included in these contract documents .
(b) The contractor 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. These records shall be open at all reasonable hours for
inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev . 9/30/02) pertain
to this inspection.
(c) The contractor shall include in its subcontracts and/or shall otherwise require all of its
subcontractors to comply with paragraphs (a) and (b) above .
(d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating
that the contractor has complied with the requirements of Chapter 2258, Texas Government
Code.
The contractor shall post the prevailing wage rates in a conspicuous place at the site of the
project at all times.
INCREASED OR DECREASED QUANTITIES: Part C -General Conditions, Section C4-4
SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED
QUANTITIES to read as follows:
The Owner reserves the right to alter the quantities of the work to be performed or to extend or
shorten the improvements at any time when and as found to be necessary, and the Contractor
shall perform the work as altered, increased or decreased at the unit prices as established in the
contract documents. No allowance will be made for any changes in lost or anticipated profits nor
shall such changes be considered as waiving or invalidating any conditions or provisions of the
Contract Documents.
Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as
applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various
depth categories.
LIMITATION OF INCIDENTAL CHARGES (Reference C4-4 .5c):
The Contractor agrees that should any change in the work of extra work be ordered, the
following applicable percentage shall be added to Material and Labor Costs to cover overhead
and profit:
1. Allowance to the Contractor for overhead and profit for extra work performed by the
Contractor's own forces shali not exceed 15%.
Cl-7
2. Allowance to the Contractor for overhead and profit for extra work performed by a
subcontractor and supervised by the Contractor shall not exceed 10%.
Contractor shall be reimbursed for direct field overhead when the change requires an extension
of the Contract period . Contractor shall not be reimbursed for indirect overhead or indirect costs
related to changes to this contract
0. TESTING COSTS: Section 5-5.12, revise the first sentence to read as follows :
"Where, as called for in the Contract Documents, tests of materials or equipment are necessary,
such tests will be made at the expense of and paid for by the Contractor unless otherwise
specifically provided for in the Technical Specifications ."
P. LAWS TO BE OBSERVED: Section C6-6.l, delete "or wh ich may be enacted later". After the
word "exist" add "at the time of the Contract or may be hereafter exist during the performance of
the Contract."
Q . BUILDING PERMITS : Paragraph C6-6 .2 Insert the following at the end of the paragraph;
"Contractors are responsible for obtaining construction permits from the governing agencies.
Contractor shall schedule all code inspections with the Code Inspection Department in
accordance with the permit requirements and submit copy of updated schedule to the Engineer
weekly. Plumbing, electrical and mechanical building permits are issued without charge . Water
and sewer access fees will be paid by the Water Department. Any other permit fees are the
responsibility of the Contractor."
R. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the word
"watchmen" wherever in appears with the word "flagmen ". In the first paragraph, lines five (5)
and six (6), replace "take all such other precautionary measures" with "take all reasonable
necessary measures ."
S . CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS : Delete entire Paragraph C6-
6.12 , and replace with the following:
Part C l
"C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Contractor covenants and agrees to indemnify the City' Engineer and Architect, and their
personnel at the project site for the Contractor's sole negligence . In addition, the Contractor
covenants and agrees to indemnify, hold harmless and defend at its own expense, the Owner, its
officers, agents, servants, and employees, from and against all claims or suits for property loss ,
property damage, personal injury, including death, arising out of, or alleged to arise of, the work
and services to be performed hereunder by the Contractor, it s officers , agents , employees
subcontractors, licensees or invitees, whether or not any such iniury, damage or death is
caused, in whole or in part, hy the negligence ofthe Owner, its officers, agents, servants, or
employees. Contractor likewise covenants and agrees to indemnify and hold harmless Owner
from and against any and all injuries to the Owner's officers, agents , servants, and employees,
loss or destruction of property of the Owner arising form the performance of any of the terms and
conditions of this Contract, whether or not any such iniury or damage is caused, in whole or in
Cl-8
part, hv the negligence or alleged negligence ofthe Owner, its officers, agents. servants, or
employees.
In the event the Owner receives a written claim for damages again st the Contractor or its
subcontractors prior to final payment, final payment shall not be made until the Contractor either
(a) submits to the Owner satisfactory evidence that the claim has been settled and/or a release
from the claimant involved , or (b) provides the Owner with a lette r from the Contractor's liability
insurance carrier that the claim has been referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth
public work from a Contractor against whom a claim for damages is outstanding as a result of
work performed under a City Contract."
T. STATE SALES TAX
U.
Part C I
1. Delete Paragraph C6-6 .21 STATE SALES TAX in its entirety .
2 . This contract is issued by an organization which qualifies for exemption pursuant to the
provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax Act. All
equipment and materials not consumed by or incorporated into the project construction
are subject to State Sales Tax under House Bill 11, enacted August 15 , 1991 . All such
taxes shall be included in the various amounts on the Proposal Form . The successful
Bidder shall be required to submit a breakdown between costs of labor, consumable
material and other construction costs and costs of material incorporated into the project
construction prior to execution of this contract.
3. At the time of execution of the Contract Documents by the Contractor, the Contractor
shall complete the "Statement of Materials and Other Charges" which identifies the
project costs anticipated in the Project into "Materials Incorporated into the Project" and
"All Other Charges". The Contract shall be a "Separated Contract".
4 . The City of Fort Worth will issue appropriate Certificates of Resale to the Contractor.
5 . All Change Orders to the Contract will separate charges for materials and labor and will
contain the following statement:
"For purposes of complying with Texas Tax Code, the Contractor agrees that the charges
for material incorporated into the project in excess of the estimated quantity provided for
herein will be no less than the invoice price for such material to the Contractor."
C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in
its entirety and replaced with the following :
The Contractor shall receive and accept the compensation as herein provided, in full payment for
furnishing all labor, tools, materials, and incidentals for performing all work contemplated and
embraced under these Contract Documents, for all loss and damage arising out of the nature of
the work or from the action of the elements, for any unforeseen defects or obstructions which
may arise or be encountered during the prosecution which may arise or be encountered during the
prosecution of the work at any time before its final acceptance by the Owner, ( excep't as provided
in paragraph CS-5.14) for all risks of whatever description connected with the prosecution of the
work, for all expenses incurred by or in consequence of the suspension or di scontinuance of such
CI-9
prosecution of the working operations as herein specified, or any and all infringements of
patents, trademarks, copyrights, or other legal reservations , and for completing the work in an
acceptable manner according to the terms of the Contract Documents.
The payment of any current or partial estimate prior to the final acceptance of the work by the
Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or
equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct,
renew, or replace at his own and proper expense any defects or imperfections in the construction
or in the strength or quality of the material used or equipment or machinery furnished in or about
the construction of the work under contract and its appurtenances, or any damage due or
attributed to such defects, which defects, imperfections, or damage shall have been discovered on
or before the final inspection and acceptance of the work or during the two (2) year guaranty
period after the final acceptance. The Owner shall be the sole judge of such defects,
imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct
the same as provided herein.
V . C8-8.5 PARTIAL ESTIMATES AND RETAINAGE : Page C8-8 (2), should be deleted in its
entirety and replaced with the following:
Part Cl
Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day
and 20th day of each month that the work is in progress. The estimate shall be proceeded by the
City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following
the end of the estimate period, less the appropriate retainage as set out below . Partial pay
estimates may include acceptable nonperishable materials delivered to the work place which are
to be incorporated into the work as a permanent part thereof, but which at the time of the pay
estimate have not been so installed . If such materials are included within a pay estimate,
payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the
Engineer such information as may be reasonably requested to aid in the verification or the
preparation of the pay estimate.
For contracts of less than $400,000 at the time of execution , retainage shall be ten per cent
(10% ). For contracts of $400,000 or more at the time of execution, retainage shall be five
percent (5%).
Contractor shall pay subcontractors in accord with the subcontract agreement within five (5)
business days after receipt by Contractor of the payment by City. Contractor's failure to make
the required payments to subcontractors will authorize the City to withhold future payments from
the Contractor until compliance with this paragraph is accomplished.
It is understood that the partial pay estimates will be approximate only, and all partial pay
estimates and payment of same will be subject to correction in the estimate rendered following
the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount
of work done or of its quality or sufficiency or acceptance of the work done; shall not release the
Contractor of any of its responsibilities under the Contract Documents .
The City reserves the right to withhold the payment of any partial estimate if the Contractor fails
to perform the work in strict accordance with the specifications or other provisions of this
contract.
Cl-10
W . C8-8.10 GENERAL GUARANTY: Delete C&-8 .10, General Guaranty at page C8-8(4) is deleted
in its entirety and replaced with the following:
Neither the final certificate of payment nor any provision in the Contract Documents, nor partial
or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work
not done in accordance with the Contract Documents or relieve the Contractor of liability in
respect to any express warranties or responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects or damages in the work and pay for any damage to other
work 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 in the amount of 100 percent of the amount of the contract
which shall assure the performance of the general guaranty as above outlined. The Owner will
give notice of observed defects with reasonable promptness.
Any reference to any shorter period of time of warranty contained elsewhere within the
specifications shall be resolved in favor of this specifications, it being the City's intent that the
Contractor guarantee its work for a period of two (2) years following the date of acceptance of
the project.
In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing
paragraph 2.
X. RIGHT TO AUDIT: Part C -General Conditions, Section C8-8 MEASUREMENT AND
PAYMENT, Page C8-8 (5), add the following:
Part Cl
C8-8.14 RIGHT TO AUDIT:
a.
b .
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 normal 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 section. The City shall give contractor reasonable advance notice of
intended audits.
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 the subcontract, 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 normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this article. City shall give subcontractor reasonable advance
notice of intended audits.
Cl-11
Y .
Part Cl
c . Contractor and subcontractor agree to photocopy such documents as may be requested by
the City. The City agrees to reimburse the Contractor for the cost of copies as follows :
I. 50 copies and under -10 cents per page
2 . More than 50 copies -85 cents for the first page plus
fifteen cents for each page thereafter.
SCHEDULE OF COSTS: Add the following to Section C8-8 :
C8-8 . l 5 SCHEDULE COSTS : Following the completion of all work on the Project and prior to
submittal of a request for final payment, the Contractor shall provide a Schedule of Costs to City
for approval which lists all equipment systems, structures, building electrical and HV AC
systems, overhead and project related costs. The items will be grouped into categories using the
Owner 's list of category codes which will be provided by the Owner at the Preconstruction
Conference.
The Schedule of Costs will be used by the City as input to the Capital Assets System, and will
not be considered in preparation of modifications to the Contract. Costs associated with the
preparation and processing of this schedule of costs shall be subsidiary to the price bid .
The Contractor will also provide a projected payment schedu le tied to the project schedule and
the schedule of values which projects the monthly payments through the end of the Project. The
Payment schedule must be submitted along with the first request for payment. This information
is necessary to arrange financing of the Project by the City .
END OF SECTION
Cl-12
PARTD
SPECIAL CONDITIONS
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
PARTD
SPECIAL CONDITIONS
This Part D -Special Conditions is complimentary to Part C -General Conditions and Part Cl -
Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any
provision in Part C-General Conditions and part Cl -Supplementary Conditions to Part C of the Contract are
to be read together. Any conflict between Part C -General Conditions and Part Cl -Supplementary
Conditions of the Contract and this Part D, Part D shall control.
FOR: ROLLING HILLS WATER TREATMENT PLANT
FILTER No. 3 REPAIR PROJECT
D-1 GENERAL
The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents
subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below:
1. Plans
2. Contract Documents
3. Special Conditions
The following Special Conditions shall be applicable to this project and shall govern over any conflicts with
the General Contract Documents under the provisions stated above. The Contractor shall be responsible for
defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date
of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any
part or all of this project which becomes defective due to these causes.
Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents
and General Specifications, with latest revisions, are made a part of the General Contract Documents for this
project. The Plans, these Special Contract Documents and the rules, regulations, requirements, instructions,
drawings or details referred to by manufacturers name, or identification include therein as specifying, referring
or implying product control, performance, quality, or other shall be binding upon the contractor. The
specifications and drawings shall be considered cooperative; therefore, work or material called for by one and
not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required
by all.
Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified
with the Water Department to perform such work in accordance with procedures described in the current Fort
Worth Water Department General Specifications, which general specifications shall govern performance of all
such work.
Part D Special Conditions .doc D-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
Bidders shall not separate, detach or remove any portion, segment or sheets from the contract
document at any time. Failure to bid or fully execute contract without retaining contract documents
intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract
as appropriate as determined by the City Engineer.
D-2 LOCATION AND DESCRIPTION OF PROJECT
The Rolling Hills Water Treatment Plant site is located at 2500 Southeast Loop 820, Fort Worth, TX
76140.
This Contract consists of the furnishing of all the material, equipment, labor and supervision necessary for
the rehabilitation work associated with the Filters No . 2, No. 3, No. 4, No . 15 and No . 16 at the Rolling
Hills Water Treatment Plant. Filter No. J will include complete retrofit of the filter underdrain system. The
other four filters will be modified by removing the existing media support caps from the existing
underdrain blocks and replacing with 12 inches of gravel. The rehabilitation of the filters will require
removal and reinstallation of the existing filter media. Approximately one half of the filter media from
Filter No. 3 has previously been removed and is stored in Filters No. 2 and No . 4. The work to be
performed is as shown on the plans and as described herein .
D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
A. Definitions :
1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority
to self-insure issued by the commission, or a coverage agreement (TWCC-81 , TWCC-82, TWCC-83,
or TWCC-84 ), showing statutory workers' compensation insurance coverage for the person 's or entity's
employees providing services on a project, for the duration of the project.
2 . Duration of the project -includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
3 . Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or
entities performing all or part of the services the contractor has undertaken to perform on the project,
regardless of whether that person contracted directly with the contractor and regardless of whether that
person has employees. This includes, without limitation, independent contractors, subcontractors,
leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation,
or other services related to a project. "Services" does not include activities unrelated to the project,
such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B . The Contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011 ( 44) or all employees of the Contractor providing services on the project,
for the duration of the project.
C. The Contractor must provide a certificate of coverage to the go vernmental entity prior to being warded
the contract.
Part D Special Condition s.doc D-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
D. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
E . The Contractor shall obtain from each person providing services on a project, and provide the
governmental entity:
1. A certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing services on
the project; and
2. No later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the project.
F . The contractor shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
G . The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within ten (10) days after the contractor knew or should have known,, of any change that materially
affects the provision of coverage of any person providing services on the project.
H . The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Worker's Compensation Commission, informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
I. The contractor shall contractually require each person with whom it contracts to provide services on a
project, to:
1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section
401.011 ( 44) for all of its employees providing services on the project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage
showing that coverage is being provided for all employees of the person providing services on the
project, for the duration of the project;
3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
4. Obtain from each other person with whom it contracts, and provide to the Contractor:
a.) A certificate of coverage, prior to the other person beginning work on the project; and
b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project.
Part D Special Conditions .doc D-3 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
5 . Retain all required certificates of coverage on file for the duration of the project and for one year
thereafter.
6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-
(7), with the certificates of coverage to be provided to the person for whom they are providing
services.
8 . By signing this contract or providing or causing to be provided a certificate of coverage, the contractor
is representing to the governmental entity that all employees of the contractor who will provide
services on the project will be covered by worker's compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative, criminal, civil penalties or other
civil actions.
9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy
the breach within ten days after receipt of notice of breach from the governmental entity.
J . The contractor shall post a notice on each project site informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the
Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice
must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall
be in both English and Spanish and any other language common to the worker population . The text for the
notices shall be the following text, without any additional words or changes:
D-4
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction
project must be covered by workers' compensation insurance . This includes persons providing, hauling, or
delivering equipment or materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee."
Call the Texas Worker's Compensation Commission at (512)440-3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report
an employer's failure to provide coverage".
PROJECT DESIGNATION SIGNS
A project sign is not required for this project.
Part D Special Conditions.doc D-4 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
D-5 WAGERATES
The labor classifications and minimum wage rates set forth herein have been predetermined by the City
Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the
prevailing classifications and rates that shall govern on all work performed by the Contractor or any
subcontractor on the site of the project covered by these Contract Documents. In no event shall less than
the following rates be paid (see attached wage rates). When two or more wage rate scales are shown and
wage rates shown in specific classifications are in conflict, the higher wage will be used.
D-6 (NOT USED)
D-7 (NOT USED)
D-8 SUBSTITUTIONS
The specifications for materials set out the minimum standard of quality, which the City believes necessary to
procure a satisfactory project. No substitutions will be permitted until the Contractor has received written
permission of the Engineer to make a substitution for the material, which has been specified. Where the term
"or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment
bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the
purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed
for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed
substitute. Where the term "or equal", or "or approved equal" is not used in the specifications, this does not
necessarily exclude alternative items or material or equipment which may accomplish the intended purpose.
However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact,
equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of
substitutions. The provisions of this sub-section as related to "substitutions" shall be applicable to all sections
of these specifications.
D-9 (NOT USED)
D-10 (NOT USED)
D-11 UTILITIES
The Contractor shall at his expense provide all utility services, including water, electricity, gas, telephone,
etc., as may be required by him for temporary facilities during the construction and testing period. The City
will make provisions for connections to the existing utilities provided that adequate service is available at
appropriate points within the plant site; however, the Contractor shall make all necessary arrangements,
furnish materials , and perform all labor and services for connections and metering. For utility services
received by connections to utility lines owned by the City within the plant, the Contractor will be billed by
the City each month. The City will pay for water power use associated with construction and testing.
D-12 SUBSIDIARY WORK
Any and all work specifically governed by documentary requirements for the project, such as conditions
imposed by Plans, the General Contract Documents or these Special Contract Documents, in which no
specific item for bid has been provided for in the proposal, shall be considered as a subsidiary item of
work, the cost of which shall be included in the price bid in the Proposal for each bid item. Surface
restoration and cleanup are general items of work which fall in the category of subsidiary work.
Part D Special Conditions .doc D-5 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
D-13 RIGHT OF ACCESS
Representatives of the Texas Commission on Environmental Quality (TCEQ), Occupational Safety and
Health Administration (OSHA), and City Code Inspectors shall have access to the project wherever and
whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access.
D-14 OSHA STANDARDS
All work performed under this contract shall meet the requirements of the Occupational Safety and Health
Administration (OSHA).
It is the responsibility of the Contractor to become familiar with the provisions of regulations published by
the OSHA in the Federal Register and to perform all of the responsibilities thereunder.
It is the Contractor's responsibility to see that the project is constructed in accordance with OSHA
regulations and to indemnify and save hannless the City from any penalties resulting form the Contractor's
failure to so perform.
D-15 TIME OF COMPLETION
The Owner desires that all work under this contract be completed, in total, within one hundred thirty-five
(135) Calendar Days. Liquidated damages will be assessed the Contractor for failure to complete
necessary work to meet the Interim Completion, Substantial Completion and Final Completion dates.
Interim Completion is defined as completing the filter repair and rehabilitation work required for Filters
No. 2, No. 3 and No. 4 so that these three filters are complete and operational. Interim Completion shall
be met within seventy-five (75) Calendar Days from Notice to Proceed.
Substantial Completion is defined as completing all filter repair and rehabilitation work required so that all
five of the filters are being modified are complete and operational. Substantial Completion shall be met
within one hundred five (105) Calendar Days from Notice to Proceed.
The time period between Substantial Completion and Final Completion shall be scheduled for project
cleanup and completion of punch list items necessary for finalizing the project and demobilizing from the
site.
In the event the Contractor fails to meet Interim or Substantial Completion dates of the project, as defined
above and in Section 01040, the Owner may withhold at a rate of $1,500.00 per Calendar Day as
Liquidated Damages until such Interim or Substantial Completion is met. In the event the Contractor fails
to complete the Project in total within the time set forth above, the Owner may withhold at a rate of
$500.00 per Calendar Day as Liquidated Damages until the project is completed in total.
Delete the schedule of Liquidated Damages in Section C&-7 .10 of the General Conditions.
Part O Special Conditions .doc D-6 April 2011
-
-
-
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
D-16 INTERPRETATION OF PHRASES
Wherever the words "Directed", "Required", "Permitted", "Designated", "Considered Necessary",
"Prescribed", or words of like import are used on the Plans or in the Specifications, it shall be understood
that they are intended as Specifications, it shall be understood that they are intended as prerogative of the
Owner and/or the Engineer; and, similarly, the words, "Approval", "Acceptable", "Satisfactory", or words
of like import, shall mean approval, etc., by the Owner and/or Engineer.
Wherever in the Specifications or in the Plans for the work the terms or description of various qualities
relative to finish, workmanship, or other qualities of similar kind cannot, because of their nature, be
specifically and briefly described and are customarily described in general terms, the Owner and/or
Engineer shall be final judge as to whether or not the workmanship so described is being performed in
accordance with the intent of the Plans and Specifications the work shall be completed in accordance with
his interpretation of the meaning of such words, terms, or clauses.
D-17 TERMINATION
It is understood and agreed that this contract may be terminated by the City without obligation to the
Contractor, in whole or from time to time in part, whenever such termination is determined by the City to
be in the best interests of the City. Termination may be effected by delivering to the Contractor or his
designated representative a notice of termination, specifying to what extent performance of the work under
the contract is being terminated and the effective date of termination. After receipt of notice of termination
Contractor shall:
1. Stop work specified in the notice on the date and to the extent specified in the notice of termination.
2. Place no further order or subcontract except as necessary to complete work already underway.
3. Terminate all orders and contracts to the extent that they relate to the performance of the work
terminated by the Notice of Termination.
D-18 FINAL INSPECTION
Final inspection shall be in conformance with general condition item "C5-5.18 Final Inspection" of PART
C -GENERAL CONDITIONS.
D-19 FINAL ACCEPTANCE
After construction work is satisfactorily completed, the Owner shall make a final inspection of the project.
The Owner will advise the Contractor if the project has been satisfactorily completed in accordance with
the Plans and Specifications and issue a written statement of final acceptance in accordance with Section
C8-8.7 FINAL ACCEPTANCE OF THE GENERAL CONDITIONS. After final acceptance, the
Contractor shall provide a one-year guaranty in accordance with Section C 3-3.7 BONDS and CS-8.10
GENERAL GUARANTY, of the General Conditions, commencing the date of final acceptance.
D-20 (NOT USED)
Part D Special Conditions .doc D-7 April 2011
-
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
D-21 INTERPRETATION OF REQUIREMENTS
a. Interpretation: Any question as to interpretation of drawings and specifications or any questions
arising after examination of premises must be referred to the Engineer in writing. No
interpretation nor instructions given verbally by any persons will be considered valid.
b. Lack of Understanding: Lack of understanding of Drawings and Specifications or failure to secure
information concerning all conditions will not justify any claims, and extra compensation will not
be made simply because of lack of such knowledge.
D-22 HAZARDOUS AND TOXIC MATERIALS
Insofar as permitted by law, the Owner shall indemnify and hold harmless the Contractor from and against
any and all liabilities, losses, cost, damages and expenses, arising out of use of the materials at the Owners
site which are not under the direct control of the Contractor, including, but not limited to, any and all
liability resulting form personal injury, including death, property liability, at any time, however caused, due
to the presence or release of, or exposure, whether to the person or property injured or otherwise, to any
hazardous or toxic substance, provided, however, that the City liability shall be limited to that established
in Article 6252-19, Texas Revised Code and other applicable State statutes and Constitutional provisions.
D-23 AGE
In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor
covenants that neither it nor any of its officers, members, agents, employees, program participants or
subcontractors, while engaged in performing this contract, shall, in connection with the employment,
advancement or discharge of employees or in connection with the terms, conditions or privileges of their
employment, discriminate against persons because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors,
program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for
employees to work on this contract, a maximum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory
requirement.
Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless
against any claims or allegations asserted by third parties or subcontractors against City arising out of
Contractor's and/or its subcontractor's alleged failure to comply with the above referenced Policy
concerning age discrimination in the performance of this agreement.
D-24 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor
warrants that if any and all of its subcontractors will not unlawfully discriminate on the basis of disability
in the provision of services to the general public, nor in the availability, terms and/or conditions of
employment for applicants for employment with, or employees of Contractor or any of its subcontractors.
Contractor warrants it will fully comply with ADA's provision and any other applicable federal, state and
local laws concerning disability and will defend, indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractor's alleged failure to comply with the above-referenced law concerning disability
discrimination in the performance of this agreement.
Part D Special Conditions .doc D-8 April 2011
-
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
D-25 MINORITY AND WOMEN BUSINESS ENTERPRISES
The Minority and Women Business Enterprise requirements, per the City of Fort Worth Ordinance No.
15530, have been waived and are not applicable for this project.
D-26 BONDS.
A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the
contract price will be required. Reference C3-3.7. The maintenance bond shall be for a two-year period.
D-27 INSURANCE
Property insurance upon the entire work, including materials not in place at the site to the full insurable
value thereof, is required. All Risk Builder's Risk Insurance shall include the interests of the Owner, the
Contractor, Subcontractor and Sub-subcontractors in the work and shall include, but not be limited to, the
perils of fire, lightning, flood, collapse, windstorm, hail, explosion, riot, civil commotion, smoke, aircraft,
land vehicles, vandalism and malicious mischief. The Builder's Risk Insurance shall be endorsed to permit
occupancy prior to completion of construction and prior to acceptance by the Owner. A copy of the
Builder's Risk Policy shall be filed with the Owner and shall include a thirty (30) day notice of
cancellation of policy provision.
D-28 (NOT USED)
D-29 (NOT USED)
D-30 (NOT USED)
D-31 PROJECT SUPERINTENDENTS
The Contractor shall keep a competent resident superintendent at the project site at all times during the
progress of the work. A resume listing the qualifications and experience record of the proposed resident
superintendent, as well as references from similar projects shall be submitted to the Owner, prior to the
award of contract. This resident superintendent, if found to be acceptable, shall not be removed except
under extraordinary circumstances. Qualifications of a proposed replacement shall be submitted when a
request is made for the replacement of the superintendent and shall be approved by the Owner prior to
withdrawing the Superintendent.
