HomeMy WebLinkAbout041524 - Construction-Related - Contract - N.G. Painting, L.P.SPECIFICATIONS AND FORMS OF CONTRACT
AND BONDS FOR
REPAINTING OF INTERIOR AND EXTERIOR OF RANDOL
MILL 5.0 MILLION GALLON GST AND EXTERIOR REPAIRS TO
COMO 5.0 MILLION GALLON GST
/
PROJECT NO. P253-604180149280
SEPTEMBER 2010
CITY OF FORT WORTH, TEXAS
FORT WORTH
Prepared by
DELTATEK ENGINEERING
Registration Number F-4419
14114 DALLAS PARKWAY , SUITE 480
DALLAS , TEXAS 75254
469-374-9800
www .deltatekeng.com
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&CRev iew . . Page 1 of2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT\VO RT H
~
COUNCIL ACTION: Approved on 2/8/2011
DATE: ~8Q 011 REFERENCE
NO.:
CODE: C TYPE:
60REPAINT INTERIOR AND
C-24728 LOG NAME: EXTERIOR OF RANDOL MILL
5.0 MG GR
NON-PUBLIC
CONSENT HEARING: NO
SUBJECT: Authorize Contract with N.G . Painting , L.P ., in the Amount of $1 ,195,100.00 for
Repainting of Interior and Exterior of Randol Mill 5 .0 MG Ground Storage Tank Located
at 6401 Bridge Street and Minor Exterior Repairs with Touchup Paint to Como 5.0 MG
Ground Storage Tank Located at 5820 Blackmore Avenue (COUNCIL DISTRICTS 4 and
7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with N .G .
Painting , L .P., in the amount of $1 ,195,100.00 for Repainting of Interior and Exterior of Randol Mill
5.0 MG Ground Storage Tank located at 6401 Bridge Street and Minor Exterior Repairs with touchup
paint to Como 5 .0 MG Ground Storage Tank located at 5820 Blackmore Avenue.
DISCUSSION:
On June 8 , 2010 , the City Manager was authorized to execute an Engineering Agreement with
Deltatek Engineering for design and preparation of the contract documents for Repainting of Interior
and Exterior of Randol Mill 5 .0 MG Ground Storage Tank at 6401 Bridge Street and minor exterior
repairs with touchup paint to the area of the repair to Como 5 .0 MG Ground Storage Tank at 5820
Blackmore Avenue.
The plant staff recently inspected Randol Mill Ground Storage Tank and found the coating system
had reached the end of its serviceable lifetime and the start of structural damage due to corrosion ,
requiring repairs and repainting to extend the tank service life . This construction project consists of
structural repair, safety mod ifications and repainting of the interior and exterior of the Randol Mill 5 .0
MG Ground Storage Tank and minor exterior repair with touchup paint to the exterior of Como 5.0
MG Ground Storage Tank.
This project was advertised on September 30 , 2010 and October 7 , 2010 in the Fort Worth Star-
Telegram . On November 4 , 2010 , the following bids were received:
Bidder
N.G. Painting, LP.
BLASTCO , Inc .
!Williams Painting & Sand blasting
!Classic Protective Coatings, Inc .
!Caldwell Tanks
jM .K. Painting , Inc.
!Landmark Structure , L.P.
Bid Amount !Contract
$1,195,100.00 !200 Days
08,685.00
$1 ,240,725 .00
$1 ,360,200.00
$1 ,395,875.00
$1,447 ,000.00
$1,554,143 .00
file://H:\PROJECT FILE\Water Storage Facilities \GROUND STORAGE\Randol Mill Ground Stor... 2/18 /2011
M &CReview
JTMI Coatings , Inc. $1 ,599 ,450.00 I
JUtility Service $1 ,672,600 .00 1
In addition to the contract amount $30 ,000 .00 is required for project management by Water
Department staff and $35 ,853 .00 is required for
project contingencies .
N .G. Painting , L.P ., is in compliance with the City's M/WBE ordinance by committing to 25 percent
M/WBE participation . The City's goal on this project is 15 percent.
This project is in COUNCIL DISTRICTS 4 and 7.
FISCAL INFORMATION/CERTIFICATION:
Page 2 of 2
The Financial Management Services Director certifies that funds are available in the current capital
budget , as appropriated , of the Water Capital Projects Fund .
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Como 5 M G Tank.jpg 1.jQg
_R a nd o l Mill 5_M G.j.Qg
FROM Fund/Account/Centers
P253 541200 604180149280 $1,1 95 ,100 .00
Fernando Costa (6122)
S . Frank Crumb (8207)
Seiavash Mir (8404)
file://H:\PROJECT FILE\Water Storage Facilities \GROUND STORAGE\Randol Mill Ground Star... 2 /18 /2 011
... '. ~
Addendum No. 1
Repainting oflnterior and Exterior of Randol Mill
5.0 Million Gallon GST and E xterior Repairs to
Como 5.0 Million Gallon GST
Project No . P253-604180149280
City of Fort Worth, Texas
Addendum Date: November 1, 2010
To all plan holders via email
SPECIAL CONDITIONS:
C7 -7.18: AIR POLLUTION WATCH DAYS
Clarification:
If the TCEQ requires enforcement of this specification, additional time shall be granted to the contractor
for all time lost due to delays .
SPECIAL CONDITIONS:
D -3: TIME OF COMPLETION
Correction:
200 calendar days are allotted for substantial completion of this project.
SPECIAL CONDITIONS:
D -4: PROJECT SIGNS
Add:
JPEG Image of Project Sign attached to this Addendum.
Specification Section 01011:
Add:
Prevailing Wage Rate Scale pages attached to this Addendum.
Specification Section 05500:
2.01K:
Clarification:
No Stainles s Steel plates are required for the floor plate installation . All floor plate s are to be ASTM A36
carbon ste el.
14 11 4 Dall as Park way, S ui te 480 Dall as, Texas 752 54
Firm Regist ra t ion No. F-44 19
469-374-9800 Fax 469-374-9801
Ema il : bn @deltatekeng.com
Add en du m No. I
Page I of2
UNDERWRITING LIMITATION b/: $11,399,000. SURETY LICENSES c,f/: AL,
CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, M~
NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA,
INCORPORATED IN: Delaware.
State Auto Property and Casualty Insurance Company (NAIC #2512
BUSINESS ADDRESS: 518 EAST BROAD STREET, COLUMBUS, OH 43215. P
5000. UNDERWRITING LIMITATION b/: $53,388,000 . SURETY LICENSES c,
CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, MD, MA, MI, MN, MS, MO, MT, f\
OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, WY . INCORPORATE!
State Automobile Mutual Insurance Company (NAIC #25135)
BUSINESS ADDRESS: 518 EAST BROAD STREET, COLUMBUS, OH 43215. P
5000. UNDERWRITING LIMITATION b/: $65,596,000. SURETY LICENSES c,
CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, MD, MA, MI, MN, MS, MO, MT, f\
OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WV, WI, WY. INCORPORATE!
State Farm Fire and Casualty Company (NAIC #25143)
BUSINESS ADDRESS: ONE STATE FARM PLAZA, BLOOMINGTON, IL 61710.
2311. UNDERWRITING LIMITATION b/: $854,090,000. SURETY LICENSES c
CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, K'(, LA, ME, MD, MA, MI
NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT,
INCORPORATED IN: Illinois.
ccdQd <!( Suretec Insurance Company (NAIC #10916)
(7 13) tr2. -d{VD 1 BUSINESS ADDRESS: 952 Echo Lane, Suite 450, Houston, TX 77024. PHm
('cfrJt=,rm UNDERWRITING LIMITATION b/: $5,959,000. SURETY LICENSES c,f/: AL, J
Tf:t.,, (13-z;n d a.d ;r,5":.~
FA 3r-ol 2-o I/ , tt,_c/
~i'rd. ~-t 2-o l{
CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MI, MS, MO, Ml
NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, WA, WV, WI, WY. IN1
Texas.
SURETY BONDING COMPANY OF AMERICA (NAIC #24047)
BUSINESS ADDRESS: P.O. Box 5111, Sioux Falls, SD 57117 -5111. PHONI
UNDERWRITING LIMITATION b/: $809,000. SURETY LICENSES c,f/: AL, AZ
GA,ID,I~IN, KS,MN, MO, M~ NE, NV, NM,N~ ND,OK,OR,SC,SD,TN,
INCORPORATED IN: South Dakota.
Swiss Reinsurance America Corporation (NAIC #25354)
BUSINESS ADDRESS: 175 KING STREET, ARMONK, NY 10504. PHONE: (91
UNDERWRITING LIMITATION b/: $448,849,000. SURETY LICENSES c,f/: Al
DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, M(
NM; NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA,
IN: New York.
T Return to top of_page or select a letter to jump to an item .
A S C O r; E .G.. .H J J K l,, M N Q e. _Q 8. ~ I U
TEXAS PACIFIC INDEMNITY COMPANY (NAIC #20389)
BUSINESS ADDRESS: 15 Mounta in View Road , Warren, NJ 07059. PHONE
UNDERWRITING LIMITATION b/: $488,000. SURETY LICENSES c,f/: AR, TX
Texas.
http ://www.fms .treas.gov/c570/c570 _ a-z.html 2/25 /2011
Plan Sheet 6 of 10
Clarification:
Sump Pit Detail:
The sump pit detail shows two different dimensions for the end cap . The end cap shall be ~" plate.
End of Addendum No. 1
DELT ATEK ENGINEERING
Bahram Niknam, P .E.
Attachments
1. Prevailing Wage Rates Sheets 1 & 2
2. Project Sign Examp le
,,,,,,,,
.,.,' \:. OF 1 ,, _ .. -<..\)-'\·········.f-r '• :~...-* ··115'•, ~ .... · ... ,, :.... · ... , , ............................ ~
~ BAHRAM NIKNAM ~
't:_····························J t. -o·· 532 :,._: t ~··.1> 54 ~ :"fi:i-t 1)·. ~ ~ .·k}-'• ,t:.i·· .?_IS T \:. J .. ··~_:, '• ~s, ....... \:.~0-,,, oNAL .,. .... ,,,,,~
Addend um No. I
Page 2 of2
Addendum No . 1
Repainting oflnterior and Exterior of Randol Mill
5.0 Million Gallon OST and E xterior Repairs to
Como 5.0 Million Gallon OST
Project No. P253-604180149280
City of Fort Worth, Texas
Addendum Date: No vember 1, 2010
To all plan holders via email
SPECIAL CONDITIONS:
C7 -7.18: AIR POLLUTION WATCH DAYS
Clarification:
If the TCEQ requires enforcement of this specification, additional time shall be granted to the contractor
for all time lost due to delays.
SPECIAL CONDITIONS:
D -3: TIME OF COMPLETION
Correction:
200 calendar days are allotted for substantial completion ofthis project.
SPECIAL CONDITIONS:
D -4: PROJECT SIGNS
Add:
JPEG Image of Project Sign attached to this Addendum.
Specification Section 01011:
Add:
Prevailing Wage Rate Scale pages attached to this Addendum.
Specification Section 05500:
2.0lK:
Clarification:
No Stainless Steel plates are required for the floor plate installation. All floor plates are to b e ASTM A36
carbon steel.
14 11 4 Dall as Parkway, S uite 480 Da ll as, Texas 75254
Firm Registration No. F-44 19
469-374-9800 Fax 469-374-9801
Ema il : bn @deltatekeng.com
Addend um No. 1
Page I of2
Plan Sheet 6 of 10
Clarification:
Sump Pit Detail:
The sump pit detail shows two different dimensions for the end cap . The end cap shall be W' plate.
End of Addendum No. 1
DEL T ATEK ENGINEERING
Bahram Niknam, P .E.
Attachment s
1. Prevailing Wage Rates Sheets 1 & 2
2 . Project Sign Example
~,,,,,,,
-.'''i:. OF r ,, _ .. "\'-\·········.f-+: '• :~...-* ··1&•, ~ .... · ... ,, :.... · ... , ,,. ............................ ~
~ BAHRAM NIKNAM ~
t:.····························J
1 -<:,·. 532 :,.,_: t ,(\··. 1> 5 4 <) :i;j.,, ',"b·. ~ ~ .·~-• ';,c:.;· .. ~1s1'i:.::.···~:
'• &s, ·······'i:.~0., 11 1 ONAL ._ .. • ,,,,,,
Addendum No. I
P~!!e 2 of 2
2.fs·
2 s·
I."
1.5" 1.5"
Funds In Action
White ----Background
4' -o·
---+-
3"
Radius
Dark
Blue
PROJECT SIGN
Figure 30A Scale 1 " = I '
Classl1lcat10n
AC Mechanic
AC Me<:hanic Heloer
Acoustical Ceiling Mechanic.
Brtcktayer/Stone Mason
Brlcktayerrstone Mason Helper
CarDenter
Carpenter He\per
Concrete Finisher
Concrete Form Builder
Drvwalt N.ec:hanic
DJ"YWall Heloer
Drl/Wall Taper
OrYWall Taoer Heloer
Electrician !Joum=anl
aectrlclan ttelper
Electronic Technician
Electronic Technician lie\p&r
floor Layer (Resilient)
Floor Layer t'.elpet
Glllz.ler
Glazier Heloer
Insulator
Insulator Helper
laborer Common
Laborer SkUled
Lather
Painter
Painter Help~r
Ptoefltter
Plpef!tter Helper
Plasterer
Plasterer Helper
2008 PREVAILING WAGE RATES
CONSTRUCTION INDUSTRY
I H,,, .... I C!.:isstfication
S21.69 Plumber
s12.oo Plumber Helper
$15.24 Reinforcing Steel setter
$19.12" Roofer
$10.10 Roofer He\pe,,-
S16.23 SheetMetal Worker
$11.91 Sheet Metal Worker Helper
$13.49 Sprinkler Svstem Install«
S13,t2 SPrinkler Svstem Installer Heloer
$14.62 Steel Worker Structural
S10,91 Concrete Pump
Crane, c1amslleel, Backhoe, Derrick, D1.lne
.S13.00 Shovel
$9.00 Forklift
$20,20 Front End loader
$14.43 Truck Driver
$19.86 Welder
$12.00 Welder Hetcer
$20.00
$13,00
$18.DD
$13,00
$14.78
S11.25
$10.27
S13.18
$16.10
$14.83
$8.00
$18.85
$12.83
S17.25
s1z.2,
Hrly Rate
$20,43
514.90
s,o.oo
$14 .00
s,o.oo
$16 .96
$12,31
$18.00
$9.00
$17.43
$20.50
S17.76
$12.63
S10.50
$14.91
$16.06
S9.75
BEAVY & ffiGHWAY CONSTRUCTION
PREV A:JLING WAG:E RATES 2008
AirTool Operator
Asohalt Distributor Operator
AsphaJt Pavina Machine Ooerator
AsphaJt Raker
Asohalt Shoveler
Batching Plant Weiltlter
Broom or Sweeper Ooerator
Bulldorer Ooerator
Caroenter
Concrete Ffnishe.r, Pavlne:
Concrete Finisher, Structures
Concrete Pavinl!: Curbinit Machine Operator
Concrete Paving Finishing Machine Operntor
Concrete Paving Joint Sealer Operator
Concrete oavine: Saw 0nerator
Concrete Pavimz Soreader Ooerator
Concrete Rubber
Crane, Clamshell, Backhoe, Denick, Dra11:Jine. Shovel Operator
Electrician
FJaiz2er
Fann Bwlder/Setter, Structures
Form Setter, Paving & Curb
Foundation Drill ODerator, Crawler Mounted
Foundation Drill Operator, Truck Mounted
Front End Loader Onerator
Laborer. Common
Laborer Utility
Mechanic
MillinJot Machine Oi:,erator, Flne Grade
Mixer Opctator
Motor Grader 01ierator. Fine Grade
Motor Grader Onerator, Rough
Oiler
Painter Structures
Pavement Markin2 Machine Operator
PipeJayer
Reinforcing Steel Setter, Paving
Reinforcing Steel Setter, Structure
Roller Onerator, Pneumetio, Self-Prol>elled
Roller Operator. Steel Wheel Flat Wheeltrnrnpin2
Roller Operator, Steel Wheel, Plant Mix Pavement
Scniper Operator
Servicer
Slip Form Machine Operator
Sureader Box Operator
Tractor Operator, Crawler Type
Tractor Ooerator, Pneumatic
Traveline: Mixer Operator
Truck Driver, Lowboy-Float
Truck Driver. Sin2Je Axle Heaw
Truck Driver Sine:le Ax le Light
Truck Driver, Tandem Axle, Semi-Trailer
Truck Driver, Transit-Mix
WM:on Drill Boring Machine, Post Hole Driller Oiier.ator
Welder
Work Zon~ Barricade Seryicer
$10.06
$]3.99
$12.78
$11.01
$ 8.80
$14.)5
$ 9.88
$13.22
$12.80
$12.&5
$13.27
$12 .-00
$13.63
$12.50
$13.56
$14.SO
$10.61
$14.12
$18.12
$ 8.43
Sl!.63
$11.83
$13.67
.$16.30
$12.62
S 9.18
Slo.6S
$16.97
$11.83
$11.58
$15.20
$14.50
$14.98
$13.17
$10.04
$11.04
$]4.85
$16.29
$11.07
Sl0.92
$1 l.2S
$11.42 .
$12.32
$12.33
. $10.92
Sl2.60
$12.91
$12.03
$14.93
Sl 1.47
Slo.91
SI 1.75
S12.08
$14.00
$]3.57
Sl0.09
SPECIFICATIONS AND FORMS OF CONTRACT
AND BONDS FOR
REPAINTING OF INTERIOR AND EXTERIOR OF RANDOL
MILL 5.0 MILLION GALLON GST AND EXTERIOR REPAIRS
TO COMO 5.0 MILLION GALLON GST
PROJECT NO. P253-604180149280
SEPTEMBER 2010
PREPARED
FOR
CITY OF FORT WORTH, TEXAS
FORT WORTH
Prepared by
DELTATEK ENGINEERING
~,,,,,,,
... -.'E. OF r \\ -""'~~'\---------.f-t '• : ~...-* ··':?& ,, :: .... · ·-... ,, ,... '·*' ,--·-·-----·-.. ---·-·-·------~ ~ BAHRAM NIKNAM ~
,._ ------------.. -----. -. --. --. "' '-'i-·. -9 53254 <> --il 11t°1,_~CJ.t STE.::\~~.;' •• &s, ------. E.~0-,,, oNAL ._ ..... ,,,,,~
Registration Number F-4419
14114DALLASPARKWAY, SUITEm/)/ _
DALLAS, TEXAS 75254 'A/U,l{,(#IH
469-374-9800
www.deltatekeng.com i/11,/ Io
Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon GST &
Exterior Repairs to Como 5 .0 Million Gallon GST
Notice to Bidders
Special Instructions to Bidders
Proposal
Conflict of Interest Questionnaire
Minority and Women Business Enterprises Specifications
General Conditions
Supplementary Conditions
Special Conditions
TECHNICAL SPECIFICATIONS
DIVISION 1 -GENERAL REQUIREMENTS
TABLE OF CONTENTS
A
A
B
COI
B
C
cs
D
E
01010
01011
01070
01150
01300
Summary ofWork ............................................................................................................................. 01010 - I - 2
01310
01360
01370
01420
01700
01710
PrevailingWageRate ........................................................................................................................ 01011-I - l
Abbreviations .................................................................................................................................... 0 I 070 - I - 5
Measurement and Payment .... , .......................................................................................................... 01150 - I - 1
Submittals ......................................................................................................................................... 01300 - I - 6
Sample ........................................................................................................................................ Sample -1 -1
Construction Schedule ...................................................................................................................... 01310 -1 -1
Quality Assurance ............................................................................................................................. 01360 - 1 - 2
Schedule ofValues ............................................................................................................................ 01370 -1 - 2
Sample ...................................................................................................................................... Sample - A - D
Inspection Services ........................................................................................................................... 01420 - I -1
Contract Close-Out ........................................................................................................................... 01700 - I - 2
Cleaning and Adjusting ..................................................................................................................... 01710 -1 -2
DIVISION 2 -SITE WORK
02100 Site Preparation & Cleaning .............................................................................................................. 02100 -1 -1
DIVISION 3 -CONCRETE ................................................................................................................................. Not Used
DIVISION 4 -MASONRY ................................................................................................................................... Not Used
DIVISION 5 -METALS ...................................................................................................................................... Not Used
05500 Metal Fabrications ............................................................................................................................ 05500 - 1 - 7
DIVISION 6 -WOOD AND PLASTICS ............................................................................................................. Not Used
DIVISION 7 -THERMAL AND MOISTURE PROTECTION ....................................................................... Not Used
DIVISION 8 -DOORS AND WINDOWS ........................................................................................................... Not U sed
Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City of Fort Worth, Texas
TOC-1
Project P253-604180149280
September 2010
Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon GST &
Exterior Repairs to Como 5 .0 Million Gallon GST
DIVISION 9 -FINISHES
TABLE OF CONTENTS
09900 Painting ............................................................................................................................................. 09900 - 1 - 9
DIVISION 10 -SPECIALTIES ............................................................................................................................ Not Used
DIVISION 11 -EQUIPMENT
11550 Fall Prevention System ..................................................................................................................... 11550 - 1 - 2
DIVISION 12 -FURNISHINGS .......................................................................................................................... Not Used
DIVISION 13 -SPECIAL CONSTRUCTION ................................................................................................... Not Used
DIVISION 14 -CONVEYING SYSTEMS .......................................................................................................... Not Used
DIVISION 15 -MECHANICAL
DIVISION 16 -ELECTRICAL ........................................................................................................................... Not Used
Performance Bond ................................................................................................................................................................ F
Payment Bond ...................................................................................................................................................................... F
Maintenance Bond ............................................................................................................................................................... F
Certificate of Insurance ........................................................................................................................................................ F
Contractor Compliance With Worker's Compensation Law ................................................................................................ F
Part G -Contract ................................................................................................................................................................. G
Appendix
Armstrong Lab Report Number: A9-3796A-001A
Project Sign
PLAN SHEETS ................................................................................................................................................... Cover -14
END OF CONTENTS
Repainting of Interior and Exterior of Randol Mill 5 .0 Million Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
C ity of Fort Worth, Texas
TOC-2
Project P253-604!80 149280
September 2010
NOTICE TO BIDDERS
Sealed proposals for the Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon
GST and Exterior Repairs to Como 5.0 Million Gallon GST, will be received at the office of
the Purchasing Manager, lower level of City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102, until 1 :30 P .M., Thursday, November 4, 2010 and then publicly opened and read aloud at
2:00 P.M.
Plans and specifications may be obtained at the office of Deltatek Engineering, 14114 Dallas
Parkway, Suite 480, Dallas, Texas, 75254, phone 469-374-9800, for a non-refundable fee of
$95.00 per set.
General Contract Documents and General Specifications for Water Department projects, dated
January 1, 1978, with the latest revisions, also compromise a part of the Contract Documents for
this project and may be obtained by paying a non-refundable fee of $95.00 for each set, at the
office of Water Department, Municipal Office Building, 1000 Throckmorton Street, Fort Worth,
Texas.
All bidders submitting bids are required to be pre-qualified in accordance with the requirements
of the special instructions to bidders.
A pre-bid conference will be held at 9:30 AM on Friday, October 15, 2010 at the Conference
Room, South Holly Water Treatment Plant, SCADA Building, 1511 11th Avenue, 76102, Fort
Worth, Texas (MAPSCO 760). The Engineer will transmit to all prospective bidders of record
such Addenda as he considers necessary in response to questions arising at the pre-bid
conference.
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. Bids that do
not acknowledge receipt of all addenda may be rejected as being non-responsive. Information
regarding the status of addenda may be obtained by contacting the Deltatek Engineering at 469-
374-9800 or the Water Department at 817-392-8404.
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 regarding the project, contact Mr. John Fields , Deltatek Engineering,
469-374-9800.
Advertising Dates:
September 30, 2010
October 7, 2010
SPECIAL INSTRUCTIONS TO BIDDERS
1. SPECIAL PREOUALIFICATION REQUIREMENTS. AH contractors, submitting bids are
required to meet the Fort Worth Water Department special pre-qualification requirements for this
project prior to submitting bids . Previous pregualification by the Forth Worth Water
Department will not be considered as meeting this requirement.
This one-time special project-specific process will pre-qualify potential bidders whose bids will be
considered for award based upon technical evaluation, historical schedule compliance
evaluation, evaluation of proposed manager and project superintendent. It is the bidder 's
responsibility to submit documentation for those items listed below, to the Director of the Water
Department or his designated representative, at least fourteen (14) calendar days prior to the date
of bid opening. The bidder is not required to submit additional "Experience Record", "Equipment
Schedule", and "Financial Statement" on Owner furnished forms one week prior to the bid opening
as described in the first paragraph of C2 -2. l of the General Conditions . The Water Department
may request any other documents it may deem necessary . Any additional documents so requested
shall be submitted to the Director of the Water Department or his designated representative at least
seven (7) calendar days prior to the date of the opening bids .
a) COVER LETTER. The cover letter provided by the prospective bidder with the pre-
qualification information must include name of a contact individual that the City may
contact for additional infonnation.
b) FINANCIAL STATEMENT. The financial statement required shall have been prepared
by an independent certified public accountant or independent public accountant holding a
valid permit issued by an appropriate State licensing agency and shall have been so
prepared as to reflect the financial status of the submitting company. 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 .
c) EXPERIENCE RECORD. 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 the work
of both the same nature and technical level as that of the project for which bids are to be
received . Experience must be on projects that were completed no more than 5 years prior
to the date on which bids will be received. A minimum of three references must be
included. References must include a contact person name , telephone number, project
name and total cost, and type of work done .
d)
e)
EQUIPMENT SCHEDULE. The prospective bidder shall list the equipment that the
Contractor has available for the project and list the equipment that Contractor will rent as
may be required to complete the project on which the Contractor submits a bid .
PERSONNEL AND SCHEDULE COMPLIANCE RECORD . The prospective bidder
shall submit the names and resumes for the proposed project manager and project
superintendent. This information shall include a list of all projects that the proposed
project manager and project superintendent completed within the last five (5) years to
demonstrate ability to coordinate complex plant rehabilitation work and to perform work
while maintaining critical shutdown schedules , regardless of by whom they were
employed. Provide list of contact persons for all projects (preferably field inspectors or
resident engineers) with names and phone numbers for the last five years' project.
A-1
In the event the Bidder on this contract is a Joint Venture, financial statements from each joint venturer
shall be submitted for prequalification, as well as the experience record and list of equipment of each joint
venturer. The financial statements required shall have been prepared by an independent certified public
accountant or independent public accountant holding a valid license issued by an appropriate State licensing
agency and shall have been so prepared as to reflect the financial status of each joint venturer. The
statements 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.
It is not required that each joint venturer shall have the necessary experience and equipment, rather than
combined, the joint venture has the required experience and equipment. Upon request, the joint venture
agreement shall be submitted for review.
The Water Department will review each pre-qualification submittal. The following conditions will apply:
a) The Director of the Water Department shall be the sole judge as to the acceptability for
financial , experience, and other qualifications to bid on any Fort Worth Water
Department project.
b) The City, in its sole discretion, may reject a bid for failure to demonstrate experience
and/or expertise.
c) Any proposals submitted by a non pre-qualified bidder shall be returned unopened , and if
inadvertently opened, shall not be considered.
d) The City will attempt to notify prospective bidders whose qualifications (financial or
experience) are not deemed to be appropriate to the nature and/or magnitude of the
project on which bids are to be received . Failure to notify shall not be a wavier of any
necessary pre-qualification.
For additional information contact Seiavash Mir, Fort Worth Water Department at (817) 392-6828 (FAX
817-392-8404). Pre-qualification submittal should be sent to :
Mr. Seiavash Mir
Fort Worth Water Department
1000 Throckmorton
Fort Worth, TX 76102-6212
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 Reference is made to the Supplementary Conditions for the identification of those surveys
and investigation reports of subsurface or latent physical conditions at the site or
otherwise affection performance of the work which have been relied upon by Engineer In
preparing the Drawings and Specifications. The data is furnished for information only and
neither the Owner nor Engineer guarantees the accuracy of the data . Before submitting his
Bid, each Bidder will , at hi s own expense, make such additional surveys and
investigations as he may deem necessary to determine his bid price for performance of the
work within the terms of the Contract Documents.
A-2
PART B -PROPOSAL
This proposal must not be removed from this book of Contract Documents.
TO: Dale A. Fisseler, P.E.
City Manager
Fort Worth, Texas
PROPOSAL FOR: The furnishing of all equipment, materials, and labor and all incidental work required to respond as
requested by the Fort Worth Water Department for water and wastewater emergencies.
PROJECT NAME City of Fort Worth Water Department
Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon GST
and Exterior Repairs to Como 5.0 Million Gallon GST
Project Number P253-604180149280
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having 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 be 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 provided in the Plans and Special
Contract Documents and subject to the inspection and approval of the Director of the Water Department of the City of
Fort Worth, Texas; and binds himself upon acceptance of this 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:
B-1
REPAINTING OF INTERIOR AND EXTERIOR OF RANDOL MILL 5.0 MILLION
GALLON GST AND EXTERIOR REPAIRS TO COMO 5.0 MILLION GALLON GST
BID SCHEDULE
PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
AMOUNT BID ITEM QUANT . BID PRICES WRITTEN IN WORDS PRICE
(Furnish an d install, including all appurtenant work, comp lete in place, the following items):
1 1 LS
2 1 LS
3 1 LS
4 1 LS
5 1 LS
6 1 LS
7 1 LS
Bond and Insurance
Forty Thousand Dollars & ---"------------
No Cents
Mobilization
Ten Thou sand Dollars &
No Cents
RANDOL MILL GST
Interior surface preparation.
Two Hundred Eleven Thousand Dollars & --------------
No Cents
Paint all interior surfaces.
On e Hundred Thousand Dollars &
No Cents
Provide dehumidification for interior surface
preparation and painting.
Forty Thousand Dollars &
No Cents
Exterior surface preparation by mechanical methods to
capture spent blast m edia.
One Hundred Fifty Thousand
No
Paint all exterior surfaces.
S eventy Thousand
No
Dollars &
Ce nts
Dollars &
Cents
B-2
$ 40,000.00 $
$ 10,000.00 $
$ 211,000.00 $
$ 100,000.00 $
$ 40,000.00 $
$ 150,000.00 $
$ 70,000.00 $
40,000.00
10,000.00
2 11 ,000.00
100,000.00
40,000.00
150,000.00
70,00 0.00
PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
ITEM QUANT. BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, including all appurtenant work, complete in place, the following items):
8 1 LS Disconnection and removal of the existing cathodic
protection system. Includes electrical disconnect,
removal of controller, conduits, and wiring.
Two Thousand Dollars &
No Cents $ 2,000.00 $ 2,000.00
9 1 LS Furnish and install cathodic porthole replacement
covers. Includes seal welding on exterior and seam
sealing interior.
Three Thousand Dollars &
No Cents $ 3,000.00 $ 3,000.00
10 1 LS Remove existing tank floor.
Twenty Eight Thousand Dollars &
No Cents $ 28,000.00 $ 28,000.00
11 1 LS Remove existing inlet/o utlet baffle.
Three Thousand Dollars &
No Cents $ 3,000.00 $ 3,000.00
12 1 LS Place compactedfill material to level the tank floor.
Twenty Five Thousand Dollars &
No Cents $ 25,000.00 $ 25,000.00
13 1 LS Place two (2) l ayers of 30 mil roll felt paper over
baclifilled areas.
Seven Thousand Dollars &
No Cents $ 7,000.00 $ 7,000.00
14 1 LS Install new tank floor.
Two Hundred Forty Thousand Dollars &
No Cents $ 240,000.00 $ 240,000.00
15 1 LS Install new inlet/outlet baffle.
Ten Thousand Dollars &
No Cents $ 10,000.00 $ 10,000.00
B-3
PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
ITEM QUANT . BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, incl uding all appurtenant work, comp lete in place, the following items):
16 1 LS Furnish and install new 36" vandal resistant vent w/16
gauge stainless steel mesh insect screen.
Nine Thousand Dollars &
No Cents $ 9,000.00 $ 9,000.00
17 1 LS Furnish and install new stainless steel antifall rail on
interior ladder.
Five Thousand Dollars &
No Cents $ 5,000.00 $ 5,000.00
18 1 LS Modify existing overflow pipe and construct new
overflow structure.
Seven Thousand Dollars &
No Cents $ 7,000.00 $ 7,000.00
19 1 LS Modify tank drain line as shown on plans.
Four Thousand Dollars &
No Cents $ 4,000.00 $ 4,000.00
20 1 LS Furnish and install labor and materials to modify
center column rafter support as shown on drawings.
Nine Thousand Dollars &
No Cents $ 9,000.00 $ 9,000.00
21 1 LS Furnish and install temporary roof support during
center column modification and floor rep lacement.
Five Thousand Dollars &
No Cents $ 5,000.00 $ 5,000.00
22 40EA Replace roof rafters and beams as directed by
engineer.
One Hundred Dollars &
No Cents $ 100.00 $ 4,000.00
23 1 LS Modify columns during floor replacement.
Fifty Thousand Dollars &
No Cents $ 50,000.00 $ 50,000.00
B-4
PAY APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
ITEM QUANT. BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, including all appurtenant work, complete in place, the following items):
24 1 LS Clean and grout exterior floor plate to ringwall
connection joint.
Two Thousand Dollars &
No Cents $ 2,000.00 $ 2,000.00
25 1 LS Seam seal roof plate overlap connections.
Ten Thousand Dollars &
No Cents $ 10,000.00 $ 10,000.00
26 1 LS Jacking and wedging the roof plate at the rafters.
Twenty Thousand Dollars &
No Cents $ 20,000.00 $ 20,000.00
27 1 LS Removal and proper disposal of blast media.
Four Thousand Dollars &
No Cents $ 4,000.00 4,000.00
28 1 LS Allowance for having structural drawings sealed and
signed by a Registered Professional Engineer.
Five Thousand Dollars &
No Cents $ 5,000.00 5,000.00
29 1 LS Site clean-up and demobilization.
Two Thousand Dollars &
No Cents $ 2,000.00 $ 2,000.00
30 250 SY Block Sod all disturbed areas.
Ten Dollars &
No Cents $ 10.00 $ 2,500.00
31 1 EA Remove a working door sheet and replace upon
completion of interior work. Have welds radiograph
teste d.
Nine Thousand Dollars &
No Cents $ 9,000.00 $ 9,000.00
B-5
PAY APPROX . DESCRIPTION OF ITEMS WITH UNIT TOTAL
ITEM QUANT. BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, including all appurtenant work, complete in place, the following items):
32 1 LS Paint City of Fort Worth Logo.
Five Thousand Dollars &
No Cents $ 5,000.00 $ 5,000.00
CO M O EST
33 1 LS Solid seam weld the cornice/shell connection.
Forty Thousand Dollars &
No Cents $ 40,000.00 $ 40,000.00
34 12 EA R emove and install each faux pilaster for welding
cornice.
Three Hundred Dollars &
No Cents $ 300.00 $ 3,600.00
35 1 LS Touchup paint all interior and exterior areas affected
by welding activities.
Ten Thousand Dollars &
No Cents $ 10,000.00 $ 10,000.00
36 1 LS Construction contingency allowance to be used only if
needed and with written direction from the Owner.
Fifty Thousand Dollars &
No Cents $ 50,000.00 $ 50,000.00
TOTAL BID AMOUNT
One Million, One Hundred Nine ty-Five Dollars &
Thousand, One Hundred
No Cents $ 1,195,100.00 $ 1,195,100.00
(Unit prices are to be shown in both words and figures . In case of a discrepancy, the unit price in words will prevai l. Prices
li sted above are the only compensation to be made. All items of work required to complete the work as shown in the plans
and as specified which are not li sted as a pay item in this proposal are considered subsidiary to the items listed and the cost
of the subsidiary work should be included therein.)
TOTAL AMOUNT BID $ 1195100.00
B-6
Within ten (I 0) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver
an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of
the Contract. The attached bid security in the amount of 5% of the Total Amount B id is to become the property of the
City of Fort Worth, Texas, in the event the contract and bond or bonds are not e xecuted and delivered within the time
above set forth, as liquidated damages for the delay and additional work caused thereby.
The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and
General Specifications for Water Department Projects dated January l , 1978, and that he has read and thoroughly
understands all the requirements and conditions of those General Documents and the specific Contract Documents and
appurtenant plans.
The undersigned assures that its employees and applicants for employment and those of any labor organization,
subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not
discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400.
(Complete A or B below, as applicable)
A. The principal place of business of our company is in the State of ___ _
Nonresident bidders in the State of our principal
place of business, are required to be __ percent lower than resident bidders
by state law. A copy of the statute is attached.
Non resident bidders in the State of , our principal
place of business, are not required to underbid resident bidders.
___K___B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
The Bidder agrees to begin construction within l O calendar days after issue of the work order, and to substantially
complete the contract within 200 calendar days after beginning construction as set forth in the written
work order to be furnished by the Owner.
I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and
requirements of which have been taken into consideration on preparation of the foregoing bid:
Addendum No. 1 (Initials) __ _
Addendum No. 2 (Initials) __ _
Seal
If Bidder is Corporation
Date: _______ _
Addendum No. 3 (Initials) ___ _
Addendum No. 4 (Initials) ___ _
B-7
s<!/.d{}K ~
President
Title or Position
N .G. Painting, L.P.
Contractor
1225 Bandera Hwy, Ste. A2
Street
Kerrville, TX 78028
City, State Zip
830-258-5940
Telephone Number
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FORTW"ORTH , w· City of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable.
If the total dollar value of the contract is less than $25,000, the M/WBE oal is not a licable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business
Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements
and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid.
M/WBE PROJECT GOALS
The City's M/WBE goal on this project is 15% of the total bid (Base bid applies to Parks and Community Services).
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of $25,000 or more , bidders are required to comply with the intent of the City's M/WBE Ordinance by
either of the following:
1. Meet or exceed the above stated M/WBE goal, or
2. Good Faith Effort documentation, or;
3. Waiver documentation, or;
4. Joint Venture.
1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid
met or exceeded : opening date, exclusive of the bid opening date .
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form , if participation is less than opening date, exclusive of the bid opening date .
stated goal:
3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form , if no M/WBE participation: opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Form , if you will received by 5:00 p.m., five (5) City business days after the bid
perform all subcontracting/supplier work: opening date, exclusive of the bid opening date.
5. Joint Venture Form , if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid
to met or exceed goal. opening date , exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE TO SPECIFICATIONS
Any questions, please contact the M/WBE Office at (817) 392-6104.
Rev. 11/1/05
-
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FORT WORTH
~ City of Fort Worth
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME: Check applicable block to describe prime
PROJECT NAME: I M/W /DBE l I NON-M/W/DBE
BID DATE
City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER
O/o O/o
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before
5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-
responsive to bid specifications .
The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule,
conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is
grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications
M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing
business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson , Collin, Dallas ,
Denton, Ellis , Kaufman and Rockwall counties .
Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime
contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2"d tier
ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AW ARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace , that have been
determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or
the Texas Department of Transportation (TX DOT), highway division. Di sadvantaged Business Enterprise (DBE) is synonymou s
with Minority/Women Business Enterprise (M /WBE).
If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully
licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including
M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-
operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement.
FORT WORTH
~
Primes ar e required to identify ALL subcontractors/suppliers, regardless of status; i .e ., Minority, Women and non-M/WBEs .
Please li st M/WB E firms fir st, u se additional sheets if nec essary.
Certification N
(check one) 0
n SUBCONTRACTOR/SUPPLIER 1 N T Detail Detail
Company Name i C X M Subcontracting Work Supplies Dollar Amount Address e M w T D w Purchased
Telephone/Fax r B B R 0 B E E C T E
A
-
-
fORTWORTH
~
Primes are requ ired to identify ALL sub co ntractors/suppliers, regardless of status; i .e., Min ority, Wo men and n on-M/WBEs.
Pl ease list M/WB E fi rm s fir st, u se additio nal she ets if necessary.
Certification
(chec k one)
SUBCONTRACTOR/SUPPLIER 1·11-~~~~---.1
1
N
0
D
C N I
• N ompany ame )
Address e M W C M
Tl h IF rB B T IW e ep one ax C
E E R B
C 1 E
A
Detail
Subcontracting Work
Detail
Supplies Purchased Dollar Amount
-
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FORT WORTH
~
Total Dollar Amount ofM/WBE Subcontractors/Suppliers $
Total Dollar Amount ofNon-M/WBE Subcontractors/Suppliers $
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $
The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and
Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/ Addition . Any
unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined
in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the
committed M/WBE goal. If the detail explanation is not submitted, it will affect the fmal compliance determination.
By affixing a signature to this form , the Offeror further agrees to provide, directly to the City upon request, complete and accurate
information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid.
The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder
agrees to allow the transm1ss10n of interviews with owners, principals, officers , employees and applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s)
on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be
grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action
under Federal, State or Local laws concerning false statements . Any failure to comply with this ordinance and create a material
breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of
time not less than one (1) year.
Authorized Signature Printed Signature
Title Contact Name/Title (if different)
Company Name Telephone and/or Fax
Address E-mail Address
City/State/Zip Date
-
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liiif
-
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FORT"WORTH
"'-n ·w· --
PRIME C OMPANY NAME :
PROJECT NAME:
City's M/WBE Project Goa l:
O/o
City of Fort Worth
Prime Contractor Waiv er Form
PROJECT NUMBER
ATTACHMENT 18
Page 1 of 1
Check a pplica ble bl ock to d esc r ibe p r ime
I M/W/DBE I I NON-M/W/DBE
BID DATE
If both answers to this form are YES , do not co mplete ATTACHMENT IC (Goo d Faith Effort Form). Al l ques ti ons on this
form must be co mpl eted and a de tai led ex planation provi ded , if applicabl e . If the answer to either questio n is N O , then yo u
must comp lete ATTACHMENT 1 C . This form is onl y ap pl icable if b.o.th answers are yes .
Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five
(5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non-
responsive to bid specifications.
Will y ou perform this entire contract w ithout s ubcontractors? YES
If yes , p lease provide a detailed exp lanation that proves base d on the size an d scope of this project, this is N O yo ur normal business practice an d provide an operational profile of yo ur business .
Will y ou perform this entire contract without suppliers? YES
If yes , p lease provide a detai led explanation that proves b ased on the size an d scope of this project, this is
yo ur normal busi ness practice an d provide an invento ry profile of yo ur busi ness . N O
The bidder furthe r agrees to provide, directly to the City upon request, comp lete and accurate information regarding actual
work performed by all subco ntractors , including M/WBE(s) on this contract, the payment therefore and any proposed
changes to the original M/WBE(s) arrangements submitted with this bid. The bi dd er also agrees to allow an au d it and/or
exam ination of any books, records and fi les held by their comp any that will substantiate the ac tu al work performed by the
M/WBEs on this contract, by an au thorized officer or employee of the City. Any intentional and/or knowing
misreprese ntation of facts wi ll be grou nds for terminating the contract or de barment from City work for a period of not less
than three (3) years an d fo r initiating action under Federal, State or Local laws concerning false statements . Any fai lure to
comp ly with this ordinance creates a material breach of co ntract may result in a determination of an irresponsibl e offerer and
barred from p articipatin g in City work for a perio d of time not less than one ( 1) year.