During the construction of the project the resident superintendent shall demonstrate an ability to properly
execute the work outlined in the contract documents in a timely manner and shall consistently produce
work of an acceptable quality and in accordance with the contract documents. If the Owner shall have a
reasonable objection to the performance of the resident superintendent, the Contractor shall replace the
resident superintendent upon written notice from the Owner. The resident superintendent shall be replaced
with a superintendent acceptable to the Owner. No extension of time will be allowed for delays caused by
the replacement of a resident representative.
D-32 (NOT USED)
D-33 (NOT USED)
D-34 (NOT USED)
Part D Special Conditions.doc D-9 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
D-35 SANITARY FACILITIES FOR WORKMEN
As set forth in the General Conditions, Section C6-6.4, the Contractor shall provide all necessary sanitary
conveniences for the use of workmen at the project site. The Contractor shall also provide adequate
drinking water facilities. The Contractor and his subcontractors and workmen shall not use the existing
plant sanitary facilities.
D-36 PAYMENT FOR MOBILIZATION OR DEMOBILIZATION
Payments for mobilization and/or demobilization may be approved on periodical estimates for the
percentage completed. The payment for mobilization shall not exceed three and one third (3 1/3 % )
percent of the total contract amount. Demobilization shall equal one half (V:z) the mobilization cost. Total
payment for mobilization and demobilization will be made to the Contractor when each is complete.
D-37 SEQUENCE OF CONSTRUCTION
Prior to the start of any work on the project, Contractor shall meet with the Engineer and develop a
construction schedule and sequence of operation. The construction schedule shall be with appropriate
scheduling software.
D-38 (NOT USE D)
D-39 WARRANTY CERTIFICATES
The Manufacturer shall warrant that all equipment furnished by it hereunder complies in all respects with
the design and specification of this contract and contains no defect of material or workmanship. In the
event of failure of any part or parts of the equipment during the two years of service following final project
completion, due to defects of design, materials, or workmanship, the affected part or parts shall be replaced
promptly upon notice by the Contractor. All replacement parts shall be furnished, delivered and installed
at the expense of the Manufacturer.
All warranty certificates or manufacturer's guarantees, for equipment purchased by the Contractor shall be
issued in the name of the City of Fort Worth.
D-40 LIMITS OF EXTRA COMPENSATION FOR DELAYS
The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and
unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or
material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written
statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be
approved and referred by him to the City Council for final approval or disapproval; and the action thereon
by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer
to stop work, or by the performance of extra work, or by the failure of the City to provide material or
necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent
extension of time, his application for which shall, however, be subject to the approval of the City Council;
and no such extension of time shall release the Contractor or the surety on his Performance Bond from all
his obligations hereunder which shall remain in full force until the discharge of the Contract.
Part D Special Conditions .doc D-10 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
Prevailing Wage Rates
Const ructton Industry (Adopted 6/2010)
Health/
Avg. Hrly
cta~~ification Rate Welfare Pen~ion
Lather Helpec $15.00 $0.00 $0.00
Metal 8uildin!J Assembler $1',.00 $1.56 $0.63
Metill 8uildin!J Assembler H.elper $12.00 $1 .56 $0.63
Painter $12.57 $0.6, $0.02
Painter Helper s,.,s $0.61 $0.02
Pipefitter $21.H so.,o $0.13
Pipefitter Helper $1-4.'2 $0.54 $0.11
Plasterer $17.2-4 $0.05 $0.00
Plasterer Helper $12 .85 $0.05 $0.12.
Plumber $20.33 so.6, $0.12.
Plumber Helper $H.,5 $0.!Hi $0.11
Reinforcin; Steel Setter $13 .01 $0.36 $0.07
Reinforcin; Steel Setter Helper $11.1' S0.25 $0.05
Roofer $16.78 $1 .2!5 $0.23
Roofer Helper $12.33 S1 .25 $0.23
sheet Metal Worker $17.-47 $0.,1 $0.10
:.-heet Metal worker Helper $14.16 $1.40 $0.17
Sprinkler System Installer $1'J.17 $1.64 $0.33
sprinkler ~·stem Installer Helper $H.15 $1.50 $0.00
steel worter Structura! s1,.2s $1 .)7 $0.55
Steel Worker Structural Helper $1J .74 S1.J7 $0 .3'
~oncr,ete Pump $18.50 $0.00 $0.00
!:rane, C!amsheel, Sackhoe, Derrick, D'Line Sho~·el $17.81 S1.JO $0.12
Forklfft $12.,6 $0.42 $0.0'4
Foondation Drill Operator $22.50 $0.00 $0 .00
Front End Loader $U .21 $0.36 S0 .06
!Truck Drh·er $15.21 $0.(i,!i $0 .015
~'/elder $17.81 so.,2 $0.12
~'/elder Helper $12.55 $0 .7!> so .. oo
END OF SECTION
Part D Special Conditions .doc D-16
Total
vacation Pacuiie
$0.00 $15.0C
SO.DO $14.1'
$0.00 $H.1~
$0.()'j $13.37
so .m $10.7C
$0.-45 $22..5~
$0.23 $15.82
$0.00 $17.}C
$0.43 $12. 'i'C
$0.43 $21.!>f
$0.00 $16-42
$0.23 $13.67
$0.16 $11.6•
$0.17 $18.'4]
$0.17 $13 .'l'!
$0.!"1 $1'.0E
$0.44 $16.1!
$0.33 $21.52
$.0.50 $16.01
$0.12 $21.ll
$0.0'j $15.5~
$0.00 $18.!>C
$0.H $1'j .48
$0.oa S1.l .!iO
$0.00 $22..5-0
$0.17 $13 .7~
so.1, $16.11
SO .JO s1,.1•
$0 .J3 $13.6~
April 2011
PARTF
BONDS
Certificate of Insurance
THJS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RJGHTS UPON YOU THE CERTIFICArE HOLDER. THJS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND , OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LJSTED BELOW. POLICY LIMlTS ARE NO LESS THAN THOSE
LISTED ALTHOUGH POLI C IES MAY INCLUDE ADDITIONAL SUBLIMIT/LIM ITS NOT LI STED BELOW .
This is to Certify that I Garney Companies Inc
1333 NW Vivion Road
I Kansas City MO 64118
i
_J
NAME AND
ADDRE SS
OFINS URED
Libert):
Mutual®
is , at the issue date of this certificate, insured by the Co mp any under the policy(ies) li sted below. The ins urance a ffo rded by the li sted polic y(ies) is subject to all their terms, exclus io ns and
Conditions and is not altered by any requirement, term or co ndition of any contract or other document with re s pect to which thi s cenificate may be issued .
E XP DA TE
TYPE OF POLICY
D CONTINU OU S
POLICY NUMBER LIM IT OF LI ABILITY D EXTEN DED
IZJ POLICY TERM
WORKERS WA2-64D-426942-730 COVERAGE AFFORDED UNDER we EMPLOYE RS LlABrLlTY 10 /1/2 0 11 LAW OF THE FOLLOWING STATES:
COMPENSATION AL,AR,AZ,CO,FL,G A ,IA ,KS ,KY , Bodily Intry by Accident
LA,MO ,MS,NE,OK,TN , TX.VA 1 000 000 Eac h Acc ;dent
Bodily Injury By Di sease
$1 000 000 Pn l;r v I ,m ot
Bodily Injury By Disease
$1 000 000 Each Person
COMMERCIAL 10 /1/2 011 TB2-641 -426942-720 General Aggre gate
GENE RA L LI ABILITY $2 000 000
G2J OCCURRENCE Products / Completed Operations Aggregate
$2 000 000
D CLAJMS MADE Each Occurrence
$1 000 000
I
RETRO DATE
I
Personal & Advertising Injury
$1 000 000 Per Person / Organization
oi3r r ieio,000 Me di ca l 00,000 Fi re Legal
A UTOMOBILE 10/1/2011 AS2-641-426942-710 Each Accident-Single Limit
LIA BILITY $1,000 ,000 B.I. And P.O. Combined
0 oWNED
Each Person
G:'.I NON-OWNED Each Accident or Occurrence
0 HIRED Each Accident or Occurrence
OTH E R
ADDITIONAL COM MENT S
See Addendum Attached .
• lf the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date .
NOTI CE OF CANCEL LATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT C~~CEL OR REDUCE THE
INSURANCE AFFORDED UNDER THEABOVEPOLICIESUNTILATLEAST tiU DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAJ LED TO:
fcity of Fort Worth , Texas
Attn : Contract Administrator -Water Department
1000 Throckmorton St.
l:_ort Worth TX 76102
i
St. Louis/ 0442
12250 Weber Hill Road
St. Loui s MO 6312 7
_J OFFICE
Liber ty Mutual
In suran ce Group
AUTHORJZED REPRESENTATIVE
80 0-392-92 23 5/16/2011
PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as res pects such insu rance as is afforded by those Com panies NM 772 07-l 0
LDI CO i 268896 02 11
CERTIFICATE -ADDENDUM
NAMED INSURED
Garney Companies Inc
1333 NW Vivion Road
Kansas City MO 64118
CERTIFICATE HOLDER 5/16/2011
City of Fort Worth , Texas
Attn : Contract Administrator -Water Department
1000 Throckmorton St.
Fort Worth TX 76102
RE : Rolling Hills Water Treatment Plant -Filter No . 3 Repairs Project , Garney Project #4366
The City of Fort Worth , Texas, its officers , employees , and servant are additional insured under the General Liability
and Automobile Liability policy if required by a written contract with the Named Insured, but only for the coverage and
limits provided by the policy and the additional insured endorsement.
Created at www .eCertsONLINE.com IV-AD2 (2002)
City of Fort Worth
Ro lli ng Hills WTP
Filter No. 3 Repair Proj ect
CONTRACTOR COMPLIANCE WITH
WORKER 'S COMPENSATION LAW
Pursuant to Article 8308-3 .23 of Vernon 's Annotated Civil Statutes , Contractor certifies
that it provides worker's compensation insurance coverage for all of its employees
employed on City of Fort Worth project
Rolling Hills Water Treatment Plant
Filter No. 3 Repair Project
STATE OF TEXAS-~Sct.S D
COUNTY OF lAARAN"l' .J~f\S<w\. D
By:
SALLY J. MILLER
Notary Public-State of Kansas
My Appt. Expires / -(xJ , 15
Title
Date
BEFORE ME , the undersig ed authority, on this day personally appeared
12-, known to
me to be the person whose name is subscribed to the foregoing instrument , and
acknowledge to me that h execut d the same as the act and deed of
" ----------'--=~..-,,___..----1.,,.c.==t:"1=-.l..J<..:2c,..._-=,~..,__ _________ , for the
purposes and considerations therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /l(fh_ day of M(u f . 20 1 l . •
c.5~~-&~1
Notary Pub ifc in and for the State of-+e)(;as ~ S cc;..
(a) Contractor agrees to provide to the City a certificate showing that it has obtained
a policy of workers compensation insurance covering each of its employees on
the project in compliance with state law . No Notice to Proceed will be issued
until the Contractor has complied with this section .
(b) Contractor agrees to require each and every subcontractor who will perform work
on the project to provide to it a certificate from such subcontractor stating that
the subcontractor has a policy of workers compensation insurance covering each
employee employed on the project. Contractor will not permit any subcontractor
to perform work on the project until such certificate has been acquired.
Contractor shall provide a copy of all such certificates to the City.
Workers Comp WC -I April 2011
PERFORMANCE BOND
§ THE STATE OF TEXAS
COUNTY OF TARRANT
§ KNOW ALL BY THESE PRESENTS:
§ National Fire fund No: 58683520
Llberty fund No: 6740175&3
That we, (1) Garney Co-es, Inc.
National Fire Insurance y of Hartford and
as Principal herein,
and (2) Ll.berty Mutual Fire Insurance Conpany, as Co-Sureties a corporation
IL & WI,
organized under the laws of the State of (3) respectively , and who is authorized to issue
surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort
Worth, a municipal corporation situated in Tarrant, Denton , Parker and Wise Counties, Texas,
Obligee herein, in the sum of one hundred ninety-nine thousand Dollars($ 199,000.00 ) for
the payment of which sum we bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a certain written contract with the Obligee dated
the _lft_day of M~y , 20J_j_, a copy of which is attached hereto and made a part
hereof for all purposes , for the construction of Rolling Hills Water Treatment Plant -
Filter No. 3 Repair Project
NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall
faithfully perform the work in accordance with the plans, specifications, and contract documents
and shall fully indemnify and hold harmless the Obligee from all costs and damages which
Obligee may suffer by reason of Principal' s default, and reimburse and repay Obligee for all
outlay and expense that Obligee may incur in making good such default, then this obligation
shall be void; otherwise, to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Go vernment Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of such statute, to the same extent as if it were copied at length
herein.
National Fire Insurance Company of Hartford
CNA Plaza
Chicago , IL 60685
312/775-7276
Liberty Mutual Fire Insurance Company
450 Plymouth Road , Suite 400
Plymouth Meeting , PA 19462
Ph 610/832-8240
IN WITNESS WHEREOF , the duly authorized representatives of the Principal and the
Surety have executed this instrument.
SIGNED and SEALED this f ) 'Y~ day of_~r(\~&~4-----' 2o lL_.
ELIZABETH A. GARDNER I ~ 4 NOTARY PU BLIC , STATE OF KANSAS ! ~ MY COMM. EXP . ~LOI
Garney Canp:mies, Inc.
(Principal) Secretary
(SE AL)
(SE AL)_
Title:
Address: \3>~D Q Q ~~U\J._ eow
\Lc,,.,...,:t~:z QA, MD
National Fire Insurance Qmpany of furtford and
Liberty Mutual Fire Insurance Qmpany
SURETY
By: Ofvu,k; ~~ tu«t-
Name: Linda L. Nutt
Attorney in Fact
THOMAS MCGEE, L.C.
Address: 920 MA.IN ST,, STE. 1700
~~-
-Witness as to Surety ~
KANSAS CITY. MO 84105
S 18!842/4800
--...... ....
' --,,,..,,_""'~ .......
~ ..... __ ... ;,,.._ .........
-.... .-.
-: --NoTC ~ -... ..-...:._ ::
_::::::::,f ---~ -.
... '~
-, _ .... --::::: --..:: ..... ---
-, ....... -., ... ,.. -.,..,,....,...,..,..:--...........
Telephone Number: _____ _
(1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated . In addition, an original copy of
Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company , and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called
"the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago , and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint
Linda L. Nutt , Individually
of Kan sas City, MO their true and lawful Attorney(s)-in-Fact with full power and author ity hereby conferred to sign , seal and execute
for and on their behalf bonds, undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts -
Surety Bo nd Number: 5868 3 620
Principal : Garney Companies, Inc .
Obligee: C ity of Fort W o rth
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and
all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions , printed on the reverse hereof, duly
adopted, as indicated , by the Boards of Directors of the insurance companies .
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 20th day of January, 2011 .
Contin ent al Casualty Company
N ational Fire ln suran ce Company of Hartford
A meri can Cas ualty Co mpany of Readin g, Pennsylvani a
22\ ·r:~
Stath y D arcy ~~
State of Illinois, County of Cook , ss :
On this 20th da y of January , 2011 , before me personally came Stathy Darcy to me known, who, being by me duly sworn, did depose and say: that
she resides in the City of Glenview, State of Illinois ; that she is a Senior Vice President of Continental Casualty Company, an Illinois insurance company,
National Fire Insurance Company of Hartford , an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a
Pennsylvania insurance company described in and which executed the above instrument; that she knows the seals of said insurance companies; that the
seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said
insurance companies and that she signed her name thereto pursuant to like authority , and acknowledges same to be the act and deed of said insurance
companies.
M y Commission Expires September 17, 2013
c~@kL
Eli za Pric~ N otary Public
CERTIFJCA TE
I, Mary A. Ribikawskis , Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford , an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby
certify that the Power of Attorney herein abo ve set forth is still in force , and further certify that the By-Law and Resolution of the Board of Directors of
the insurance companies printed on the reverse hereof is still in..f~rce. In testimony whereof! have hereunto subscribed my name and affixed the seal of
the said insurance companies this /9 day of {Vlr y , lo J / .
Form F6853 -l /201 l
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
kis Assistant Secretary
A uthorizi ng By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS Of CONTINENTAL CASUALTY COMPANY :
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX-Execution of Documents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors , the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of
Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting dul y called and held on the 17th day of February, 1993 .
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article lX of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall, with respect to any bond or undertaking to which it is attached , continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING , PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Artic le VI-Execution of Documents
Section 3 Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President
may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of
authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President or the Board of Directors may at any time
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17th day ofFebruary, 1993 .
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall , with respect to any bond or undertaking to which it is attached , continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article VII -Exec ution of Docum ents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President
may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of
authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors, may, at any time,
revoke all power and authority previously given to an y attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Insurance
Company may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Insurance Company may be affixed by facsimile to any certificate of
any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Insurance Company. Any such
power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Insurance Company."
2520317
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, Interest rate or residual value
guarantees. To confirm the validity of this Power of Attorney call 610-832-8240 between 9:00 am and 4:30 pm EST on any business day.
LIBERTY MUTUAL FIRE INSURANCE COMPANY
WAUSAU, WISCONSIN
POWER OF ATIORNEY
KNOW ALL PERSONS BY THESE PRESENTS : That Liberty Mutual Fire Insurance Company (the "Company"), a Wisconsin stock insurance
company, throut its Assistant Secretary , pursuant to and by authority of the Board of Directors hereinafter set forth, does hereby name, constitute
and appoint .... !P..~~.h,.N!-!~1-........................................................................................................................................................................................... ,
its true and lawful attorney-in-fact, with full power and authority hereby conferred to sign, execute and acknowledge , at any location within the United
States, the following surety bond :
Principal Name: Garney Companies , Inc .
Obligee Name: City of Fort Worth
LMS Surety Bond Number: 674017588 Bond Amount: See Bond Form
That this power is made and executed pursuant to and by authority of the following Unanimous Consent and Vote of the Board of Directors dated June
28, 2006 wherein, among other things, it was :
VOTED that the Secretary and each Assistant Secretary be, and each of them is, authorized to execute powers of attorney qualifying the attorney
named in the given power of attorney to execute on behalf of the Company surety undertakings, bonds, recoginzances and other surety
obligations ; and that the Secretary and each Assistant Secretary be, and each or any of them hereby is, authorized to attest to the execution
of any such power of attorney, and to affix thereto the corporate seal of the Company.
That the Resolution set forth above is a true copy thereof and is now in full force and effect.
IN WITNESS WHEREOF , this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Fire Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this ~day of MARCH , 2009 .
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
LIBERTY MUTUAL FIRE INSURANCE COMPANY
By ________________ _
Garnet W. Elliott, Assistant Secretary
On this ~day of MARCH , 2009 , before me, a Notary Public, personally came Garnet W . Elliott, to me known , and acknowledged that he is
an Assistant Secretary of Liberty Mutual Fire Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of
Attorney and affixed the corporate seal of Liberty Mutual Fire Insurance Company thereto with the authority and at the direction of sa id corporation .
Teresa Pastella. Notary Public
Plymouth Twp .• Montgomery County
My Commission Expires March 28, 2013
Member. Pennsylvania Association of Notaries By~~
Teresa Pastella, Notary Public
CERTIFICATE
I, the undersigned, an Assistant Secretary of Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the
foregoing is a full , true and correct copy , is in full force and effect on the date of this certificate ; and I do further certify that the officer or official who
executed the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoin t attorneys-in-fact as
provided in the Unanimous Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated June 28, 2006 .
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board
of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated June 28 , 2006
wherein it was
VOTED that the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating
thereto by facs imile , and any such power of attorney or certificate ooaring,such facsimile signature and facsimile seal shall be valid and
binding upon the Company when so affixed and in the future with resRecLto any-s ure ty undertakings, bonds , recognizances and other surety
obligations to which it is attached.
IN TESTIMONY WHEREOF, I have hereunto
/IA,'/ ' i..o,t.
, a day of
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
KNOW ALL BY THESE PRESENTS:
National Fire Bond No: 58683520
Llberty Bond No: 674017588
That we , (l ), Garney Companies, Inc.
National Fire Insurance Canµ:my of Hartford and
as Principal herein,
and (2) Uberty Mutual Fire Insurance Ca:np-my, as Ca:Snreties a corporation
1L & WI
organized and existing under the laws of the State of (3) respectively , as surety, are held
and firmly bound unto the City of Fort Worth , a municipal corporation situated in Tarrant,
Denton, Parker and Wise Counties, Texas, Obligee herein , in the amount of one hundred
ninety-nine thousand Dollars($ 199,000 .00 ) for the payment whereof, the said Principal
and Surety bind themselves and their heirs , executors , administrators , successors and assigns ,
jointly and severally, firmly by these presents :
WHEREAS , the Principal has entered into a certain written contract with the Obligee
dated the --11L_day of Mey , 20JL, which contract is hereby referred to and
made a part hereof as if fully and to the same extent as if copied at length , for the following
project: Rolling Hills Water Treatment Plant -Filter No. 3 Repair Project
NOW, THEREFORE , THE CONDITION OF THIS OBLIGATION IS SUCH , that if the
said Principal shall faithfully make payment to each and every claimant (as defined in Chapter
2253 , Texas Government Code, as amended) supplying labor or materials in the prosecution of
the work under the contract , then this obligation shall be void ; otherwise, to remain in full force
and effect.
PROVIDED , HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Government Code, as amended , and all liabilities on this bond shall be determined in
accordance with the provisions of said statute , to the same extent as if it were copied at length
herein.
National Fire Insurance Company of Hartford
CNA Plaza
Chicago , IL 60685
3 12/77 5-72 76
Liberty Mutual Fire Insurance Company
450 Plymouth Road , Su ite 400
Plymouth Meeting , PA 19462
Ph 610/832-8240
IN WITNESS WHEREOF , the duly authorized representatives of the Principal and the
Surety have executed this instrument.
SIGNED and SEALED this / It± day of_Y\r\'----'--...... ~=-----' 201.L.
ATTEST:
El IZABETH A. GARDNE~NSl>sl e 4 NOTARY pusuc . s1A1~0!1'::L-20·1\!./, ~ MY COMM . EXP. t
k~/1/a
(Principal) Secretary
(SE AL)
(SE AL)
~~oZ0'~
_ Wttness as to Surety
Garney Canpanies, Inc.
National Fire Insurance Canµmy of Hartford
and Ll.'!Erty Mutual Fire Insurance Canµmy
SURETY
By : (JJJ!lAdtv t\v Id~
Llnda L. Nutt Name : _________ _
Attorney in Fact
Address : ~r-H-o_M_A_S_M_C .... G .... e-e~, LC~.-
920 MAIN ST., SI E. 1700
KANSAS CITY, MO 64105
Telephone t-!JM~IP.4_80_0 __ _
(1) Correct name of Principal (Contractor).
. -·--' .2 --:.:..-... ' .... """ ... _ .......... .... ___ .............. ...
(2) Correct name of Surety .
(3) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of
Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That Continental Casualty Company, an lllinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called
"the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois
and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint '
Linda L. Nutt , Individually
of Kansas City, MO their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute
for and on their behalf bonds, undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts -
Surety Bond Number: 586 83620
Principal: Garney Companies , Inc.
Obligee: City of Fort Worth
and to bind them thereby as fully and to the same extent as if such instruments were signed by a dul y authorized officer of their insurance companies and
all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the insurance companies.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 20th day of January, 2011.
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading , Pennsylvania
State of Illinois , CountyofCook, ss:
On this 20th day of January, 2011, before me personally came Sta thy Darcy to me known, who, being by me duly sworn, did depose and say: that
she resides in the City of Glenview, State of Illinois; that she is a Senior Vice President of Continental Casualty Company, an Illinois insurance company,
National Fire Insurance Company of Hartford , an Illinois insurance company, and American Casualty Company of Reading , Pennsylvania, a
Pennsylvania insurance company described in and which executed the above instrument; that she knows the seals of said insurance companies; that the
sea ls affixed to the said instrument are suc h corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said
insurance companies and that she signed her name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance
companies.
M y Commission Expires September 17, 2013
c~@kd
Eli za Pric~ N otary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company , an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania , a Pennsylvania insurance company do hereby
certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of
the insurance companies printed on the re i'frse hereof is still in force . In testimony whereof! have hereunto subscribed my name and affixed the seal of
the said insurance companies this / u day of M t'-/ , Z-DI J . ,
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
kis Assistant Secretary
Form F6853-1 /20 I 1
A uthorizin g B y-Laws and Resol u tions
ADOPTED BY THE BOARD OF DIRECTO RS OF CONTINENTAL CASUA LTY CO MPA NY :
Thi s Power of Attorney is made and executed pursuant to and by auth or ity of th e following By-Law dul y adopted by th e Boa rd of Directors of the
Company .
"Article IX-Exec ut io n of Docu ments
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Boa rd o f Directors, the Presi dent or any Executive, Senior or Group Vice
President ma y, from time to time , appoint by written certificates attorneys-in-fact to act in behalf of the Compan y in the execution of policies of
insurance, bond s , undertakin gs and other obli ga tory ins truments of like nature. Such a ttorneys-in -fact, su bject to the limitati on s set forth in their
respective ce rtifi cates of aut horit y, sha ll ha ve full powe r to bind th e Co mpan y by th e ir signature and execu ti on of any such instruments and to attach the
seal of the Compan y thererto . Th e Chairm an of the Boa rd of Direc tors, th e Pre si dent or any Executive, Se ni or or Group V ice Preside nt or the Board of
Director s, ma y, at any time , revoke a ll powe r and a uth or ity previously give n to an y attorne y-in-fa ct."
This P ower of Attorney is signed and sealed by facs imile und er and by the auth ority of th e following Re so luti on adopted by th e Board of Directors of the
Compan y at a meeting dul y called and held on the 171
h da y of February, 1993 .
"Resolved , that the signat ure of th e Pre s ident or any Executive , Senior or Group Vice President and the seal of th e Co mpany may be affixed b y
facsimile on any p ower of attorne y granted pursua nt to Section 3 of Articl e lX of th e By-L aws , and the signature of the Secretary or an Assistant
Secretary and the seal of the Co mpan y ma y be affixed by fac s imil e to an y certificate of any such power and an y power or certificate bearing such
facsimile signature and sea l shall be va lid and b indin g on th e Company . An y such power so exec ut ed and sealed and certified by certificate so executed
and sea led sha ll , with re spect to an y bond or und ertakin g to whi ch it is attached , continue to b e va lid and binding on th e Company ."