Authorized Si gnature Printed Signature
Titl e Contact Name (if different)
Company Name Ph on e Numb er Fax Number
Address Em ail Address
C ity/State/Zip Dat e
Rev. 5/30/03
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FORT WORTH --·w· CITY OF FORT WORTH
Joint Venture Eligibility Form
All questions must be answered; use "NA" if applicable.
Joint Venture
Page 1 of 3
Name of City project:-------.,.....,..-----,,------------------------
A joint venture form must be completed on each project
RFP/Bid/Purchasing Number: ---------------
1. Joint venture information:
Joint Venture Name :
Joint Venture Address:
(If applicab le)
Telephone: Facsimile: E-mail address :
Cellular:
Identify the firms that comprise the joint ve nture :
Please attach extra sh eets if additional space is required to provide de tailed explanations of work to be pe rform ed by each firm comprising the joint venture
M/WBEfirm I Non-M/WBE
I name: firm name:
Business Address: Business Address:
City, State, Zip : City, State, Zip :
Telephone Facsimile E-mail Telephone Facsimile
Cellular Cellular
Certification Status: E-mail address
Name of Certifying Agency:
'
2 S f cope o wor k per orme db th J . tV t IY e om en ure:
Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE:
Rev . 5/30/03
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Joint Venture
• Pa g e 2 of 3
3. What 1s the perc entage of M/WBE participation on this joint venture that you wi sh to be counted toward meeting th e
project goal ? _________ _
4. Attach a copy of the joint venture agreement.
5 . List components of ownership of joint v enture : (D o not complete if this information is described in joint venture agreement)
Profit and lo ss sharing:
Capital contributions, in cl udi ng
equipmen t:
Other appl ic abl e owner ship interests:
6. Identify by name, race, sex and firm those individuals (with ti tl es) w ho are respon sible for the da y-to-day manage ment
and decision making of the joint venture:
Financial d ec isions
(to in cl ude Account Payable and Receivabl e):
M anagement dec isions:
a. Estimating
----------------------------------------------b. Marketing and Sa les
----------------------------------------------
C. Hirin g and F iring of ma nagement
personnel
----------------------------------------------d . Purc hasi ng of major equi pment
and/or suppl ies
Sup ervision of fie ld operations
The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have fi nal
ap proval of th e M/WB E percentage appl ie d toward the goal fo r the project listed on this form .
N OTE:
From an d after the date of project award, if any of the participants, the individually defined scopes of work or the dollar
amounts/percentages change from the origina ll y approved information, then the partici pants must inform the City 's M/WBE Office
immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in
accord with the procedures outlined in the City's M/WBE Ordinance .
Rev . 5/30/03
-
-
-
-
-
-
-
-
-
-
-
-
-
Joint Venture
P 3 f 3 aqe 0
AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material information necessary
to identify and explain the terms and operation of the joint venture . Furthermore, the undersigned shall agree to provide to
the joint venture the stated scope of work, decision-making responsibilities and payments herein.
The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is
eligible . Failu re to cooperate and/or provi de requested informatio n within the time specified is grounds for termination of the
eligibility process.
The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the
joint venture b y any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in
the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate
action under Federal, State and/or Local Jaws /ordinances concerning false statements or willfu l misrepresentation of facts.
------------------------------------------------------------------------------------------,---------------------------------------------------------------------------------Name ofM/WBE firm Name ofnon-M/WBE furn
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Title Title
Date Date
N otarization
State of ___________________ Co unty of ______________ _
On this day of , 20 __ , before me appeared ------------------------·
and ----------------------------------------------
to me personally known and who , being duly sworn , did execute the foregoing affidavit and did state that they were properly
authorized to execute this affidavit and did so as their free act and deed.
Notary Public _______________________ _
Print Name
Notary Public------------------------
Signature
Commission Expires ________________________ _ (seal)
Rev . 5/30/03
FORTW°ORTH
=-, e W a rr-'" City of Fort Worth
Good Faith Effort Form
PRIME COMPANY NAME:
PROJECT NA.ME:
City 's M/WBE Project Goal: I PROJECT NUMBER
O/o
ATTACHMENT 1C
Page 1 of 3
Check applicable block to describe prime
I M/W/DB E I I NON-M/W/DBE
BID DATE
If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE
participation is less than the City's project goal, you must complete this form.
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the
bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the
City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of
fraud , intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting documentation, and received by the Managing
Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will
result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project,
regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS}
On Combined Projects, list each subcontracting and or supplier opportunity through the 2°d tier.
(Use additional sheets, if necessary)
List of Subcontracting Opportunities List of Supplier Opportunities
Rev. 05/30/03
-
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-
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-
-
ATTACHMENT 1C
Page 2 of 3
2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors
and/or suppliers from the City's M/WBE Office.
Yes
No
Date of Listing __ / ___ / __
3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least
ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened?
Yes (If yes , attach M/WBE mail li sting to include name of firm and address and a dated copy of letter mailed.)
No
4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least
ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened?
Yes (If yes , attach list to include name of M/WBE firm, person contacted, phone number and date and time of contact.)
No
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used,
attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed.
NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must
contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular
subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two-thirds (2/3) of the list
within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and
specifications in order to assist the M/WBEs?
Yes
No
6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of
an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation
the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder
will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel.
(Please use additional sheets, if necessary, and attach.)
Company Name Telephone Contact Person Scope of Work Reason for Rejection
Rev . 05/30/03
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-
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-
-
-
ADDITIONAL INFORMATION:
ATTACHMENT 1C
Page 3 of 3
Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE
participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding
actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements
submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files
held by their company that will substantiate the actual work performed on this contract, by an authorized officer or
employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local
laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract
may result in a determination of an irresponsible offeror and barred from participating in City work for a period of
time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It
is understood that any M/WBE(s) listed in Attachment lC will be contacted and the reasons for not using them will be
verified by the City's M/WBE Office.
Authorized Signature Printed Signature
Title Contact Name and Title (if different)
Company Name Phone Number Fax Number
Address Email Address
City/State/Zip Date
Rev. 05/30/03
Cl-1
Cl-1.1
Cl-1.2
Cl-1.3
Cl-1.4
Cl-1.5
Cl-1.6
Cl-1.7
Cl-1.8
Cl-1.9
Cl-1.10
Cl-1.11
Cl-1.12
Cl-1.13
Cl-1.14
Cl-1.15
Cl-1.16
Cl-1.17
Cl-1.18
Cl-1.19
Cl-1.20
Cl-1.21
Cl-1.22
Cl-1.23
Cl-1.24
Cl-1.25
Cl-1.26
Cl-1.27
Cl-1.28
Cl-1.29
Cl-1.30
Cl-1.31
Cl-1.32
C2-2
C2-2.l
C2-2.2
C2-2.3
C2-2.4
C2-2 .5
PART C -GENERAL CONDITIONS
TABLE OF CONTENTS
TABLE OF CONTENTS
DEFINITIONS Cl-1 (1)
Definition of Terms Cl-1 (1)
Contract Documents Cl-1 (2)
Notice to Bidders Cl-1 (2)
Proposal Cl-1 (2)
Bidder Cl-1 (2)
General Conditions Cl-1 (2)
Special Conditions Cl-1 (2)
Specifications Cl-1 (2)
Bonds Cl-1 (2)
Contract Cl-1 (3)
Plans Cl-1 (3)
City Cl-1 (3)
City Council Cl-1 (3)
Mayor Cl-1 (3)
City Manager Cl-1 (3)
City Attorney Cl-1 (3)
Director of Public Works Cl-1 (3)
Director, City Water Department Cl-1 (3)
Engineer Cl-1 (3)
Contractor Cl-1 (3)
Sureties Cl-1 (4)
The Work or Project Cl-1 (4)
Working Day Cl-1 (4)
Calendar Days Cl-1 (4)
Legal Holidays Cl-1 (4)
Abbreviations Cl-1 (4)
Change Order Cl-1 (5)
Paved Streets and Alleys Cl-1 (5)
Unpaved Streets or Alleys Cl-1 (6)
City Street Cl-1 (6)
Roadway Cl-1 (6)
Gravel Street Cl-1 (6)
INTERPRETATION AND PREPARATION OF PROPOSAL
Proposal Form C2-2 (1)
Interpretation of Quantities C2-2 (1)
Examination of Contract Documents and Site of Project C2-2 (2)
Submitting of Proposal C2-2 (2)
Rejection of Proposals C2-2 (3)
(1)
C2-2.6
C2-2.7
C2-2.8
C2-2 .9
C2-2.10
C2-2 .11
C2-2.12
C3-3
C3-3 .1
C3-3.2
C3-3.3
C3-3.4
C3-3.5
C3-3.6
C3-3.7
C3-3.8
C3-3.9
C-3 -3.10
C3-3.l 1
C3-3.12
C3-3.13
C3-3.14
C3-3.15
C4-4
C4-4.1
C4-4.2
C4-4.3
C4-4.4
C4-4.5
C4-4 .6
C4-4.7
CS-5
CS-5 .1
CS-5 .2
CS-5.3
CS-5.4
CS-5.5
CS-5 .6
CS-5.7
CS-5.8
Bid Security
Delivery of Proposal
Withdrawing Proposals
Telegraphic Modifications of Proposals
Public Opening of Proposal
Irregular Proposals
Disqualification of Bidders
AW ARD AND EXECUTION OF DOCUMENTS :
Consideration of Proposals
Minority Business Enterprise/Women Business
Enterprise Compliance
Equal Employment Provisions
Withdrawal of Proposals
Award of Contract
Return of Proposal Securities
Bonds
Execution of Contract
Failure to Execute Contract
Beginning Work
Insurance
Contractor's Obligations
Weekly Payrolls
Contractor's Contract Administration
Venue
SCOPE OF WORK
Intent of Contract Documents
Special Provisions
Increased or Decreased Quantities
Alteration of Contract Documents
Extra Work
Schedule of Operation
Progress Schedules for Water and Sewer Plant Facilities
CONTROL OF WORK AND MATERIALS
Authority of Engineer
Conformity with Plans
Coordination of Contract Documents
Cooperation of Contractor
Emergency and/or Rectification Work
Field Office
Construction Stake s
Authority and Duties of City Inspector
(2)
C2-2 (3)
C2-2 (3)
C2-2 (3)
C2-2 (3)
C2-2 (4)
C2-2 (4)
C2-2 (4)
C3-3 (1)
C3-3 (1)
C3-3 (1)
C3-3 (1)
C3-3 (2)
C3-3 (2)
C3-3 (2)
C3-3 (3)
C3-3 (3)
C3-3 (4)
C3-3 (4)
C3-3 (6)
C3-3 (6)
C3-3 (6)
C3-3 (7)
C4-4 (1)
C4-4 (1)
C4-4 (1)
C4-4 (2)
C4-4 (2)
C4-4 (3)
C4-4 (4)
CS-5 (1)
CS-5 (1)
CS-5 (1)
CS-5 (2)
CS-5 (2)
CS-5 (3)
CS-5 (3)
C S-5 (3)
C5-5.9
C5-5 . l 0
C5-5.l 1
C5-5.12
C5-5 .13
C5-5.14
C5-5.15
C5-5 .16
C5-5.17
C5-5.18
C6-6
C6-6.1
C6-6.2
C6-6.3
C6-6.4
C6-6 .5
C6-6.6
C6-6.7
C6-6.8
C6-6.9
C6-6.10
C6.6.l 1
C6-6.12
C6-6.13
C6-6.14
C6-6 .15
C6-6.16
C6-6.l 7
C6-6. l 8
C6-6.19
C6-6 .20
C6-6.21
C7-7
C7-7.1
C7-7.2
C7-7.3
C7-7.4
C7-7.5
C7-7 .6
C7-7.7
C7-7.8
C7-7.9
Inspection
Removal of Defective and Unauthorized Work
Substitute Materials or Equipment
Samples and Tests of Materials
Storage of Materials
Existing Structures and Utilities
Interruption of Service
Mutual Responsibility of Contractors
Clean-Up
Final Inspection
LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
Laws to be Observed
Permits and Licenses
Patented Devices, Materials, and Processes
Sanitary Provisions
Public Safety and Convenience
Privileges f Contractor in Streets, Alleys,
and Right-of-Way
C5-5 (4)
C5-5 (4)
C5-5 (4)
C5-5 (5)
C5-5 (5)
C5-5 (5)
C5-5 (6)
C5-5 (7)
C5-5 (7)
C5-5 (8)
C6-6 (1)
C6-6 (1)
C6-6 (1)
C6-6 (1)
C6-6 (2)
C6-6 (3)
Railway Crossings C6-6 (3)
Barricades, Warnings and Flagmen C6-6 (3)
Use of Explosives , Drop Weight, Etc. C6-6 (4)
Work Within Easements C6-6 (5)
Independent Contractor C6-6 ( 6)
Contractor's Responsibility for Damage Claims C6-6 (6)
Contractor's Claim for Damages C6-6 (8)
Adjustment or Relocation of Public Utilities , Etc. C6-6 (8)
Temporary Sewer and Drain Connections C6-6 (8)
Arrangement and Charges for Water Furnished by the City C6-6 (9)
Use of a Section or Portion of the Work C6-6 (9)
Contractor's Responsibility for the Work C6-6 (9)
No Waiver of Legal Rights C6-6 (9)
Personal Liability of Public Officials C6-6 (10)
State Sales Tax C6-6 (10)
PROSECUTION AND PROGRESS
Subletting
Assignment of Contract
Prosecution of The Work
Limitation of Operations
Character of Workmen and Equipment
Work Schedule
Time of Commencement and Completion
Extension of Time C ompletion
Delays
(3)
C7-7 (I)
C7-7 (I)
C7-7 (1)
C7-7(2)
C7-7(2)
C7-7 (3)
C7-7 (3)
C7-7 (3)
C 7 -7 (4 )
C7-7.10
C7-7.l 1
C7-7.12
C7-7.13
C7-7.14
C7-7.l 5
C7-7.l 6
C7-7.17
Time of Completion
Suspension by Court Order
Temporary Suspension
Termination of Contract due to National Emergency
Suspension or Abandonment of the Work
and Annulment of the Contract:
Fulfillment of Contract
Termination for Convenience of the Owner
Safety Methods and Practices
C8-8 MEASUREMENT AND PAYMENT
C8-8 .l
C8-8 .2
C8-8.3
C8-8.4
C8-8.5
C8-8.6
C8-8.7
C8-8.8
C8-8.9
C8-8. l 0
C8-8.l l
CS-8.12
CS-8.13
Measurement of Quantities
Unit Prices
Lump Sum
Scope of Payment
Partial Estimates and Retainage
Withholding Payment
Final Acceptance
Final Payment
Adequacy of Design
General Guaranty
Subsidiary Work
Miscellaneous Placement of Material
Record Documents
(4)
C7-7 (4)
C7-7(5)
C7-7(5)
C7-7 (6)
C7-7 (6)
C7-7 (8)
C7-7 (8)
C7-7(11)
C8-8 (1)
C8-8 (1)
C8-8 (1)
C8-8 (1)
C8-8 (2)
C8-8 (3)
C8-8 (3)
C8-8 (3)
C8-8 (4)
C8-8 (4)
C8-8 (4)
C8-8 (4)
C8-8 (4)
PART C-GENERAL CONDITIONS
Cl-1 DEFINITIONS
SECTION Cl-1 DEFINITIONS
Cl-1.1 DEFINITIONS OF TERMS : Whenever in these Contract Documents the
following terms or pronouns in place of them are used , the intent and meaning shall be
understood and interpreted as follows:
Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written
and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern
the terms and performance of the contract. These are contained on the 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 -NOTICE TO BIDDERS
PART B -PROPOSAL
PART C-GENERAL CONDITIONS
PART D -SPECIAL CONDITIONS
PART E-SPECIFICATIONS
PERMITS /EASEMENTS
PART F-BONDS
PART G-CONTRACT
(Sample)
(Sample)
(CITY)
(Developer)
White
White
Canary Yellow
Brown
Green
El-White
E2-Golden Rod
E2A-White
Blue
(Sample) White
(Sample) White
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) same as above
PART B -PROPOSAL (Bid)
PART C -GENERAL CONDITIONS
PART D -SPECIAL CONDITIONS
PART E-SPECIFICATIONS
PERMITS /EASEMENTS
PART F-BONDS
PART G-CONTRACT
PART H -PLANS (Usually bound separately)
Cl-1 (1 )
Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published
in public advertising mediums or furnished direct to interested parties pertaining to the
work contemplated under the Contract Documents constitutes the notice to bidders.
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 , 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 jn accordance with the customary procedure, the local statutes, and
requirements of the City of Fort Worth 's charter and promulgated ordinances.
Whenever there may be a conflict between the General Conditions and the Special
Conditions, the latter shall take precedence ..
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 or part of the Contract
Documents which set forth in detail the requirements which must be met by all materials,
construction, workmanship, equipment and services in order to render a completed an
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 BONDS: The bond or bonds are the written guarantee or security furnished by
the Contractor for prompt and faithful performance of the contract and include the
following:
a. Performance Bond (see paragraph C3-3.7)
b. Payment Bond (see paragraph C3-3.7)
c. Maintenance Bond (see paragraph C3-3.7)
d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and
C2-2.6)
Cl-1 (2)
C 1-1.10 CONTRACT : The Contract is a 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.
Cl-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the
Owner 's representative showing in detail the location , dimension and position of the
various elements of the project, including such profiles , typical cross-sections, layout
diagrams , working drawings, preliminary drawings and such supplemental drawings as
the Owner may issue to clarify other drawings or for the purpose of showing changes in
the work hereinafter authorized by the Owner. The plans are usuall y bound separately
from the other parts of the Contract Documents, but they are 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 go verning body or its
City Manager, each of which is required by charter to perform specific duties.
Responsibility for final enforcement of the Contracts involving the City of Fort Worth is
by Charter vested in the City Manager. The terms City and Owner are synonymous .
C 1-1.13 CITY COUNCIL : The duly elected and qualified governing body of the City of
Fort Worth , Texas .
C 1-1.14 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 officially appointed official of the City
of Fort Worth , Texas , referred to in the charter as the City Engineer, or his duly
authorized representative.
Cl-1.18 DIRECTOR, CITY WATER DEPARTMENT: The officially appointed
Director of the City Water Department of the City of Fort Worth, Texas , or his duly
authorized representative , assistant, or agents .
Cl-1.19 ENGINEER: The Director of Public Works , the Director of the Fort Worth
City 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 (3)
Cl-1.20 CONTRACTOR: The person, person 's , partnership, company, firm , association,
or corporation, entering into a contract with the Owner for the execution of work, acting
directly or through a duly authorized representative. A sub-contractor is a person , firm ,
corporation , supplying labor and materials or only labor, for the work at the site of the
project.
Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are
required with and for the Contractor. The sureties engaged are to be fully responsible for
the entire and satisfactory fulfillment of the Contract and for any and all requirements as
set forth in the Contract Documents and approved changes therein .
Cl -1.22 THE WORK OR PROJECT : The completed work contemplated in and
covered by the Contract Documents, including but not limited to the furnishing of all
labor, materials , tools , equipment, and incidentals necessary to produce a completed and
serviceable project.
Cl-1.23 WORKING DAY: A working day is defined as a calendar day, not including
Saturdays, Sundays, and legal holidays , in which weather or other conditions not under
the control of the Contractor permit the performance of the principal unit of work for a
period of not less than seven (7) hours between 7 :00 a.m. and 6 :00 p.m., with exceptions
as permitted in paragraph C7-7.6
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:
1.
2.
3.
4 .
5.
6 .
7.
8.
9.
New Year 's day
M.L. King, Jr. Birthday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Such other days in lieu of holidays as
the City Council may determine
January 1
Third Monday in January
Last Monday in May
July4
First Monday in September
Fourth Thursday in November
Forth Friday in November
December 25
When one of the above named holidays or a special holiday is declared by the City
Council , fall s 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 as the holiday .
Cl-1 (4)
Cl-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the
Contract Documents, the intent and meaning shall be as follows:
AASHTO -
ASCE
IAW
ASTM
AWWA
ASA
HI
Asph.
Ave.
Blvd.
CI
CL
GI
Lin .
lb .
MH
Max.
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
Center Line
Galvanized Iron
Linear or Lineal
Pound
Manhole
Maximum
MGD
CFS
Min.
Mono .
%
R
I.D .
O.D .
Elev .
F
C
In .
Ft.
St.
CY
Yd .
SY
L.F .
D.I.
Million Gallons
per Day
Cubic Foot per
Second
Minimum
Monolithic
Percentum
Radius
Inside Diameter
Outside Diameter
Elevation
Fahrenheit
Centigrade
Inch
Foot
Street
Cubic Yard
Yard
Square yard
Linear Foot
Ductile Iron
Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental 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 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.
C 1-1.28 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 surfaces applied over the
natural unimproved surface:
1. Any type of asphaltic concrete with or without separate base material.
2 . Any type of asphalt surface treatment, not including an oiled surface, with
or without separate base material.
3. Brick, with or without separate base material.
4 . Concrete, with or without separate b ase material.
Cl-1 (5 )
5. Any combination of the above.
Cl-1.29 UNPAVED STREETS OR ALLEYS : An unpaved street, alley, roadway or
other surface is any area except those defined for "Paved Streets and Alleys ."
Cl -1.30 CITY STREET: A city street is defined as that area between the right-of-way
lines as the street is dedicated .
C 1-1.31 ROADWAY : The roadway is defined as the area between parallel lines two
(2 ') 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 an unimproved 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 .
Cl-1 (6)
SECTION C -GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
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 no more than one (1) year old.
In the case that 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 to be received, and such
experience must have been 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 Fort 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 (1)
C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with the Owner shall constitute
all of the information which the Owner will furnish. All additional information and data
which the Owner will supply after promulgation of the formal contract documents shall
be issued in the form of written addenda and shall become part of the Contract
Documents just as though such addenda were actually written into the original Contract
Documents.