ADOPTED BY TI-IE BOARD OF DIRECTORS OF AMERICAN CASUALTY COM PANY OF REA DIN G, PENNSYLVANIA:
Thi s P ower of Attorney is made an d executed purs uant to and by authority of the following By-Law dul y adopted by the Board of Directors of th e
Company .
"A rt icle VI-Execution of Docu ment s
Section 3 Appo int ment of Attorn ey-in -Fact. The Chairman of th e Board of Directors, the Pr esi dent or any Executive or Senio r Vice Preside nt
may, from time to time, appoint by written certifi ca tes attorneys-in -fact to ac t in behalf of the Compa ny in the executi on of po licies of insurance, bonds,
undertakings and oth er obli gatory ins trwnents of like nature . Such attorneys-in-fact, s ubject to th e limitations set forth in their respective certificates of
authority, shall have full power to bind th e Com p any by their s ignature and executi on of any such inst ruments and to attach the seal of the Co mpa ny
thereto . The Chairm an of the Board of Directors, the Pre sident or any Executive or Senior Vice Pr esi de nt or the Board of Direc tors may at any time
revoke all power and authority prev iousl y given to any atto rne y-in -fac t."
Thi s Power of Attorney is signed and sea led b y facsimile under and by the authority of th e following Reso lution ad opted by th e Board of Directors of th e
Comp a n y at a m eetin g duly ca ll ed and held on th e I 7'h da y offebruary, 199 3.
"Resolved , th at the signature of the Pre s ident or an y Executive, Senior or Gro up Vice President and the seal of the Company may be affixed b y
fac si m ile on any p ower of attorn ey granted pursu ant to Section 2 of Article VI of th e B y-Laws, and th e signature of the Secretary or an Assistant
Secretary and the sea l of th e Com pany may be affixed b y facsimile to any certificate of an y s uch p ow er and any power or certificate bearing s u ch
facsimile signature and sea l shall be valid and binding on the Company . An y such p ower so exec uted and sealed and certifi ed by certificate so executed
and sealed shall , w ith res p ec t to any bond or undertaking to which it is attached, cont inu e to be va lid and binding on the Company."
ADO P TED BY THE BOARD OF DIR ECTO RS OF NAT IONAL FIR E INSU RAN CE COMPA NY OF HAR TFO RD :
This Power of Attorne y is made and executed pursuant to and by authority of the fo ll owing By-Law duly ad opted by th e Board of Directors of the
Compan y.
"A rti cle VII-Exe cution of Doc um ents
Section 3 . Appoi ntm ent of Attorney-in-Fact. The Chairman of the Board of Directors, the Pre s ident or any Executive or Senior Vice President
may, from time to time , appoint by written certifi ca te s attorneys -in-fa ct to act in behalf of the Co mpan y in the executi on of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature . Such attorne ys-in -fact, subject to the limitations set forth in their respective ce rtificates of
a uthority shall have full power to bind the Company by their signature and executi on of an y such instrumen ts and to attach the s eal of the Company
thereto. The Chairman of the Bo ard of Directors , the Pre sident or any Executive, Senior Vi ce Pre sident or the B oa rd of Directors , ma y, at any time,
revoke all power and au th ority prev iousl y g iven to any attorney-in-fact."
Thi s Power of Attorney is s ig ned and sealed b y facsimile under and by the auth ority of the following Re so lution ad op ted by the Board of Directors of th e
Compan y at a meeting dul y ca ll ed and held on the 17•h da y of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice Pres ident or an y Senior or Group Vice President and the s eal of the Insurance
Co mpany may be affixed by facsimile on any pow er of attorney granted pursuant to the Reso luti on adopted by thi s Boa rd of Directors on February 17,
1993 and the sig nature o f a Secreta ry or an A ss istant Secretary and th e seal of the In surance Co mpan y may be affixed b y facsimile to any certificate of
any such po wer , and any power or certificate bearing such facsimile signature and sea l shall be valid and binding on the Insurance Company. Any such
power so executed and sea led a nd c e1tified by certificate so executed and sea led , sh all with re sp ect to any bond or undertakin g t o which it is attached ,
continue to be va lid and bindin g on the In surance Co mpan y."
2520317
This Power of Attorney limits the acts of those named herein , and they have no authority to b i nd the Company except in the manner and to
the extent herein stated . Not valid for mortgage , note, loan, letter of credit, bank deposit, currency rate , interest rate or residual value
guarantees. To confirm the validity of this Power of Attorney call 610 -832-8240 between 9:00 am and 4:30 pm EST on any business day.
LIBERTY MUTUAL FIRE INSURANCE COMPANY
WAUSAU, WISCONSIN
POWER OF ATIORNEY
KNOW ALL PERSONS BY THESE PRESEN TS: That liberty Mutual Fire Insurance Company (the "Company"), a Wisconsin stock insurance
company, throut its Assi stant Secretary , pu rsuant to and by auth ority of the Board of Di rectors hereinafter set forth , does hereby name, constitute
and appoint .... !r..~~ .. 1,,,.N~~, ............................................................................................................................................................................................ ,
its true and lawful attorney-in -fact . with full power and authority hereby conferred to sign , execute and ac know ledge , at any location within the United
States. the following su rety bond :
Principal Name : Garney Companies , Inc .
Obligee Name : City of Fort Worth
LMS Surety Bond Number: 674017588 Bond Amount: See Bond Form
That this power is made and executed pursuant to and by authority of the following Unanimous Cons ent and Vote of the Board of Directors dated June
28, 2006 wherein , among oth er things , it was :
VOTED that the Secretary and each Ass istant Secretary be , and each of them is , authorized to execute powers of attorney qualifying the attorney
named in the given power of attorney to execute on behalf of the Company surety undertakings , bonds , recog inzances and other surety
obligations ; and tha t th e Se cretary and each Assistant Secretary be, and ea ch or any of them hereby is , authorized to attest to the execution
of any such power of attorney, and to affix thereto the corporate seal of the Company .
That the Resolution set forth above is a true copy thereof and is now in full force and effect.
IN WITNESS WHEREOF , th is Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
liberty Mutual Fire Insura nce Company has been affixed there to in Plymouth Meeting, Penn sylvan ia th is ~day of MARCH , ~.
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGO MER Y
LIBERTY MUTUAL FIRE INSURANCE COMPANY
By ________________ _
Garnet W. Elliott , Assistant Secretary
On this ~day of MARCH , 2009 , before me , a Notary Publi c, personally came Gamet W . Elliott, to me known , and acknowledged that he is
an Assistant Secretary of Liberty Mutual Fire Insurance Company ; that he knows the seal of sa id corporation ; and that he executed the above Power of
Attorney and affixed the corporat e seal of Liberty Mutual Fire Insurance Company thereto with the authori ty and at the direction of said corporation.
IN TESTIMONY WH~ave hereunto subscribed my name and affi xed my notarial seal at Pl ymouth Meeting , Pennsylvania, on the day and year ,-;~ r
first above written~~ ~l'/ION We ~ COMMONWEALTH OF PENNSYLVANIA
J.-. c,o -1(__. ('
:,: y
CERTIFICATE
Notarial Seal
Teresa Pastella, Notary Publ ic
Plymouth Twp., Montgomery County
My Commission Expir es March 28, 2013
M e mbe r, Pennsylvania A ssoc1at1on of N o tari es By~~
Te resa Pastella , Notary Public
I, the undersigned , an Assistant Secretary of Liberty Mutual Fire Insurance Company , do hereby certify that the original power of attorney of which the
fo regoing is a full , true and corre ct copy , is in full force and effect on the date of this certificate ; and I do further certify that the officer or official who
executed the sa id power of attorney was one of the officers or officials specially authorized by the Board of Directors to appo int attorneys-in-fact as
provided in the Unan imo us Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated June 28 , 2006 .
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board
of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated June 28, 2006
wherein it was
VOTED that the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relat ing
thereto by facs imile , and any such power of attorney or cert ifica te bearing such facsimile signature and facsimile seal shall be valid and
binding upon the Company when so affixed and in the futv re wi th ~cHo any surety undertakings , bonds , recognizances and other surety
obligations to which it is attached . ·· ---····· • •
IN TES11lv10NY WHEREOF , I have hereunto subscribed l""Y . zc ti .
_/_~_ day of
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL BY THESE PRESENTS :
§
§
§
MAINTENANCE BOND
National Fire Bond No: 58683520
Llberty Bond No: 674017':ffl
That Garney Cmanies,,,}_Q_<L ("Contractor"),
National Fi r e Insurance 1 .. .anpany of Hartf ord and
as principal , and , Ll berty Mutual Fire Insruance Cgnpgny a corporation organized under the laws of the
State of JL & WI, respectively , ("Surety"), do hereby acknowledge themselves to be held and bound to
pay unto the City of Fort Worth , a Municipal Corporation chartered by v i rtue of Constitution and laws
of the State of Texas , ("City") in Tarrant County, Texas , the sum of one hundred ninety-nine
thousand Dollars ($ 199,000.00 ), lawful money of the United States , for payment of which
sum well and truly be made unto said City and its successors , sa id Contractor and Surety do hereby
bind themselves , their heirs , executors , administrators , assigns and successors, jointly and severally.
This obligation is conditioned , however, that:
WHEREAS , said Contractor has th is day entered into a written Contract w ith the City of Fort
Worth , dated the ~ of Mey , 20_!.l_, a copy of which is hereto attached and made a
part hereof, for the performance of the following described publ ic improvements:
Rolling Hills Wate r Treatment Plant -Filter No . 3 Repair Project
------------------· the same be ing referred to herein and in said
contract as the Work and being designated as project number(s ) ___________ and
sa id contract , including all of the specifications , conditions , addenda , change orders and written
instruments referred to there in as Contract Documents being incorporated herein and being made a
part hereof; and ,
WHEREAS , in said Contract, Contractor binds itself to use such materials and to so construct
the work that it will remain in good repair and condition for and during a period of after the date of the
final acceptance of the work by the City; and
WHEREAS, said Contractor binds itself to maintain sa id work in good repair and
condition for sa id term of Two (2) years ; and
WHEREAS , said Contractor binds itself to repair or reconstruct the Work in whole or in
part at any time within said period , if in the opinion of the Director of the City of Fort Worth
Water Department, it be necessary; and ,
Natio na l Fire Ins urance Company of Ha rt ford
CN A Pl az a
Chicago , IL 60685
312/77 5-7276
Li be rt y Mutu al Fire Insura nce Compa ny
450 Ply mo uth Ro ad , Suite 400
Plym outh Meet i ng , PA 19462
Ph 6 10/832 -8240
WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to
repair or reconstruct said Work as herein provided .
NOW THEREFORE , if said Contractor shall keep and perform its said agreement to
maintain , repair or reconstruct sa id Work in accordance with all the terms and conditions of said
Contract, these presents shall be null and void, and have no force or effect. Otherwise, this
Bond shall be and remain in full force and effect , and the City shall have and recover from
Contractor and Surety damages in the premises as prescribed by said Contract.
This obligation shall be a continuing one and successive recoveries may be had hereon
for successive breaches until the full amount hereof is exhausted .
IN WITNESS WHEREOF , this instrument is executed in __ 4 __ counterparts , each of
which shall be deemed an ori inal , this \ \~a of ~ , A.O . 20 \ \
,l '
ELIZABETH A. GARDNER I ~ NOTARY PU BLIC, STATE OF KANSAS
ATTEST : MY COMM . EXP. ~2 OI
(SE AL)
A':At.dla
Secretary
..... _ ._
/' .
Name :_---1LJ.J..-........ -==~~!::3,==.==----
Title : ----""~::.3oo-Jµl::::.S...~'-==-=--
National Fire Insurance Canpgny of Hartford and
Ll.berty Mutual Fire Insurance C'.anrany
Surety
Name: _ ____;;;Lin=· =da..;;.;_;;;L=·.....;;Nu==-tt;:;__ ______ _
T itle : Attorney-in-Fact
Address
11-lOMAS MCGEE , LC .
920 MAIN ST .g STE. 1ffl0
KANSAS CITY, MO 64106
81 57 84.2/4800
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, Th at Cont inental Casualty Company, an lllinois insurance company, National Fire Insurance Company of
Hartford , an Illinois insurance company, and American Casualty Compan y of Reading , Pennsylvania , a Pennsylvania insurance company (herein called
"the CNA Companies "), are duly organized and existing insurance companies having their principal offices in the City of Chicago , and State of Illinois
and that they do by virtue of the signatures and seals herein affixed hereby make , constitute and appoint '
Linda L. Nutt , Individually
of Kan sas C ity, M O their true and lawful Attomey(s )-in-Fact with full power and authorit y hereby conferred to sign , seal and execute
for and on their behalf bond s, undert aking s and other obli gatory in strument s of similar nature
-In Unlimited Amounts -
Surety Bond Number : 5868 3620
Principal : Garn ey Co mpanies, Inc.
Obligee : C ity of Fo rt W orth
and to bind them thereby as full y and to the same extent as if such instruments were signed by a dul y authorized officer of their insurance companies and
all the acts of said Attorney , pursuant to the authorit y hereby given is hereby ratified and confirmed .
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly
adopted , as indicat ed, by the Boards of Directors of the insurance comp anies.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 20th day of January , 2011.
Contin ental Cas ualt y Compan y
at ion al F ir e In suran ce Company of Hartfo rd
A meric an Cas ualty Compan y of Readin g , P enn sylvania
State oflllinois , County of Co ok, ss:
On this 20th da y of January, 2011, before me personall y came Stathy Darcy to me known, who , being by me duly sworn , did depose and say : that
she resides in the City of Glenview, State oflllinois ; that she is a Senior Vice President of Continental Casualty Company, an Illinois insurance company,
National Fire Insurance Company of Hartford, an Illinois in surance company, and Am erican Casualty Company of Reading, Pennsylvania, a
Pennsylvania in surance company described in and which executed the above instrument; that she knows the seals of said insurance companies; that the
seals affixed to the said instrument are such corporate seals ; that they were so affixed pursuant to authority given by the Boards of Directors of said
in surance companies and that she signed her name thereto pursuant to like authority, and ackno wledges same to be the act and deed of said insurance
companies .
CfF1CIAL SEAL
BJZAPRICE
WJT/llf'I 1"1-.c-lTATI <S ~
ll'f CCll-»illf'M:OW1711)
My Commi ss ion Expires Septemb er 17, 20 13
c~@~
E li za Pri c~ Notary Public
CERTIFICATE
I, Mary A. Ribikaw skis , Assistant Secretary of Continenta l Casualty Company, an Illinois insurance company, National Fire Insurance Compan y of
Hartford , an lllinois insurance company, and American Casualty Company of Reading , Pennsylvania , a Pennsylvania insurance company do hereby
certify that the Power of Attorney herein above set forth is still in force , and further certify that the By-Law and Resolution of the Board of Direc tors of
the in surance companies printed on the reverse hereof is still in force. In testimony whereofl have hereunto subscribed my name and affixed the seal of
the said insurance comp anie s this / £> day of fo'1 '"7 , Z o I I .
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
kis Assistant Secretary
Form F 685 3 -1 /201 l
A uthori zin g B y-L aws an d Reso lu tio ns
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
Th is Power of Attorney is made and executed pursuant to and by auth ority of th e following By-Law duly adopted b y the B oa rd of Directors of the
Compan y.
"Article IX-Exec ut io n of D oc ume nts
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors , the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attorneys -in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakin gs an d oth er obligatory instruments of like nature . Such attorneys-in-fact, s ubject to the limi tations set forth in their
respective certificates of authority , shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company th erert o. Th e Chairman of the Board of Directors , the Pr esi dent or any Executive, Senior or Group Vice President or the Board of
Directors, may, at any time , rev oke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Reso luti on adopted by the Board of Directors of the
Company at a meetin g dul y ca lled and held on the 171
h da y of February, 1993.
"Resolved , that tJ1 e signat ure of the President or any Executive, Senior or Group Vice Presi dent and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursua nt to Section 3 of Article lX of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affi xe d by facsimil e to any certificate of any such power and any power or certificate bearing such
facsimile signature and sea l shall be valid and binding on the Compa ny . Any such power so executed and sealed and certified by certificate so executed
and sealed sha ll , with re spect to any bon d or undertakin g to which it is attached, continue 10 be va lid and binding on the Company ."
ADO PTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COM PA NY OF READING , PENNSYLVANlA :
Thi s Pow er of Attorney is made and executed pursuan t to and b y authority of the following By-Law duly adopted by the Board of Directors of the
Company .
"A rticl e VI-Executi on of Docu ments
Section 3 Appointment of Attorney-i n-F act. The Cha irman of the Board of Directors, the President or any Executive or Senior Vice President
ma y, from time to time, appoint by written certifi cates attorneys-in-fact to act in behalf of the Company in the execution of polic ies of insurance, bonds,
undertakings and other obligatory instrumen ts of like nature . Such attorneys-in-fact , subject to the limitations set forth in their respective certificates of
authority, shall have full power to bind the Com pany by their s ignature and execution of any such instruments and to attach the seal of the Company
thereto . The Chairman of the Board of Directors, the President or any Executive or Senior Vice Presi dent or the Board of Directors may at any time
revoke all powe r and authority previo us ly given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of th e following Res o lution adopted by the Board of Directors of the
Company at a meeting duly called and held on the l 7'h day ofFebruary, 1993 .
"Resol ved, that th e signa ture of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed b y
facsimile on any pow er of atto rney granted pursuant to Section 2 of Arti cle V I of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of an y such power and any power or certificate bearing such
facsimile signature and seal shall be va lid and binding on the Company. An y such power so executed and sealed and certified by certificate so executed
and sealed shall , with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIR ECTORS OF NATlONAL FIRE INSURANCE COM PA NY OF HARTFORD :
This Power of Attorney is made an d executed pursuant to and by authority of the following By-Law dul y adopted by the Board of Directors of the
Company .
"A rt ic le V II-Exec ution of D oc um ents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice President
m ay, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Co mpan y in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature . Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of
authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The Chairman of the Board of Directors, the President or an y Executive, Senior Vice President or the Board of Directors, may, at any time,
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is s igned and sealed by facsimile under and by the authority of the following Re so lution adopted by the Board of Di rectors of the
Compan y at a meeting duly ca lled and held on the 17•h day of February, 1993.
"RESOLVED : That the signature of the Pres ident, an Executive Vice President or any Senior or Group Vice Pres ident and the seal of the Insurance
Company ma y be affixed by facsimile on any power of attorney granted pursuant to the Re so luti on adopted b y this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the In s urance Com pany may be affixed by facsimile to any certificate of
any such p ow er , and any p ower or certificate bearing such facsimile signature and sea l shall be valid and binding on the Insurance Company. Any such
power so executed and sealed and ce,tified by certificate so executed and sea led, shall with respect to any bond or undertaking to which it is attached,
continue to be va lid and binding on th e In s uran ce Co mpany ."
2520317
This Power of Attorney limits the acts of those named herein , and they have no authority to bind the Company except in the manner and to
the extent herein stated . Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value
guarantees. To confirm the validity of this Power of Attorney call 610-832-8240 between 9 :00 am and 4:30 pm EST on any business day.
LIBERTY MUTUAL FIRE INSURANCE COMPANY
WAUSAU, WISCONSIN
POWER OF ATIORNEY
KNOW ALL PERSONS BY THESE PRESENTS : That Liberty Mutual Fire Insuran ce Company (t he "Company"), a W isconsin stock insurance
company, throut its As sistant Secretary , pursuant to and by authority of the Board of Di rectors here inafter set forth , does he reby name , constitute
and appoint .... !r..~~ .. 1,, ... N~~\ ............................................................................................................................................................................................ ,
its true and lawful attorne y-in-fact , with full po wer and authority hereby conferred to sign , execute and acknowledge , at any location within the United
States, the following surety bond :
Principal Name: Garney Compan ies , Inc .
Obligee Name: C ity of Fort Worth
LMS Surety Bond Number: 674017588 Bond Amount: See Bond Form
That this power is made and executed pursuant to and by authority of the following Unan imous Consent and Vote of the Boa rd of Directors dated June
28 , 2006 wherein , among oth er things , it was : ·
VOTED that the Secretary and ea ch Ass istan t Secretary be, and each of them is , authorized to execute powers of attorney qualifyi ng the attorney
named in the given power of attorney to exe cute on beha lf of the Comp any surety undertakings, bonds , recoginzances and other surety
obligations ; and that the Se c retary an d each Assistant Secretary be, and ea ch or any of them hereby is , authorized to attest to the execution
of any such power of attorney, and to affix th ereto the corporate seal of the Company .
That the Resolution set forth above is a true cop y the reof and is now in full force and effect.
IN WITNESS WHEREOF , this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Fire Insura nce Company has been affi xed th ereto in Plymouth Meeting , Pennsylvan ia th is ~day of MARCH , 2009 .
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMER Y
LIBERTY MUTUAL FIRE INSURANCE COMPANY
By~~~~~~..,...~~~~~~~~~
Garnet W . Elliott , Assistant Secretary
On this ..1.['.:_day of MARCH , 2009 , before me, a Notary Public , personally came Garnet W . Ell iott , to me known , and ac knowledged that he is
an Assistant Secretary of Liberty Mutual Fire Insurance Company ; that he knows the sea l of said corporation ; and that he executed the above Power of
Attorney and affixed the corporate sea l of Liberty Mutual Fire Insurance Company thereto with the authority and at the directi on of said corporation .
CERTIFICATE
Notarial Seal
Teresa Pastella, Notary Public
Plymouth Twp., Montgomery Count y
My Comm ission Expires March 28, 2013
M ember. P e nnsy lvania Association of Notaries By~ !luL
Teresa Pastella, Notary Public
I, the undersigned , an Assistant Secre tary of Liberty Mutual Fire Insurance Company , do hereby certify that the original power of attorney of wh ich the
foregoing is a full , true and corre ct copy , is in full force and effect on the date of th is certificate; and I do further certify that the officer or official who
executed the said power of attorney was one of the officers or officials spec ially authorized by the Board of Directors to appo int attorneys-in-fact as
provided in the Unanimous Consent and Vote of the Board of Directors of Liberty Mu tual Fire Insurance Company dated June 28 , 2006 .
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board
of Directors of Liberty Mutua l Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated June 28 , 2006
wherein it was
VOTED that the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating
thereto by facsimile , and any such power of attorney or c~rt ifi cat e bearing such facsimile s ignature and facsimile seal shall be valid and
binding upon the Company when so affixed and in the fu ture with respect to any surety undertakings , bonds , recognizances and other surety
obligat ions to which it is atta ched .
IN TESTMONY WHEREOF , I ha. ve hereunto subscribed
r"t . u11 . ,
16 day of
David M . Carey, Assistant Secretary
· State of Texas
COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that
you have filed , write to the company that issued the bond or policy. If the problem is not
resolved, you may also write to the State Board of Insurance, P .0. Box 149091, Austin, TX
78714-9091, FAX #(5 12) 475-1771. This notice of complaint procedure is for information only
and does not become part or condition of this bond or policy .
CLAIM NOTICE ENDORSEMENT: In accordance with Section 2253 .021(£) of the Texas
Govenunent Code and Section 53 .202(6) of the Texas Property Code any notice of claim to the
named surety under this bond(s) should be sent to:
In the event
(312)755-7276
National F ire Ins.urance Company of
Hartford, CNA Plaza
Chicago, IL 60685
"DISCLOSURE OF GUARANTY FUND NONPARTICIPATION"
TEXAS SENA TE BILL 255
National Fire Insurance Company of Hartford
is unable to fulfill it's contractural obligations under thi s policy or contract or applica tion or
certificate of evidence of coverage, the policyholder or certificate holder is not protected by an
insurance guaranty fund or o ther solvency protection arrangement.
State of Texas
COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that
you have filed, write to the company that issued the bond or policy. If the problem is not
resolved, you may also write to the State Board oflnsurance, P.O. Box 149091 , Austin, TX
78714-909 1, FAX #(5 12 ) 4 75-1771. This notice of complaint procedure is for information only
and does not become part or condition of this bond or policy.
CLAIM NOTICE ENDORSEMENT: In accordance with Section 2253 .021 (f) of the Texas
Goverrunent Code and Section 53 .2 02(6) of the Texas Property Code any notice of claim to the
named surety under this bond(s) shou ld be sent to:
In the event
(610)832-8240
Liberty Mutual Fire Insurance
Company
450 Plymouth Rd , #400
Plymouth Meeting, PA 19462
"DISCLOSURE OF GUARANTY FUND NONPARTICIPATION"
TEXAS SENATE BILL 255
Liberty Mutual Fire Insurance Company -----------------------------is unable to fulfill it 's contractural obligations under thi s policy or co ntra ct o r application or
certificate of evidence of coverage, the pol icyholder or certificate holder is not protected by an
insurance guaranty fund or ot her so lvenc y protection arrangement.
PARTG
CONTRACT
PARTG
CONSTRUCTION CONTRACT
THE STATE OF TEXAS
COUNTY OFT ARRANT
KNOW ALL BY THESE PRESENTS:
This agreement made and entered into th is the /\, day of Jl,1, .. , A.O., 20Jj_, by and
between the CITY OF FORT WORTH , a municipal corporation of rTarrant County, Texas ,
organized and existing under and by virtue of a spec ial charter adopted by the qualified voters
within said City on the 11th day of December, A.O . 1924, under the authority (vested in said voters
by the "Home Rule" provision) of the Constitution of Texas , and in accordance with a resolution
duly passed at a regular meeting of th~ City CounGil of sa id city, hereinaft~r called OWNER, and
Garney Companies, Inc. of the City of '4"''24? Q,.i."( County of 14 c lec,,0 .-, , State of
hereinafte r called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned to be made and performed by the Owner, and under the conditions expressed in the
bond bearing even date herewith , the said Contractor hereby agrees with the sa id Owner to
commence and complete the construction of certa in improveme nts described as follows:
Rolling Hills Water Treatment Plant
Filter No. 3 Repair Project
That the work here in contemplated shall consist of furnishing as an independent contractor all
labo r, tools, app li ances and materials necessary f or the construction and complet ion of said
proj~ct in acco rdanc e wi th the Plans and Specifi cations and Contract Documents adopted by the
City Council of the City of Fort Worth, wh ich Plans and Spec ifications and Contract Documents
are hereto attached and made a part of this contract the same as if written herein .