Bidders are required, prior to filing of proposal , to read and become familiar with the
Contract Documents , to visit the site of the project and examine carefully all local
conditions , to inform themselves by their own independent research and investigations ,
tests , boring, and by such other means as may be necessary to gain a complete knowledge
of the conditions which will be encountered during construction of the project. They must
judge for themselves the difficulties of the work and all attending circumstances affecting
the cost of doing the work or the time required for its completion , and obtain all
information required to make an intelligent proposal. No information given by the Owner
or any representative of the Owner other th an that contained in the Contract Documents
and officially promulgated addenda thereto , shall be binding upon the Owner. Bidders
shall rely exclusively and solely upon their own estimates , investigation , research , tests ,
expl orations , 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 investigation , examinations and tests
herein required . Claims for additional compensation due to variations between conditions
actually encountered in construction and as indicated in the Contract Documents will not
be allowed .
The logs of Soil Borings , if any , on the pl ans 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 work contemplated or furnish the
materials required . All such prices shall be written legibly. In case of discrepancy
between price written in 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 b y a firm , association , or
partnership , the name and address of each member of the firm , association , or partnership ,
or by person duly authorized. If a proposal is submitted by a company or corporation, the
company or corporation name and business address must be given, and the proposal
signed by an official or duly authori zed agent. The corporate seal must be affixed. Power
of Attorney authorizing agents or others to sign proposal mu st be properly certified and
must be in writing and submitted with the proposal.
C2-2 (2)
C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any
alteration of words or figures, additions not called for , conditional or uncalled for
alternate bids, erasures , or irregularities of any kind, or contain unbalanced value of any
items. Proposal tendered or delivered after the official time designated for receipt of
proposal shall be returned to the Bidder unopened .
C2-2.6 BID SECURITY : No proposal will be considered unless it is accompanied by a
"Proposal Security" of the character and the amount indicated in the ''Notice to Bidders "
and the "Proposal." The Bid Security is required by the Owner as evidence of good faith
on the part of the Bidder, and by way of a guaranty that if awarded the contract, the
Bidder will within the required time execute a formal contract and furnish the required
performance and other bonds. The bid security of the three lowest bidders will be retained
until the contract is awarded or other disposition is made thereof. The bid security of all
other bidders may be returned promptly after the canvass of bids.
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its proper Bid Security, to the City Manager or his
representative in the official place of business as set forth in the "Notice to Bidders." It is
the Bidder 's sole responsibility to deliver the proposal at the proper time to the proper
place. The mere fact that a proposal was dispatched will not be considered . The Bidder
must have the proposal actually delivered. Each proposal shall be in a sealed envelope
plainly marker with the word "PROPOSAL," and the name or description of the project
as designated in the "Notice to Bidders." The envelope shall be addressed to the City
Manager, City Hall , Fort Worth , Texas.
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City
Manager cannot be withdrawn prior to the time set for opening proposals . A request for
non-consideration must be made in writing, addressed to the City Manager, and filed with
him prior to the time set for 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 TELEGRAHIC MODIFICATIONS 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 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.
C2-2 (3)
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 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 "Irregular" if
they show any omissions , alterations of form, additions, or conditions not called for ,
unauthorized alternate bids, or irregularities of any kind . However, the Owner reserves
the right to waive any all irregularities and to make the award of the contract to the best
interest of the City. Tendering a proposal after the closing hour is an irregularity which
can not be waived .
C2 -2.12 D ISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their
proposals not considered for any of, but not limited to, the following reasons :
a) Reasons for believing that collusion exists among bidders .
b) Reasonable grounds for believing that any bidder is interested in more than
one proposal for work contemplated .
c) The bidder being interested in any litigation against the Owner or where
the Owner may have a claim against or be engaged in litigation against the
bidder.
d) The bidder being in arrears on any existing contract or having defaulted on
a previous contract.
e) The bidder having performed a prior contract in an unsatisfactory manner.
f) Lack of competency as revealed by financial statement, experience
statement, equipment schedule, and such inquiries as the Owner may see
fit to make.
g) Uncompleted work which, in the judgment of the Owner, will prevent or
hinder the prompt completion of additional work if awarded .
h) The bidder not filing with the Owner, one week in advance of the hour of
the opening of proposals the following:
1. Financial Statement showing the financial condition of the bidder
as specified in Part "A " -Special Instructions
2 . 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.
3 . An equipment schedule showing the equipment the bidder has
available for use on the project.
The Bid Proposal of the bidder, who , in the judgment of the Engineer, is disqualified
under the requirements stated herein, shall be set aside and not opened .
C2-2 (4)
PART C -GENERAL CONDITIONS
C3-3 AW ARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AW ARD AND EXECUTION OF DOCUMENTS:
C3-3.l CONSIDERATION OF PROPOSALS : After proposals have been opened and
read aloud , the proposals will be tabulated on the basis of the quoted prices, the quantities
shown in the proposal , and the application of such formulas or other methods of bringing
items to a common basis as may be established in the Contract Documents.
The total obtained by taking the sum of the products of the 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 ward 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 therefor. 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 the Contractor that will substantiate the actual work performed by an MWE 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 of not less th an six (6) months .
C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with
Current City Ordinances 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 m ay be acquired from the Equ al Employment Officer.
C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the
Owner, it cannot be withdrawn by the Bidder within forty -fi ve ( 45) days after the date on
which the propos als were opened.
C3-3 (1)
C 3-3.5 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 as to the responsibility of the proposed awardee .
The award of the contract, if award is made, will be to the lowest and best responsive
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 or the Owner has otherwise disposed of the bids , after which they will be
returned by the City Secretary.
C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the
Contractor shall furnish to , and file with the owner in the amounts herein required, the
following bonds:
a. PERFORMANCE BOND: A good and sufficient performance bond in
the amount of not less than 100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full
and faithful execution of the work and performance of the contract, and for
the protection of the Owner and all other persons against damage by
reason of negligence of the Contractor, or improper execution of the work
or use of inferior materials. This performance bond shall guarantee the
payment for all labor, materials, equipment, supplies, and services used in
the construction of the work, and shall remain in full force and effect until
provisions as above stipulated are accomplished and final payment is made
on the project by the City.
b. 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 . l 0.
c. PAYMENT BOND: A good and sufficient payment bond, in the amount
of not less than 100 percent of the amount of the contract, as evidenced by
the proposal tabul ation or oth erwise , guaranteeing the prompt, full and
faithful payment of all cl aimants as defined in Article 5160 , Revised Civil
C 3-3 (2)
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 contract being constructed under these
specifications. Payment Bond shall remain in 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.
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 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 the bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has
appropriate resolution , or otherwise, awarded the contract, the Contractor shall execute
and file with the Owner, the Contract and such bonds as may be required in the Contract
Documents .
No Contract shall be binding upon the Owner until it has been attested by the City
Secretary, approved as to form and legality by the City Attorney, and executed for the
Owner by either the Mayor or City Manager.
C3-3 .9 FAILURE TO EXECUTE 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
C3-3 (3)
suffer by reason of such failure on the part of the A wardee and shall thereupon
immediately be forfeited to the Owner.
The filing of a proposal will be considered as acceptance of this provision by the Bidder.
C-3-3 .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 "Work Order" or "Proceed Order", it is agreed that the Surety Company
will , within ten (10) days after the commencement date set forth in such written
authorization , commence the physical execution of the contract.
C3-3 .11 INSURANCE : The Contractor shall not commence work under this
contract until he has obtained all 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 . COMPENSATION INSURANCE: The Contractor shall maintain,
during the life of this contract, Worker 's 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 Worker 's Compensation Statute , the Contractor shall provide adequate
employer 's general liability insurance for the protection of such of his
employees not so protected .
b.
C.
COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
Contractor Shall procure and shall maintain during the life of this contract,
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 a separate policies or by additional endorsement to one of the
abo v e-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).
C3-3 (4)
2. Blasting, prior to any blasting being done.
3. Collapse of buildings or structures adjacent to excavation fil
excavation are performed adjacent to same).
4. Damage to underground utilities for $500,000.
5. Builder's risk (where above-ground structures are involved).
6. Contractual Liability ( covers all indemnification requirements of
Contract).
d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain during the life of
this 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 of one accident, and automobile
property damage insurance in an amount not less than $100,000.
e.
f.
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.
PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish
the owner with satisfactory proof of coverage by insurance required in
these Contract Documents in the amounts and by carriers satisfactory to
the Owner. (Sample attached.) All insurance requirements made upon the
Contractor shall apply to the sub-contractors, should the Prime
Contractor 's insurance not cover the sub-contractor's work operations.
C3-3 (5)
g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance
and bonding companies with whom the Contractor's insurance and
performance, payment, maintenance and all such other bonds are 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 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, and 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 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 PAYROLLS: 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
furnished to the Owner's representative within seven (7) days after the close of each
payroll period. A copy or copies of the applicable minimum wage rates as set forth in the
Contract Documents shall be kept posted in a conspicuous place at the site of the project
at all times during the course of the Contract. Copies of the wage rates will be furnished
the Contractor, by the Owner; however, posting and protection of the wage rates shall be
the responsibility of the Contractor.
C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor,
whether a person , persons, partnership, company, firm , association, corporation or other
who is approved to do business with and enters into a contract with the City for
construction of water and/or sanitary sewer facilities, will have or shall establish a fully
operational business office within the Fort Worth-Dallas metropolitan area. The
Contractor shall charge , delegate, or assign this office ( or he may delegate his Project
Superintendent) with full authority to transact all business actions required in the
performance of the Contract. This local authority shall be made responsible to act for the
Contractor in all matters made responsible to act for the Contractor in all matters
pertaining to the work governed by the Contract whether it be administrative or other
wise and as such shall be empowered, thus delegated and directed, to settle all material ,
labor or other expenditure , all claims against work or any other mater associated such as
maintaining adequate and appropriate insurance or security coverage for the project. Such
local authority for the administration of the work under the Contract shall be maintained
until all business transactions executed as part of the Contract are complete.
C3-3 (6)
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 ad vance of any work on the project, all
appropriately signed and sealed, as applicable , by the Contractor 's responsible offices
with the understanding that this written assignment of authority to the local representative
shall become part of the project Contract as though bound directly into the project
documents. The intent of these requirements is that all matters associated with the
Contractor 's administration , whether it be oriented in furthering the work , or other, be
governed direct by local authority. This same requirement is imposed on insurance and
surety coverage . Should the Contractor 's local representative fail to perform to the
satisfaction of the Engineer, the Engineer , at his sole discretion , may demand that such
local representative be replaced and the Engineer may, at his sole discretion , stop all work
until a new local authority satisfactory to the Engineer is assigned . No credit of working
time will be allowed 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 .
C3 -3 (7)
SECTION C4-4 SCOPE OF WORK
PART C-GENERAL CONDITIONS
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 for 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 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 any such work and furnished to the Bidder in the form of Addenda.
All such "Special Provisions" shall be considered to be 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 and as found to be necessary, and the Contractor shall
perform the work as altered , increased or decreased at the unit prices . Such increased or
decreased quantity shall not be more than twenty-five (25) percent of the contemplated
quantity of such item or items. When such changes increase or decrease the original
quantity of any item or items of work to be done or materials to be furnished by the 25
percent or more, then either party to the contract shall upon written request to the other
party be entitled to a revised consideration upon that portion of the work above or below
the 25 percent of the original quantity stated in the proposal; such revised consideration to
be determined by special agreement or as hereinafter provided for "Extra Work." No
allowance will be made for any changes in anticipated profits not 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 overall quantities of sanitary sewer pipe in each pipe size, but not to
the various depth categories .
C4-4 (1)
C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner
reserves the right to make such changes in the Contract Documents and in the character or
quantities of the work as may be necessary or desirable to insure completion in the most
satisfactory manner, provided such changes do not materially alter the original Contract
Documents or change the general nature of the project as a whole. Such changes shall not
be considered as waiving or in validating any condition or provision of the Contract
Documents.
C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations
of the Contract Documents or of quantities or for other reasons for which no prices are
provided in the Contract Documents , shall be defined as "Extra Work " and shall be
performed by the Contractor in accordance with these Contract Documents or approved
additions thereto; provided however, that before any extra work is begun a "Change
order" shall be executed or written order issued by the Owner to do the work for
payments or credits as shall be determined by one or more combination of the following
methods:
a. Unit bid price previously approved.
b. An agreed lump sum .
c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the
extra work for the time so used at Associated General Contractors of
America current equipment rental rates , (3) materials entering permanently
into the project, and (4) actual cost of insurance, bonds , and social security
as determined by the Owner, plus a fixed fee to be agreed upon but not to
exceed 10 percent 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 owner by him and used for extra work. The fee shall be full and
complete compensation to cover the cost of superintendence, overhead,
other profit, general and all other expense not included in (1), (2), (3), and
( 4) above. The Contractor shall keep accurate cost records on the form and
in the method suggested by the Owner and shall give the Owner access to
all accounts , bills, vouchers, and records relating to the Extra Work.
No "Change Order" shall become effective until it has been approved and signed by each
of the 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.
C4-4 (2)
Should a difference arise as to what does or dose 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
accurate account of the actual 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) days 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.
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 OPERATION: 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 with the time being plotted horizontally and percentage of completion
plotted vertically. The progress charts shall be prepared on 8-1 /2 " x 11" sheets and at
least five black or blue line prints shall be furnished to the Owner.
C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES:
Within ten (10) days prior to submission of the 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 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 contract time approved by the Engineer. Three copies of the updated schedule shall be
delivered at such intervals as directed by the Engineer.
As a minimum, the construction schedule shall incorporate all work elements and
activities indicated in the proposal and in the technical specifications.
C4-4 (3)
Prior to the final drafting of the detailed construction schedule, the Contractor shall
review the draft schedule with the Engineer to ensure the Contractor 's understanding of
the contract requirements .
The following guidelines shall be adhered to in preparing the construction schedule:
a. Milestone dates and final project completion dates shall be developed to
conform to the time constraints , sequencing requirements and completion
time .
b . The construction progress shall be divided into activities with time
durations of approximately fourteen days (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 be accounted for within
the duration of each activity.
d. One critical path shall be shown on the construction schedule.
e. Float time is defined as the amount of time between the earliest start date
and the latest start date of a chain of activities of the CPM construction
schedule. Float time is not for the exclusive use or benefit of either the
Contractor or the Owner.
f. Thirty days shall be used for submittal review unless otherwise specified.
The construction schedule shall as a minimum, be divided into general categories as
indicated in the Proposal and Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve activities of approximately
fourteen (14) days duration.
For each general category, the construction schedule shall identify all trades or
subcontracts whose work is represented by activities that follow the guidelines of this
Section.
For each of the trades or subcontracts , the construction schedule shall indicate the
following procurements , construction and preacceptance activities and events in their
logical sequence for equipment and materials .
1. Preparation and transmittal of submittals
2. Submittal review periods .
C4-4 (4)
3. Shop fabrication and delivery.
4 . Erection or installation.
5 . Transmittal of manufacturer 's operation and maintenance instructions.
6 . Installed equipment and materials testing .
7. Owner's operator instruction (if applicable).
8. Final inspection.
9 . Operational testing.
If, in the opinion of the Owner, work accomplished falls behind that scheduled, the
Contractor shall take such action as necessary to improve his progress . In addition , the
Owner may require the Contractor to submit a revised schedule demonstrating his
program and proposed plan to make up lag in scheduled progress and to insure
comp letion 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 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
diligence as will insure its completion within the time specified.
C4-4 (5)
PART C -GENERAL CONDITIONS
CS-5 CONTROL OF WORK AND
MATERIALS
SECTION C5-5 CONTROL OF WORK AND MATERIALS
CS-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the
satisfaction of the Engineer and in strict compliance with the Contract Documents. The
Engineer shall decide all questions which arise as to the quality and acceptability of the
materials furnished, work performed, rate of progress of the work, overall sequence of the
construction, interpretation of the Contract Documents, acceptable fulfillment of the
Contract, compensation, mutual rights between Contractor and Owner under these
Contract Documents, supervision of the work, resumption of operations, and all other
questions or disputes which may arise. Engineer will not be responsible for Contractor's
means, methods, techniques, sequence 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.
The Engineer shall determine the amount and quality of the work completed and
materials furnished, and his decisions and estimates shall be final. His estimates in such
event shall be a condition to the right of the Contractor to receive money due him under
the Contract. The Owner shall have executive authority to enforce and make effective
such necessary decisions and orders as the Contractor fails to carry out promptly.
In the event of any dispute between the Engineer and Contractor over the decision of the
Engineer on any such matters, the Engineer must, within a reasonable time, upon written
request of the Contractor, render and deliver to both the owner and Contractor, a written
decision on the matter in controversy.
CS-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall
conform with lines, grades, cross-sections , finish, and dimensions shown on the plans or
any other requirements other wise 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 dimension shall govern over scaled dimensions, plans shall govern
over specifications , special conditions shall govern over general conditions and standard
specification, 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
C5-5 (1)
Contract Documents , and the owner shall be permitted to make such corrections or
interpretations as may be deemed necessary for fulfillment of the intent of the Contract
Documents. In the event the Contractor discovers an apparent error or discrepancy, he
shall immediately call this condition to the attention of the Engineer. In the event of a
conflict in drawings, specifications, or other portions of the Contract Documents which
were not reported prior to the award of Contract, the Contractor shall be deemed to have
quoted the most expensive resolution of the conflict.
C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished
with three sets of Contract Documents and shall have available on the site of the project
at all times , one set of such Contract Documents.
The Contractor shall give to the work the constant attention necessary to facilitate the
progress thereof and shall cooperate with the Engineer, his inspector, and other
Contractors in every possible way.
The Contractor shall at all times have competent personnel available to the project site for
proper performance of the work. The Contractor shall provide and maintain at all times at
the site of the project a competent, English-speaking superintendent and an assistant who
are fully authorized to act as the Contractor's agent on the work. Such superintendent and
his assistant shall be capable of reading and understanding the Contract Documents and
shall receive and fulfill instructions from the Owner, the Engineer, or his authorized
representatives . Pursuant to this responsibility of the Contractor, the Contractor shall
designate in writing to the project superintendent, to act as the Contractor's agent on the
work. Such assistant project superintendent shall be a resident of Tarrant County, Texas,
and shall be 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 the 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 a working-day basis.
Should the Contractor fail to respond to a request from the Engineer to rectify any
discrepancies , omissions , or correction 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
C5-5 (2)
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 shoe just cause for not taking the proper action , within 24 hours , the
City may take such remedial action with City forces or by contract. The City shall deduct
an amount equal to the entire costs for such remedial action , plus 25%, from any funds
due the Contractor on the project.
C5-5 .6 FIELD OFFICE: The Contractor shall provide, at no extra compensation , an
adequate field office for use of the Engineer, if specifically called for. The field office
shall be not less than 10 x 14 feet in floor area, substantially constructed , well heated , air
conditioned, lighted , and weather proof, so that documents will not be damaged by the
elements.
C5-5 .7 CONTRUCTION STAKES : The City, through its Engineer, will furnish
the Contractor with all lines , grades , and measurements necessary to the proper
prosecution and control of the work contracted under these Contract Documents , and
lines , grades 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 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 materials or equipment furnished or the manner of performing the
work , the City In spector will have the authority to reject materials or equipment, and/or to
suspend work until the question at issue can be referred to and decided by the Engineer.
The City Inspector will not, ho w ev er, be authorized to revoke, alter, enlarge, or release
any requirem ent of these Contract Do cuments, nor to appro ve or a ccept any portion or
section of the work, nor to is sue any instructions contrary tot he requirement s of the
C 5-5 (3)
Contract Documents . The City Inspector 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 of the Contract Documents, provided, however,
should the Contractor object to any orders or instructions or the City Inspector, the
Contractor may within six days make written appeal to the Engineer for his decision on
the matter in Controversy.
CS-5.9 INSPECTION: The Contractor shall furnish the Engineer with every
reasonable facility for ascertaining whether or not the work as performed is in accordance
with the requirements of the Contract Documents. If the Engineer so requests, the
Contractor shall, at any time before acceptance of the work, remove or uncover such
portion of the finished work as may be directed. After examination, the Contractor shall
restore said portions of the work to the standard required by the Contract Documents.
Should the work exposed or examined prove acceptable, the uncovering or removing and
replacing of the covering or making good of the parts removed shall be paid for as extra
work, but should Work so exposed or examined prove to be unacceptable, the uncovering
or removing and 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.
CS-5.10 REMOVAL OF EDEFCTIVE 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 expense. Work done beyond the
lines and grades given or as shown on the plans, except as herein specially provided, or
any Extra Work done without written authority, will be considered as unauthorized and
done at the expense of the Contractor and will not be paid for by the Owner. Work so
done may be ordered removed at the Contractor's expense . Upon the failure on the part of
the Contractor to comply with any order of the Engineer made under the provisions of
this paragraph, the Engineer will have the authority to cause defective work to be
remedied or removed and replaced and unauthorized work to be removed, and the cost
thereof may be deducted from any money due or to become due tot he Contractor. Failure
to require the removal of any defective or unauthorized work shall not constitute
acceptance of such work.
CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law,
ordinance, codes or regulations permit Contractor to furnish or use a substitute that is
equal to any material or equipment specified, and if Contractor wishes to furnish or use a
proposed substitute, he shall, prior to the preconstruction conference, make written
application to ENGINEER for approval of such substitute certifying in writing that the
proposed substitute will perform adequately the function called for by the general design ,
be similar and of equal substance to that specified and be suited to the same use and
CS-5 (4)
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 written approval of Engineer
who will be the judge of the equality and may require Contractor to furnish such other
data about the proposed substitute as 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 employees by either of
them from and against the claims , damages, losses and expenses (including attorneys
fees) arising out of the use of substituted materials or equipment.