The Contractor hereby agrees and binds himself to commence the construction of said work
within seven (7) days after be ing notified in writing to do so by the Owne r.
City agrees and binds itself to pay, and the said Cont ractor agrees to rece ive , for all of the
aforesaid work , and for stated additions thereto or deductions therefrom , the price shown on the
Proposal subm itted by the successfu l bidder hereto attached and made a part hereof. Payment
will be made in month ly installments upon actual work comp leted by contractor and accepted by
the Owner and rece ipt of invo ice fro m the Contractor.
The agreed upon total contract amount shall be $199 ,000 .00.
The Contractor shall provide a Payment Bond , Performance Bond , and two-year Ma intenance
Bond , each in the full amount of the contract.
If the Contractor should fail to complete the work as set forth in the Plans and Spec ifications and
Contract Documents within the time so stipulated, plus any additiona l t ime allowed as provided in
the General Conditions , there shall be deducted from any monies due or which may thereafter
become due him , the li qu idated damages outlined in the Part D -Special Cond itions , not as a
penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for
such deficiency.
Part G -Con 1rac1 G-1 April 2011
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four
counterparts in its name and on its behalf by the Ass istant City Manager and attested by its
Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed
this instrument through its duly authorized officers in four counterparts w ith its corporate seal
attached.
Done in Fort Worth , Texas , this the /';J day of
By Cir~~~~~
Name .11\ V (',o.$G CJ,( Ille?
Office J
Part G -Contract G-2
Mey . '?JUL.
SALLY J. MILLER
Notary Public -State of Kansas
My Appt. Expires / ~3,9 -/5
APPR ~
By: ~u~U
,
Assistant City Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
April 2011
PARTE
TECHNICAL SPECIFICATIONS
DIVISION 1
GENERAL REQUIREMENTS
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
PART 1: GENERAL
SECTION 01005
ABBREVIATIONS
1.01 SCOPE OF WORK
A . Whenever in these Contract Documents the following abbreviations are used , the intent and meaning
shall be interpreted as follows:
AA
AAMA
AASHTO
ACI
AFBMA
AGA
AGMA
AISC
AISI
AITC
AMCA
ANSI
APA
API
AREA
ASAE
ASCE
ASHRAE
ASME
ASTM
AWi
AWPA
AWPB
AWS
AWWA
BHMA
CBMA
CDA
CGA
CISPI
CMAA
CRSI
Fed. Spec.
HI
HM1
ICBO
IEEE
IPCEA
F0\005.doc
Aluminum Association
Architectural Aluminum Manufacturers' Association
American Association of State Highway and Transportation Officials
American Concrete Institute
Anti-Friction Bearing Manufacturers' Association
American Gas Association
American Gear Manufacturers' Association
American Institute of Steel Construction
American Iron and Steel Institute
American Institute of Timber Construction
Air Moving and Conditioning Association
American National Standards Institute
American Plywood Association
American Petroleum Institute
American Railway Engineering Association
American Society of Agricultural Engineers
American Society of Civil Engineers
American Society of Heating, Refrigerating and Air-Conditioning Engineers , Inc.
American Society of Mechanical Engineers
American Society of Testing and Materials
Architectural Woodwork Institute
American Wood Preservers' Association
American Wood Preservers' Bureau
American Welding Society
American Water Works Association
Builders' Hardware Manufacturers' Association
Certified Ballast Manufacturers' Association
Copper Development Association
Compressed Gas Association
Cast Iron Soil Pipe Institute
Crane Manufacturers' Association of America
Concrete Reinforcing Steel Institute
Federal Specifications
Hydraulic Institute
Hoist Manufacturers' Institute
International Conference of Building Officials
Institute of Electrical and Electronics Engineers , Inc .
Insulated Power Cable Engineer's Association
01005-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Proj ec t
MMA
NACE
NBMA
NEC
NEMA
NESC
NFPA
NLMA
NWMA
OECI
OSHA
PS
RMA
SAE
SSPC
TCA
TEMA
UBC
UL
WWPA
FOIOOS .doc
Monorail Manufacturers' Association
National Association of Coatings Engineers
National Builders' Hardware Association
National Electrical Code
National Electrical Manufacturers' Association
National Electric Safety Code
National Fire Protection Association
National Lumber Manufacturers' Association
National Woodwork Manufacturers' Association
Overhead Electrical Crane Institute
Occupational Safety and Health Act (both Federal & State)
Product Standards Sections -U.S. Department of Commerce
Rubber Manufacturers' Association
Society of Automotive Engineers
Steel Structures Painting Council
Tile Council of America
Tubular Exchanger Manufacturers' Association
Uniform Building Code
Underwriter's Laboratories, Inc.
W estem Wood Products Association
END OF SECTION
01005-2 April 20 11
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Proj ect
PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION 01010
SUMMARY OF WORK
A. This Section describes the project in general and provides an overview of the extent of the work to be
performed . Detailed requirements and extent of work is stated in the applicable Specification Sections
and shown on the Drawings prepared by CDM and ITT Leopold . The Contractor shall, except as
otherwise specifically stated herein or in any applicable parts of these Contract Documents, provide
and pay for all labor, materials, equip ment, tools, construction equipment, and other facilities and
services necessary for proper execution, testing, and completion of the work.
B. Any part or item of the work which is reasonably implied or normally required to make each
installation satisfactorily and completely operable shall be performed by the Contractor and the
expense thereof shall be included in the applicable unit prices or lump sum prices bid for the various
items of work. It is the intent of these Specifications to provide the Owner with complete operable
systems, subsystems, and other items of work. All miscellaneous appurtenances and other items of
work that are incidental to meeting the intent of these Specifications shall be considered as having
been included in the applicable unit prices or lump sum prices bid for the various items of work even
though these appurtenances and items may not be specifically called for in the Specifications .
1.02 DESCRIPTION OF THE PROJECT
A. The work of this project is located at Fort Worth's Rolling Hills Water Treatment Plant, 2500
Southeast Loop 820 Fort Worth TX 76140, as shown on the Location Map on Sheet 1 of the
Drawings.
B. The Rolling Hills Water Treatment Plant (RHWTP) is 200-mgd conventional plant. The plant
consists of the original North Plant basins and filters (100-mgd capacity); South Plant basins and
filters (100-mgd capacity); raw water ozonation facilities (200-mgd capacity); common rapid mix
basin (200-mgd capacity); common chemical storage and feed facilities ; common clearwells and high
service pump station; and common wash water recovery system facilities.
As part of the RHWTP Facilities Upgrade and 40-MGD Expansion, Phase 3 -Plant Process
Improvements Project, the existing twenty filters were retrofitted with new air/water underdrains with
porous plate media support caps , anthracite media , backwash troughs, piping, valves, meters and
instrumentation . These improvements were completed in two stages. The South Plant filters (Nos. 11
-20) were completed in May 2004 . The North Plant filters (Nos. 1 -10) were completed in April
2005. The two Leopold drawings date 8/07/03 show the filters as retrofitted under this project.
In March 2008, the underdrain system for Filter No. 12 failed, damaging the underdrain system . Filter
No . 12 was retrofitted with a new underdrain system and anthracite media in the summer of 2008. In
August 2008, prior to startup of Filter No. 12, the underdrain system for Filter No. 20 failed . Filter
No. 20 was retrofitted with a new underdrain system and anthracite media prior to the summer of
2009. During this project each of the twenty filters was also retrofitted wi th additional support anchor
clips and 'I' rods. These anchors and their location are shown on the ITT Leopold drawings dated
1/30/09 and 1/20/09 .
In March 2011 the underdrain system for Filter No. 3 failed , damaging the underdrain system. The
filter underdrain system for Filter No. 3 must be replaced .
FOlOIO .doc 01010-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
C. This project will include repairing Filter No. 3 with a new underdrain system, new media support
gravel , and re-installing the existing 48 inches of anthracite media . The project will also include
modifying four additional filters (Filters No. 2, No. 4, No. 15 and No. 16) by removing the existing
media support caps from the underdrains, installing 12 inches of new media support gravel, and re-
installing the existing filter media .
1. The work related to retrofitting Filter No. 3 shall include, but not be limited to, the following
items :
a. Removing and storing the existing 48 inches of anthracite media from Filter No. 3 to be
reinstalled upon installation of the new underdrain system. Approximately one half of the
media has previously been removed and stored in Filters No . 2 and No. 4.
b. Detaching and removing the existing air hose tubes (34) from Filter No. 3.
c . Removing the existing filter underdrain blocks and associated supports, anchors,
equipment, grout, base grout, etc .
d. Refinishing, modifying, and cleaning the existing filter box slab as needed for proper
installation of the new underdrain system.
e . Furnishing and installing new filter underdrain system into Filter No . 3. This work shall
include installation of new underdrains, installation and pull testing of new stainless steel
anchor rods (U-Rods,) installation and pull testing of stainless steel hold down angles and
anchor rods (I-Rods), and re-installation of 34 new PVC air drop lines.
f . Installation of 12 inches of media support gravel.
g. Re-installing existing anthracite media back into Filter No . 3.
h. Cleaning and testing of filter underdrain system and media. Backwashing and disinfection
will be performed by the City.
1. Sealing existing void spaces located between the bottom of the flume blocks and the filter
box slabs. This work shall be performed by accessing through the individual filter flumes
below the filter box floor and underdrains.
2. Work related to rehabilitation of Filters No. 2, No. 4, No. 15 and No . 16 includes the following
items: installation of additional hold down supports for the existing underdrain systems and
sealing existing void spaces located between the flume blocks and filter box slab. The work
related to rehabilitating these eighteen filters shall include, but not be limited to, the following
items:
FOIOIO.doc
a . Removing and storing the existing 48 inches of anthracite media from the individual filters
to be reinstalled upon installation of the new media support gravel. Media replacement
can be stored in the adjacent filters. These filters will be out of service during the work .
b. Detaching and removing the existing air hose tubes (3 4) from the filters .
c. Detaching, removing and disposing of the existing media support porous plate caps on the
existing filter underdrains .
01010-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
d . Cleaning the existing underdrain blocks.
e. Readjusting the existing stainless steel hold down angles and anchor rods (I-Rods), and
reconnecting the existing PVC air drop lines.
f . Re-installing existing anthracite media back into the filter.
g . Cleaning and testing of filter underdrain system and media. Backwashing and disinfection
will be performed by the City.
1.03 CONTRACTS
A. The work of this project will be executed in one (1) contract as shown in the Proposal Form.
B. The work is generally described below under CONTRACTOR'S RESPONSIBJLITIES. The
delineations noted there between the various sections of the Specifications and contracts are for a
general overview of the work. The work to be executed is not necessarily limited to those
descriptions. Accordingly, the Contractor shall thoroughly familiarize himself with all of the Contract
Documents in order to fully understand the extent of his work and be aware of any "cross references".
The Contractor fully understands, and shall fulfill, his duties and responsibilities regarding
coordination and cooperation with other contractors working on the project.
1.04 WORK SEQUENCE
A. The Contractor is required to determine his own method of construction and detailed work sequence,
within the general terms of the Contract, so long as the restraints are observed and the overall project
completion time is achieved.
B. The Contractor shall serve as an overall coordinator among all Subcontractors.
1.05 CONTRACTOR'S DUTIES
A. Designate required delivery date for each product in Construction Schedule.
B. The Contractor shall serve as an overall coordinator among all Subcontractors.
C. Handling of material and equipment at site, including uncrating, storage and security .
D. Protect equipment from damage.
E. Repair or replace items damaged as a result of the Contractor's operations .
F . Install, connect and finish products.
1.06 CONTRACTOR'S RESPONSIBJLITIES
A. General Construction -Contractor.
1. Execute, or be responsible for respective subcontractors, all work, including site, structural,
process piping and equipment, instrumentation, and electrical work.
2. If required, arrange for the necessary temporary water service, including the securing of any
necessary permits. This service shall be metered separately to the Contractor as required by the
Owner.
FOIOIO .doc 01010-3 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Proje ct
3. Provide adequate temporary sanitary facilities.
4. Secure all necessary permits, and furnish, install, maintain, and remove all temporary electric
service facilities for construction purposes, and pay for all electrical energy consumed for
construction purposes for all the subcontractors, including the operation of ventilating
equipment, for heating of buildings, and also for testing and operating of all equipment after
permanent wiring has been installed, until final acceptance by the Owner or until the Engineer
certifies Substantial Completion. The Contractor shall be responsible for determining the total
temporary electrical need and shall provide it accordingly . The temporary electrical service shall
meet NEC, OSHA and all other local safety codes.
5. Provide temporary heat; make all arrangements and pay all fuel costs, supervise and maintain all
heating units.
6. Construct and maintain temporary access roads as required . Any access ways constructed by
Contractor during construction shall be removed and area restored to original construction prior
to project completion.
7. Provide and maintain fire fighting equipment in working order during the entire construction
period.
8. The Contractor shall keep one set of "Record Drawings" and specifications available on the job
at all times. This set of documents shall be clearly marked as such and shall be used only for
recording changes, elevations, and other data pertinent to the construction operation for use in
preparing "As-Built" documents. All changes, etc., shall be clearly marked in red pencil. The
Record Drawings shall be available for inspection by the Engineer at all times and shall be
turned over to the Engineer upon written request.
1.07 COORDINATION WITH OWNER'S OPERATIONS AND EXISTING FACILITIES
A. The proposed work under this Contract will connect with or into existing facilities . Many of such
contact locations are particularly sensitive because of the attendant necessary down-time of existing
water treatment operations, or because of the possibility of contamination of potable water, or because
of the extraordinary inconvenience to the Owner's personnel and to the routine which is required in
the continuous operation . Because of this sensitivity, the Contractor shall plan carefully the schedule
of that portion of the work which will affect the existing facilities . Such plans and schedules shall be
subject to the approval of the Owner.
B. Work which requires shutdown or in any way impedes the operations of existing facilities shall be
closely coordinated with the Engineer. A minimum of 48 hours written notice shall be given to the
Engineer before such approval will be granted .
C. Immediately after the award of a contract for this project, the Contractor shall outline and submit a
scheduled plan for installation of the work which requires interruption of operations.
1.08 CONTRACTOR'S USE OF PREMISES
A . Contractor shall limit the use of the premises for his Work and for storage to allow for:
1. Work by other contractors .
2 . Owner occupancy .
3. Public use .
F01010 .doc 01010-4 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
B. Coordinate use of premises with Owner.
C. Contractor shall assume full responsibility for security of all his and his subcontractors materials and
equipment stored on the site.
D. If directed by the Owner, move any stored items which interfere with operations of Owner or other
contractors .
E. Obtain and pay for use of additional storage or work areas if needed to perform the Work.
F. Contractor shall submit to the Owner for approval a plan of operations, designating proposed areas of
the property to be used for his operations, material storage, equipment storage, employee's parking,
offices and shops. The area shall effect minimal interference with the present operations .
G. Any damage to existing facilities, including contamination, which may be caused by Contractor's
personnel, callers, visitors, materials or equipment, shall be repaired or corrected at the sole expense of
the Contractor.
H. Any fence that is damaged or removed by the Contractor shall be replaced at the Contractor's expense
in like kind, and to the satisfaction of the Engineer.
1.09 OWNER OCCUPANCY
A. Owner will occupy premises during performance of the work for the conduct of his/her normal
operations. Coordinate all construction operations with Owner to minimize conflict and to facilitate
Owner usage.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
FOIOIO .doc
END OF SECTION
01010-5 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
PART 1: GENERAL
1.01 GENERAL
SECTION 01025
MEASUREMENT AND PAYMENT
A. The Total Amount Bid in the Bid Form shall cover all Work required by the Contract Documents.
The lump sum bid shall include all costs in connection with the proper and successful completion of
the Work, including but not limited to: furnishing all materials, equipment, supplies, and
appurtenances; providing all construction equipment and tools; and performing all necessary labor and
supervision to fully complete the Work. All Work not specifically set forth as to the pay item or items
in the Bid Form shall be considered subsidiary obligations of Contractor and all costs in connection
therewith shall be included in the prices bid.
1.02 BID FORM
A. The Bid Form is a part of these Contract Documents and lists each item of work for which payment
will be made. No payment will be made for items other than those listed in the Bid Form.
B . Required items of work and incidentals necessary for the satisfactory completion of the Project which
are not specifically listed in the Bid Form, and which are not specified in this Section to be measured
or to be included in one of the items listed in the Bid Form shall be considered as incidental to the
work required under this contract, and all costs thereof, including Contractor's overhead costs and
profit, shall be considered as included in the prices bid for the various Bid Items . The Contractor shall
prepare his bid accordingly.
C. Work includes furnishing all plant, labor, equipment, tools and materials, and performing all
operations required to complete the work satisfactorily, in place, as specified and as indicated on the
Drawings.
1.03 MEASUREMENT AND PAYMENT
A. Measurement of an item of work will be by the unit indicated in the Bid Form.
B . Measurement will include all necessary and incidental related work not specified to be included in any
other item of work listed in the Bid Form.
C. Unless otherwise stated in individual sections of the specifications or in the Bid Form no separate
payment will be made for any item of work, materials, parts, equipment, supplies, or related items
required to perform and complete the requirements of any section . The costs for all such items
required shall be included in the Contract price bid for item of which it is a part.
D . Payment will be made at the Contract price per unit indicated in the Bid Form with total price of the
Contract being equal to the Total Bid, as specified and as modified, by extending unit prices
multiplied by quantities, as appropriate to reflect actual work included in the Project. Such price and
payment shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment,
tools, and materials, and for performing all operations required to furnish to the Owner the entire
Project, complete in place, as specified and as indicated on the Drawings.
E. Measurement for payment does not signify acceptance of Work.
FOJ025 .doc 01025-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
1.04 BID ITEMS
A. FILTER NO. 3 REPAIR WORK (Item 1)
1. Work under this item includes furnishing all labor, materials, equipment and incidentals, except
the work required in Bid Items 3, 4, and 5, for completing the Filter No . 3 re p air work in its
entirety as shown on the Drawings and/or as specified. Filter underdrain system equipment and
services will be provided under Bid Item 3. Media support gravel will be provided under Bid
Item 4. Mobilization, demobilization and other associated project costs will be provided under
Bid Item 5.
2. Measurement and payment will be based upon a lump sum basis.
B. INDIVIDUAL FILTER UNDERDRAIN SYSTEM REHABILIATION WORK (Item 2)
1. Work under this item inclu des furnishing all labor, materials, equipment and incidentals, except
the work required in Bid Items 4 and 5, for completing the rehabilitation work for four existing
filters (Filters No. 2, No. 4, No. 15 and No. 16) in its entirety as shown on the Drawings and/or as
specified. Media su p port gravel will be provided under Bid Item 4. Mobilization, demobilization
and other associated project costs will be provided under Bid Item 5.
2. Measurement and payment will be based upon the actual number of filters completed.
C. FURNJSHING FILTER UNDERDRAIN SYSTEM (Item 3)
1. Measurement and p ayment of the filter underdrain system, equipment, hardware, and field
services is for full compensation for furnishing the underdrain system, hardware, anchoring
devices, and associated appurtenances, and for providing manufacturer's services . All costs for
installation, testing, and startup of the underdrain sytem, which are not specified to be the
responsibility of the underdrain manufacturer, and costs associated with coordination with the
underdrain supplier shall be included appropriately as part of Bid Item 1.
D. FURNJSHING SUPPORT GRAVEL (Item 4)
1. Measurement and payment of the support gravel is for full compensation for furnishing the gravel
for the five filters . A ll costs for installation and testing of the gravel, which are not specified to be
the responsibility of the media supplier, an d costs associated with coordination with the gravel
supplier shall be included appropriately as part of Bid Items 1 and 2 .
E. MOBILIZATION/DEMOB ILIZATION (Item 5)
1. Work under this item includes establishment of and maintaining facilities on the project site;
movement of personnel, construction equipment and supplies to the project site; providing all
bonds and insurance for the project; final project cleanup; demobilization of facilities and
equipment; and other incidental costs related to construction of the project not included in the
other Bid Items .
2. Measurement and payment will be based upon a lump sum basis . See Part D concerning payment
of Mobilization and Demobilization.
FOI025 .doc 01025-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
PART 2: PRODUCTS (NOT USED)
PART 3 : EXECUTION (NOT USED)
F01025 .doc
END OF SECTION
01025-3 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION 01040
CONSTRUCTION SEQUENCE
A. The intent of construction phasing as specified herein and as shown on the Drawings is to facilitate
construction so that the Rolling Hills Water Treatment Plant can maintain the maximum production
capacity possible during construction. All tasks of the construction schedule, whether described
herein or not, are the responsibility of the Contractor.
B. The work specified herein, which may interrupt normal plant operations after startup, shall be
accomplished at times that are convenient to the Owner. The Contractor shall plan to work overtime if
needed to complete construction of the project and shall make no claims for extra compensation for
overtime work required to conform to these requirements. The Contractor shall coordinate with the
Engineer and Owner's personnel at least two weeks prior to performing any work associated with
tying into existing facilities and piping or for any shutdown of the Plant or portions of the Plant once it
has become operational.
C . All plant operations shall be performed by City of Fort Worth plant personnel, coordinated between
the Owner and Contractor.
D. Filter No. 3 will be out of service until completion of the project or such time that the Contractor
completes the repair work for Filter No. 3 and it is put back into service . Contractor will be allowed to
have only three (3) of the filters, including Filter No. 3, out of service at any time during construction.
Contractor shall coordinate the filter down time with Owner. Contractor will be allowed to use
existing adjacent filters to store media from the filter being retrofitted, but these adjacent filters shall
be considered as one of the three filters allowed to be out of service. Only one half of the filter 's media
volume shall be stored in one adjacent filter.
1.02 RELATED WORK DESCRIBED ELSEWHERE
A. Project Summary is included in Section 01010.
B. Construction Scheduling is included in the General conditions (Paragraph C4-4.7)
1.03 SUBMITTALS
A . The Contractor shall submit to the Engineer for approval a detailed Construction Schedule complying
with requirements of Paragraph C4-4 .7 of the General Conditions .
B. For all work that will require a temporary shutdown of plant operations or an entire plant shutdown,
the Contractor shall submit a proposed work plan indicating the manpower, tools, equipment, and
construction procedures to be used at least seven days prior to the requested shutdown period .
PART 2: PRODUCTS (NOT USED)
F01040.doc 01040-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
PART 3 : EXECUTION
3.01 SCHEDULE CONSIDERATIONS
A. Interim Completion of the project is defined as completion of all filter repair and rehabilitation work
for Filters No. 2, No. 3 and No . 4, as specified and shown on the Drawings, so that all three of the
filters are operational.
B. Substantial Completion of the project is defined as completion of all filter repair and rehabilitation
work as specified and shown on the Drawings, so that all five of the filters being modified are
completed and operational.
C. Final Completion of the project shall be met within 135 calendar days from the Notice to Proceed. The
time period between Substantial Completion and Final Completion shall be scheduled for completion
of ancillary items that have no impact on filter operation, such as cleanup, punch-list items and
closeout activities.
D. The Contractor shall be responsible for developing his own schedule to meet the completion
requirements of the contract.
3.02 LIQUIDATED DAMAGES
A. The Contractor understands and agrees that the time of completion is an essential consideration of
development of his proposal and that failure to complete the work under this Contract within the
allotted time as specified or subsequently adjusted by Change Orders will result in damages to be
sustained by the Owner by its inability to treat and deliver potable water to its customers in the Rolling
Hills Water Treatment Plant service area. The Contractor and Owner further agree in applying
Liquidated Damages, that such damages cannot be precisely measured or that the ascertainment of
actual damages would be unduly difficult after the fact. Therefore, the Contractor and the Owner
agree in applying Liquidated Damages that for each and every Calendar Day the work or any portion
thereof, remains uncompleted after the specified times or adjusted times if modified by Change Order,
the Contractor shall pay as agreed Liquidated Damages, the amounts specified in Paragraph D-15 of
the Special Conditions (Part D).
END OF SECTION
FOI040 .doc 01040-2 Apri l 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
PART 1: GENERAL
SECTION 01170
SPECIAL PROVISIONS
1.01 GENERAL OBLIGATIONS OF THE CONTRACTOR
A. General obligations of the Contractor shall be as set forth in the Contract Documents. Unless special
payment is specifically provided in the payment paragraphs of the specifications, all incidental work
and expense in connection with the completion of work under the contract will be considered a
subsidiary obligation of the Contractor, and all such costs shall be included in the appropriate items in
the Bid Form in connection with which the costs are incurred .
1.02 SITE INVESTIGATION
A. The Contractor shall satisfy himself as to the conditions existing within the project area, the type of
equipment required to perform the work, the character, quality and quantity of the subsurface
materials to be encountered insofar as this information is reasonably ascertainable from an inspection
of the site, as well as from information presented by the Drawings and Specifications. Any failure of
the Contractor to acquaint himself with the available information will not relieve him from the
responsibility for estimating properly the difficulty or cost of successfully performing the work. The
Owner assumes no responsibility for any conclusions or interpretation made by the Contractor on the
basis of the information made available by the Owner.
1.03 COORDINATION WITH CITY AGENCIES
A. The Contractor shall supply the Fort Worth Police Department, Fire Department, and Water
Department with the following information:
1. A list of streets and intersections where work will be in progress to be supplied at intervals as
required by the Engineer.
2. Areas where approved detours are in effect.
3 . Immediate notification of any gas, water, or sewer main breaks .
B. The Contractor will be required to reimburse the City for the actual cost of the services of Water
Department Personnel required by him during other than regular working hours.
1.04 SERVICES OF MANUFACTURERS' REPRESENTATIVE AND OPERATION MANUALS
A. Bid prices for equipment shall include the cost of a competent representative of the manufacturers of
all equipment to supervise the installation, adjustment, and testing of the equipment and to instruct the
Owner's operating personnel in operation and maintenance.
B . See the detailed Specifications for additional requirements for furnishing the services of
manufacturer's representatives.
C. A certificate from the manufacturer stating that the installation of the equipment is satisfactory, that
the unit has been satisfactorily tested, is ready for operation, that the operating personnel have been
suitably instructed in the operation , lubrication, and care of the unit shall be submitted.
D . The existing Operation and Maintenance manual shall be updated for any modifications performed as
part of this project.
FOi 170.doc 01170-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Re pair Proj ec t
1.05 SHIPMENT AND DELIVERY OF EQUIPMENT
A. Equipment shall not be shipped until approved by the Engineer. The intent of this requirement is to
reduce site storage time prior to installation and/or operation. Under no circumstances shall
equipment be delivered to the site more than one month prior to anticipated installation without
written authorization from the Engineer.
B. During shipment and delivery, the following procedures shall apply :
1. All parts shall be properly protected so that no damage or deterioration will occur during a
prolonged delay between time of shipment and installation , including any prolonged period at
the site .
2 . Factory assembled parts and components shall not be disasse mbled for shipment unless
permission is received in writing from the Engineer.
3 . Finished surfaces of all exposed parts shall be properly protected against adverse conditions that
may pre vail from time of shipment until ready for operation .
4 . All finished surfaces of all exposed flanges shall be protected by wooden blank flanges , stoutly
built, and securely bolted.
5. Finished iron and steel surfaces not painted shall be protected against rust and corrosion .
6 . After hydrostatic or other tests, all entrapped water shall be drained, and care taken to prevent
the entrance of water during shipment, storage, and handling .
7. Each box or package shall be legibly marked to show its net we ight and contents .
8 . Demurrage, or other charges resulting from failure to furnish these items shall be absorbed by the
Contractor.
9 . The Contractor shall make suitable provision for the handling and deli very of all equipment and
material at the site.
1.06 STORAGE AND HANDLING OF EQUIPMENT ON SITE
A . Special attention shall be given to the storage and handling of equipment on site . As a minimum , the
procedure outlined below shall be followed:
1. All equipment having moving parts such as gears, electric motors, etc ., and/or instruments shall
be stored in a temperature and humidity controlled building appro ved by the Engineer, until such
time as the equipment is to be installed .
2 . All equipment shall be stored fully lubricated with oil , gre ase, etc ., unless otherwise instructed
by the manufacturer.
3. Manufacturer's storage instructions shall be carefully studied b y the Contractor and reviewed
with the Engineer by him . These instructions shall be carefully followed and a written record of
this kept by the Contractor.
4 . Moving parts shall be rotated a minimum of once weekly to e nsure proper lubrication and to
avoid metal-to-metal "welding". Upon installation of the equipment, the Contractor shall start
the equipment, at least half load, once weekly for an ad equate period of time to ensure that the
equipment does not deteriorate from lack of use.
FO i 170.doc 01170-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
5. Lubricants shall be changed upon completion of installation and as frequently as required
thereafter during the period between installation and acceptance. New lubricants shall be put
into the equipment at the time of substantial completion .
6 . Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the
equipment to certify that its condition has not been detrimentally affected by the long storage
period . Such certification by the manufacturer shall be deemed to mean that the equipment is
judged by the manufacturer to be in a condition equal to that of equipment that has been shipped ,
installed, tested an d accepted in a minimum time period . As such, the manufacturer will
guaranty the equipment equally in both instances. If such a certification is not given, the
equipment will be j udged to be defective. It shall be remo ved and replaced at the Contractor's
expense .
1.07 OPERATION OF EXISTING PLANT
A. The existing water treatment plant shall remain in service during construction activities. The plant
shall not be shut down during the construction period except for the times specified . The Contractor
shall provide proper coordination of all activities to ensure that the existing plant remains in service
throughout the construction period. The Contractor shall also provide the Owner's personnel
reasonable access throughout the existing plant for operation and maintenance.
1.08 WEATHER PROTECTION
A. In the event of inclement we ather, the Contractor shall protect the Work and materials from damage or
injury from the weather. If, in the opinion of the Engineer, any portion of the Work or materials has
been damaged by reason of failure on the part of the Contractor to so protect the Work, such Work and
materials shall be removed and replaced with new materials and Work to the satisfaction of the
Engineer.
PART 2 : PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
F01170.d oc
END OF SECTION
01170-3 Apri l 20 11
City of Fort Worth
Rolling Hills WTP
Filter No 3 Repair Project
PARTl:GENERAL
1.01 GENERAL
SECTION 01200
PROJECT MEETINGS
A. The Engineer will schedule and administer a pre-construction meeting, periodic progress meetings,
and coordination meetings throughout the progress of the Work. Engineer will:
1. Prepare an agenda for meetings .
2 . Make physical arrangements for meetings.
3. Preside at meetings .
4. Record the minutes, including significant proceedings and decisions.
5 . Reproduce and distribute copies of minutes within five working days after each meeting .
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
B. Representatives of contractors, subcontractors, and suppliers attending meetings shall be qualified
and authorized to act on behalf of the entity each represents.
C. The Contractor shall attend meetings to ascertain that work is expedited consistent with Contract
Documents and construction schedules.
1.02 PRE-CONSTRUCTION MEETING
A. A pre-construction conference will be scheduled by the Owner no later than 7 days after the date of
the Notice to Proceed.
B . Location: Rolling Hills WTP
C . Attendance:
1. Owner's representatives
2. Engineer's representatives
3 . Contractor's representatives
4 . Major subcontractors
5 . Major suppliers
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6. Others as appropriate
D. Suggested Agenda:
1. Distribution and discussion of construction schedule
2. Critical work sequencing.
3. Major equipment deliveries and priorities.
4 . Project Coordination.
a. Designation of responsible personnel.
5 . Procedures and processing of:
a . Correspondence
b. Field Decisions
C. Proposal Requests
d . Subrnittals
e. Change Orders
f. Applications for Payment
6. Distribution of Contract Documents.
7. Procedures for maintaining Record Documents.
8. Construction facilities, controls, and construction aids .
9. Temporary utilities .
1.03 PROGRESS MEETINGS
A. Conduct regular Progress meetings. The progress meetings will be held at least every 30 days with
the first meeting 30 days after the pre-construction meeting or 30 days after the date of the Notice to
Proceed.
B. Hold special meetings as required by the progress of the Work .
C. Location of the meetings to be at the Rolling Hills WTP.
D. Attendance:
1. Owner's representatives
2 . Engineer's representatives as appropriate to the agenda
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3. Contractor's representatives
4. Subcontractors as appropriate to the agenda
5. Suppliers as appropriate to the agenda
6. Others as appropriate
E. Suggested Agenda:
1. Review, approval of minutes of previous meeting.
2. Review of work progress since previous meeting.
3. Field observations, problems, conflicts.
4. Problems which impede the Construction Schedule.
5. Review of off-site fabrication, delivery schedules.
6. Corrective measures and procedures to regain projected schedule.
7. Revisions to Construction Schedule.
8. Progress schedule during succeeding work period.
9. Coordination of schedules .
10. Review submittal schedules; expedite as required.
11. Status of submittals.
12. Maintenance of quality standards.
13. Pending changes and substitutions.
14. Review proposed changes for effect on Construction Schedule and on completion date .
15. Other business.
F. The Contractor shall attend progress meetings and shall study previous meeting minutes and current
agenda items, in order to be prepared to discuss pertinent topics such as deliveries of material and
equipment, progress of the Work, etc.
G. The Contractor is to provide a current submittal log at each progress meeting.
1.04 COORDINATION MEETINGS
A. Regular coordination meetings shall be scheduled with the first meeting held after the pre-
construction conference, but prior to the Contractor initiating his mobilization to the project site.
B. The location of the meetings shall be at the Rolling Hills WTP.
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C. Attendance:
1. Owner's Representatives
2 . Engineer's representative
3 . Contractor's Representative
D. Suggested Agenda:
1. Short term schedule status (2 week preview).
2. Coordination requirements.
3. Delivery Schedules
4. Field observations, problems, conflicts.
5 . Status of pending issues .
6. Inspection issues.
E. The Contractor shall attend the meetings and shall be fully prepared to discuss pertinent topics. The
Contractor shall have studied the meeting agenda items and the previous meeting minutes prior to
the scheduled meeting .
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
F01200.doc
END OF SECTION
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PART 1: GENERAL
SECTION 01300
SUBMITTALS
1.01 DESCRIPTION OF REQUIREMENTS
A . This Section specifies the general methods and requirements of submissions applicable to the
following work-related submittals: Shop Drawings, Product Data, Samples, Mock Ups, Construction
Photographs, and Construction or Submittal Schedules . Detailed submittal requirements will be
specified in the technical specifications sections.
B. All submittals shall be clearly identified by reference to Specification Section, Paragraph, Drawing
No. or Detail as applicable. Submittals shall be clear and legible and of sufficient size for sufficient
presentation of data .
1.02 SHOP DRAWINGS, PRODUCT DATA, SAMPLES
A . Shop Drawings
1. Shop drawings , as specified in individual work Sections include, but are not necessarily limited
to , custom-prepared data such as fabrication and erection/installation (working) drawings,
scheduled information , setting diagrams, actual shopwork manufacturing instructions, custom
templates, special wiring diagrams, coordination drawings , individual system or equipment
inspection and test reports including performance curve s and certifications , as applicable to the
Work.
2 . All shop drawings submitted by subcontractors for appro val shall be sent directly to the
Contractor for checking . The Contractor shall be responsible for their submission at the proper
time so as to prevent delays in delivery of materials .
3 . The Contractor shall check all subcontractor's shop drawings regarding measurements, size of
members, materials, and details to satisfy himself that they conform to the intent of the Drawings
and Specifications. Shop drawings found to be inaccurate or otherwise in error shall be returned
to the subcontractors for correction before submission thereof.
4 . All details on shop drawings submitted for approval shall sho w clearly the relation of the various
parts to the main members and lines of the structure, and where correct fabrication of the work
depends upon field measurements, such measurements sh all be made and noted on the drawings
before being submitted for approval.
1.03 CONTRACTOR'S RESPONSIBILITIES
A . The Contractor shall review shop drawings, produc t d ata and sampl es , including those by
subcontractors, prior to submission to determine and verify the fo llo wing :
1. Field measurements
2. Field construction criteria
3. Catalog numbers and similar data
4. Conformance with the Specifications
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B. Each shop drawing, sample and product data submitted by the Contractor shall have affixed to it the
following Certification Statement including the Contractor's Company name and signed by the person
who actually reviewed the submittal. "Certification Statement: By this submittal, I hereby
represent that I have determined and verified field measurements, field construction criteria,
materials, dimensions, catalog numbers and similar data and I have checked and coordinated
each item with other applicable approved shop drawings." Shop drawings larger than 8 1/2" x
11" shall be folded to 8 1/2" x 11 ". Shop drawings and product data sheets shall be bound together in
an orderly fashion and bear the above Certification Statement on the cover sheet. The cover sheet
shall fully describe the packaged data and include a listing of all items within the package. Provide to
the Construction Manager a copy of each submittal transmittal sheet for shop drawings, product data
and samples at the time of submittal of said drawings, product data and samples to the Engineer.
C. The Contractor shall utilize an 8-character submittal cross-reference identification numbering system,
preceded with a prefix designating the type of submittal. The numbering system shall be as follows:
l . The prefix shall be two or three characters designating the type of submittal ( e.g. shop drawing,
request for information, field order, etc.) These prefixes will be provided by the Construction
Manager.
2. The first five digits shall be the applicable Specification Section Number.
3. The next two digits shall be the numbers 01-99 to sequentially number each initial separate item
or drawing submitted under each specific Section number.
4. The last character shall be a letter, A-Z, indicating the resubmission of the same Drawing (i.e.
A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number
would be as follows:
SD
03300
08
B
SD 03300-08-B
= Shop Drawing
= Specification Section for Concrete
= The eighth initial submittal under this specification section
= The third submission (second resubmission) of that particular shop drawing
D . Notify the Engineer in writing, at the time of submittal, of any deviations in the submittals from the
requirements of the Contract Documents .
E. The review and approval of shop drawings, samples or product data by the Engineer shall not relieve
the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract.
All risks of error and omission are assumed by the Contractor and the Engineer will have no
responsibility therefore.
F . No portion of the work requiring a shop drawing, sample, or product data shall be started nor shall any
materials be fabricated or installed prior to the approval or qualified approval of such item.
Fabrication performed, materials purchased or on-site construction accomplished which does not
conform to approved shop drawings and data shall be at the Contractor's risk. The Owner will not be
liable for any expense or delay due to corrections or remedies required to accomplish conformity.
G. Project work, materials, fabrication, and installation shall conform with approved shop drawings ,
applicable samples, and product data .
1.04 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no
delay in the Work or in the work of any other contractor.
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B. Each submittal, appropriately coded, will be returned within 14 calendar days following receipt of
submittal by the Engineer.
C. The Contractor shall submit shop drawings in hard copy. All submittals shall be made with the
selected method, and the Contractor shall inform the Construction Manager by letter one week after
award of the Contract, which method has been selected. Submittals made by any method other than
that selected by the Contractor will be returned without review.
D. Number of hard-copy submittals required:
1. Shop Drawings as defined in Paragraph 1.02 A: Eight copies . If Contractor requires more than
three copies of Shop Drawings returned, Contractor shall submit more than the number of copies
listed above.
2. Monthly project schedule updates: Ten copies.
3 . All other submittals: Eight copies.
E . Submittals shall contain:
1. The date of submission and the dates of any previous submissions.
2. The Project title and number.
3. Contractor identification.
4. The names of:
a. Contractor
b. Supplier
c. Manufacturer
5.
6 .
Identification of the product, with the specification section number, page and paragraph(s).
Field dimensions, clearly identified as such.
7.
8.
9.
10.
11.
Relation to adjacent or critical features of the Work or materials .
Applicable standards, such as ASTM or Federal Specification numbers.
Identification by highlighting of deviations from Contract Documents.
Identification by highlighting of revisions on resubmittals.
An 8-in X 3-in blank space for Contractor and Engineer stamps.
1.05 REVIEW OF SHOP DRAWINGS, PRODUCT DATA, WORKING DRAWINGS AND SAMPLES
A. The review of shop drawings, data, and samples will be for general conformance with the design
concept and Contract Documents. They shall not be construed as :
1. Permitting any departure from the Contract requirements;
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2. Relieving the Contractor of responsibility for any errors, including details, dimensions, and
materials; and/or
3. Approving departures from details furnished by the Engineer, except as otherwise provided
herein .
B. The Contractor remains responsible for details and accuracy, for coordinating the work with all other
associated work and trades, for selecting fabrication processes, for techniques of assembly , and for
performing work in a safe manner.
C. If the shop drawings, data or samples as submitted describe variations and show a departure from the
Contract requirements which Engineer finds to be in the interest of the Owner and to be so minor as
not to involve a change in Contract Price or time for performance, the Engineer may return the
reviewed drawings without noting an exception.
D . Submittals will be returned to the Contractor under one of the following codes.
Code 1 -
Code 2 -
Code 3 -
Code 4 -
Code 5 -
Code 6 -
"APPROVED" is assigned when there are no notations or comments on the submittal.
When returned under this code the Contractor may release the equipment and/or
material for manufacture.
"APPROVED AS NOTED". This code is assigned when a confirmation of the
notations and comments IS NOT required by the Contractor. The Contractor may
release the equipment or material for manufacture; however, all notations and
comments must be incorporated into the final product.
"APPROVED AS NOTED/CONFIRM". This combination of codes is assigned when
a confirmation of the notations and comments IS required by the Contractor. The
Contractor may release the equipment or material for manufacture; however, all
notations and comments must be incorporated into the final product. This confirmation
shall specifically address each omission and nonconforming item that was noted.
Confirmation is to be received by the Engineer within 15 calendar days of the date of
the Engineer's transmittal requiring the confirmation .
"APPROVED AS NOTED/RESUBMIT". This combination of codes is assigned
when notations and comments are extensive enough to require a resubmittal of the
package. The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the final product. This
resubmittal is to address all comments, omissions and non-conforming items that were
noted. Resubmittal is to be received by the Engineer within 15 calendar days of the
date of the Engineer's transmittal requiring the resubmittal.
"NOT APPROVED" is assigned when the submittal does not meet the intent of the
Contract Documents. The Contractor must resubmit the entire package revised to bring
the submittal into conformance. It may be necessary to resubmit using a different
manufacturer/vendor to meet the Contract Documents .
"COMMENTS ATTACHED" is assigned where there are comments attached to the
returned submittal which provide additional data to aid the Contractor.
Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been
an attachment of additional data.
E. Resubmittals will be handled in the same manner as first submittals. On resubmittals the Contractor
shall direct specific attention, in writing on the letter of transmittal and on resubmitted shop drawings
by use of revision triangles or other similar methods, to revisions other than the corrections requested
by the Engineer, on previous submissions. Any such revisions which are not clearly identified shall be
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made at the risk of the Contractor. The Contractor shall make corrections to any work done because
of this type revision that is not in accordance to the Contract Documents as may be required by the
Engineer.
F. Partial submittals may not be reviewed. The Engineer will be the only judge as to the completeness of
a submittal. Submittals deemed by the Engineer to be not complete will be returned to the Contractor,
and will be considered "Not Approved" until resubmitted. The Engineer may at his/her option provide
a list or mark the submittal directing the Contractor to the areas that are incomplete.
G. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the
Contract Documents, the Contractor shall give written notice thereof to the Engineer at least seven
working days prior to release for manufacture.
H. When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall
carry out the construction in accordance therewith and shall make no further changes therein except
upon written instructions from the Engineer.
1.06 DISTRIBUTION
A. Distribute reproductions of approved shop drawings and copies of approved product data and samples,
where required, to the job site file and elsewhere as directed by the Engineer. Number of copies shall
be as directed by the Engineer but shall not exceed the number specified in Paragraph l .04C.
1.07 PROFESSIONAL ENGINEER (P.E.) CERTIFICATION FORM
A . If specifically required in other Sections of these Specifications, the Contractor shall submit a P.E.
Certification for each item required, in the form attached to this Section, completely filled in and
stamped.
1.08 GENERAL PROCEDURES FOR SUBMITT ALS
A. Coordination of Submittal Times: Prepare and transmit each submittal sufficiently in advance of
performing the related work or other applicable activities, or within the time specified in the individual
work sections, of the Specifications, so that the installation will not be delayed by processing times
including disapproval and resubmittal (if required), coordination with other submittals, testing,
purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be
authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the
Work.
1.09 REPETITIVE REVIEW
A. Submittals for each item will be reviewed no more than twice at the Owner's expense. All subsequent
reviews will be performed at times convenient to the Engineer and at the Contractor's expense, based
on the Engineer's then prevailing rates . The Contractor shall reimburse the Owner within 30 Calendar
Days for all such fees invoiced to the Owner by the Engineer.
B. The need for more than one resubmission or any other delay in obtaining Engineer's review of
submittals, will not entitle the Contractor to an extension of Contract Time.
1.10 OPERATION AND MAINTENANCE DATA AND MANUALS.
A. Adequate operation and maintenance information shall be supplied for all equipment requiring
maintenance or other attention. The equipment Supplier shall prepare a project specific operation and
maintenance manual for each type of equipment indicated in the indi vidual equipment sections or the
equipment schedule.
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B . Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed
in the individual equipment sections or the equipment schedule.
C. Operation and maintenance manuals shall include the following:
I . Equipment function, normal operating characteristics, and limiting conditions.
2. Assembly, installation, alignment, adjustment, and checking instructions.
3. Operating instructions for startup, routine and normal operation, regulation and control,
shutdown, and emergency conditions.
4. Lubrication and maintenance instructions.
5. Guide to troubleshooting.
6 . Parts lists and predicted life of parts subject to wear .
7. Outline, cross section, and assembly drawings; engineering data; and wiring diagrams.
8. Test data and performance curves, where applicable .
D. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed
with or attached to the equipment when delivered, or which may be required by Contractor.
E. Three hard copies of each manual shall be submitted to prior to the date of shipment of the equipment.
When the O&M manuals are returned with the review status "APPROVED AS NOTED/RESUBMIT"
or "NOT APPROVED", the corrections shall be made as instructed by the Engineer, and two copies of
the corrected portion(s) and one complete corrected copy of the O&M manual returned to the
Engineer. After review by Engineer is complete, one hard copy and one electronic copy of each
operation and maintenance manual shall be prepared and delivered to Engineer not later than 30 days
prior to placing the equipment in operation . The electronic copy shall be submitted through the project
website, and will be reviewed for content and organization and assigned a review status by the
Engineer. When corrections are required, a corrected version of the electronic copy shall be
resubmitted. Procedures for submission of the electronic copy will be provided after award of the
Contract. When review of the electronic copy by the Engineer is complete, three copies of each
electronic O&M manual shall be delivered on CD-ROM to the Construction Manager. Each CD shall
contain only one copy of one manual.
F. All material shall be marked with project identification , and inapplicable information shall be marked
out or deleted.
G. Shipment of equipment will not be considered complete until all required manuals and data have been
received.
H . Hard Copy Operation and Maintenance Manuals. Hard copies submitted for review shall be
temporarily bound in heavy paper covers bearing suitable identification . All manuals and other data
shall be printed on heavy, first quality 8-1/2 x 11 inch paper, with standard three-hole punching.
Drawings and diagrams shall be reduced to 8-1/2 x 11 inches or 11 x 17 inches. Where reduction is
not practicable, larger drawings shall be folded separately and placed in envelopes, which are bound
into the manuals . Each envelope shall be suitably identified on the outside. Each volume containing
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data for three or more items of equipment shall include a table of contents and index tabs. The final
hard copy of each manual shall be prepared and delivered in substantial, permanent, three-ring or
three-post binders with a table of contents and suitable index tabs.
I. Labeling. As a minimum, the following information shall be included on all final O&M manual
materials:
Equipment name and/or O&M title spelled out in complete words.
Project Name.
City Project/Contract Number.
Specification Section Number. Example: "Section 15500"
Manufacturer's name.
File Name and Date.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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P.E. CERTIFICATION FORM
The undersigned hereby certifies that he/she is a Professional Engineer registered in the State of
-----------and that he/she has been employed by------------
(Name of Contractor)
__________________ to design ________________ _
(Insert P.E. Responsibilities)
in accordance with Specification Section _____________________ for the
(Name of Project)
The undersigned further certifies that he/she has performed the design of the----------
(Name of Project)
------------------------' that said design is in conformance with
all applicable local, State and Federal codes, rules and regulations, and that his/her signature and P.E. stamp
have been affixed to all calculations and drawings used in, and resulting from, the design.
The undersigned hereby agrees to make all original design drawings and calculations available to the
---------~C=i""ty'----=-'of~F~o=rt~W~ort~h or Owner's representative within seven days
following written request therefore by the Owner.
P.E. Name
Signature
Address
Place P.E. Stamp Here
With Date and Signature
FOJ300 .doc
Contractor's Name
Signature
Title
Address
01300-8 April 2011
City of Port Worth
Rolling Hills WTP
Filter No . 3 Repair Project
PART 1: GENERAL
1.01 TEMPORARY OFFICES
SECTION 01500
TEMPORARY FACILITIES
A. It is not anticipated that temporary offices will be needed by the Contractor. However, if
temporary offices are needed, they shall be established on the job site where approved or directed
by the Engineer, adequately furnished, and maintained in a clean, orderly condition by the
Contractor. Instructions received there from the Engineer shall be considered as delivered to the
Contractor.
B. The Contractor shall supply all fuel for heating and pay all electric bills associated with any
temporary offices that are provided.
1.02 TEMPORARY LIGHT AND POWER
A. Owner shall make available temporary power for Contractor.
1.03 TEMPORARY WATER
A. The Contractor shall provide all temporary piping and appurtenances required, providing
temporary water for construction purposes. Temporary piping and appurtenances shall be removed
upon approval of equipment being tested. Water for construction, testing and disinfection will be
furnished by Owner at no cost to Contractor. Contractor shall be responsible for all piping and
equipment necessary for getting water to its intended use. Coordinate use of water with Owner's
plant personnel.
1.04 TEMPORARY SANITARY FACILITIES
A. Provide self-contained, single-occupant toilet units of the chemical, aerated recirculation, or
combustion type, properly vented and fully enclosed in a fiberglass or other approved
non-absorbent shell .
1.05 FIRE EXTINGUISHERS
A. Provide portable UL-rated, Class A fire extinguishers for temporary offices and similar spaces. In
other locations, provide portable UL-rated Class ABC dry chemical extinguishers or a com-
bination of NFPA recommended Classes for the exposure. Comply with NFPA 10 and 241 for
classification, extinguishing agent and size required by location and class of fire exposure.
1.06 LAYOUT OF TEMPORARY FACILITIES
A . Before starting the work, the Contractor shall submit to the Engineer his requirements for space
for temporary structures and storage of materials. Where onsite space for temporary facilities is
limited, the allocation of the available space will be made by the Engineer. Should the Contractor
require space in addition to that allocated, the Contractor shall make his own arrangements for
storage of materials and equipment in locations off the construction site. For the allocated space,
the Contractor shall submit to the Engineer for approval, his proposed plan and layout for all
temporary offices, sanitary facilities, temporary construction roads, storage buildings, storage
yards, temporary water service and distribution, temporary power service and distribution, and
temporary telephone service.
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1.07 STORAGE BUILDINGS
A. The Contractor shall erect, or provide as approved, temporary storage buildings of the various
sizes as required for the protection of mechanical and electrical equipment and materials as
recommended by manufacturers of such equipment and materials . The buildings shall be provided
with such environmental control systems that meet recommendations of manufacturers of all
equipment and materials stored in the buildings. The buildings shall be of sufficient size and so
arranged or partitioned to provide security for their contents and provide ready access for
inspection and inventory. At or near the completion of the work, and as directed by the Engineer,
the temporary storage buildings shall be dismantled, removed from the site, and remain the
property of the Contractor.