C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the
Engineer, or as called for in the Contract Documents , tests of materials or equipment are
necessary, such tests will be made at the expense of and paid for direct to the testing
agency by the Owner unless other wise specifically provided . The failure of the Owner to
make any tests of materials shall in no way relieve the contractor of his responsibility of
furnishing materials and equipment fully conforming to the requirements of the Contract
Documents. Tests and sampling of materials , unless otherwise specified, will be made in
accordance with the latest methods prescribed by the American Society for Testing
Materials or specific requirements of the Owner. The Contractor shall provide such
facilities as the Engineer may require for collecting and forwarding samples and shall not,
without specific written permission of the Engineer, use materials represented by the
samples until tests have been made and the materials approved for use. The Contractor
will furnish adequate samples without charge to the Owner.
In case of concrete, the aggregates, design minimum , and the mixing and transporting
equipment shall be approved by the Engineer before any concrete is placed, and the
Contractor shall be responsible for replacing any concrete which does not meet the
requirements of the Contract Documents . Tests shall be made at least 9 days prior to the
placing of concrete, using samples from the same aggregate, cement, and mortar which
are to be used later in the concrete. Should the source of supply change, new tests shall be
made prior to the use of new materials.
CS-5.13 STORAGE OF MATERIALS : All materials which are to be used in the
construction contract shall be stored so as to insure the preservation of quality and fitness
of the work. When directed by the Engineer, they shall be placed on wooden platforms or
other hard, clean durable surfaces and not on the ground, and shall be placed under cover
when directed . Stored materials shall be placed and located so as to facilitate prompt
inspection.
C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions
shown on the plans relative to the existing utilities are based on the best information
available. Omission from , the inclusion of utility locations on the Plans is not to be
considered as nonexistence of, or a definite location of, existing underground utilities.
The location of many gas mains , water mains , conduits , sewer lines and service lines for
C5-5 (5)
all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for
failure to show any or all such structures and utilities on the plans or to show them in
their exact location . It is mutually agreed that such failure will not be considered
sufficient basis for claims for additional compensation for Extra Work or for increasing
the pay quantities in any manner whatsoever, unless an obstruction encountered is such as
to necessitate changes in the lines and grades of considerable magnitude or requires the
building of special works , provision of which is not made in these Contract Documents ,
in which case the provision in these Contract Documents for Extra Work shall apply.
It shall be the Contractor 's responsibility to verify locations of the adjacent and/or
conflicting utilities sufficiently in advance of construction in order that he may negotiate
such local adjustments as necessary in the construction process to provide adequate
clearances. The Contractor shall take all necessary precautions in order to protect all
existing utilities, structures , and service lines . Verification of existing utilities , structures ,
and service lines shall include notification of all utility companies at least forty-eight ( 48)
hours in advance of construction including exploratory excavation if necessary. All
verification of utilities and their adjustment shall be considered 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's Distribution Division as to
location, time, and schedule of service interruption.
2. Notify each customer personally through responsible personnel as
to the time and schedule of the interruption of their service, or
3. In the event that personal notification of a customer cannot be
made , a prepared tag form shall be attached to the customer 's door
knob . The tag shall be durable in composition, and in large bold
letters shall say:
CS-5 (6 )
b.
"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
Emergency: In the event that an unforeseen service interruption occurs,
notice shall be as above, but immediate.
CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or
neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall
suffer loss or damage of 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 damage alleged to have
been sustained, the owner will notify the Contractor, who shall indemnify and save
harmless the owner against any such claim.
CS-5.17 CLEAN-UP: Clean-up of surplus and /or waste materials accumulated on
the job site during the prosecution of the work under these Contract Documents shall be
accomplished in keeping with a daily routine established to the satisfaction of the
Engineer. Twenty-four (24) hours after written notice is given 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 the monies due or to become due to the Contractor.
Upon the completion of the project as a whole as covered by these Contract Documents,
and before final acceptance and final payment will be made, the Contractor shall clean
and remove from the site of the project all surplus and discarded materials, temporary
structures, and debris of every kind. He shall leave the site of all work in a neat and
orderly condition equal to that which originally existed. Surplus and waste materials
removed from the site of the work shall be disposed of at locations satisfactory to the
Engineer. The Contractor shall thoroughly clean all equipment and materials installed by
him and shall deliver over such materials and equipment in a bright, clean, polished and
new appearing condition. No extra compensation will be made to the Contractor for any
clean-up required on the project.
CS-5 (7)
CS-5.18 FINAL INSPECTION: Whenever the work provided for in and
contemplated under the Contract Documents has been satisfactoril y completed and final
clean-up performed, the Engineer will notify the proper officials of the Owner and request
that a Final Inspection be made. Such inspection will be made within 10 days after such
notification . After such final inspection , if the work and materials and equipment are
found satisfactory, the Contractor will be notified in writing of the acceptance of the 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.
CS-5 (8 )
PART C -GENERAL CONDITIONS
C6-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
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 or 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 price shall include all royalties or cost
arising from patents, trademarks, 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 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 by reason of such infringement at any time during the prosecution of the work or after
completion of the work , provided, however, that the Owner will assume the responsibility
to defend any and all suits brought for the infringement of any patent claimed to be
infringed upon the design , type of construction or material or equipment specified in the
Contract Documents furnished the Contractor by the Owner, and to hold the Contractor
harmless on account of such suits.
C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce
among his employees such regulations in regard to cleanliness and disposal of garbage
and waste as will tend to prevent the inception and spread of infectious or contagious
diseases and to effectively prevent the creation of a nuisance about the work on any
property either public or private, and such regulations as are required by Law shall be put
into immediate force and effect by the Contractor. The nece ssary sanitary conveniences
for use of laborers on the w ork , properly secluded from public observation , shall be
constructed and maintained by the Contractor and their use shall be strictly enforced by
C6-6(1)
the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from
objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the
State of Texas and the City shall be strictly complied with.
C6-6 .5 PUBLIC SAFETY AND CONVENIENCE : Materials or equipment
stored about the work shall be placed and used, and the work shall at all times be so
conducted, as to cause no greater obstruction or inconvenience to the public than is
considered to be absolutely necessary by the Engineer. The Contractor is required to
maintain at all times all phases of his work in such a manner as not to impair the safety or
convenience of the public, including, but not limited to , safe and convenient ingress and
egress to the property contiguous tot he work area. The Contractor shall make adequate
provisions to render reasonable ingress and egress for normal vehicular traffic , except
during actual trenching or pipe installation operations , at all driveway crossings . Such
provisions may include bridging, placement or 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 may make arrangements
satisfactory to the Engineer for the diversion of traffic , and shall , at his 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 construction
of the work shall be placed so as not to endanger the work or prevent free access to all
fire hydrants , fire alarm boxes, police call boxes, water valves, gas valves , or manholes in
the vicinity . The Owner reserves the right to remedy any neglect on the part of the
Contractor as regards to public convenience and safety which may come to its attention,
after twenty-four hours notice in writing to the Contractor, save in cases of emergency
when it shall have the right to remedy any neglect without notice, and in either case , the
cost of such work 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 any street or alley is
requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and
when so directed by the Engineer, shall keep any street, streets, or highways in condition
for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire
Department Headquarters when all such obstructed streets, alleys, or hydrants are placed
back in service.
Where the Contractor is required to construct temporary bridges or make other
arrangements for crossing over ditches or streams , his responsibility for accidents in
connection with such crossings shall include the roadway approaches as well as the
structures of such crossings.
C6-6(2)
The Contractor shall at all times conduct his operation and use of construction machinery
so as not to damage or destroy trees and scrubs located in close proximity to or on the site
of the work. Wherever any such damage may be done, the Contractor shall immediately
satisfy all claims of property owners , and no payment will be made by the Owner in
settlement of such claims. The Contractor shall file with the Engineer a written statement
showing all such claims adjusted .
C6-6 .6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND
RIGHT-OF-WAY: For the performance of the contract, the Contractor will be
permitted to use and occupy such portions of the public streets and alleys , or other public
places or other rights-of-way as provided for in the ordinances of the City, as shown in
the Contract Documents, or as may be specifically authorized in writing by the Engineer.
A reasonable amount of tools, materials, and equipment for construction purposes may be
stored in such space, but no more than is necessary to avoid delay in the construction
operations. Excavated and waste materials shall be piled or staked 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
railroad 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 railroad , the City will secure the necessary easement for the work. Where the
railroad tracks are to be crossed, the Contractor shall observe all the regulations and
instructions of the railroad company as to the methods of performing the work and take
all precautions for the safety of property and the public. Negotiations with the railway
companies for the permits shall be done by and through the City. The Contractor shall
give the City Notice not less than five days prior to the time of his intentions to begin
work on that portion of the project which is related to the railway properties. The
Contractor will not be given extra 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 watchman , 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 m aintain 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
C6 -6(3)
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 provisions set forth in the "1980
Texas Manual on Uniform Traffic Control Devices for Streets and Highways " issued
under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways",
codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27 ,
29, 30 and 31.
The Contractor will not remove any regulatory sign, instructional sign, street name sign ,
or other sign which has been erected by the City . If it is determined that a sign must be
removed to permit required construction, the Contractor shall contact the Transportation
and Public Works Department, Signs and Markings Division (phone number (817) 871-
8075), to remove the sign. In case of regulatory signs, the Contractor must replace the
permanent sign with a temporary sign meeting the requirements of the above referred
manual and such temporary sign must be installed prior to the removal of the permanent
sign. If the temporary sign is not install ed 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 Division to re-install the permanent sign and shall leave his temporary sign in
place until such re -installation is comp leted .
The Contractor will be held responsib le foe 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 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 hours in advance of the use of any
C6-6(4)
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 specified in the Special
Conditions Documents, or the use of explosives is requested , the Contractor shall submit
notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish
evidence that he has insurance coverage to protect against any damages and /or injuries
arising out of such use of explosives.
C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through , or into
private property, the Owner will provide such right-of-way or easement privileges , as the
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
expense. Such additional rights-of-way or work area 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 obstructions which
must be removed to make possible proper prosecution of the work as a part of the project
construction operations. The Contractor shall be responsible for the preservation of and
shall use every precaution to prevent damage to , all tress , shrubbery, plants , lawns ,
fences , culverts, curbing , and all other types of structures or improvements , to all water,
sewer, and gas lines , to all conduits , overhead pole lines , or appurtenances thereof,
including the construction of temporary fences and to all other public or private property
adjacent to the work.
The Contractor shall notify the proper representatives of the owners or occupants of the
public or private lands of interest in lands which might be affected by the work. Such
notice shall be made at least 48 hours in advance of the beginning of the work. Notices
shall be applicable to both public and private utility companies or any corporation ,
company, individual , or other, either as owners or occupants , whose land or interest in
land might be affected by the work. The Contractor shall be responsible for all damage or
injury to property of any character resulting from any act , omission , neglect, or
misconduct in the manner or method or execution of the work , or at an y time due to
defecti ve work , material , or equ ipment.
When and where any direct or indirect or injury is done to public or priv ate property on
account of any act , omission, neglect , or misconduct in the execution of the work , or in
consequence of non-execution thereof on the part of the Contractor, he shall restore or
have restored as his co st and expen se such property to a condition at least equal to th at
existing before such damage or injury was done , by repairing , rebuilding, or otherwise
C6-6(5)
replacing and restoring as may be directed by the Owner, or he shall make good such
damages or injury in a manner acceptable to the owner of the property and the Engineer.
All fences encountered and removed during construction of this project shall be restored
to the original or a better than original condition upon completion of this project. When
wire fencing , either wire mesh or barbed wire is to be crossed , the Contractor shall set
cross brace posts on either side of the permanent easement before the fence is cut. Should
additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the
point of the proposed cut in addition to the cross braced posts provided at the permanent
easements limits, before the fence is cut.
Temporary fencing shall be erected in place of the fencing removed whenever the work is
not in progress and when the site is vacated overnight, and/or at all times to prevent
livestock from entering the construction area. The cost for fence removal , temporary
closures and replacement shall be subsidiary to the various items bid in the project
proposal. Therefore, no separate payment shall be allowed for any service associated with
this work.
In case of failure on the part of the Contractor to restore such property or to make good
such damage or injury, the Owner may, upon 48 hour written notice under ordinary
circumstances , and without notice when a nuisance or hazardous condition results ,
proceed to repair, rebuild , or otherwise restore such property as may be determined by the
Owner to be necessary, and the cost thereby will be deducted from any monies due to or
to become due to the Contractor under this contract.
C6.6 .11 INDEPENDENT CONTRACTOR : It is understood and agreed by the
parties hereto that the Contractor shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent , servant, or employee of the Owner.
Contractor shall have exclusive control of and exclusive right to control the details of all
work and services performed hereunder, and all persons performing the same, and shall
be solely responsible for the acts and omissions of its officers, agents , servants ,
employees, contractor, subcontractors, licensees and invitees. The doctrine of respondeat
superior shall not apply as between Owner and Contractor, its officers, agents , employees ,
contractors and subcontractors , and nothing herein shall be construed as creating a
partnership or joint enterprise between Owner and Contractor.
C6-6 .12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor
covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its
officers, agents , servants , and employees from and against any and all claims or suits for
property damage or loss and /or personal injury, including death , to any and all persons, of
whatsoever kind or character, whether real or asserted , arising out of or in connection
with , directly or indirectly, the work and services to be performed hereunder by the
Contractor, its officers, agents, employees , contractors, subcontractors, licensee s or
in vitees , whether or not cau sed , in whole or in apart , by alleged negligence on the part of
officers , agents , employees , contractors, subcontractors , licensees or invitees of the
C6-6(6)
Owner; and said Contractor does hereby covenant and agree to assume all liability and
respon sibility of Owner, its officers , agents , servants , and employees for property damage
or loss , and/or personal injuries , including death, to any and all person of whatsoever kind
or character, whether real or asserted , arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by the Contractor, its
officers , agents, employees , contractors , subcontractors, licensees or invitees , whether or
not cau sed , in whole or in apart, by alleged negligence of officers , agents, employees,
contractors, subcontractors , licensees or invitees of the Owner. Contractor likewise
covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and
against any and all injuries, loss or damages to property of the Owner during the
performance of any of the terms and conditions of this Contract, whether arising out of or
in connection with or resulting from , in whole or in apart, any and all alleged acts of
omission of officers, agents , employees , contractors , subcontractors , licensees , or invitees
of the Owner.
In the event a written claim for damages against the contractor or its subcontractors
remains unsettled at the time all work on the project has been completed to the
satisfaction of the 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 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 3 0-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 total 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 then 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 tot he Director that:
1. The claim h as been settled and a release has been obtained from the
claimant involved, or
2. Good faith efforts have been made to s ettle such outstanding claims , and
such good faith efforts have failed.
If condition (1) above is met at any time within the six month period, the Director shall
recommend that the final p ayment to the Contractor be made. If condition (2) above i s
met at any time within the si x month period, the Director may recommend that fin al
p ayment to the Contractor be made. At the expiration of the six month p eriod , the
C6-6(7)
Director may recommend that final payment be made if all other work has been
performed and all other obligations of the Contractor have been met to the satisfaction of
the 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 foe any alleged damage by reason of the acts or omissions of the Owner, he
shall within three days after the actual sustaining of such alleged damage , make a written
statement to the Engineer, setting out in detail the nature of the alleged damage , and on or
before the 25th day of the month succeeding that in which ant such damage is claimed to
have been sustained , the Contractor shall file with the Engineer an itemized statement of
the details and the amount of such alleged damage and , upon request, shall give the
Engineer access to all books of account, receipts, vouchers , bills of lading, and other
books or papers containing any evidence as to the amount of such alleged damage . Unless
such statements shall be filed as hereinabove required , the Contractor's claim for
compensation shall be waived, and he shall not be entitled to payment on account of such
damages.
C6-6 .14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC .: In case
it 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 the 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 divisions.
The Contractor, at his own cost and expense, shall construct such troughs, pipes , or other
structures necessary, and be prepared at all times to dispose of drainage and sewage
received from these temporary connections until such times as the permanent connections
are built and are in service. The existing sewers and connections shall be kept in service
and maintained under the Contract, except when specified or ordered to be abandoned by
the Engineer. All water, sewage , and other waste shall be disposed of in a satisfactory
manner so that no nuisance is created and so that the work under construction will be
adequately protected.
C6-6(8)
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 hydrant and/or valves is
detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VAL YES in these General
Contract Documents.
When meters are used to measure the water, the charges, if any, for water will be made at
the regular established rates. When meters are not used, the charges, if any, will be as
prescribed by the City ordinance, or where no ordinances applies, payment shall be made
on estimates and rates established by the Director of the Fort Worth Water Department.
C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, m 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 notice of the Engineer, and such usage
shall not be held to be in any way an acceptance of said work or structure or any part
thereof or as a waiver of any of the provisions of these Contract Documents. All
necessary repairs and removals of any section of the work so put into use, due to defective
materials or workmanship, equipment, or deficient operations on the part of the
Contractor, shall be perfonned by the Contractor at his 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 nonexecution of the
work. The Contractor shall rebuild, repair, restore, and make good at his own expense all
injuries or damage to any portion of the work occasioned by any of the hereinabove
causes.
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.
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(9)
C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrymg out the
provisions of these Contract Documents or in exerci sing any power of authority granted
thereunder, there shall be no liability upon the authorized representative of the Owner,
either personally or other wise 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 ,
and organization which qualifies for exemption pursuant the provisions of Article 20.04
(H) of the Texas Limited Sales , Excise , and Use Tax Act , the Contractor may purchase,
rent or lease all materials , supplies and equipment used or consumed in the performance
of this contract by issuing to his supplier an exemption certificate in lieu of the tax , said
exemption certificate to comply with State Comptroller 's Ruling .007. Any such
exemption certificate issued to the Contractor in lieu of the tax shall be subject to and
shall comply with the provision of State Comptroller 's Ruling .011 , and any other
applicable State Comptroller 's 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-owner
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 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.
Texas Limited Sales , Excise, and Use Tax Act permits and information can be obtained
from:
Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin , TX
C6-6(10)
PART C -GENERAL CONDITIONS
C7-7 PROSECUTION AND PROGRESS
SECTION C7-7 PROSECUTION AND PROGRESS:
C7-7.1 SUBLETTING: The Contractor shall perform with his own organization,
and with the assistance of workmen under his immediate superintendence, work of a
value of not less than fifty (50%) percent of the value embraced on the contract. If the
Contractor sublets any part of the work to be done under these Contract Documents, he
will not under any circumstances be relieved of the responsibility and obligation assumed
under these Contract Documents. All transactions of the Engineer will be with the
Contractor. Subcontractors will be considered only in the capacity of employees or
workmen of the Contractor and shall be subject tot he 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, or otherwise dispose of the contract or his rights, title, or interest in or to the same
or any part thereof without the previous consent of the Owner expressed by resolution of
the City Council and concurred in by the Sureties.
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
states, attempt to dispose of the contract may, at the option of the Owner be revoked and
annulled, unless the Sureties shall successfully complete said contract, and in the event of
any such revocation or annulment , any monies due or to become due under or by virtue of
said contract shall be retained by the Owner as liquidated damages for the reason that it
would be impracticable and extremely difficult to fix the actual damages.
C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction
operations, the Contractor shall submit to the Engineer in five or more copies, if
requested by the Engineer, a progress schedule preferably in chart or diagram form, or a
brief outlining in detail and step by step the manner of prosecuting the work and ordering
materials and equipment which he expects to follow in order to complete the project in
the scheduled time. There shall be submitted a table of estimated amounts to be earned by
the Contractor during each monthly estimate period.
The Contractor shall commence the work to be performed under this contract within the
time limit stated in these Contract Documents and shall conduct the work in a continuous
manner and with sufficient equipment, materials , and labor as is necessary to insure its
completion within the time limit.
C7-7(1)
The sequence requested of all construction operations shall be at all times as specified in
the Special Contract Documents. Any Deviation from such sequencing shall be submitted
to the Engineer for his approval. Contractor shall not proceed with any deviation until he
has received written approval from the Engineer. Such specification or approval by the
Engineer shall not relieve the Contractor from 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 LIMITATION OF OPERATIONS: The working operations shall at all
times be conducted by the Contractor so as to create a minimum amount of inconvenience
to the public. At any time when , in the judgment of the Engineer, the Contractor has
obstructed or closed or is carrying on operations in a portion of a street or public way
greater than is necessary for proper execution of the work, the Engineer may require the
Contractor to finish the section on which operations are in progress before the work is
commenced on any additional section or street.
C7-7 .5 CHARACTER OF WORKMEN AND EQUIPMENT : Local labor shall be
used by the Contractor when it is available. The Contractor may bring from outside the
City of Fort Worth his key men and his superintendent. All other workmen, including
equipment operators, may be imported only after the local supply is exhausted. The
Contractor shall employ only such superintendents , foremen , and workmen who are
careful, competent, and fully qualified to perform the duties and 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 to be found to be incompetent, disrespectful , intemperate,
dishonest, or otherwise objectionable or neglectful in the proper performance of his or
their duties, or who neglect or refuses to comply with or carry out the direction 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 the 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(2)
C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting
with the first day of the work completed as defined in Cl-1.23 "WORKING DAYS " or
the date stipulated in the "WORK ORDER" for beginning work, whichever comes first.
Nothing in these Contract Documents shall be construed as prohibiting the Contractor
from working on Saturday, Sunday or Legal Holidays, 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 that 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 shall be
allowed to the Contractor for any work performed on such a specific Saturday, Sunday or
Legal Holiday.
Calendar Days shall be defined in C 1-1.24 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.
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 occurred. Should an extension of the time of completion
be requested such request will be forwarded to the City Council for approval.
In adjusting the contract time for completion of work, consideration will be given to
unforeseen causes beyond the control of and without the fault or negligence of the
Contractor, fire, flood, tornadoes , epidemics , quarantine restrictions, strikes, embargoes ,
or delays of sub-contractors due to such causes.
C7-7(3)
When the date of completion is based on a calendar day bid , a request for extension of
time because of inclement weather will not be considered. A request for extension of time
due to inability to obtain supplies and materials will be considered only when a review of
the Contractor 's purchase order dates and other pertinent data as requested by the
Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on
schedule. This shall include efforts to obtain the supplies and materials from alternate
sources in case the first source cannot make delivery .
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 mat 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 the Engineer found
correct, shall be approved and referred by the Engineer 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 shall , however, be subject to the
approval of the City Council: and no such extension of time shall release the Contractor
or the surety on his performance bond from all his obligations hereunder which shall
remain in full force until the discharge of the contract.
C7-7 .10 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 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 oth erwise specified in other parts of the
Contract Documents, will be dedu cted from the monies due the Contractor, not as a
penalty, but as liquidated damages suffered by the Owner.
C 7-7(4)
AMOUNT OF CONTRACT AMOUNT OF
LIQUIDATED
DAMAGES
PER DAY
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 to calculate due to lack of accurate
information , 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.
C?-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 vent 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.
C?-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 unsuitable 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 the work covered by this contract, for any reason , the Owner w ill make no extra
payment for stand-by time of con struction 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 m anner that they w ill not ob struct or impede the public
unnecessarily nor become dam aged in any way, and he shall take every precaution to
p r ev ent damage or deterioration o f the w ork performed; h e shall prov ide suitable drainage
about the work, and erect temporary structures wher e necessary.
C?-7 (5)
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 THETIME OF COMPLETION, and should it be
determined by mutual consent of the Contractor and the Engineer that a solution to allow
construction to proceed is not available within a reasonable period of time , then the
Contractor may be reimbursed for the cost of moving his equipment off the job and ·
returning the necessary equipment to the job when it is determined by the Engineer that
construction may be resumed . Such reimbursement shall be based on actual cost to the
Contractor of moving the equipment and no profit will be allowed .
No reimbursement shall be allowed if the equipment is moved to another construction
project for the City of Fort Worth.
The Contractor shall not suspend work without written notice from the Engineer and shall
proceed with the work operations promptly when notified by the Engineer to so resume
operations.
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 that such conditions existing and that the inability of the
Contractor to proceed is not attributable in whole or in part to the fault or neglect of the
Contractor, than 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 my request the owner to terminate the contract and the owner
may comply with the request, and the termination shall be conditioned and based upon a
final settlement mutually acceptable to both the Owner and the Contractor and final
payment shall be made in accordance with the terms of the agreed settlement, which shall
include. But not be limited to the payment for all work executed but not anticipated
profits on work which has not been performed.
C7-7 .14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT
OF THE CONTRACT: The work operations on all or any portion or section of the
work under Contract shall be suspended immediately on written order of the Engineer or
the Contract may be declared canceled 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.
C7-7(6)
b. Substantial evidence that 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 on the work satisfactorily.
f. Failure on the part of the Contractor to observe any requirements of the
Contract Documents or to comply with any orders given by the Engineer
or Owner provided for in these Contract Documents.
g. Failure of the Contractor promptly to make good any defect in materials or
workmanship, or any defects of any nature the correction of which has
been directed in writing by the Engineer or the Owner.
h. Substantial evidence of collusion for the purpose of illegally procuring a
contract or perpetrating fraud on the City in the construction of work under
contract.
1. 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 canceled, 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 written consent of the owner, sublet the work or that
portion of the work as taken over, provided however, that the Sureties shall exercise their
option, if at all , within two weeks after the written notice to discontinue the work has
been served upon the Contractor and upon the Sureties or their authorized agents. The
Sureties , in such event shall assume the Contractor's place in all respects , and shall be
paid by the Owner for all work performed by them in accordance with the terms of the
Contract Documents. All monies remaining due the Contractor at the time of this default
C7-7(7)
shall thereupon become due and payable to the Sureties as the work progresses, subject to
all of the terms of the Contract Documents.
In case the Sureties do not, within the hereinabove specified time, exercise their right and
option to assume the contract responsibilities, or that portion thereof which the Owner
has ordered 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 work thereof as it may deem necessary, and the Contractor hereto agrees that the
Owner shall have the right to take possession of and use any materials, plants , tools ,
equipment, supplies, and property of any kind provided by the Contractor for the purpose
of carrying on the work and to procure other tools, equipment, materials, labor and
property for the completion of the work, and to charge to the account of the Contractor of
said contract expense for labor, materials, tools, equipment, and all expenses incidental
thereto. The expense so charged shall be deducted by the owner from such monies as may
be due or may become due at any time thereafter to the Contractor under and by virtue of
the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid
for the work completing the contract, but the expense to be deducted shall be the actual
cost of the owner of such work
In case such expenses shall exceed the amount which would have been payable under the
Contract if the same had been completed by the Contract, 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 and in
such a manner as to not hinder or interfere with the 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:
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.
A. NOTICE OF TERMINATION: Any Termination shall be effected by
mailing a notice of the termination to the Contractor specifying the extent
to which performance of work under the contract is terminated, and the
date upon which such termination becomes effective . Receipt of the notice
shall be deemed conclusively presumed and established when the letter is
placed in the United States Postal Service Mail by the Owner. Further, it
C7-7(8)
B .
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
CONTRACTOR ACTION: After r eceipt of a notice of termination,
and except as otherwise directed by the Engineer, the Contractor shall:
1. Stop work under the contract on the date and to the extent
specified in the notice of termination ;
2. place no further orders or subcontracts for materials ,
services or facilities except as may be necessary for
completion of such portion of the work under the contract
as is not terminated;
3. terminate all orders and subcontracts to the extent that they
relate to the performance of the work terminated by 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. the fabricated or un-fabricated parts , work in
progress , completed work, supplies and other
material produced as a part of, or acquired in
connection with the performance of, the work
terminated by the notice of the termination ; and
b. The completed or partially completed plans ,
drawings , information and other property which , if
the contract had been completed, would have been
required to be furnished to the Owner.
5. complete performance of such work as shall not have been
terminated by the notice of termination; and
6. Take such action as may be necessary, or as the 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 tennination date specified in the
noti ce of termination , th e Contractor may submit to the Engineer a list,
C 7-7(9)
certified as to quantity and quality, of any or all items of termination
inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by 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 the notice of
termination , the Contractor shall submit his termination claim to the
Engineer in the form and with the certification prescribed by the Engineer.
Unless one or more extensions in writing are granted by the Owner upon
request of the Contractor, made in writing within such 60-day period or
authorized extension thereof, any and all such claims shall be conclusively
deemed waived.
D. AMOUNTS: Subject to the prov1s10ns of Item C7-7.l(C), the
Contractor and the 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 the work pursuant hereto; provided, that such agreed
amount or amounts shall never exceed the total contract price reduced by
the amount of payments otherwise made and as further reduced by the
contract price work not terminated. The contract shall be amended
accordingly, and the Contractor shall be paid the agreed amount. No
amount shall be due for lost or anticipated profits> Nothing in C7-7 .16(E)
hereafter, prescribing the amount to be paid to the Contractor by reason of
the termination of work pursuant to this section, shall be deemed to limit,
restrict or otherwise determine or affect the amount or amounts which may
be agreed upon to be paid to the Contractor pursuant to this paragraph.
E. FAILURE TO AGREE: In the event of the failure of the Contractor
and the Owner to agree as provided in C7-7 .16(D) upon the whole amount
to be paid to the Contractor by reason of the termination of the work
pursuant to this section, the Owner shall determine , on the basis of
information available to it, the amount, if any, due to the Contractor by
reason of the termination and shall pay to the Contractor the amounts
determined. No amount shall be due for lost or anticipated profits .
F. DEDUCTIONS: In arriving at the amount due the Contractor under
this section there shall be deducted;
1. all un-liquidated advance or other payments on account
theretofore made to the Contractor, applicable to the
terminated portion of this contract;
C?-7(10)
2. any claim which the Owner may have against the
Contractor in connection with this contract; and
3. the agreed price for , or the proceeds of the 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 this contract, the Contractor may
file with the Engineer a request in writing for an equitable adjustment of
the price or prices specified in the contract relating to the continued
portion of the contract (the portion not terminated by notice of
termination), such equitable adjustment as may be agreed upon shall be
made in such price or prices; noting contained herein, however, shall limit
the right of the owner and the Contractor to agree upon the amount or
amounts to be paid tot he 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 : Noting contained in this section shall
limit or alter the rights which the Owner may have for termination of this
contract under C7-7 .14 hereof entitled "SUSPENSION OR
ABANDONMENT OF THE WORK AND ANNULMENT OF
CONTRACT" or any other right which the 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.
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.
C7-7(11)
C8-8 MEASURMENT AND PAYMENT
PART C -GENERAL CONDITIONS
C8-8 MEASURMENT AND PAYMENT
C8-8.1 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 operation.
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 CS-5.14) for all risk s of
whatever description conn ected with the prosecution of the work, for all expense incurred
by or in consequence of su spension 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 Do cuments .
C8-8-1
Add endu m No. 1
The payment of any current or partial estimate prior to final acceptance of the work by
the Owner shall in no way constitute an acknowledgment of the acceptance of the work ,
materials , or equipment, nor in any way prejudice or affect the obligations of the
Contractor to repair, correct, renew, or replace at his own and proper expense , any defects
or imperfections in the construction or in the strength or 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 RETAINAGE: Between the 181 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 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be
held in abeyance if the performance of the construction operations is not in accordance
with the requirements of the Contract Documents.
C8-8-2
Addendum No. I
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
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
C8-8-3
Addendum No. 1
said Contract Documents, all approved modifications thereof, and additions and
alterations thereto approved in writing by the Owner. The burden of proof of such
compliance shall be upon the Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications thereof, and all
approved additions and alterations thereto.
C8-8 .10 GENERAL 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.
C8-8 .11 SUBSIDIARY WORK: Any and all work specifically governed by
documentary requirements for the project, such as conditions imposed by the Plans , the
General Contract Documents, or 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.
C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be
allocated under various bid items in the Proposal to establish unit prices for
miscellaneous placement of material. These materials shall be used only when directed
by the Engineer, depending on 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.
C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all
specifications , plans , addenda, modifications , shop drawings , and samples at the site, in
good order and annotated to show all changes made during the construction process.
These shall be delivered to the Engineer upon completion of the work.
C8-8-4
Add endum No. I
SUPPLEMENTARY CONDITIONS
FORT WORTH, WATER DEPARTMENT
WATER AND WAS TEW ATER TREATMENT PLANT PROJECTS
1. CONTRACT DOCUMENTS: In Section Cl-1.2 CONTRACT DOCUMENTS ,
delete Paragraph Cl-1.2b SPECIAL CONTRACT DOCUMENTS and add the following:
"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)
SPECIAL INSTRUCTION TO BIDDERS
PART B -PROPOSAL (Bid)
M/WBE BID SPECIFICATIONS
PART C-GENERAL CONDITIONS
PART CS-SUPPLEMENTARY CONDITIONS
PART D -SPECIAL CONDITIONS
PART E-TECHNICAL SPECIFICATIONS
PERMITS /EASEMENTS (Some Permits are Multicolored)
PART F-BONDS AND INSURANCE
PART G-CONTRACT
PART H -PLANS /FIGURES (maybe bound separately)
White
White
White
Golden Rod
Canary Yellow
Green
Green
White
White
White
White
White
2. DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: Delete entire
Paragraph C 1-1.1 7, and replace with the following:
Cl-1.17 DIRECTOR OF TRANSPORATION 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 .
3. DIRECTOR OF ENGINEERING: Add the following paragraph after Cl-1.17 and
before C 1-1.18 :
Cl-1.17 A 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.
4. ENGINEER : Delete entire Paragraph Cl-1.19, and replace with the following :
The Director of the Fort Worth Department of Engineering, 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 .
CS-1
5. PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise last sentence to read as
follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and
Experience Record, all of which must be properly executed and filed with the Director of
the Water Department one week prior to the hour for opening of bids. Information shall
be on forms provided by the Bidder and acceptable to the City.
6. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In
Section C2-2.3, Paragraph 2, add the following to the 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."
7. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C -General
Conditions, Section C2-2 , 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 and other required material , to the
Purchasing Manager or his representative at the official location and stated time set
forth in 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 designated in the
"Notice To Bidders". The envelope shall be addressed to the Purchasing Manager,
City of Fort Worth Purchasing Division, PO 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 the opening of
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 furth er consideration will be given to
the proposal.
CS-2
-
8. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE
COMPLIANCE: Delete entire Paragraph C3-3.2 , and replace with the following:
C3-3 .2 MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with
City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City
contracts . A copy of the Ordinance can be obtained from the Office of the City
Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTOR/SUPPLIER
UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM, and/or the
GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT
VENTURE FORM as appropriate . The Documentation must be received by the
managing department no later than 5 :00 pm, five (5) City business days after the bid
opening date. The bidder shall obtain a receipt from the appropriate employee of the
managing department to whom delivery was made. Such receipt shall be evidence
that the documentation was received by the City. Failure to comply shall render the
bid non-responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate
information regarding actual work performed by a minority business enterprise
(MBE) and/or women business enterprise (WBE) on the contract and payment
thereof. Contractor further agrees to permit any 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 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 facts ( other than a 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 that three
(3) years .
9. C3-3.5 AWARD 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 stated for the duration of the Bid Security
stated in the Notice to Bidders or 90 days , whichever is shorter."
10. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3.7d OTHER BONDS , which
begins with "No sureties", change the entire paragraph to read as follows:
"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 United States Secretary of the Treasury to qualify as a surety on obligations
permitted or required under fed eral law. Satisfactory proof of an y such reinsurance
shall be provided to the City upon request. The City, in its sole discretion , will
CS-3
determine the adequacy of the proof required herein. Each bond shall be properly
executed by both the Contractor and the Bonding Company ."
11.0 INSURANCE. Delete entire Paragraph C3-3.11 INSURANCE, and replace with the
following:
C3-3.l 1 INSURANCE: The Contractor shall not commence work under this
contract until he has obtained all insurance required under the Contract Documents,
and such insurance has been approved by the Owner and certificates of Insurance
shall be delivered to the Owner (City of Fort Worth, Contract Administrator in the
respective department as specified in the bid documents, 1000 Throckmorton Street,
Fort Worth, Texas 76102) prior to commencement of work on the contract project.
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 .
The General Contractor may require all subcontractors to be insured and submit
documentation ensuring that the requirements of C3-3.11 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's
liability shall not be limited to the specified amounts of insurance required herein .
a. COMPENSATION INSURANCE: The Contractor shall maintain,
during the life of this contract, Worker's 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 Worker's Compensation Statute, the Contractor shall provide adequate
employer 's general liability insurance for the protection of such of his
employees not so protected. Worker's compensation insurance covering
employees in the project site shall be indorsed with a waiver of
subrogation providing rights of recovery in favor of the OWNER.
b. COMMERICAL GENERAL LIABILITY INSURANCE: The Contractor
Shall procure and shall maintain during the life of this contract, General
Liability Insurance (Public Liability and Property Damage Insurance) in
the amount not less than $500,000 covering each occurrence/aggregate on
account of bodily injury, including death, and in an amount not less than
$500,000 covering each occurrence/aggregate on account of property
damage with $2,000,000 umbrella policy coverage. 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.
c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a
separate policies or by additional endorsement to one of the above-
CS-4
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 buildings or structures adjacent to excavation ill
excavation are performed adjacent to same).
4. Damage to underground utilities for $500 ,000 .
5. Builder's risk (where above-ground structures are involved).
6. Contractual Liability ( covers all indemnification requirements of
Contract). 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 indorsed 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.
7. 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).
d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain during the life of
this 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 aggregate on account of one accident, and
automobile property damage insurance in an amount not less than
$100 ,000 aggregate.
CS-5
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 the amounts and by carriers satisfactory to
the Owner. (Sample attached.) 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. All insurance requirements made upon the Contractor shall
apply to the sub-contractors , should the Prime Contractor's insurance not
cover the sub-contractor 's work operations.
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.
h. 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
equivalent measure of financial strength and solvency.
1. NOTIFICATION . During the lifetime of this 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.
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.
CITY RESPONSIBILITIES . The City shall not be responsible for direct payment of
insurance premium costs for Contractor 's Insurance.
12 . 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:
CS-6
1. Allowance to the Contractor for overhead and profit for extra work performed by
the Contractor's own forces shall not exceed 15%.
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.
13. 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."
14. LAWS TO BE OBSERVED : Section C6-6.1 , delete "or which 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."
15. BUILDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the
paragraph;
"Contractors are responsible for obtaining all 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. Building, 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."
16. 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".
17. CONTRACTOR 'S RESPONSIBILITY FOR DAMAGE CLAIMS: Delete entire
Paragraph C6-6 .12 , and replace with the following:
"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, its officers , agents , employees subcontractors, licensees or invitees,
whether or not any such injury, damage or death is caused, in whole or in part, by
CS-7
the negligence or alleged negligence of the 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 part, by the negligence or alleged
negligence ofthe Owner, its officers, agents, servants, or employees
In the event the Owner receives a written claim for damages against 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 letter 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."
18. STATE SALES TAX:
A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety.
B. 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 oflabor,
consumable material and other construction costs and costs of material incorporated
into the project construction prior to execution of this contract.
B. 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".
C. The City of Fort Worth will issue appropriate Certificates of Resale to the
Contractor.
D. 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."
CS-8
19 AIR POLLUTION WATCH DAYS: Add the following to Section C7-7:
C7-7.18 AIR POLLUTION WATCH DAYS : The Contractor shall be required to
observe the following guidelines relating to working on City construction sites on
days designated as "AIR POLLUTION WATCH DAYS ". Typically, the OZONE
SEASON , within the Metroplex area, runs from May 1, through OCTOBER 31 , with
6:00 a.m . -10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME
PERIOD HA VE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT
LEADS TO EARLY AFTERNOON OZONE FORMATION ..
The Texas Commission on Environmental Quality (TCEQ), in coordination with the
National Weather Service, will issue the Air Pollution Watch by 3 :00 p.m. on the
afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the
Contractor shall bear the responsibility of being aware that such days have been
designated Air Pollution Watch Days and as such shall not begin work until 10:00
a.m . whenever construction phasing requires the use of motorized equipment for
periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00
a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and
certified by EPA as "Low Emitting", or equipment bums Ultra Low Sulfur Diesel
(ULSD), diesel emulsions , or alternative fuels such as CNG .
If the Contractor is unable to perform continuous work for a period of at least seven
hours between the hours of 7:00 a.m. -6:00 p.m ., on a designated Air Pollution
Watch Day, that day will be considered as a weather day and added onto the allowable
weather days of a given month.
20 C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4 SCOPE OF PAYMENT in its entirety
and replace 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, ( except as provided in paragraph
C5-5.14) 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
discontinuance of such 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 an y defects or imperfections in the construction or in the strength or
CS-9
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 ."
21. PARTIAL PAYMENTS : Change Paragraph C8-8 .5 to read as follows:
"Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day
of the month that work has been is in progress. The estimate shall be processed 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 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 invoice 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 .00 at the execution, retainage shall be ten percent
(10%). For contracts of $400,000.00 or more at the time of execution , retainage shall
be five percent (5%).
Contractor shall pay subcontractors in accord with subcontract agreement, within five
(5) business days after receipt by the Contractor of the payment by the City.
Contractor's failure to make the required payment 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 the same will be subject to correction in the estimate
rendered following the discovery of an error in any previous estimate. Payment of any
partial pay 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 partial estimate if the
Contractor fails to perform the work in strict accordance with the specifications or
other provisions of this Contract."
22. GENERAL GUARANTY. Delete C8-8.10 GENERAL GUARANTY in its entirety
and replace with the following:
CS-10
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 the 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 the other work 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 specification, 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.
23. RIGHT TO AUDIT: Add the following to Section C8-8:
C-8-8.14 RIGHT TO AUDIT :
"(a) The Contractor agrees that the City shall, until the expiration of three (3) years
after final payment under this contract , have access to and the right to examine and
photocopy any directly pertinent books , documents , papers , and records of the
Contractor involving transactions relating to this Contract. Contractor agrees that the
City shall have access during 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 .
(b) Contractor further agrees to include in all its subcontracts hereunder a provision
to the effect that the subcontractor agrees that the City shall , until the expiration of
three (3) years after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers , and records
of such subcontractor, involving transactions to the subcontract, and further, that City
shall have access during 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 together with subsection ( c) hereof. The
City shall give subcontractor reasonable advance notice of intended audits.
(c) Contractor and subcontractor agree to photocopy such documents as may be
requeste~ by the City. The City agrees to reimburse contractor for the cost of the
copies as follows:
1. 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." (5/25 /93)
CS-11
24. SCHEDULE OF COSTS: Add the following to Section C8-8:
C8-8.l 5 SCHEDULE OF 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 schedule 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
CS-12
D-1
D-2
D -3
D-4
D-6
D-8
D-10
D-12
D-13
D-14
D-24
D-25
D-30
D-37
D-39
D-41
D-48
D-55
D-86
D-91
D-101
D-102
D-103
D-104
D-105
D-106
D-107
D-108
D-109
D-110
D-111
D-112
D-113
D-114
PART D -SPECIAL CONDITIONS
TABLE OF CONTENTS
TABLE OF CONTENTS
General D-2
Project Designation D -2
Time of Completion D-2
Project Signs D-3
Wage Rates D-3
Dewatering D-3
Existing Utilities D-3
Test Holes D-4
Substitution D-4
Trench Safety D-4
Valve Blocking D-5
Ductile Iron Pipe and Gray-Iron Fittings D-6
Valve Cut-Ins D-7
Concrete Encasement D-7
Bid Alternatives D-7
Site Preparation D-7
Temporary Pavement Repair D-8
Temporary Soil Erosion Sediment and
Water Pollution Control D-8
Worker 's Compensation Insurance D-9
Shop Drawings D-13
Testing D-14
Subsidiary Work D-15
Addenda D-15
OSHA Standards D-15
Project Superintendents D-15
Resident Engineer D-16
Progress Photographs D-16
Termination D-16
Hazardous and Toxic Materials D-17
Spoil and Fill Material D-17
Age D-17
Disability D-18
Indemnification D-18
Construction Administration D-19
D-1
PART D-SPECIAL CONDITIONS
D-1 GENERAL:
Subject to modifications as herein contained, the Fort Worth Water Department's General
Contract Documents and General Specifications. Effective July 1, 1978 , are made part of
the Contract Documents for this Project. The Plans , Special conditions and Provisions
Documents, and the rules , regulations , requirements , instructions , drawings and details
referred to by manufacturer's name, number or identification included 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. 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. Special Contract Documents
3. General Contract Documents and General Specifications
The following Special Conditions shall be applicable to this project and shall go vern any
conflicts with the General Contract documents under the provisions stated above.