B. Combustible materials (paints, solvents, fuels, etc .) shall be stored in a well-ventilated building
removed from other buildings .
1.08 STORAGE YARDS
A. The Contractor shall construct temporary storage yards for the storage of materials that are not
subject to damage by weather conditions. Materials such as pipe and rei nforcing and structural
steel shall be stored on pallets or racks, off the ground, and in a manner that allows ready access
for inspection and inventory . Temporary gravel surfacing of the storage yards shall meet with the
approval of the Engineer.
1.09 CONTRACTOR'S WORK AREA
A. The Contractor shall limit his operations and storage of equipment and materials to the areas
designated and as directed by the Engineer.
B. Except as provided herein, no sidewalk, private property, or other area adjacent to the plant site
shall be used for storage of the Contractor's equipment and materials unless prior written approval
is obtained from the legal owner.
C. The Contractor shall maintain the area during construction in a manner that will not obstruct
operations on street areas. He shall proceed with his work in an orderly manner, maintaining the
construction site free of debris and unnecessary equipment or materials .
D. At all times, maintain areas covered by the Contract and public properties free from accumulations
of waste, debris, and rubbish caused by construction operations. Contractor shall provide weekly
street cleaning and monthly wet street brooming.
E. Cleaning and disposal operations shall comply with local ordinances and antipollution laws. Do
not bum or bury rubbish and waste materials on the project site. Do not dispose of volatile wastes
such as mineral spirits, oil, chemicals, or paint thinner in storm or sanitary drains. Do not dispose
of wastes into streams or waterways.
F . Wet down dry materials and rubbish to allay dust and prevent blowing dust.
G . Provide approved containers for collection and disposal of waste materials, debri s, and rubbish
and make arrangements for appropriate periodic emptying of the containers.
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1.10 TEMPORARY ACCESS ROADS AND PARKING SPACE
A. The Contractor shall construct temporary construction access roads and detours as are required to
execute the work. The roads shall meet with the approval of the Engineer, and be maintained in
good condition until no longer needed; at which time the temporary roads shall be removed and
the area left in a condition satisfactory to the Engineer.
1.11 PROTECTION OF THE FINISHED CONSTRUCTION
A. The Contractor shall assume the responsibility for the protection of all finished construction and
shall repair and restore any and all damage to finished work to its original or better state .
B . Where responsibility can be determined, the cost for replacement or repair of damaged work shall
be charged to the party responsible. If responsibility cannot be fixed , the cost shall be borne by
the Contractor.
C. Wheeling of any loads over finished floors, either with or without plank protection, shall not be
permitted in anything except rubber-tired wheelbarrows, buggies, trucks, or dollies. This applies
to all finished floors and to all exposed concrete floors as well as those covered with composition
tile or other applied surfacing, and shall apply to all trades.
D. Where structural concrete is also the finished surface, care shall be taken to avoid marking or
damaging those surfaces.
1.12 REMOVAL OF TEMPORARY FACILITIES AND UTILITIES
A. At such time or times any temporary construction facilities and utilities are no longer required for
the work, the Contractor shall notify the Engineer of his intent and schedule for removal of the
temporary facilities and utilities, and obtain the Engineer's approval before removing the same. As
approved, the Contractor shall disconnect and/or dismantle the temporary facilities and utilities
and remove them from the site as his property. Leave the site in such condition as specified, as
directed by the Engineer, and/or as shown on the Plans.
B. In unfinished areas, the condition of the site shall be left in a condition that will restore original
drainage, evenly graded, seeded or planted as necessary, and left with an appearance equal to, or
better than original.
1.13 PAYMENT
A. The work specified in this Section shall be considered incidental and payment will be included as
part of the appropriate lump sum or unit prices stated in the Proposal.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
FOISOO .doc
END OF SECTION
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SECTION 01510
CONSTRUCTION TEMPORARY CONTROLS
PART 1: GENERAL
1.01 MOBILIZATION AND PROGRESS OF THE WORK
A. The Owner will issue a written Notice to Proceed, indicating the date when the Contract Time shall
begin. The Work shall progress as required to prevent delaying completion of the Project.
B. The Contractor shall furnish plant and equipment which will be efficient, appropriate and large
enough to secure a satisfactory quality of work and a rate of progress which will ensure the completion
of the Work within the time stipulated in the Contract Documents . If at any time such plant appears to
the Owner to be inefficient, inappropriate or insufficient for securing the quality of work required or
for producing the rate of progress specified, he may order the Contractor to increase the efficiency,
change the character or increase the plant equipment at the expense of the Contractor, and the
Contractor shall conform to such order. Failure of the Owner to give such order shall in no way
relieve the Contractor of his obligations to secure the quality of work and rate of progress required.
C. The Contractor shall be fully responsible for providing all temporary diversion and dewatering
pumping and piping, plumbing, heating, ventilating, air conditioning, lighting, temporary structures,
and such other items required to complete all indicated work in these contract specifications and
drawings.
D. No work shall be done between the hours of 6:00 p.m. and 7:00 a .m., nor on Saturdays, Sundays or
legal city holidays, except with the written permission of the Owner. Contractor shall submit a request
to the Owner two weeks in advance for work on Sundays and legal holidays. Owner shall be notified
48 hours prior to any work planned for Saturdays. The Contractor will be allowed to work double
shifts, Saturdays, Sundays and legal city holidays if it can be demonstrated that the work items to be
performed are related to the critical path of the construction schedule and if the additional work
schedule is required to meet Substantial Completion milestones. The Contractor's superintendent must
be onsite to supervise all work.
1.02 TEMPORARY CONSTRUCTION
A. Open Excavations
FOISIO .doc
1. All open excavations shall be adequately safeguarded by providing temporary barricades, caution
signs, lights and other means to prevent accidents to persons, and damage to property. The
Contractor shall, at his own expense, provide suitable and safe bridges and other crossings for
accommodating travel by pedestrians and workmen . Bridges provided for access during
construction shall be removed when no longer required. The length or size of excavation will be
controlled by the particular surrounding conditions, but shall always be confined to the limits
prescribed by the Owner. If the excavation becomes a hazard, or if it excessively restricts traffic
at any point, the Owner may require special construction procedures such as limiting the length
of the open trench, prohibiting stacking excavated material in the street, and requiring that the
trench shall not remain open overnight.
01510-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
2. The Contractor shall take precautions to prevent injury to the public due to open trenches. All
trenches, excavated material, equipment, or other obstacles which could be dangerous to the
public shall be well lighted at night.
B. Test Pits
1. Test pits for the purpose of locating underground pipelines or structures in advance of the
construction shall be excavated and backfilled by the Contractor at the direction of the Owner.
Test pits shall be backfilled immediately after their purpose has been satisfied and the surface
restored and maintained in a manner satisfactory to the Owner.
1.03 TEMPORARY CONTROLS
A. Maintenance of Flow
1. The Contractor shall at his own cost, provide for the flow of drains and water courses interrupted
during the progress of the Work, and shall immediately haul away and remove all offensive
matter. The entire procedure of maintaining existing flow shall be fully discussed with the
Owner well in advance of the interruption of any flow .
B. Protection of Sewers
1. Take adequate measures to prevent the impairment of the operation of the existing sewer system.
Prevent construction material, pavement, concrete, earth, or other debris from entering a sewer
or sewer structure.
2 . All sewage flow interfering with construction and requiring diversion shall be diverted to a point
acceptable to the Owner.
C. Protection of Waterways
1. The Contractor shall observe the rules and regulations of the State of Texas and agencies of the
U.S . Government prohibiting the pollution of any lake, stream, river, or wetland by the dumping
of any refuse, rubbish, dredge material, or debris therein .
2 . The Contractor is specifically prohibited from disposal of materials into any waters of the State .
3 . The Contractor shall be responsible for providing holding ponds or an approved method which
will handle, carry through, or divert around his work all flows , including storm flows and flows
created by construction activity, so as to prevent excessive silting of waterways or flooding
damage to the property.
4. The Contractor shall comply with the procedures outlined in the U.S. Environmental Protection
Agency manuals entitled, "Guidelines for Erosion and Sedimentation Control Planning and
Implementation" and "Processes, Procedures and Methods to Control Pollution Resulting from
All Construction Activity", as well as erosion control measures indicated on the Drawings.
D . Disposal of Excess Excavated and Other Waste Materials
FOl510.doc
1. Excess excavated material not required or suitable for backfi ll and other waste material shall be
disposed of off-site as approved by the Owner.
01510-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
2. Unacceptable disposal sites include, but are not limited to , sites within a wetland or critical
habitat and sites where disposal will have a detrimental effect on surface water or groundwater
quality.
3 . The Contractor shall make his own arrangements for disposal subject to submission of proof to
the Owner that the owner(s) of the proposed sites(s) has a valid fill permit issued by the
appropriate governmental agency and submission of a haul route plan including a map of the
proposed route(s).
4 . The Contractor shall provide watertight conveyance of any liquid, semi-liquid, or saturated solids
which tend to bleed or leak during transport. No liquid loss from transported materials will be
permitted whether being delivered to the construction site or being hauled away for disposal.
Fluid materials hauled for disposal must be specifically acceptable at the selected disposal site.
5. The Owner may suspend operations of the Contractor, at their discretion, for alleged
non-compliance with Texas Water Commission or Environment Protection Agency regulations.
E . Protection of Air Quality
1. Air pollution shall be minimized by wetting down bare soils during windy periods or, as
requested by Owner, by requiring the use of properly operating combustion emission control
devices on construction vehicles and equipment used by Contractor and by encouraging the
shutdown of motorized equipment not actually in use .
2. Trash burning will not be permitted on the construction site.
3. If temporary heating devices are necessary for protection of the Work, such devices shall be of a
type that will not cause pollution of the air.
F. Use of Chemicals
1. All chemicals used during Project construction or furnished for Project operation, whether
herbicide, pesticide, disinfectant, polymer, reactant or of other classification, shall show approval
of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture or
any other applicab le regulatory agency . Use of all such chemicals and disposal of residues shall
be in conformance with the manufacturer's instructions.
2. The Contractor shall maintain Material Safety Data Sheets (MSDS) on site and available for
review by the Contractor's employees and City of Fort Worth employees. A copy of each MSDS
sheet shall be provided to the Owner.
G. Noise and Dust Control
F01510.doc
l. The Contractor shall so conduct all his operations that they will cause the least annoyance to the
residents in the vicinity of the work, and shall comply with all applicable local ordinances.
Compressors, hoists, and other apparatus shall be equipped with such mechanical devices as may
be necessary to minimize noise and dust. Compressors shall be equipped with silencers on
intake lines. All gasoline or oil operated equipment shall be equipped with silencers or mufflers
on intake and exhaust lines. Storage bins and hoppers shall be lined with material that will
deaden the sounds if directed by Owner. The operation of dumping rock and of carrying rock
01510-3 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
away in trucks shall be so conducted as to cause a minimum of noise and dust. Vehicles carrying
rock, concrete, or other material shall be routed over such streets as will cause the least
annoyance to the public and shall not be operated on public streets between the hours of 6 p.m .
and 7 a.m., or on Saturdays, Sundays or legal holidays unless approved by the Owner.
H . Nighttime Work
I. If the Contractor for his convenience and at his own expense, should desire to carry on his work
at night or outside the Contractor's regular working hours as established at the preconstruction
conference, he shall submit a written request to the Owner allowing ample time for satisfactory
arrangements to be made for inspecting the work in progress . The Contractor shall provide
lighting for active areas of the Project and shall provide noise abatement measures as required to
comply with all applicable Federal and State regulations and with all applicable requirements of
the City of Fort Worth .
2. Night work may be established by the Contractor as a regular procedure with the written
permission of the Owner. Such permission, however, may be revoked at any time by the Owner
if the Contractor fails to maintain adequate lighting equipment, noise control, and supervision for
the proper prosecution and controls of the work at night, or if the off-site effects of night
construction are deemed by the Owner to be unacceptable.
I. Care and Protection of Property
1. The Contractor shall be responsible for the preservation of all public and private property, and
shall use every precaution necessary to prevent damage thereto . If any direct or indirect damage
is done to public or private property by or on account of any act, omission, neglect, or
misconduct in the execution of the Work on the part of the Contractor, such property shall be
restored by the Contractor, at his expense, to a condition equal to that existing before the damage
was done, or he shall repair the damage in a manner acceptable to the Owner.
2 . The Contractor shall not enter or occupy private land outside of easements, except by written
permission of the respective landowner.
J. Protection of the Finished Construction
I. The Contractor shall assume the responsibility for the protection of all finished construction and
shall repair and restore any and all damage to finished work to its original or better state .
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
FOI5 IO .doc
END OF SECTION
01510-4 April 2011
City of Fort Worth
Rolling Hills wrP
Filter No.3 Repair Project
PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION O 1600
DELIVERY, STORAGE AND HANDLING
A. This Section specifies the general requirements for the delivery, handling, storage and protection for all
items required in the construction of the work. Specific requirements, if any, are specified with the
related item.
B. Contractor shall schedule deliveries within the guidelines set forth by the City to meet plant security
requirements.
1.02 TRANSPORTATION AND DELIVERY
A. Transport and handle items in accordance with manufacturer's instructions .
B. Schedule delivery to reduce long term on-site storage prior to installation and/or operation. Under no
circumstances shall equipment be delivered to the site more than one month prior to installation without
written authorization from the Engineer.
C. Coordinate delivery with installation to ensure minimum holding time for items that are hazardous,
flammable, easily damaged or sensitive to deterioration.
D. Deliver products to the site in manufacturer's original sealed containers or other packing systems,
complete with instructions for handling, storing, unpacking, protecting and installing.
E. All items delivered to the site shall be unloaded and placed in a manner which will not hamper the
Contractor's normal construction operation or those of subcontractors and other contractors and will not
interfere with the flow of necessary traffic .
F. Provide necessary equipment and personnel to unload all items delivered to the site.
G. Promptly inspect shipment to assure that products comply with requirements, quantities are correct, and
items are undamaged. For items furnished by others (i.e., Owner, other Contractors), perform
inspection in the presence of the Engineer. Notify Engineer verbally, and in writing, of any problems.
1.03 STORAGE AND PROTECTION
A. Store and protect products in accordance with the manufacturer's instructions, with seals and labels
intact and legible. Storage instruction shall be studied by the Contractor and reviewed with the
Engineer by him/her. Instruction shall be carefully followed and a written record of this kept by the
Contractor. Arrange storage to permit access for inspection.
B. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign
matter.
FOl600.doc 01600-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No .3 Repair Projec t
C. Cement and lime shall be stored under a roof and off the ground and shall be kept completely dry at all
times. All structural, miscellaneous and reinforcing steel shall be stored off the ground or otherwise to
prevent accumulations of dirt or grease, and in a position to prevent accumulations of standing water
and to minimize rusting. Beams shall be stored with the webs vertical. Precast concrete shall be
handled and stored in a manner to prevent accumulations of dirt, standing water, staining, chipping or
cracking. Brick, block and similar masonry products shall be handled and stored in a manner to reduce
breakage, cracking and spalling to a minimum.
D. All mechanical and electrical equipment and instruments subject to corrosive damage by the
atmosphere if stored outdoors (even though covered by canvas) shall be stored in a weathertight
building to prevent injury. The building may be a temporary structure on the site or elsewhere, but it
must be satisfactory to the Engineer. Building shall be provided with adequate ventilation to prevent
condensation . Maintain temperature and humidity within range required by manufacturer.
1. All equipment shall be stored fully lubricated with oil , grease and other lubricants unless
otherwise instructed by the manufacturer. All space hea ters in equipment shall be energized
during construction .
2 . Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to avoid
metal-to-metal "welding". Upon installation of the equipment, the Contractor shall start the
equipment, at least half-load, once weekly for an adequate period of time to ensure that the
equipment does not deteriorate from lack of use.
3 . Lubricants shall be changed upon completion of installation and as frequently as required
thereafter during the period between installation and acce ptance. New lubricants shall be put into
the equipment at the time of acceptance.
4 . Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the
equipment and certify that its condition has not been detrimentally affected by the long storage
period. Such certifications by the manufacturer shall be deemed to mean that the equipment is
judged by the manufacturer to be in a condition equal to that of equipment that has been shipped,
installed, tested and accepted in a minimum time period. As such, the manufacturer will guaranty
the equipment equally in both instances. If such a certifi cation is not gi ven, the equipment shall be
judged to be defective. It shall be removed and replaced at the Contractor's expense.
PART 2 : PRODUCTS (NOT USED)
PART 3 : EXECUTION (NOT USED)
FOl600.doc
END OF SECTION
01600-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Proje ct
PART 1: GENERAL
SECTION 01610
MATERIAL AND EQUIPMENT
1.01 ACCEPTANCE OF MATERIALS AND EQUIPMENT
A. Only new materials and equipment shall be incorporated in the Work , except for Owner furnished
equipment and materials listed on the Drawings . Materials and equipment furnished by the Contractor
shall be subject to the inspection and approval of the Owner. No material shall be delivered to the
Wark without prior ap proval of the Owner.
B. Material and equipment inco rp orated into the Work shall:
1. Be new or listed on the Drawings as Owner furnished, in current production, and conforming to
applicable specifications and standards.
2 . Comply with size, make, type and quality specified , or as specifically approved in writing by the
Engineer.
C. Manufacture like parts of duplicate units to standard sizes and gages, to be interchangeable.
D. Two or more items of the same kind shall be identical, by the same manufacturer.
E . Products and equipment shall be suitable for service conditions .
F . Equipment capacities, sizes and dimensions shown or specified shall be adhered to unless variations
are specifically approved in writing.
G. Do not use material or equipment for any purpose other than that for which it is designed or is
specified .
H . The materials and equipment used on the Work shall correspond to the approved sample s or other
submitted data .
1.02 REUSE AND REPLACEMENT OF EXISTING MATERIALS AND EQUIPMENT
A. Except as specifically indicated or specified, materials and equipment removed from any existing
structure shall not be used in the completed Work.
B . For the pieces of equipment to be reused in the work:
1. Use special care in removal, handling, storage and rein stallation , to assure proper function in the
completed Wark.
2 . Arrange for transportation, storage and handling of produ cts wh ich require off-site storage,
restoration or renovation. Pay all costs for such work .
FOJ610 .doc 01610-1 Apri l 20 1 I
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
1.03 TRANSPORTATION AND HANDLING
A. Arrange deliveries of products and equipment in accord with construction schedules, coordinate to
avoid conflict with work and conditions at the site.
B. Deliver products in undamaged condition, in manufacturer's original containers or packaging, with
identifying labels intact and legible.
C. Pipe and other materials delivered to the job shall be unloaded and placed in a manner which will not
hamper the normal operation of the existing plant or interfere with the flow of necessary traffic.
D. Immediately on delivery, inspect shipments to assure compliance with requirements of Contract
Documents and approved subrnittals, and that products are properly protected and undamaged.
1.04 INSPECTION AND TESTING FOR ACCEPTANCE
A. Furnish all materials or specimens for testing and all labor and facilities for inspection of equipment
and materials.
B. Furnish suitable evidence that the materials proposed to be incorporated into the Work are in
accordance with the Specifications. Mill tests for reinforcing steel and cement will be acceptable if it
is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test
results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material
being furnished is in accordance with the manufacturer's or supplier's specifications to which the test
results apply. Should the Contractor fail to provide the above information, the Owner shall have the
right to require tests to be made by the Owner's laboratory to obtain the information and the cost
therefor shall be borne by the Contractor. The Owner may have further inspection and tests made by
the laboratory or may make tests himself, to ensure that the Contractor is complying with the
Specifications.
C . Details for testing equipment and materials are found m the individual Sections of these
Specifications.
D. If the Owner requires, either prior to beginning or during the progress of the Work, the Contractor
shall submit samples or materials for such special tests as may be necessary to demonstrate that they
comply with the Specifications. Such samples shall be furnished, stored, packed, and shipped as
directed at the Contractor's expense. Except as otherwise noted, the Owner will make arrangements
for and pay for the tests.
E. Delay of approval resulting from the Contractor's failure to submit samples or data promptly shall not
be used as a basis of a claim against the Owner or Engineer.
1.05 STORAGE AND PROTECTION OF EQUIPMENT AND MATERIALS ON SITE
A. Materials and equipment to be incorporated in the Work shall be handled and stored by the
manufacturer, fabricator, supplier and Contractor before, during, and after shipment in a manner to
prevent warping, twisting, bending, breaking, chipping, rusting, and any injury, theft or damage of any
kind whatsoever to the material or equipment.
B. Special attention shall be given to the storage and handling of equipment on site . Equipment storage
will be approved by the Owner. As a minimum, the procedure outlined below shall be followed:
FOl610.doc 01610-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
1. Equipment shall be shipped as late as possible to assure its availability when required by the
Contractor's schedule. The intent of this requirement is to reduce on-site storage time prior to
installation and operation. Under no circumstances shall equipment be delivered to the site more
than one month prior to installation without prior written authorization from the Owner.
Equipment shall not be shipped until the Contractor has received an approved submittal from the
Owner.
2. Equipment having moving parts such as gears, electric motors, and instruments shall be stored in
a temperature and humidity controlled building approved by the Owner, until such time as the
equipment is to be installed. All space heaters in equipment shall be energized during
construction.
3. Equipment shall be stored fully lubricated with oil or grease, unless otherwise instructed by the
manufacturer.
4. Manufacturer's storage instructions shall be carefully studied by the Contractor and reviewed
with the Owner. These instructions shall be carefully followed and a written record shall be kept
by the Contractor.
5 . Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to
avoid metal-to-metal "welding". Upon installation of the equipment, the Contractor shall start
the equipment, at least half load, once weekly for an adequate period of time to ensure that the
equipment does not deteriorate from lack of use.
6. Lubricants shall be changed upon completion of installation and as frequently as required
thereafter during the period between installation and acceptance. New lubricants shall be put
into equipment at the time of substantial completion.
7. Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the
equipment and certify in writing to the Owner that its condition has not been detrimentally
affected by the long storage period. Such certification by the manufacturer shall be deemed to
mean that the equipment is judged by the manufacturer to be in a condition equal to that of
equipment that has been shipped, installed, tested and accepted in a minimum time period. As
such, the manufacturer will guarantee the equipment equally in both instances. If such a
certification is not given, the equipment shall be judged to be defective. It shall be removed and
replaced at the Contractor's expense.
C. Store materials in accordance with manufacturer's instructions, with seals and labels intact and legible .
1. Store products subject to damage by the elements in weathertight enclosures.
2. Maintain temperature and humidity within the ranges required by manufacturer's instructions.
D. Exterior Storage:
1. Store fabricated products and equipment above the ground, on blocking or skids, to prevent
soiling or staining. Cover products which are subject to deterioration with impervious sheet
coverings; provide adequate ventilation to avoid condensation.
2 . Store loose granular materials in a well-drained area on solid surfaces to prevent mixing with
foreign matter.
F01610 .doc 01610-3 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Proj ect
3 . Cement and lime shall be stored under a roof and off the ground and shall be kept completely
dry . Structural, miscellaneous, and reinforcing steel shall be stored off the ground or otherwise to
prevent accumulations of dirt or grease, and in a position to prevent accumulations of standing
water and to avoid rusting.
4 . Beams shall be stored with the webs vertical. Precast concrete shall be handled and stored in a
manner to prevent accumulations of dirt, standing water, staining, chipping or cracking. Brick,
block and similar masonry products shall be handled and stored in a manner to prevent breakage,
chipping, cracking, and spalling.
E . Mechanical equipment subject to corrosive damage by the atmosphere if stored outdoors (even though
covered) shall be stored in a building to prevent injury. The building may be a temporary structure on
the Site or elsewhere, but it shall be satisfactory to the Owner.
F. Arrange storage in a manner to provide easy access for inspection . Make periodic inspections of
stored materials and equipment to assure that they are maintained under specified conditions, and free
from damage or deterioration.
G. Protection After Installation :
1. Provide substantial coverings as necessary to protect installed materials and equipment from
damage from traffic and subsequent construction operations . Remove when no longer needed.
H . Off-Site Storage:
l. Contractor may store materials and equipment off-site with Owner's approval.
I. Rejection of Materials and Equipment:
1. Materials and equipment which, in the opinion of the Owner, have become so damaged as to be
unfit for the use intended or specified shall be promptly removed from the site of the Work. The
Contractor shall receive no compensation for the damaged material or its removal.
2 . Damaged material and equipment shall be replaced at the Contractor's expense.
1.06 INSTALLATION STANDARDS
A. Handle, store and install equipment m accordance with the manufacturer's drawings and
recommendations.
B . When Contract Documents require that installation of work shall comply with manufacturer's printed
instructions , obtain and distribute copies of such instructions to parties involved in the installation.
Maintain one set of complete instructions at the job site during installation and until completion.
C. Handle, install, connect, clean, condition and adjust products in strict accord with such instructions
and in conformity with specified requirements . Do not omit any preparatory step or installation
procedure unless specifically modified or exempted by Contract Documents.
FOI610.doc
1. Should job conditions or specified requirements conflict with manufacturer's instructions,
consult with Owner for further instructions.
01610-4 April 20 11
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
2. Do not proceed with work without clear instructions.
D. New equipment and existing equipment to be relocated shall be carefully aligned on the new
foundations after their sole plates have been properly shimmed to true alignment at the anchor bolts.
The anchor bolts shall be set in place and the nuts tightened against the shims. After the foundation
alignments have been approved by the Owner, the bed plates or wing feet of the equipment shall be
securely bolted in place. The alignment of equipment shall be further checked after securing to the
foundations, and after confirmation of alignments, the sole plates shall be finally grouted in place.
E. Provide wedges, shims, filling pieces, keys, packing, red or white lead, grout, or other materials
necessary to properly align, level, and secure apparatus in place. Parts intended to be plumb or level
shall be proven exactly so. Grinding necessary to bring parts to proper bearing after erection shall be
done.
F. Special care shall be taken to ensure proper alignment of sluice gates, operating mechanisms, stems,
stem guides, and accessories. Care shall be taken to avoid warping the gate frames and to maintain
tolerances between seating faces. Gates, stems, and operators shall be plumbed, shimmed and
accurately aligned.