D-2 PROJECT DESIGNATION :
Construction under these Special Documents shall be performed under the Fort Worth
Water Department Project Designations:
Water Project Number P253-604180149280
Sewer Project Number , and/or
Other
D-3 TIME OF COMPLETION:
The Owner desires the Contractor to substantially complete the project within 150
calendar days. Substantial completion shall be defined as all work completed such that
the tank is tested , disinfected, and in service. Thereafter, final completion shall occur
within 180 calendar days . Final completion shall consist of final acceptance of all work
and paperwork required to process the final pay application received by the Owner.
In the event that the Contractor fails to meet the substantial completion or the final
completion date for the project, the Owner shall withhold money permanently form the
Contractor 's total compensation at the rate specified in Item C7 -7 .10 per calendar day as
liquidated damages until substantial completion is met.
D-2
D-4 PROJECT SIGNS:
Project Signs are required at all locations which will be under construction for more than
thirty (30) calendar days as indicated in Part B Propos al. Project Sign s shall be in
accordance with sample drawing included in the Appendix. The signs may be mounted
on skids or on posts . The exact locations and methods of mounting shall be approved by
the engineer. Any and all costs for the required materials , labor, and equipment necessary
for the furnishing of Project Signs shall be considered as a subsidiary cost of the project
and no additional compensation will be allowed.
D-6 WAGE RATES:
The labor classifications and mm1mum 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 that the following rates be
paid. (See Section 01011 of the Technical Specifications) 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-8 DEWATERING:
The Contractor shall be responsible for determining the method of dewatering operation
for the water or sewage flows from the existing mains and ground water. The Contractor
shall be responsible for damage of any nature resulting from the dewatering operations .
The DISCHARGE from any dewatering operation shall be conducted as approved by the
Engineer. Ground water shall not be discharged into sanitary sewers.
Dewatering shall be considered as incidental to a construction and all costs incurred will
be considered to be included in the linear foot bid price of the pipe.
D-10 EXISTING UTILTIES:
The plans show the locations of all known surface and subsurface structures. However,
the Owner assumes no responsibility for failure to show any or all of these structures on
the Plans , or to show them in their exact location . It is mutually agreed that such failure
shall not be considered sufficient basis for claims for additional compensation for extra
work or for increasing the pay quantities in any manner whatsoever.
The Contractor shall be responsible for verifying the locations of and protecting all
existing utilities, service lines , or other property crossed or exposed by his construction
operations. Contractor shall make all necessary provisions for the support, protection,
relocation , and or temporary relocation of all utility poles , gas lines , telephone cables ,
utility services , water mains , sanitary sewer lines , electrical cables , drainage pipes , and all
other utilities and structures both above and below ground during construction. The
Contractor is liable for all damages done to such existing facilities as a result of his
operations and any and all cost incurred for the protection and or temporary relocation of
such facilities shall be included in the cost bid per linear foot of pipe in stalled. NO
ADDITIONAL COMPENSATION WILL BE ALLOWED.
D -3
Where existing utilities or service lines are cut, broken or damaged , the Contractor shall
replace or repair the utilities or service lines with the same type of original material and
construction, or better, unless otherwise shown or noted on the plans , at his own cost and
expense. The Contractor shall immediately notify the Owner of the damaged utility or
service line. He shall cooperate with the owners of all utilities to locate existing
underground facilities and notify the Engineer at once of any conflicts in grades and
alignment.
In case it is necessary to change or move the property of any owner of a public utility,
such property shall not be moved or interfered with until ordered to do so by the
Engineer . The right is reserved to the owner of public utilities to enter upon the limits of
the project for the purpose of making such changes or repairs , of their property that may
be made necessary by performance of this contract.
D-12 TEST HOLES:
The matter of subsurface exploration to ascertain the nature of the soils , including the
amount of rock, if any, through which this pipeline installation is to be made is the
responsibility of any and all prospective bidders , and any bidder on this project shall
submit his bid under the condition. Whether prospective bidders perform this subsurface
exploration jointly or independently, and whether they make such determinations by the
use of test holes or other means , shall be left to the discretion of such prospective bidders.
The cost of the rock removal and other associated appurtenances, if required , shall be
included in the linear foot bid price of the pipe.
D-13 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 proposed substitute is procured by the Contractor. 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 provi sions of
this sub-section as related to "Substitutions" shall be applicable to all sections of these
specifications .
D-4
D-19 TRENCH SAFETY:
1. GENERAL: This specification covers the trench safety requirements for all trench
excavations in order to protect workers from cave-ins. The requirements of this item
govern all trenches for mains, manholes, vaults, service lines , and all other
appurtenances.
2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational
Safety and Health Administration Standards , 29 CFR Part 1926 , Subpart P-
Excavations , are hereby made a part of this specification and shall be the minimum
governing requirements for trench safety.
3 . DEFINITIONS:
A. TRENCHES: A trench is referred to as a narrow excavation made below the
surface of the ground in which the depth is greater than the width, where the width
measured at the bottom is not greater than fifteen (15) feet. If forms or other
structures are installed or constructed in an excavation so as to reduce the
dimension measured from the forms or structure to the side of the excavation to
fifteen (15) feet or less at the bottom of the excavation, the excavation is also
considered to be a trench .
B. BENCHING SYSTEM: Benching means excavating the sides of a trench to
form one or a series of horizontal levels or steps, usually with vertical or near-
vertical surfaces between levels.
C. SLOPING SYSTEM: Sloping means excavating to form sides of a trench that
are inclined away from the excavation.
D . SHIELD SYSTEM: Shields used in trenches are generally referred to as "trench
boxes" or "trench shields." Shield means a structure that is able to withstand the
forces imposed on it by a cave-in and protect workers within the structure. Shields
can be permanent structures or can be designed to be portable and move along as
the work progresses. Shields can be either premanufactured or job-built in
accordance with OSHA standards.
E. SHORING SYSTEM: Shoring means a structure such as a metal hydraulic,
mechanical or timber system that supports the sides of a trench and which is
designed to prevent cave-ins . Shoring systems are generally comprised of
crossbraces, vertical rails (uprights), horizontal rails (wales) and/or sheeting.
4. MEASUREMENT: Trench depth is the vertical measurement from the top of the
existing ground to the bottom of the pipe or structures. The quantity of trench safety
systems shall be based on the linear foot amount of trench depth greater than five (5)
feet.
D-5
5. PAYMENT: Separate payment will be made only when trench excavations exceed
a depth of five (5) feet and shall be full compensation for safety system design, labor,
tools, materials, equipment and incidentals necessary for the installation and removal
of trench safety systems .
D -24 VALVE BLOCKING:
All valves shall have concrete blocking for support. Valves shall have polyethylene
wrapping per Material Specification E 1-13 and Construction Specification E2-13
installed prior to concrete blocking. No separate payment will be made for any of the
work involved for this item and all costs incurred will be considered to be included in the
bid price of the valve.
D-25 DUCTILE IRON PIPE AND GRAY-IRON FITTINGS:
Reference Part E2 Construction Specifications , Section E2-7 Installing Cast Iron Pipe,
Fittings, and Specials, Sub Section E2-7 .11 Cast Iron Fittings: the first Paragraph shall be
revised to read as follows:
"E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray-
iron fittings shall be furnished with cement mortar lining as stated in Section E 1-7.
The price bid per ton of fittings shall be payment in full for all fittings , joint
accessories , polyethylene wrapping, horizontal concrete blocking, vertical tie-down
concrete blocking, and concrete cradle necessary for construction as designed.
All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with
polyethylene wrapping conforming to Material Specification El-13 and Construction
Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical
tie-down concrete blocking, and concrete cradle. Payment for the polyethylene
wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and
concrete cradle shall be included in bid items for valves and fittings and no other
payment will be allowed."
D-26 DETECTABLE WARNING TAPES:
Detectable underground utility warning tapes which can be located from the surface by a
pipe detector shall be installed directly above non-metallic water or sanitary sewer pipe .
The detectable tape shall be "Detect Tape" manufactured by Allen Systems Inc. or
approved equal , and shall consist of a minimum thickness 0.35 mils solid aluminum foil
encased in a protective inert plastic jacket that is impervious to all known alkalis , acids,
chemical reagents and solvents found in the soil. The minimum overall thickness of the
tape shall be 5.5 mils. and the width shall not be less than 2" inches with a minimum unit
weight of 2-1 /2 pounds/1 "/1000'. The tape shall be color coded and imprinted with th e
message as follows:
Type of Utility
Water
Sewer
Color Code
Safety Blue
Safety Green
D-6
Legends
Caution Buried Water Line Below
C aution Buried Sewer Line Below
Installation of detectable tapes shall be per manufacturer's recommendations and shall be
as close to the grade as is practical for optimum protection and detectability. Allow a
minimum of 18" inches between the tape and the pipe. Payment for work such as
backfill , bedding, blocking, detectable tapes and all other associated appurtenances
required shall be included in the subsidiary to the cost of pipe installation.
D-27 CONCRETE CYLINDER PIPE AND FITTINGS:
Concrete cylinder pipe on this project shall be Class 150 AWWA C-303 pretensioned
concrete cylinder pipe or Class 150 A WW A C-301 prestressed concrete cylinder pipe as
specified on the plans and manufactured in accordance with Material Standard El-4
contained in the General Contract Documents. Payment for work such as backfill ,
beddings , blocking, excavation and all other associated appurtenances required ; shall be
included in the Linear Foot price of the pipe and lump sum for the pipe fittings in the
appropriate BID ITEM(S).
D-30 VALVE CUT-INS :
It may be necessary to cut-in gate valves to isolate the water main from which the
extension and/or replacement is to be connected . This may require closing valves in other
lines and putting consumers out of service for that period of time necessary to cut in the
new valve; the work must be expedited to the utmost and all such cut-ins must be
coordinated with the engineer in charge of inspection . All consumers shall be individually
advised prior to the shut out and advised of the approximate length of time they may be
without service .
Payment for work such as backfill , bedding, fittings, blocking and all other associated
appurtenances required , shall be included in the price of the appropriate bid items.
D-37 CONCRETE ENCASEMENT:
Concrete encasement shall be Class E (1500 psi) concrete and for sewer line encasements
shall conform to Fig. 113 ; for water line encasements it shall conform to Fig. 20 of the
General Contract Documents . Requirements for such encasement are specified in
Sections El-20 and E2 -20 of the General Contract Documents. Payment for work such as
forming , placing, and finishing including all labor, tools , equipment and material
necessary to complete the work shall be included in the linear foot price bid for Concrete
Encasement.
D-39 BID ALTERNATIVES :
The Proposal section of this document is arranged to allow the Contractor to base his bid
on either ductile iron pipe or polyvinyl chloride plastic pipe. Contractor shall indicate
type of pipe to be used . However, regardless of the general type pipe specified by the
Contractor at certain locations , a specific type pipe has been specified on the plans. All
cost for this shall be considered as subsidiary and no additional compensation will be
allowed.
D-7
D-41 SITE PREPARATION:
The Contractor shall clear rights-of-way or easements of obstruction which mu st be
removed to make possible proper prosecution of the work as a part of these project
construction operations. The contractor's attention is directed to Paragraph C6-6.10 Work
Within Easements , Page 6-6(4), Part C -General Conditions of the Water Department
General Contract Document and General Specifications .
Clearing and restoration shall be considered as incidental to construction and all costs
incurred will be included in the Linear Foot price of the pipe.
D-48 TEMPORARY PAVEMENT REPAIR:
The Contractor shall provide a temporary pavement repair immediately after trench
backfill and compaction using a minimum of 1-inch cold mix asphalt. This temporary
repair shall be rolled to provide a smooth transition between the existing pavement and
the temporary repair. The unit price bid under the appropriate bid item of the proposal
shall cover all cost for providing temporary pavement repair for all streets cuts prior to
street reconstruction .
D-55 TEMPORARY SOIL EROSION SEDIMENT AND WATER POLLUTION
CONTROL:
1. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water
pollution control measures deemed necessary by the Engineer for the duration of the
contract. These control measures shall at no time be used as a substitute for the
permanent control measures unless otherwise directed by the Engineer and they shall
not include measures taken by the CONTRACTOR to control conditions created by his
construction operations . The temporary measures shall include dikes , dams , berms ,
sediment basins , fiber mats , jute netting, temporary seeding, straw mulch, asphalt
mulch, plastic liners , rubble liners , baled-hay retards , dikes , slope drains and other
devices.
2. CONSTRUCTION REQUIREMENTS : The Engineer has the authority to define
erodible earth and the authority to limit the surface area of erodible-earth material
exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-
earth material exposed by excavation, borrow and to direct the CONTRACTOR to
provide temporary pollution-control measures to prevent contamination of adjacent
streams , other water courses , lakes , ponds or other areas of water impoundment. Such
work may involve the construction of temporary berms, dikes , dams , sediment basins ,
slope drains and use of temporary mulches , mats seeding or other control devices or
methods directed by the Engineer as necessary to control soil erosion. Temporary
pollution-control measures shall be used to prevent or correct erosion that may develop
during construction prior to installation of permanent pollution-control features , but are
not associated with permanent control features on the project.
The Engineer will limit the are a of preparing right of way, clearing and grubbing ,
excavation and borrow to be proportional to the CONTRACTOR'S capability and
D-8
progress in keeping the finish grading, mulching, seeding, and other such permanent
pollution-control measures current in accordance with the accepted schedule. Should
seasonal conditions make such limitations umealistic, temporary soil-erosion-control
measures shall be performed as directed by the Engineer. The amount of surface area of
erodible-earth material exposed at one time shall not exceed 750 ,000 square feet for
each excavation operation, 750,000 square feet for each material source operation (other
than from commercially operated sources), 750 ,000 square feet for each preparing of
right-of-way operation or 750,000 square feet for each clearing and grubbing operation,
unless otherwise shown on the plans or with prior approval by the Engineer in writing.
The CONTRACTOR shall also conform to the following practices and controls . All
labor, tools, equipment and incidentals to complete the work will not be paid for directly
but shall be considered as subsidiary work to the various items included in the contract.
(a). Waste or disposal areas and construction roads shall be located and constructed in
a manner that will minimize the amount of sediment entering streams .
(b ). Frequent fording of live streams will not be permitted; therefore, temporary
bridges or other structures shall be used wherever an appreciable number of stream
crossings are necessary . Unless otherwise approved in writing by the Engineer,
mechanized equipment shall not be operated in live streams .
(c). When work areas or material sources are located in or adjacent to live streams ,
such areas shall be separated from the stream by a dike or other barrier to keep
sediment from entering a flowing stream . Care shall be taken during the construction
and removal of such barriers to minimize the muddying of a stream .
(d). All waterways shall be cleared as soon as practicable of falsework , piling, debris
or other obstructions placed during construction operations that are not a part of the
finished work.
(e). The CONTRACTOR shall take sufficient precautions to prevent pollution of
streams , lakes and reservoirs with fuels , oils , bitumens, calcium chloride or other
harmful materials. He shall conduct and schedule his operations so as to avoid or
minimize siltation of streams , lakes and reservoirs and to avoid interference with
movement of migratory fish.
3. SUB MITT AL: Prior to the start of the applicable construction , the CONTRACTOR
shall submit for approval his schedules for accomplishment of soil-erosion-control work
and his plan to keep the area of erodible-earth material to a minimum. He shall also
submit for acceptance his proposed method of soil-erosion control on construction and
haul roads and material sources and his plan for disposal of waste materials. No work
shall be started until the soil-erosion control schedules and methods of operations have
been reviewed and approved by the Engineer.
D-9
4. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary
to provide temporary erosion control shall be considered subsidiary to the contract
and no extra pay will be given for this work.
D-86 WORKER'S COMPENSATION INSURANCE:
A. Contractor's Worker's Compensation Insurance.
Contractor agrees to provide the Owner (City) a certificate showing that it has obtained a
policy of worker 's compensation insurance covering each of its employees employed on
the project in compliance with state law . No Notice to Proceed will be issued until the
Contractor has complied with this section.
B. Subcontractor's Worker's Compensation Insurance.
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 worker 's compensation insurance covering each employee 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
Owner (City).
C. Worker's Compensation Insurance Coverage.
1. Definitions:
Certificate of coverage ("certificate"): A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81 , TWCC-82 , TWCC-83 , or
TWCC-84), showing statutory worker 's compensation insurance coverage for
person's or entity 's employees providing services on a project, for the duration of
the project.
Duration of the Project -includes the time from he beginning of the work on the
project until the contractor 's/person 's work on the project has been completed and
accepted by the City.
Persons providing services on the project ("subcontractor" in Texas Labor Code
Section 406.096) -includes all persons or entities performing all or part of the
services the contractor has undertaking to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of
whether that person has employees. This included, without limitation, independent
contractors , subcontractors , leasing companies , motor carriers, owner-operators,
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 service 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.
2. The contractor shall provide co v erage , based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements , which meets
D -10
the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the contractor providing services on the project, for the duration of
the project.
3. The Contractor must provide a certificate of coverage to the City prior to
being awarded the contract.
4 . 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 City
showing the coverage has been extended .
5 . The contractor shall obtain from each person providing services on a project, and
provide to the City:
(a) a certificate of coverage, prior to that person beginning work on the
project, so the City will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(b) 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.
6. The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
7. The Contractor shall notify the City 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.
8. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by Texas Worker 's Compensation Commission, informing all
persons providing services on the projects that they are required to be covered and
report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting on the classification codes and
payroll amounts and filling 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;
D -11
(b) 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;
( c) provide the contractor, prior to the end of the coverage period a new
certificate of coverage showing the extension of coverage , if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
( d) obtain from each other person with it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning on the project;
and
(2) 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;
(e) retain all required certificates of coverage on file for duration of project and
for one year thereafter.
(f) notify the City in writing by certified mail or personal delivery, within 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
(g) contractually require each person with whom it contracts, to perform as
required by paragraphs (a) -(g), with the certificates of coverage to be
provided to the person for whom they are providing services.
10 . By signing this contract or providing or causing to be provided a certificate of
coverage , the contractor is representing to the City 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 the 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 Texas Workers' Compensation Commission 's
Division of Self-Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties , civil
penalties or other civil actions.
11 . The Contractor 's failur e to comply with any of these provisions is a breach of
contract by the contractor which entitles the City to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of
breach from the City.
D -12
D. Posting of Required Worker's Compensation Coverage.
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 Workers ' Compensation Act or other
Texas Workers' Compensation Commission rules. This notice must be printed with a title
in at least 30 point bold type and text in at least 10 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 additional words or changes :
REQUIRED WORKERS ' 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 Workers' 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.
D-91 SHOP DRAWINGS:
1. Submit seven (7) copies of shop drawings, layouts, manufacturer's data and material
schedules as may be required by the Engineer for his review. Submittals may be checked
by and stamped with the approval of the Contractor and identified as the Engineer may
require. Such review by the Engineer shall include checking for general conformance
with the design concept of the project and general compliance with information given in
the General Contract Documents. Indicated actions by the Engineer, which may result
from his review , shall not constitute concurrence with any deviation from the plans and
specifications unless such deviations are specifically identified by the method described
below, and further shall not relieve the Contractor of responsibility for errors or
omissions in the submitted data. Processed shop drawing submittals are not change
orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor
understands the design concept, and that he demonstrates his understanding by indicating
which equipment and materials he intends to furnish and install, and by detailing the
fabrication and installation methods he intends to use. If deviations , discrepancies or
conflicts between submittals and the design drawings and/or specifications are
discovered , either prior to or after submittals are processed, the design drawings and
specifications shall govern.
The Contractor shall be responsible for dimensions which are to be confirmed and
correlated at the job site , fabrication processes and techniques of constriction,
coordination of his work with that of other trades and satisfactory performance his work.
The Contractor shall check and verify all measurements and review submittals prior to
D-13
being submitted, and sign or initial a statement included with the submittal, which
signifies compliance with plans and specifications and dimensions suitable for the
application. Any deviation from the specified criteria shall be expressly stated in writing
in the submittal. Three (3) copies of the approved submittals shall be retained by the
Contractor until completion of the project and presented to the City in bound form.
2. Shop drawings shall be submitted for the following items prior to installation:
***See individual specification sections***
Additional shop drawing requirements are described m some of the material
specifications.
3. Address for Submittals -The submittals shall be addressed to the Design Engineer:
D-101 TESTING:
Bahram Niknam, P .E.