G. Provide openings, channels, and chases, and install anchor bolts and other items to be embedded in
concrete, as required to complete the Work under this Contract and do all cutting and patching as
required.
H. Furnish sleeves, inserts, hangers, and anchor bolts, required for the execution of the electrical, HV AC,
and plumbing work specified and shown on the Drawings. In no case shall beams, lintels, or other
structural members be cut without the approval of the Owner.
1.07 SUBSTITUTIONS AND PRODUCT OPTIONS
A. Substitutions will not be allowed for this project.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
FOl610.doc
END OF SECTION
01610-5 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION 01700
CONTRACT CLOSEOUT
A. This Section outlines the procedure to be followed in closing out the Contract.
1.02 FINAL CLEANING
A. At the completion of work and immediately prior to final inspection, cleaning of the entire project
shall be accomplished according to the following provisions:
1. The Contractor shall thoroughly clean, sweep, wash , and polish all work and equipment
provided under the Contract, including finishes. The cleaning shall leave the structures and site
in a complete and finished condition to the satisfaction of the Engineer.
2. All Subcontractors shall similarly perform, at the same time, an equivalent thorough cleaning of
all work and equipment provided under their contracts.
3. The Contractor shall remove all temporary structures and all debris, including all dirt, sand,
gravel, rubbish and waste material. See Section 01500 , Temporary Facilities.
4. Should the Contractor not remove rubbish or debris, or not clean the buildings and site as
specified above, the Owner reserves the right to have the cleaning done at the expense of the
Contractor.
B . Use only cleaning materials recommended by manufacturer of surface to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material manufacturers.
D. In preparation for project completion or occupancy, conduct final inspection of sight-exposed interior
and exterior surfaces, and of concealed spaces.
E. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from sight-exposed
interior and exterior finished surfaces . Polish surfaces so designated to shine finish.
F . Repair, patch, and touch up marred surfaces to specified finish, to match adjacent surfaces.
G . Vacuum-clean all interior spaces, impacted by construction. Broom clean paved surfaces, rake clean
other surfaces of grounds.
H . Handle materials in a controlled manner with as few handlings as possible. Do not drop or throw
materials from heights.
I. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will
not fall on wet, newly-painted surfaces.
FOl700.doc 01700-1 April 2011
City ofFort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
1.04 FINAL INSPECTION
A. After final cleaning and restoration and upon written notice from the Contractor that the work is
completed, the Engineer will make a preliminary inspection with the Owner and the Contractor
present. Upon completion of this preliminary inspection, the Engineer will notify the Contractor, in
writing, of any particulars in which this inspection reveals that the work is defective or incomplete.
B. Upon receiving written notice from the Engineer, the Contractor shall immediately undertake the work
required to remedy deficiencies and complete the work to the satisfaction of the Engineer.
C. When the Contractor has corrected or completed the items as listed in the Engineer's written notice, he
shall inform the Engineer, in writing, that the required work has been completed. Upon receipt of this
notice, the Engineer, in the presence of the Owner and the Contractor, will make his final inspection
of the project.
D. Should the Engineer find all work satisfactory at the time of his inspection, the Contractor will be
allowed to make application for final payment. Should the Engineer still find deficiencies in the work,
the Engineer will inform the Contractor of the deficiencies and will deny the Contractor's request for
final payment until such time as the Contractor has satisfactorily completed the required work.
1.05 FINAL SUBMITT ALS
A. No application for final payment will be accepted until all submittals have been made and approved by
the Engineer, including, but not limited to, the following:
l. Final shop drawings.
2. Project Record Documents
3. All Operation and Maintenance Manuals.
4. All Manufacturers' Certificates of Proper Installation.
5. All construction photographs, including those of the completed project.
6. Certificate that all outstanding debts are paid and that there are no liens on the project.
1.06 GUARANTEES, BONDS, AND AFFIDAVITS
A. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses, and
affidavits required for work or equipment as specified are satisfactorily filed with the Engineer.
1.07 RELEASE OF LIENS OR CLAIMS
A. No application for final payment will be accepted until satisfactory evidence of release of liens has
been submitted to the Owner as required by the General Conditions.
1.08 FINAL PAYMENT
A. Final payment will be made to the Contractor in accordance with the Agreement.
FOI700 .doc 01700-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
FOl700.doc
END OF SECTION
01700-3 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
PART 1: GENERAL
1.01 REQUIREMENTS INCLUDED
SECTION 01710
CLEANING
A. Execute cleaning, during progress of the Work, and at completion of the Work.
1.02 RELATED REQUIREMENTS
A. Each Specification Section: Cleaning for specific products or work .
1.03 DISPOSAL REQUIREMENTS
A . Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and
anti-pollution laws .
PART 2:
PART 3 :
PRODUCTS (NOT USED)
EXECUTION
3.01 DURING CONSTRUCTION
A. Execute daily cleaning to keep the Work, the site and adjacent properties free from accumulations of
waste materials , rubbish and windblown debris, resulting from construction operations.
B . Provide on-site containers for the collection of waste materials , debris and rubbish. All waste
materials including containers, food debris and other miscellaneous materials must be disposed of
daily in on-site containers .
C. Remove waste materials, debris and rubbish from the site periodically and dispose of at legal disposal
areas away from the site.
D. Provide weekly cleaning of plant roadways .
3.02 DUST CONTROL
A. Clean interior spaces prior to the start of finish painting and continue cleaning on an as-needed basis
until painting is finished.
B. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall
on wet or newly-coated surfaces.
3.03 FINAL CLEANING
A. Employ skilled workmen for final cleaning .
F01710.doc 01710-1 April 20 11
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials
from sight-exposed interior and exterior surfaces .
C. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds.
D. Prior to final completion, or Owner occupancy, Contractor shall conduct an inspection of
sight-exposed interior and exterior surfaces, and all work areas, to verify that the entire Work is clean .
END OF SECTION
F01710 .doc 01710-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Proj ect
PART 1: GENERAL
SECTION 01720
PROJECT RECORD DOCUMENTS
1.01 REQUIREMENTS INCLUDED
A. Maintain at the site, for the Owner's use, one record copy of:
1. Drawings.
2. Specifications.
3. Addenda.
4 . Change Orders and other Modifications to the Contract.
5 . Engineer's Field Orders or written instructions.
6. Approved Shop Drawings, Working Drawings and Samples.
7 . Field Test records.
8 . Construction photographs .
9. RFis
10. Submittal Logs
1.02 RELATED REQUIREMENTS
A . Section 01300: Submittals.
1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Store documents and samples in Contractor's field office apart from documents used for construction .
1. Provide files and racks for storage of documents.
2. Provide locked cabinet or secure storage space for storage of sample s .
B . File documents and samples in accordance with CSI/CSC format.
C . Maintain documents in a clean , dry, legible condition and in good order. Do not use record
documents for construction purposes.
D . Make documents and samples available at all times for ins pection b y t he Engineer .
F0 1720.doc 01720-1 Ap ril 20 11
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
E. As a prerequisite for monthly progress payments, the Contractor is to exhibit the currently updated
"record documents" for review by the Engineer and the Owner.
1.04 MARKING DEVICES
A . Provide felt tip marking pens for recording information in the color code designated by the Engineer.
1.05 RECORDING
A. Label each document "PROJECT RECORD" in neat large printed letters.
B. Record information concurrently with construction progress.
1. Do not conceal any work until required information is recorded .
C. Drawings -Legibly mark to record actual construction:
1. All underground piping with elevations and dimensions. Changes to piping location. Horizontal
and vertical locations of pipe fittings, underground utilities and appurtenances, referenced to
permanent surface improvements . Actual installed pipe material, class, etc .
2. Field changes of dimension and detail.
3. Changes made by Field Order or by Change Order.
4. Details not on original contract drawings.
5. Equipment relocations and piping.
D. Specifications and Addenda -Legibly mark each Section to record :
l. Manufacturer, trade name, catalog number, and Supplier of each Product and item of equipment
actually installed.
2. Changes made by Field Order or by Change Order.
1.06 SUB MITT AL
A . At every six month interval a copy of the up to date Record Drawings shall be provided to the
Engineer. At Contract close-out, deliver Record Documents to the Engineer for the Owner.
B. Accompany submittal with transmittal letter in duplicate, containing :
1. Date.
2. Project title and number.
3. Contractor's name and address.
4 . Title and number of each Record Document.
F01720 .doc 01720-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Project
5. Signature of Contractor or his authorized representative .
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
F01720.doc 01720-3 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Proj ec t
PART 1: GENERAL
SECTION 01740
WARRANTIES AND BONDS
1.01 REQUIREMENTS INCLUDED
A. Compile specified warranties and bonds , in accordance with the General Conditions.
B. Co-execute submittals when so specified .
C. Review submittals to verify compliance with Contract Documents.
D. Submit to the Engineer for review and transmittal to Owner.
1.02 RELATED REQUIREMENTS
A. Instructions to Bidders: Bid Bonds.
B . Conditions of the Contract: Performance Bond and Payment Bond.
C . Agreement.
D . Section 01700 : Contract Closeout.
E . Special Conditions: Maintenance Bond.
1.03 SUBMITTAL REQUIREMENTS
A. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective
manufacturers, suppliers, and subcontractors.
B. Number of original signed copies required: Two each .
C. Table of Contents: Neatly typed , in orderly sequence. Provide complete information for each item.
1. Product or work item.
2. Firm, with name of principal, address and telephone number.
3. Scope.
4 . Date of beginning of warranty, bond or service and maintenance contract.
5. Duration of warranty, bond or service maintenance contract.
6. Provide information for Owner's personnel :
a. Proper procedure in case of failure .
FOl740 .doc 01740-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Repair Proj ect
b. Instances which might affect the validity of warranty or bond.
7 . Contractor, name of responsible principal, address and telephone number.
1.04 FORMS OF SUB MITT ALS
A . Prepare in duplicate packets.
B . Format:
1. Size 8 1/2 inches x 11 inches, punch sheets for standard 3-post binder.
a. Fold larger sheets to fit into binders.
2 . Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS". List:
a. Title of Project.
b . Name of Contractor.
C. Binders: Commercial quality, three-post binder, with durable and cleanable plastic covers and
maximum post width of 2 inches.
1.05 WARRANTY SUBMITTAL REQUIREMENTS
A . For all major pieces of equipment, submit a warranty from the equipment manufacturer. The
manufacturer's warranty period shall be concurrent with the Contractor's for two (2) years, unless
otherwise specified, commencing at the time of final acceptance by the Owner.
B. The Contractor shall be responsible for obtaining certificates for equipment warranty for all major
equipment specified under Divisions 11, 13, 14, 15 and 16 and which has a 1 HP motor or which lists
for more than $1,000. The Engineer reserves the right to request warranties for equipment not
classified as major. The Contractor shall still warrant equipment not considered to be "major" in the
Contractor's one-year warranty period even though certificates of warranty may not be required.
C. For certain pieces of equipment, the Owner may require a warranty of more than one year. The
requirement for a warranty of more than one year shall be specified in individual sections of the
Specifications .
PART2:
PART 3:
FOl740.doc
PRODUCTS (NOT USED)
EXECUTION (NOT USED)
END OF SECTION
01740-2 April 2011
DIVISION 2
SITEWORK
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Proj ect
PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION 02050
DEMOLITION
A. The Contractor shall furnish all labor, materials, equipment and incidentals required to provide all
demolition, dismantling, cutting, fitting and patching, and salvage work required to complete the
work as shown on the Drawings and specified herein .
B . The Contractor shall comply with applicable laws , codes, ordinances and regulations, and shall
obtain and pay for necessary permits .
C. The Contractor shall remove from site and legally dispose of dismantled materials , trash, debris,
etc ., except any items specifically indicated to be reused and any items des ignated on the
Drawings to be salvaged for Owner's own purposes . Such items shall be carefully removed under
the Contract and moved to an area designated by the Owner on the project site .
D. All other materials removed un der the modification work and not called for to be reused or turned
over to the Owner on the project shall be disposed of legally, off the site , by Contractor, who will,
upon removal from site, have the rights of salvage of materials .
E . The Contractor shall visit the site of the work and examine the premises so as to fully understand
all of the existing conditions relative to the work. No increase in cost or exten sion of performance
time will be considered for failure to know the conditions of the site and structures .
F . The Contractor shall be responsible for removing and modifying piping and structures in such a
sequence that there will be no disruption of operations. The contractor's construction schedule
shall include demolition work at times that meet the construction sequencing issues presented in
Section 01040.
1.02 CARE, PROTECTION AND REPAIR
A. The Contractor is cautioned to exercise great care in protecting existing structures and property of
the Owner while proceeding with work of this Section and the entire Contract. All damage shall
be repaired at once to the satisfaction of the Engineer. All such repairs shall be at the ex pense of
the Contractor and no claims for additional payment will be accepted .
1.03 CONDITIONS OF STRUCTURES
A . The Owner and the Engineer assume no responsibility for the actual condition of the structures to
be demolished or modified.
B . Conditions existing at the time of inspection for bidding purposes will be maintained by the
Owner insofar as practicable. However, variations within a structure may occur prior to the start
of demolition work.
F0205 0 .doc 02050-1 Apri l 2011
City of Fort Worth
Rolling Hills WTP
Filter No. 3 Repair Project
C . The Engineer may, upon inspection, direct the Contractor to repair or replace deteriorated or
damaged structures, piping or mechanical equipment as extra work. Extra work, if any, will be
performed and paid for in accordance with other portions of the Contract Documents .
PART 2 : PRODUCTS
A. Comply with specifications and standards for involved products.
PART 3: EXECUTION
3.01 INSPECTION
A. Inspect existing conditions of the project, including elements subject to damage or movement
during demolition, cutting, and patching.
B. After uncovering work, inspect the conditions affecting the installation of products or
performance of the work.
C. Report unsatisfactory or questionable conditions to the Owner in writing; do not proceed with
the work until the Engineer has provided further instructions.
3.02 PREPARATION
A . Provide adequate temporary support as necessary to assure the structural value or integrity of the
affected portion of the work.
B. Provide devices and methods to protect other portions of the project from damage.
C. Provide protection from the elements for that portion of the project which may be exposed by
demolition, cutting, and patching work, and maintain excavations free from water.
3.03 PERFORMANCE
A. General Considerations: Provide and maintain barriers, dust screens, warning lights, etc. as may
be necessary to protect persons and property. Perform work with utmost care using tools and
methods that will not transfer any heavy shocks to adjacent structures to remain in service and in
place . Take all possible care to avoid vibration and other disturbances . Perform demolition
work in a careful, orderly manner giving prime consideration to , but not necessarily limited by:
1. Protection of public and Owner's personnel.
2. Protection from weather.
3 . Protection of the environment in accordance with Division 1.
4. Protection of existing structures or portions thereof to remain .
5. Maintaining continuous operations at the plant.
6. Maintenance of orderly access.
7. Coordination and cooperation with Owner.
B . Pollution Controls : Use water sprinkling, temporary enclosures, and other suitable methods to
limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing
regulations pertaining to environmental protection .
F02050.doc 02050-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No . 3 Rep ai r Project
l. Do not use water when it may create hazardous or objectionable conditions such as
flooding, erosion, or pollution.
2. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition
operations as directed by Owner or governing authorities. Return adjacent areas to
condition existing prior to start of work.
3 . Prior to demolition inside existing structures, provide covers consisting of plastic sheeting
and framing over existing pumps, motors, switchgear, and control panels . Maintain covers
during demolition operations.
D . Execute fitting and adjustment of products to provide a finished installation to comply with
specified products , functions, tolerances, and finishes.
E . Take care in the removal of equipment and materials to be salvaged to prevent damage to such.
F. Modification consists of demolition as required, removing, replacing or altering existing
concrete. Also included is such work as plugging pipe and wall open ings, the removal of
portions of an existing structure, and construction of additions to ex isting structures.
G . Use of explosives will not be permitted on the project.
H. Debris shall not be allowed to accumulate.
END OF SECTION
F020 50 .doc 02050-3 Ap ril 20 11
DIVISION 13
SPECIAL CONSTRUCTION
City of Fort Worth
Rolling Hills WTP
Filter No .3 Repair Project
PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION 13221
FILTER UNDERDRAIN SYSTEM
A. Furnish all labor, material, equipment and incidentals required to install, test and ready for
operation a complete air/water underdrain system for one existing filter (Filter No. 3) as shown on
the Drawings and as specified herein. The work shall include, but is not limited to, the following :
1. Remove and store approximately one half of the existing 48 inches of anthracite media from
Filter No. 3 (The other one half of the media has been previously removed and stored in
Filters No. 2 and No. 4.) Detach, remove and store existing 34 air hose tubes from Filter No .
3 air headers and underdrain blocks. Remove and dispose of existing filter underdrain blocks
and associated supports, anchors, grout and base grout. Refinish and modify the existing filter
box slab as needed for proper installation of the new underdrain.
2. Furnish and install the new underdrain system. Prior to installation of underdrain blocks,
perform pull tests on all anchor support rods, both U-Rods for flume blocks and I-Rods for
additional hold down supports .
3. Re-install the 34 air hose tubes (drop pipes) and clamps, and connect between the existing air
header pipe and the new underdrain system .
4. Performance test the new underdrains.
B. The filter underdrain system shall include all items and materials within the filter box, above the
filter box base slab and below the media, and within the gullet. This includes all underdrain
appurtenances required for the complete air/water backwash underdrain system as shown on the
Drawings and as specified herein.
C. The air piping and associated connections to the new air/water underdrains within the filter boxes
shall be verified by the underdrain manufacturer to allow air distribution control through the new
underdrain blocks. Modifications to the air system shall be made if required by the underdrain
manufacturer to ensure proper operation of filter as specified herein.
D. The Contractor and underdrain manufacturer shall have sole responsibility for the performance of
the underdrain system, especially with respect to headlosses and uniform distribution of air and
water. All additions and/or modifications needed to meet the requirements of this Specification
shall have been allowed for in the original bid, and therefore, Owner and Engineer will not accept
or recommend any request for additional compensation or time due to the need for any such
changes.
E . All components which come in contact with the process water or chemicals to be added to process
water shall have obtained or applied for ANSI/NSF 61 certification .
Fl 3221.doc 13221-1 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No.3 Repair Project
F . Furnish and install new angle hold-down supports and anchor rods (I-Rods) as shown on the
drawings for Filter No. 3. Pull test each anchor rod . The existing I-Rods can be re-used if the
existing underdrains can be removed without damaging these rods .
G. Furnish and install epoxy sealant in the void areas located between the filter underdrain flume
blocks and the filter box floor for Filter No. 3.
H. The existing twenty filters have dimensions of 17'-0" width and 66' -0" length with a center flume
for filtered water collection and backwash water distribution . Air headers located above the
header distribute backwash air through air drop piping into the top of the flume blocks.
1.02 RELATED WORK
A. Filter media support gravel is specified in Section 13226.
B . Warranty and Bonds are specified in Section 01740
1.03 SYSTEM DESCRIPTION
A. The underdrain system is intended to allow for the uniform collection of filtered water and
uniform distribution of backwash water and air over the total area of the filter floor . The
backwash system will allow for the simultaneous use of air and water, at all the rates indicated in
Paragraph 1.07 .
B. The filter underdrain system shall consist of a self-contained dual-lateral plastic block underdrain
system with air distribution tubes . The filter underdrain system shall be designed to operate with
the existing air distribution system and air drop tubes . The filter underdrain system shall be the
"Universal Type S" underdrain as manufactured by ITT Leopold, Zelienople, PA, similar
underdrain as manufactured by Roberts Leotech, Inc. or Tetra.
C . The U-Rods and I-Rods with angle supports shall be installed for additional hold down support for
the underdrain systems.
1.04 QUALITY ASSURANCE
A . The filter underdrain system shall be designed and furnished by the manufacturer as specified in
Paragraph 1.03.B. The underdrain system manufacturer shall be responsible for designing and
furnishing a ready-to-install system which meets all requirements specified. The manufacturer
shall furnish the Contractor with such installation details , cast-in-place items , and
recommendations as are necessary to acceptably interface the filter underdrain system with the
filter box, including requirements for dowels, anchorage, sealants and the like .
B. Manufacturer's Qualifications and Unit Responsibility
1. The underdrain system shall be designed and furnished by a single manufacturer experienced
in the design and manufacture of the filter underdrain systems specified . This provision,
however, shall not be construed as relieving the Contractor of his/her o verall responsibility .
2 . The underdrain system manufacturer shall be responsible for designing and furnishing a
ready-to-install system that meets all flow and structural design requirements specified herein .
Fl 322 1.doc 13221-2 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No .3 Repair Project
1.05 SUBMITT ALS
A. Submit to the Engineer for acceptance complete shop drawings showing details of fabrication,
materials of construction, installation, and leveling data of all items furnished under this Section.
B. Details submitted shall include as a minimum, head loss calculations for air, water, and combined
air/water backwash; structural design calculations, including the hold-down system; installation
details; hydraulic calculations; certification of compatibility of the underdrain system with the
filter media specified in Section 13226; proposed testing and start-up procedures ; and any other
data the Engineer deems necessary to demonstrate the suitability and stability of the underdrain
system and compliance with these Specifications.
C. The head loss data and hydraulic calculations to be submitted shall include the full range of flow
conditions specified, and shall indicate pertinent physical relationships between air and water
metering orifices; cross sectional flow areas for water and air during transport to the flow metering
elements; relative magnitudes of entrance, transport, metering and discharge losses; and such other
data as may be required by the Engineer to demonstrate that the proposed system will provide
uniform flow distribution and will not exceed head loss limits .
D. The manufacturer's design piping within the filter boxes shall be submitted , including supporting
design calculations , complete bill of materials, and scale drawings of all piping, connections,
supports, and other items required for a complete installation . The Contractor shall be responsible
to furnish and install related pipe supports.
E . Quality Control Submittals
I. Certification of compatibility of the underdrain system with the filter media specified in
Section 13226 .
2 . Shipping, storage, protection, and handling instructions .
3. Manufacturer's installation instructions .
4 . Manufacturer's Certificate of Proper Installation for new underdrain system, including hold
down anchor system and new hold down anchor system for eighteen existing filter underdrain
systems.
5. Operation and Maintenance Manual.
1.06 MANUFACTURERS' REPRESENTATIVE DUTIES/STARTUP/OPERATING AND
MAINTENANCE INSTRUCTIONS
A . The underdrain system to be furnished shall be installed, aligned, and tested under the supervision
of installation specialists, factory trained by the manufacturer, as a condition precedent to final
acceptance of the work . The Contractor shall furnish the Engineer with the manufacturer's
certification stating that the new underdrain system for Filter No. 3 has been properly installed,
aligned and tested, and meets all requirements for satisfactory performance under the conditions
specified. Nothing in this provision, however, shall be construed as relieving the Contractor of his
overall responsibility for this portion of the work.
Fl3221.doc 13221 -3 April 20 11
City of Fort Worth
Rolling Hills WTP
Filter No.3 Repair Project
B . A manufacturer's representative who has complete knowledge of proper installation and operation
of the filter underdrain and air scour distribution system shall be provided for on-site services at all
times during underdrain installation and testing of the underdrains and associated hold-down
anchor support systems . Manufacturer shall coordinate with Contractor the number of trips and
days required to provide the specified on-site services.
C. A qualified representative of the structural grout manufacturer shall be on-site for the grout
placement.
1.07 PERFORMANCE AND DESIGN REQUIREMENTS
A. General
1. The filter underdrain system shall be designed for uniform collection of filtered water and
uniform distribution of backwash water and/or air. The system shall be designed to avoid
localized areas of excessive flow, which may cause mounding, lateral displacement, or other
deleterious disturbances in filter media.
2. The system shall not cause any loss of filter media during backwashing .
3. The variation in backwash water distribution shall be not greater than plus or minus 5-percent
across the filter.
4. The variation in the backwash air distribution shall not be greater than plus or minus 10-
percent across the filter.
5. Tests , as outlined in paragraph 3.02 below, shall reveal no evidence of maldistribution or
disturbance of filter media in excess of the limits specified.
B. Operating Requirements. The underdrain system for each filter shall be designed for the following
operating conditions:
Fl 3221.doc
Number of filters
Dimensions of filter:
-length
-width
Description
Filter media, anthracite:
-effective size (mm)
-depth (inches)
Peak filtration rate (gpm/sq .ft.)
Maximum head loss at peak filtration rate(!) (inches)
Backwash water rates (gpm/sq.ft.):
-maximum for simultaneous air and water
-maximum for water only
Maximum head loss due to backwashing with water only
at maximum rate(2) (inches)
13221-4
1
66 ' -0"
17'-0"
1.2-1.3
48
6.52
10.0
8
20
48
April 2011
City of Fort Worth
Rolling Hills WTP
Filter No .3 Repair Project
Backwash air rate (scfm/sq.ft.):
-minimum/maximum 2/5
Maximum design air temperature (Deg F) 180
Air scour pressure available at branch to distribution 5.5
header, psig
Normal backwash sequencing:
I .Air scour only:
-air (scfm/sq.ft.) 3
-duration , min. 1-3
2.Combined air/water backwash:
-air (scfm/sq.ft.) 3
-water (gpm/sq.ft.) 8
-duration, min. 1-3
3.Water only backwash:
-water (gpm/sq.ft.) 15
-duration, min. 5-10
(ij Head Joss from the underside of the media bed to the inside of the filtered water plenum.
<2l From the inside of the filtered water plenum to the underside of the media bed.
PART 2: PRODUCTS
2.01 GENERAL
A. The material to be furnished shall meet the requirements specified below , unless more stringent
requirements are specified or required by the underdrain manufacturer.
1. Metals. All submerged metals and metals installed over the water surface, including but not
limited to anchor bolts, fasteners, washers , etc. shall be Type 316 stainless steel. Fabricated
members shall be low carbon Type 304L or 316L stainless steel.
2 . Piping. Fabricated air distribution tubes (drop pipes), connections, and accessories within the
filter box shall be designed and supplied by the filter underdrain manufacturer. Drop piping
shall be double wall PVC. Connecting pieces and accessories shall be Type 3 l 6L stainless
steel. The underdrain manufacturer shall furnish the air distribution tubes to conform to
TCEQ requirements for prevention of cross-connection between the settled water and filtered
water zones.
3. Plastic. All plastic used for underdrain blocks and endplates, nozzles, and prefabricated
formwork panels shall be constructed of a food grade, high-density polyethylene (HDPE)
suitable for use with a backwash air temperature of 180°F.
4 . Joint sealant shall be per manufacturer's recommended methods.
5 . Grout shall be as specified herein .
Fl3221.doc 13221-5 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No .3 Repair Project
2.02 FILTER BLOCK SYSTEM
A. The filter underdrain system shall be of the dual-parallel lateral type, whereby feeder and
compensatory laterals are provided within a single block. The blocks shall be self-contained and
shall require only nominal anchorage in the filter to resist all buoyant and dynamic forces during
operation.
B. The feeder laterals shall have a generous cross-sectional area as required to assure low wash water
and air transport velocities.
C. The flow metering elements shall consist of an arrangement of orifices properly sized and located
between the feeder and compensatory laterals and between the compensatory laterals and top of
the blocks . The entrance, transport and orifice losses, and the placement of the orifices shall be
designed to produce uniform air and water flows throughout the entire filter cell and uniformly
through the porous plates , at all specified operating conditions. The number and size of the
orifices shall be uniform throughout the filter cell . The orifices shall be sized as required to
introduce necessary metering head losses, but shall be sufficiently large to prevent clogging and
excessive headloss.
D. The individual blocks shall be of impervious high strength, completely corrosion resistant, high-
density polyethylene material with uniform smooth surfaces, and all orifices properly deburred.
The blocks shall have ridges and pockets for structural rigidity and to key into surrounding grout.
The block dimensions and weight shall permit ease of handling and installation .
E. An air/water distribution system shall be provided to evenly distribute air/water from the center-
feed , filtered water flume to the individual underdrain laterals. The distribution system, including
any orifices, baffles, piping, and other necessary items, shall be designed by the underdrain
manufacturer to ensure proper distribution of water to the laterals for all operating conditions
specified in Paragraph 1.07 B.
F. The individual blocks shall be mechanically joined to form a continuous lateral run to fit into the
filter. The joints shall be either single or double-gasketed, bell and spigot type with internal
registers and shall be air and watertight. Joints shall be of snap-lock type so that the blocks are
joined with integral interlocking snap lugs and lug receptors for ease of assembly and installation
of the laterals. The joints shall be self-restraining by design.
G. Air distribution to the laterals shall be via the existing air scour headers and distribution tubes as
shown on the drawings. The size of the existing distribution tubes and underdrain lateral
connections shall be verified by the underdrain manufacturer to operate properly to facilitate equal
distribution of air to each lateral.
2.03 STRUCTURAL DESIGN
A . The filter underdrain system, including blocks, anchorage, supports, etc., shall be designed by the
underdrain manufacturer to safely withstand loadings as specified herein . Complete design
calculations showing conformity with all specification requirements and stamped by a licensed
professional engineer shall be submitted to the ENGINEER for review and acceptance.
B . Hold-down and underdrain gullet supports shall be designed and provided to keep the underdrain
system securely in place under all specified operating conditions and when subject to a continuous
and/or instantaneous upward pressure of 3,250-lb/sf applied to the underside of the underdrain
Fl3221.doc 13221-6 April 2011
City of Fort Worth
Rolling Hills WTP
Filter No.3 Repair Project
spanning the backwash flume. Assume no hold-down contribution is made by the media or water
above the underdrain . Assume the upward pressure is applied over the entire 31.2-sf reaction area
of the underdrain that spans the backwash inlet flume .
C. The filter underdrain system, when installed, shall be designed for a net internal loading during
backwash of the greater of either 600 psf or 200 percent of maximum pressure at a backwash rate
of 20 gpm/sf. No credit shall be taken for the weight of water or filter media in the design
calculations.
D. The filter underdrain system shall also be designed to withstand a net downward loading of at least
1,400-lb/ft2 plus its own dead weight.
E . Adequate safety factors shall be included in the design to account for dynamic loadings which may
occur during the initiation and termination of air and/or water backwashing, or power disruption
during air and/or water backwashing.
F. The design shall adequately provide for all loads incurred during shipment, handling, and
installation.
G. The forty-eight ( 48) underdrain hold down angles, with anchor rods, shall be installed per
manufacturer's recommendations as specified and located per the ITT Leopold drawing for the
existing filters.
H. Any design details of underdrain system including thickness, reinforcing, openings, etc ., as shown
on the Drawings, are approximate only. The underdrain system manufacturer shall check these
details and confirm or modify the system to meet the criteria specified . However, no members
shall be downsized unless it can be conclusively demonstrated that the stated sizes will not
function properly . Any modifications required by the underdrain system manufacturer shall be
provided by the supplier and the Contractor at no additional cost to the Owner.
2.04 NON-SHRINK GROUT
A. All grout used in conjunction with underdrain installation shall be non-shrink, non-metallic grout
and shall meet all requirements of this Section. Confirm with underdrain manufacturer
recommendations for grout material and mix ratios prior to purchase of materials and mixing.
B. Non-shrink grout shall be a pre-portioned and prepackaged cement-based mixture. It shall contain
no metallic particles such as aluminum powder and no metallic aggregate such as iron filings. It
shall require only the addition of potable water. Potable water for pre-soaking, mixing, and curing
shall be clean and free of oils, acids, alkalis, organics, and any other deleterious matter.
C. Bleeding: Non-shrink grout shall be free from the emergence of mixing water from within or the
presence of water on its surface.
D . Non-shrink grout shall be in accordance with ASTM C 1107 .
E. Consistency: Non-shrink grout shall remain at a minimum flowable consistency for at least
45 minutes after mixing at 45 degrees Fahrenheit to 90 degrees Fahrenheit when tested in
accordance with ASTM C 230. If at a fluid consistency, it shall be verified in accordance with
ASTMC 939.
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Rolling Hill s WTP
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F . Dimensional Stability (height change): Non-shrink grout shall be in accordance with
ASTM C 1107, volume-adjusting Grade B or C at 45 degrees to 90 d egrees . It shall show
90 percent or greater bearing area under bases or baseplates.
G. Compressive Strength: Non-shrink grout shall show minimum compressive strengths at 45 degrees
Fahrenheit to 90 degrees Fahrenheit in accordance with ASTM C 1107 for various periods from
the time of placement, including 5,000 pounds per square inch at 28 days when tested in
accordance with ASTM C 109 as modified by C 1107 .
H. Manufacturers : One of the following or equal :
Five Star Products, Inc., Fairfield, CT: Five Star Grout.
Degussa Building Systems, Shakopee MN: Masterflow 928 .
L&M Construction Chemicals, Inc., Omaha, NE: CRYSTEX.
I. Filter underdrain manufacturer shall provide all necessary grout retaining strips and materials as
needed to bridge the filter underdrain flumes during grout placement and installation .
J . During the grouting operations, a minimum of three test specimens per filter cell or per day, shall
be made, whichever is greater. Three test specimens for the between block grout shall be made in
addition to the three test specimens for the floor grout.
K. Prior to installation of grout, the subsurface shall be prepared by removing existing base grout
down to the base slab, thoroughly cleaning the existing concrete surface of all foreign matter and
wet down . Concrete shall be damp when the grout is poured, but shall not have excess water to
dilute the grout. Upon completion of saturation of the subsurface, vi sib le water shall be removed
from the surface and an adhesive bonding agent applied . After mi xin g, quickly and continuously
pace the grout to avoid overworking, segregation and breaking down of the initial set. Mix and
place the grout according to manufacturer's recommendations .
L. No concreting operations shall be performed above installed underdrain blocks unless the blocks
are protected with minimum 3/4" plywood and 6-mil polysheeting .
2 .05 EPOXY SEALANT
A . Contractor shall use Sikadur 31, Paste Epoxy for sealing the joints between th e base grout and
filter floor for the filters .
PART 3 : EXECUTION
3 .01 HANDLING AND INSTALLATION
A . The Contractor shall handle and install the filter underdrain system and associated hardware in
strict compliance with the manufacturer's installation drawings , in structions , and
recommendations, and as specified.
B . The Contractor shall provide a manufacturer's representative as specifie d in Paragraph 1.06 of this
Section to inspect and supervise the installation and testing of the underdrain system , and all costs
of such inspection and supervision shall be borne by the Contractor.
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C. The Contractor shall comply fully with the underdrain manufacturer's installation details and
recommendations to acceptably mate the filter underdrain system with all surrounding structures,
including requirements for dowels, anchorage, and the like, and the Contractor shall include all
costs of such work in his bid.
D. The Contractor shall coordinate all installation details and procedures for the new underdrain
system for Filter No . 3 with the manufacturer.
E . The Contractor shall take all necessary precautions recommended by the underdrain manufacturer,
and as specified, to ensure that the underdrain system and piping connected thereto is completely
clean and free of debris, dirt, or other foreign materials which could clog the underdrain system or
interfere with flow.
F. Backwash air and water piping shall be thoroughly flushed clean. Air piping shall be flushe d with
air only.
G. All loose debris and dirt within the fi lter, gullet, and under-gullet flume shall be removed by
brooming and vacuuming before the introduction of leveling and testing water. Care shall be
taken to prevent any grout, concrete or debris, from extruding into any flow passages or ports, and
any such grout, concrete or debris, shall be removed .
H . To maintain cleanliness, as installation progresses, underdrain sections partially complete shall
continue to be protected by using masking tape and heavy building paper or other acceptable
means to maintain cleanliness. Cleanliness shall be maintained through final placement of filter
media.
I. Following installation of the anchor rods (U-Rods and I-Rods), and prior to installation of the
underdrain blocks for Filter No. 3, an anchor pull test shall be performed on each anchor to ensure
that it meets the specified upward pressure requirements for the underdrain system. For other
filters with existing underdrain blocks in place, the anchor pull test shall be performed on each
anchor after they have been drilled and expoxied in place.
3.02 INSTALLATION
A. The filter underdrain sections shall be set in place and grouted such that the air metering orifices
are in a true and level plane within the less of plus-or-minus 1/8-inch, or the tolerance specified by
the manufacturer of the filter un d erdrain. The filter base slab or underdrain supports shall be
prepared as necessary to enable installation within the required level tolerance. The Contractor
shall flood the underdrain with water to ascertain that this level tolerance is met.
B. As the underdrain sections are set in place, all grouting spaces shall be completely filled and
finished off smooth. Reinforcing dowels shall be placed to accurately fit in place without
unnecessary bending of the dowel bars in the field. All orifice holes in the top of the blocks shall
be carefully cleared of grout or other debris immediately after grouting. Reinforcing dowels shall
be placed so as to accurately fit in place without unnecessary bending of the dowel bars in the
field.
C. Bonding compound shall be applied to the floor grout surface between each lateral. The bonding
compound shall be applied by spray or long-handled brush. The bonding compound shall be
Duraweld C by W.R. Grace or equal.
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D . The monolithic pour method may be used as an alternate to the standard method of underdrain
block installation if approved by the Engineer. The underdrain manufacturer must provide
references of similar installations for review by the Engineer. If allowed and used, this method
must be performed per the manufacturer's recommendation and all support materials and
equipment shall be provided by manufacturer.
E. Grout placement shall be in strict compliance with the manufacturer's requirements and shall allow
for the minimum curing time.
F . Prior to installation of the media, the Contractor shall vacuum clean all surfaces that might come
in contact with the filtered water or backwash water.
3.03 TESTING AND CORRECTION OF DEFICIENCIES
A . General:
l. All testing shall be performed under the supervision of the underdrain manufacturer's
representative as specified in Paragraph 1.06. The Contractor shall conduct all specified tests
an d shall furnish all power, material, instrumentation, equipment, personnel, etc., for
conducting tests as specified.
2 . All costs of such testing shall be borne by the Contractor. The costs of all work and materials
to correct deficiencies revealed during testing, and the costs of retesting, shall be borne by the
Contractor.
3. The Contractor shall give the Engineer 14 calendar days advance notice of the testing to
enable the Engineer to witness the tests .
4. An underdrain manufacturer's representative shall inspect and supervise the complete
installation of all filter underdrains . Representative shall be onsite to supervise the installation
and testing as stated in PART 1.
5. All test set-ups, procedures, and instrumentation shall be as required to provide data accuracy
of plus or minus 2 percent. The Contractor shall submit to the Engineer three copies of full
and complete test reports for all tests, describing the units tested; the type of test; test setups,
procedures, and instrumentation; and test flow rates, pressures , levels, and all other data and
results as required to demonstrate that all items tested meet specified requiremen ts .
6 . Pull tests shall be conducted on all new hold-down anchor bolts , both U -bolts and I-bolts, for
each of the nineteen filters.
B . Preliminary Distribution Tests
l. After the installation of the underdrain system is completed, and after the concrete or grout
has had sufficient curing time to permit adequate strength to develop, and prior to the
placement of the filter media or media support plate, the underdrain shall be subjected to a
preliminary distribution test.
2. The filter shall be operated through its backwashing cycle using the design maximum water
and air rates given in Paragraph 1.07 .B. Visual inspection of the underdrain system will first
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Rolling Hills WTP
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be made under all modes of backwashing to demonstrate uniformity of air and water
distribution . The air only mode shall be performed at 3 scfm with 6 inches of water over the
underdrain system. Test flow rates shall be sustained for approximately two minutes while
visual observations are made . Tests shall be extended or repeated if, in the opinion of the
Engineer, additional time is needed to make observations. Head loss at the maximum
backwash water rate shall be computed by taking pressure gage readings at the washwater
pipe inlet to the filter minus the static head . The Contractor shall be responsible for
providing the required pressure taps. (The static head is the vertical distance from the
elevation of the pressure gauge to the water level in the filter.)
3. During each test, the water surface shall present a uniformly turbulent appearance, without
noticeable dead spots or boils. The Contractor shall take such measures as are necessary and
as recommended by the underdrain manufacturer to correct any deficiencies revealed by
these tests , and shall repeat the specified tests until such deficiencies are corrected.
C. Final Distribution Tests
1. Following completion and acceptance of the preliminary distribution test and the installation
of filter media per Section 13226, the filter shall be backwashed for two consecutive backwash
cycles as described below. During the two backwash cycles, visual observations shall be
made to verify that the filter is backwashing adequately. If observations indicate an
unacceptable performance, the system shall be corrected by the Contractor. If the observations
indicate an acceptable filter performance the filter shall be placed in an operational mode. The
filter underdrain system shall then be operated through a minimum of 5 filtration and
backwash cycles to observe filter system performance prior to final distribution testing for
acceptable flow uniformity . The filter performance shall be observed during the 5 filtration
sequences . If performance is not acceptable, the filter shall be taken offline and examined to
determine deficiencies. Contractor shall be responsible for remedy of any deficiencies prior to
commencing the retest of the filter.
2. Following the completion of the 5 previous actual operational backwashes, final distribution
tests shall be conducted and consist of 2 backwash cycles per filter s as follows:
a. Start with initial water surface 6 inches above top of anthracite.
b. Air backwash at 3 scfm/sq.ft. for 4 minutes .
c . Simultaneous air and water backwash at 3 scfm/sq.ft. and 8 gpm/sq.ft. for 3 minutes .
d . Water backwash at 15 gpm/sq.ft. for 4 minutes .
e. Drain down slowly to initial level and repeat.
3. At the conclusion of each test, the water level shall be lowered very slowly to the top of the
filter media. The top of the media shall be inspected and shall have no areas deviating more
than plus or minus 0.5 inch from the average level plane .
4. If the filter underdrain system fails to meet the above test criteria, the system shall be
corrected by the Contractor and retested . All unacceptable underdrain systems shall be
corrected at no cost to the Owner.
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Rolling Hills WTP
Filter N o.3 Repair Project
E. The above backwash rates are based on a water temperature of 85°F. Actual rates to be used
during testing will be adjusted based on water temperature at the time of the testing.
3 .04 WATER
A. Water for flushing, leveling, and testing shall be provided as noted in Section 01500.
END OF SECTION
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Rolling Hills WTP
Filter No. 3 Repair Project
PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION 13226
FILTER MEDIA SUPPORT GRAVEL
A. Furnish all labor, materials, equipment and incidentals required and remove and store existing filter
media, re-install existing filter media, and install new filter media support gravel, complete, and ready
for operation for Filters No. 2, No. 3, No. 4, No. 15 and No. 16 as shown on the Drawings and as
specified herein.
B. All components which come in contact with the process water or chemicals to be added to process
water shall have obtained or applied for ANSI/NSF-61 certification.
1.02 QUALIFICATIONS
A. The Contractor shall furnish the filter media support gravel from a firm regularly engaged in supplying
this type of material. The Contractor shall be prepared to document the supplier's technical
competence and experience in providing the medium specified herein. All of the support gravel shall
be obtained from the same supplier.
1.03 RELATED WORK
A. Filter underdrain system is included in Section 13221.
1.04 SUB MITT ALS
A. Submit to the Engineer shop drawings of all items furnished under this Section.
B. No material shall be shipped to the site of the work until such material is approved by the Engineer in
writing.
C. Testing and Shop Drawings
Fl3226.doc
1. Provide the services of a qualified testing laboratory experienced in testing support gravel
materials to perform the tests specified.
2. Testing laboratory shall be approved by the Engineer/Owner.
3. The costs for testing shall be included. Owner may perform additional testing and Contractor
shall permit and assist sampling as required.
a. The following tests are to be reported:
(1) Grain Size Analysis, complete with graph of sieve size versus percent passing.
(2) Acid Solubility.
(3) Apparent Specific Gravity.
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Rolling Hills WTP
Filter No . 3 Repair Project
(4) Effective Size and Uniformity Coefficient.
(5) Hardness (MOH Scale).
(6) Gravel porosity
4. Shop Drawings
a. Prior to loading and shipment Filter Media Support Gravel, data sheets indicating material,
unit weight, effective size, uniformity coefficient and other pertinent data specified or
required to evaluate quality for each layer of material.
b. Complete installation and placement procedures.
c. An Affidavit of Compliance in accordance with A WWA BlOO and NSF No. 61.
d. Test Results performed by the independent testing laboratory as specified .
e. Evidence of Manufacturing Experience. (5 years minimum with 10 installations in
satisfactory operation).
f. Certification of Quality Control Program.
D. Quality Control
1. Pre-Shipment Tests
a. Sampling and testing to be performed in accordance with A WW AB 100, prior to shipment
of materials .
b. Perform tests on samples obtained directly by the approved testing laboratory in accordance
with A WW AB 100.
c. Provide certified copies of all tests performed by laboratory.
d. The cost for this testing shall be included in the cost of the media.
2. Receipt Tests
a. Sampling and testing to be performed in accordance with A WW A B 100, on material
delivered to the site.
Fl3226.doc
b. Sampling will be performed by the Engineer. Samples will be shipped to the testing
laboratory by the Engineer.
c . The approved testing laboratory will perform the tests listed in Item 1.04.D.3.a in
accordance with A WW A B 100. The cost of this testing will be included in the cost of the
media.
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Rolling Hills WTP
Filter No . 3 Repair Project
d . If the results of the Receipt Tests do not comply with the Specifications, the materials must
be replaced to comply with Specifications .
1.05 REFERENCE STANDARDS
A. American Water Works Association (A WW A)
l. A WW A B 100 -Standard for Filtering Material
2. A WW A B300 -Hypochlorites
3. A WW A C653 -Disinfection of Water Treatment Facilities
B. National Science Foundation (NSF)
l. NSF Standard No. 61 -Indirect Additives, Process Media
C. Where reference is made to one of the above standards, the revision in effect at the time of bid
opening shall apply.
PART 2: PRODUCTS
A. Media support gravel shall comply with the most recent editions of the standards of NSF No . 61 and
A WW AB 100 . The gravel shall have the following configuration.
B. Gravel
1. The gravel placed on top of the filter underdrain system shall be in layers for a total depth of
12 inches. The number of layers and gradation of the layers shall be as shown below:
Top 2-in
2-in
2-in
2-in
2-in
Bottom 2-in
Gravel Size
3/4-in by 1/2-in
1/4-in by 1/8-in
1/8-in by No . 12
1/4-in by 1/8-in
1/2-in by 1/4-in
3/4-in by 1/2-in
The filter underdrain manufacturer shall certify that the above gradation is appropriate or
shall recommend changes to meet the requirements of the underdrain. Such changes, upon
approval , shall be provided at no additional cost to the Owner.
2. Gravel shall consist of hard, round stone with an average specific gravity of not less than 2.5.
F13226.doc
Not more than 1 percent by weight shall have a specific gravity of 2 .25 or less. The gravel
shall contain not more than 2 percent by weight of thin, flat or elongated pieces (pieces in
which the largest dimension exceeds five times the smallest dimension) determined by hand
picking; shall be free of shale, mica, clay, sand, dirt, loam and organic impurities of any kind
and shall contain no iron or manganese in form or quantity that will adversely affect the water
filtered. The gravel shall have an acid solubility per A WW A B 100-01 standard .
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Rolling Hills WTP
Filter No . 3 Repair Project
3. The porosity of the gravel as placed in each layer shall be between 35 and 45 percent.
4 . Filter gravel shall be screened through square mesh screens conforming to ASTM El 1. Filter
gravel that is finer and coarser than the designated size limits shall not exceed a total of eight
(8) percent by weight of each gravel size.
C . Gravel meeting the above requirements may be purchased from Northern Gravel Co., Muscatine,
IA, Roberts Filter Manufacturing Company, Darby, PA; Unifilt Corporation, Zelienople, PA;
Lang Filter Media, Hazelton, PA, or ITT Leopold, Zelienople, PA.
PART 3 : EXECUTION
3.01 DELIVERY, STORAGE, AND HANDLING
A. Packing and Shipping
1. Deliver gravel in new, never-before used heavy-duty woven, polypropylene, semi-bulk containers
treated with UV light inhibitors, having a safety factor of at least 5: 1. The containers shall have
lifting sleeves for forklift use capable of supporting the entire weight of the full container, and
have a bottom discharge spout.
2 . The containers shall be clearly marked including company name, complete material description ,
lot number, and date of production.
3. Do not ship materials until storage and handling procedures are approved by ENGINEER. Filter
media containers shall not be stored directly on the ground.
4. Pallets are required only on stock media.
5 . Transport all media on open side trucks/trailers to allow for side unloading by forklift. Material
shall be properly covered or tarped.
6. Handle products in accordance with the media supplier's written instructions and in a manner to
prevent damage. Exclude all dust, dirt or deleterious material.
7. Delivery of gravel shall be subject to construction phase sequence as described in Section 01040.
Gravel shall not remain onsite in excess of manufacturer's recommended storage limitations. If
media is furnished in two or more separate shipments, Contractor shall perform preshipping and
receipt tests as described in PART 1 of this Section for each shipment.
3.02 INSTALLATION
A. Installation shall be performed by the General Contractor. Gravel and anthracite shall be
transported, delivered and placed in a careful manner to exclude all dust, dirt, or deleterious
material and to prevent physical damage to the particles per Paragraph 3.01.
B . After delivery to the site, but before placing the medium, the Engineer may take random test
samples of each media and sieve analysis may be performed on each sample by a laboratory
selected by the Engineer. Failure of the samples to meet the above Specifications shall be cause
for rejection and the General Contractor shall remove such medium from the site and provide
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Rolling Hills WTP
Filter No . 3 Repair Project
medium meeting these Specifications. No plus tolerances shall be allowed on any uniformity
coefficients . The media supplier shall provide suitable shipment and/or make allowance for any
degradation or segregation during shipping, so the delivered material meets these specifications for
effective size and uniformity coefficient.
C. Each filter box shall be thoroughly cleaned by brooming and vacuuming before any media is
placed and shall be kept clean throughout the operation. No media shall be placed until the
underdrain system manufacturer has certified the system to have been installed and the preliminary
distribution tests successfully completed in accordance with Section 13221 of these Specifications.
D. The gravel system shall be installed in accordance with the filter underdrain manufacturer's
specific detailed instructions and the filter underdrain manufacturer shall provide supervision of
gravel installation sufficient to ensure proper compliance with installation procedures. The bottom
layer shall be placed carefully by hand to avoid damage to the underdrain system and to ensure a
free passage of water and air from filter block orifices. Workmen shall not stand or walk directly
upon the gravel, but upon boards or staging, so the weight of the workmen will not displace the
gravel. Any gravel which becomes mixed shall be removed and replaced.
E. The correct thickness of each layer shall be obtained as follows: Before the gravel is placed, the
top of each layer shall be marked on the side of the filter . The top of each layer shall then be
leveled against a water surface held at the appropriate mark. None of the particles shall be less
than half submerged, and there shall be no places where additional gravel can be placed without
the particles extending more than 1/2 of their volume above the water surface .
F. After all of the gravel has been placed, it shall be repeatedly backwashed until all dust and dirt has
been washed out, as evidenced by no backwash water discoloration .
G . The Owner will perform all backwashing. Provide Engineer with a 3-day written notice prior to the
first backwash in each filter bed.
3.03 DISINFECTION
A. After placement of the gravel and re-installation of the filter media, but before the filter is placed in
service, the entire depth of filter media and underdrain system in the filter shall be disinfected. The
Owner will perform the filter disinfection procedures. Upon completion of disinfection, the filter
contents shall be backwashed to waste to remove all traces of the disinfectant solution and
dechlorinated as required.
B. Water Source
1. Water for disinfection purposes will be provided by Owner per Section 01500.
C. Bacteriological Sampling and Testing
F13226 .doc
1. The Owner will perform all sampling for bacteriological tests and shall pay for the initial testing
to be performed by Owner selected laboratory . All subsequent testing, should the initial test fail,
shall be paid for by the Contractor.
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Filter No . 3 Repair Project
3.04 ACCEPTANCE
A . Performance Testing. Before final acceptance, the filter shall be tested at a backwash rate as
determined by the Engineer to verify proper installation of the filter media. The Engineer will
determine the number and duration of backwashing tests .
3.05 MANUFACTURER'S SERVICES
A. Manufacturer's representative shall be present at the site during installation, testing, inspection and
completion of manufacturer's Certificate of Proper Installation for the filter.
END OF SECTION
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