Deltatek Engineering
14114 Dallas Parkway
Suite 480
Dallas, Texas 75254
a. The Contractor shall furnish, at his own expense, certifications by a private laboratory
for all materials proposed to be used on the project, including a mix design for any
asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand
and crushed stone to be used along with the name of the pit from which the material
was taken. The Contractor shall provide manufacturer's certifications for all
manufactured items to be used in the project and will bear any expense related
thereto.
b. Tests of the design concrete mix shall be made by the Contractor's laboratory at least
nine days prior to the placing of concrete using the same aggregate,· cement, and
mortar which are to be used later in the concrete. The Contractor shall provide a
certified copy of the test results to the City.
c. Quality control testing of in-place material on this project will be performed by the
City at its own expense. Any retesting required as a result of failure of the material to
meet project specifications will be at the expense of the Contractor and will be billed
at commercial rates as determined by the City. The failure of the City to make any
tests of materials shall in no way relieve the Contractor of his responsibility to furnish
materials and equipment conforming to the requirements of the contract.
d. Not less than 24 hours notice shall be provided to the City by the Contractor for
operations requiring testing. The Contractor shall provide access and trench safety
D -14
system (if required) for the site to be tested, and any work effort involved is deemed
to be included in the unit price for the item being tested.
e. The Contractor shall provide a copy of the trip ticket for each load of fill material
delivered to the job site. The ticket shall specify the name of the pit supplying the fill
material.
D-102 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 pro vided 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.
D-103 ADDENDA:
Bidders wanting further information, interpretation or clarification of the contract
documents must make their 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. No other explanation or
interpretation will be considered official or binding . Should a bidder find discrepancies
in, or omissions from, 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.
D-104 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 the regulations published by the OSHA in the
Federal Register and to perform all 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 harmless the City from any penalties resulting from the
Contractor's failure to so perform.
D-105 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 award of contract. This resident superintendent,
if found to be acceptable , shall not be repl aced without written notice to and consent from
the Owner except under extraordinary circumstances, Qualifications of a proposed
replacement shall be submitted when a request is made for replacement of the
D -15
superintendent and shall be appro ved by the Owner pnor 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 is to 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-106 RESIDENT ENGINEER:
The General Conditions , Section Cl-1.19 ENGINEER, define various persons who may
be designated as the Engineer. For the prosecution of this contract, the Term Engineer
shall mean the Resident Engineer as designated by the Director of the Fort Worth Water
Department together with members of the staff of the Engineer who are assigned to the
Project. Any contacts the contractor may wish to make with any City personnel , including
the Water Production Supervisor, members of the plant operating staff, members of the
City Administration , or Consulting Engineers, shall be arranged through the Engineer.
The Contractor shall not act upon requests or instructions he may receive from any City
personnel or Consulting Engineers nor shall he give instructions or directions to such
persons without the approval or consent of the Engineer.
D-107 PROGRESS PHOTOGRAPHS :
The Contractor shall take photographs of the project site prior to construction , monthly
during construction of the project and after completion of the project. Photographs may
be taken with a quality 35mm or better camera, equipped to photograph either interior or
exterior exposures , with lenses ranging from wide angle to 135mm . Photographs shall be
taken at locations as designated by the Engineer.
Contractor shall video tape all roads and work areas to be affected prior to starting
construction and furnish a copy of the video tape to the Engineer.
Two glossy color 3" x 5" prints and the negative shall be provided for each photograph
taken. Each print shall be marked on the reserve side to indicate project name , date and
time, location, direction of exposure, and description of what is being photographed.
Prints shall be clear and sharp with proper exposure . If prints of adequate quality are not
produced from exposures , additional photographs shall be taken.
D-108 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 deli v ering to the Contractor or his designated representati v e a notice
of termination , specifying to what extent performance of the work under the contract is
D -16
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-109. 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 from personal
injury, including death, property liability, at any time , however caused , due to the
presence or release of, or exposure, whether to the person of property injured or
otherwise, whether to the person of 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-110. SPOIL AND FILL MATERIAL:
Prior to disposing on any spoil /fill material , the contractor shall advise the Director of
Transportation and Public Works , acting as the City of Fort Worth's Flood Plain
Administrator ("Administrator"), of the location of all sites where the contractor intends
to dispose of such material. Contractor shall not dispose of such material until the
proposed sites have been determined by the Administrator to meet the requirements of the
Flood Plain Ordinance of the City of Fort Worth (Ordinance No 10056). All disposal
sites must be approved by the Administrator to ensure that filling is not occurring within
a flood plain without a permit.
A flood plain permit can be issued upon approval of necessary engineering studies. No
fill permit is required if disposal sites are not in a flood plain. Approval of the
contractor's disposal sites shall be evidenced by a letter signed by the Administrator
stating the site is not in a known flood plain of by a Flood Plain Fill Permit authorizing
fill within the flood plain. Any expenses associated with obtaining the fill permit,
including any necessary engineering studies , shall be at the contractor's expense.
In the event the contractor disposes of spoil /fill material at a site without a fill permit or a
letter from the Administrator approving the disposal site , upon notification by the
Director of Transportation and Public Works , the contractor shall remove the spoil/fill
material at its expense and dispose of such materials in accordance with the Ordinances
of the City and this section .
D -17
D-111 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
subcontractor against City arising out of Contractor's and/or its subcontractors' alleged
failure to comply with the above referenced Policy concerning age discrimination in the
performance of this agreement.
D-112 DISABILITY:
In accordance with the provIS1ons of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it 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 provisions 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.
D-113 INDEMNIFICATION:
To clarify Section C6-6.12 of the General Conditions of the Contract, it is the intent of
the Owner that the Contractor indemnify, hold hannless and defend the Owner, and the
Owner's officers , agents, servants, and employees from and against any and all claims as
listed herein, even though causes by the Owner's sole negligence.
With respect to the last sentence of the first paragraph of Section C6-6.12 , it is the
Owner's intent that the language be site specific to the general area where the work to be
performed under the Contract is being performed. It is not the Owner 's intent that the
Contractor be required to indemnify the Owner for damages to property other than that
D -18
-
-
caused to property located in close proximity to this project, unless such damage is
caused wholly or in part by the Contractor's negligence.
D-114 CONSTRUCTION ADMINISTRATION
A. CONTRACTOR MODIFICATION REQUEST (CMR)/PROPOSED CONTRACT
MODIFICATION (PCM):
Any Change in the Contract Documents will be initiated either by the Contractor
issuing a Contractor's Modification request (CMR) or by the Owner issuing a
Proposed Contract Modification (PCM) on forms provided by the Owner. Proposals
will be reviewed by the Owner and if found acceptable, will be incorporated in a
Change Order or a Field Order in accordance with Section C4-4 of the Contract
Documents.
The Contractor's Modification request (CMR) shall fully identify and describe the
deviations and associated costs , time factors and impacts, and state the reason the
change is requested. Any savings in costs related to the substitution/replacement or
change is to be stated in the request for consideration.
Cost of the Engineer's evaluation of any substitution or deviation requested by the
Contractor shall be charged to the Contractor by the Owner.
B .PROJECT INFORMATION REQUEST
When necessary, the Contractor shall request additional information, clarification or
interpretation of the contract documents or when the Contractor believes there is a
conflict between the contract drawings and specification, the Contractor shall identify
the conflict and/or request clarification/additional information using the Project
Information Request (PIR) form provided by the Owner. Sufficient information shall
be attached to permit a written response without further information.
The Owner will log each request and will review the request. If review of the Project
information request (PIR) indicates that a change to the contract documents is
required, the Owner will issue either a Field Order (FO) or Proposed Contract
Modification (PCM).
C. RECORD DRAWINGS
The Contractor shall keep on record at the site a copy of all Contract Specifications,
Plans, Addenda, modifications, record and shop drawings and samples, in good
condition and annotated in erasable red pencil to show all changes made during the
construction process. These shall be delivered to the Engineer upon completion of the
work and before final payment is made.
The Contractor shall retain for record purposes only, all designs and plans prepared
for construction which are prepared and sealed by a State of Texas Registered
Professional Engineer. Said design and plans shall include, but not be limited to ,
paving, buildings, mechanical and electrical systems , and foundation , etc .
D -19
TECHNICAL
SPECIFICATIONS
Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon GS T
& Exterior Repairs to Como 5.0 Million Gallon GST
DIVISION 1 -GENERAL REQUIREMENTS
TABLE OF CONTENTS
01010 Summary ofWork ................................................................................................................................ 01010 - 1 -2
01011 Prevailing Wage Rate ........................................................................................................................... 01011 -1 -1
01070 Abbreviations ....................................................................................................................................... 01070 -1 -5
01150 Measurement and Paynient.. ................................................................................................................. 01150 -1 -1
01300 Submittal s ............................................................................................................................................. 01300 - 1 -6
Sample ........................................................................................................................................... Sample - 1 - 1
01310 Construction Schedule .......................................................................................................................... 01310 - 1 -1
01360 Quality Control. .................................................................................................................................... 01360 -I -2
01370 Schedule ofValues ............................................................................................................................... 01370 - I -2
Sample .......................................................................................................................................... Sample - A -E
01420 In spection Services ............................................................................................................................... 01420 - 1 -1
01700 Contract Close-Out ............................................................................................................................... 01700 - 1 -1
01710 Cleaning and Adjusting ........................................................................................................................ 01710 - 1 - 2
DIVISION 2 -SITE WORK
02100 Site Preparation & Cleaning ................................................................................................................. 02100 -1 - I
DIVISION 3 -CONCRETE ..................................................................................................................................... Not U sed
DIVISION 4 -MASONRY ....................................................................................................................................... Not U sed
DIVISION 5 -METALS
05500 Metal Fabrications ............................................................................................................................... 05500 - 1 - 7
DIVISION 6 -WOOD AND PLASTICS ................................................................................................................. Not U sed
DIVISION 7 -THERMAL AND MOISTURE PROTECTION ............................................................................ Not U sed
DIVISION 8 -DOORS AND WINDOWS ............................................................................................................... Not U sed
DIVISION 9 -FINISHES
09900 Painting ................................................................................................................................................ 09900 -1 - 9
DIVISION 10 -SPECIAL TIES ................................................................................................................................ Not U sed
DIVISION 11 -EQUIPMENT
11550 Fall Prevention Sy stem ......................................................................................................................... 11550 - 1 -2
DIVISION 12 -FURNISHINGS .............................................................................................................................. Not U sed
DIVISION 13 -SPECIAL CONSTRUCTION ........................................................................................................ Not U sed
DIVISION 14 -CONVEYING SYSTEMS .............................................................................................................. N ot U sed
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GS T
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas TOC - 1
Project No . P253-604I80149280
Sep temb er 2 010
Repainting of Interior and Exterior of Randol Mill 5 .0 Million Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
DIVISION 15 -MECHANICAL
TABLE OF CONTENTS
15041 Disinfection ......................................................................................................................................... 15041 -1 -2
DIVISION 16 -ELECTRICAL ................................................................................................................................ Not Used
Performance Bond ................................................................................................................................................................ F
Paynient Bond ...................................................................................................................................................................... F
Maintenance Bond ................................................................................................................................................................ F
Certificate of Insurance ........................................................................................................................................................ F
Contractor Compliance With Worker's Compensation Law ................................................................................................ F
Part G -Contract. ................................................................................................................................................................. G
PLAN SHEETS .................................................................................................................................................... Cover -14
END OF CONTENTS
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas TOC - 2
Project No. P253-604180149280
September 2010
PART I -GENERAL
1.01 SCOPE
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 are stated in the applicable Specification sections
and/or shown on the Drawings. 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, equipment,
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
included in the applicable lump sum price bid for this project. All miscellaneous appurtenances and other
items of work that are incidental to meeting the intent of the plans and these Specifications, are considered
to be included in the applicable lump sum price bid for this project, even though these appurtenances and
items may not be specifically called for in the Specifications or shown on the Drawings.
1.02 DESCRIPTION OF PROJECT
A. The project consists ofrepainting the interior and exterior of the Randol Mill 5.0 MG Ground Storage
Tank. The facility is located at 640 I Bridge Street. Fort Worth, Texas. The project also includes exterior
repainting of the Como 6.0 MG Ground Storage Tank. This facility is located at 5870 Blackmore Avenue,
Fort Worth Texas. The Contractor shall provide all labor, equipment, materials professional services, and
incidentals required to:
I. Repaint the interior and exterior of the 5.0 MG Randol Mill Ground Storage Tank.
2. Remove and replace the existing tank floor . Replace the anti fall rail on the wet area ladder,
remove and replace unsound structural members as directed by the Engineer, replace the upper
sections of the center column, and install new vandal resistant roof vent.
3 . Decommission the existing cathodic protection systems by removing all components and
permanently sealing the existing porthole covers.
4. Modify the overflow/drain line and install a overflow box with an air gap.
5. Seam weld the cornice to shell connection at the COMO GST
6. Touchup paint all areas of the tank interior and exterior affected by welding .
1.03 STANDARD SPECIFICATIONS
All work shall conform to City of Fort Worth General Contract Documents and General Specifications, except as
specified herein.
1.04 WORK SEQUENCE
The Contractor is required to determine his own method of construction and detailed work sequence, within the
general terms and constraints of the contract, and the specific requirements of Section O 1311. The Contractor's
sequence and methods must insure that the overall project is completed within the allotted time , observe all
constraints, safety, and health related guidelines .
1.05 DURATION
A. 200 Calendar days from Notice to Proceed are allotted for substantial completion of this project.
B. A calendar day is defined as any day of the week or month , no days being excepted.
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City of Fort Worth, Texas
01010-1
Project No . P253-604l80149280
September 20 I 0
SECTION -01010 SUMMARY OF WORK
1.06 PROTECTION OF ADJACENT PROPERTY
A. All bidders shall visit the site and note the buildings, structures, waterways , landscaping, streets,
sidewalks , driveways and other facilities near the work areas that may be damaged by construction. The
Contractor shall make adequate provisions to fully protect the surrounding area. The Contractor shall be
held fully responsible for all damage resulting from its operations.
B. The Contractor shall clean daily all trash, waste material, rubbish and debris resulting from his or/her
operations. The Contractor shall place containers at the site for the collection of waste material. The site
shall be cleaned to the satisfaction of the Owner.
1.07 WATER DISTRIBUTION SYSTEM SHUTDOWNS -NOT USED
1.08 IDENTIFICATION OF PROBLEM AREAS
Identification of problem areas shall be a joint effort of the Owner and the Contractor.
1.09 SURVEYING -NOT USED
1.10 BUILDING PERMITS AND INSPECTIONS
All work in this contract is subject to the pennitting and inspection process of the City of Fort Worth. All
construction shall comply with the applicable Building, Plumbing and Electrical Codes. The Contractor must obtain
all required pennits.
1.11 CONTRACTOR'S RESPONSIBILITIES
A. Execute all work as de scri bed on the Drawings and in these Specifications .
B. Arrange for the necessary equipment and materials required for construction and testing.
C. Provide adequate temporary sanitary facilities. The Contractor and his subcontractors will not be allowed
to use any facilities at the job site.
D . Furnish, install, maintain , and remove all temporary service facilities for construction purposes .
E . Provide and maintain fire fighting equipment in working order during the entire construction period.
F. Provide and maintain all required safety and testing equipment during the construction period. The
Contractor shall also establish a safety plan and procedure in the case of an emergency.
G. The project site is to remain locked at all times when the contractor is not entering or exiting. Provide the
Owner with copies of photo ID's for all employees permitted to work on this project.
H. The contractor shall make all arrangements for temporary power required for construction.
1.12 ELECTRICAL EQUIPMENT
All electrical equipment supplied in this contract shall be listed by Underwriter's Laboratory (UL) or Canadian
Standards Association (CSA), provided UL or CSA offers such a listing as determined by UL and CSA.
END OF SECTION
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas
01010 -2
Project No. P253-604l80149280
September 2010
SECTION 01011
WAGE RATE
FOR
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
July 2008
WAGE RATES
All bidders will be required to the attached Prevailing Wage Rates . This applies to the construction of a public work, including
a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in
part from public funds, without regard to whether the work is done under the public supervision or direction. A worker is
employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for
the project.
A worker employed on a public work by or on behalf of the City shall be paid not less than the general prevailing rate of per
diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general
prevailing rate of per diem wages for legal holiday and overtime work.
END OF SECTION
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, T ex as 01011 -I
Project No . P 2 53-604180149280
September 2010
SECTION 01070
ABBREVIATIONS
PART 1 -GENERAL
The following abbreviations supplement the NCTCOG Standard Specifications.
APPURT
B/FV
C&G
CHKV
CIRCUM
CL
CMC
CML
CONC
CPLG
CTE
DET
DIAPH
DISCH
EXOR EXIST
FLEX
FLG
GV
HYD
MOT
APPURTENANCE
BUTTERFLY VAL VE
CURB & GUTTER
CHECK VALVE
CIRCUMFERENCE
CENTERLINE OR CLASS
CEMENT MORTAR COATING
CEMENT MORT AR LINING
CONCRETE
COUPLING
COAL TAR ENAMEL
DETAIL
DIAPHRAGM
DISCHARGE
EXISTING
FLEXIBLE
FLANGE
GATE VALVE
HYDRAULIC
MOTOR
NUTS, BOLTS AND GASKET NB&G
NCTCOG
OPER
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
OPERATOR
PS
RED
REPL
RESTR
SPC
SPECS
STL
SUCT
TYP
V
WI
ARCHITECTURAL ABBREVIATIONS
D
#
&
@
A.B .
A.F .F .
ALUM .
ANG . (D )
ARCH .
B .U.ROOF
BD.
BLDG .
PUMP STATION
REDUCER
REPLACE
RESTRAINT
SPECIAL
SPECIFICATIONS
STEEL
SUCTION
TYPICAL
VALVE
WITH
DIAMETER
NUMBER/POUND
AND
AT
ANCHOR BOLT
ABOVE FINISH FLOOR
ALUMINUM
ANGLE
ARCHITECTURAL
BUILT-UP ROOF
BOARD
BUILDING
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas
01070 -I
Project No . P253-604180149280
September 20 I 0
SECTION -01070
BLK
BM
BOT.
C.G .
C.J.
C .M .U .
C.T .
CEM .
CLG.
COL.
CONC.
COND .
CONST.
CONT.
CONTR.
CORR.
D.S.
DECOR
DIA.
DN.
DR.
DRWGS.
DTL.
E.J.
E .W .
E.W.C.
EA.
EL.
ELEC .
ELEV.
EQ .
EXIST. (EX.)
EXT.
F .D .
F .E .
F .E .C.
F .H.C .
FIN.
FLASH.
FLR.
G .I.
GA.
GALV.
GEN.
GYP .BO.
H .M .
HARDBD.
HORIZ.
HR.
HT.
I.D .
INSUL.
INT .
BLOCKING
BEAM
BOTTOM
CORNER GUARD
CONTROL JOINT
CONCRETE MASONRY UNIT
CERAMIC TILE
CEMENT
CEILING
COLUMN
CONCRETE
CONDITION
CONSTRUCTION
CONTINUOUS
CONTRACTOR
CORRIDOR
DOWNSPOUT
DECORATIVE
DIAMETER
DOWN
DOOR
DRAWINGS
DETAIL
EXP ANS ION JOINT
EACH WAY
ELECTRIC WATER COOLER
EACH
ELEVATION
ELECTRIC (AL)
ELEVATOR
EQUAL
EXISTING
INTERIOR
FLOOR DRAIN
FIRE EXTINGUISHER
FIRE EXTINGUISHER CABINET
FIRE HOSE CABINET
FINISH
FLASHING
FLOOR
GALVANIZED IRON
GAUGE
GALVANIZED
GENERAL
GYPSUM BOARD
HOLLOW MET AL
HARDBOARD
HORIZONTAL
HOUR
HEIGHT
INSIDE DIAMETER
INSULATION
INTERIOR
Repainting of Interior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Tex as
0107 0-2
ABBREVIATIONS
Projec t No. P 2 53-604180I 49280
September 2 010
SECTION 01070
ABB RE VIA TIO NS
PART 1 -GENERAL
The following abbreviations s upplement the NCTCOG Standard Specifications.
APPURT
B/FV
C&G
CHKV
CIRCUM
CL
CMC
CML
CONC
CPLG
CTE
DET
DIAPH
DISCH
EXOR EXIST
FLEX
FLG
GV
HYD
MOT
APPURTENANCE
BUTTERFLY VAL VE
CURB & GUTTER
CHECK VALVE
CIRCUMFERENCE
CENTERLINE OR CLASS
CEMENT MORTAR COATING
CEMENT MORTAR LINING
CONCRETE
COUPLING
COAL TAR ENAMEL
DETAIL
DIAPHRAGM
DISCHARGE
EXISTING
FLEXIBLE
FLANGE
GATE VALVE
HYDRAULIC
MOTOR
NUTS, BOLTS AND GASKET NB&G
NCTCOG
OPER
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
OPERATOR
PS
RED
REPL
RESTR
SPC
SPECS
STL
SUCT
TYP
V
WI
ARCHITECTURAL ABBREVIATIONS
D
#
&
@
A.B.
A.F.F.
ALUM .
ANG . (D)
ARCH .
B.U .ROOF
BD.
BLDG.
PUMP STATION
REDUCER
REPLACE
RESTRAINT
SPECIAL
SPECIFICATIONS
STEEL
SUCTION
TYPICAL
VALVE
WITH
DIAMETER
NUMBER/POUND
AND
AT
ANCHOR BOLT
ABOVE FINISH FLOOR
ALUMINUM
ANGLE
ARCHITECTURAL
BUILT-UP ROOF
BOARD
BUILDING
Repainting of Interior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City ofFort Worth, Texas
01070-1
Proj ect No. P 2 53-604180149280
Septe mber 2010
SECTION -01070
BLK
BM
BOT.
C.G.
C.J.
C.M .U.
C .T.
CEM.
CLG.
COL.
CONC.
COND.
CONST.
CONT.
CONTR.
CORR.
D .S.
DECOR
DIA.
DN.
DR.
DRWGS.
DTL.
E.J .
E.W.
E.W.C .
EA.
EL.
ELEC.
ELEV .
EQ .
EXIST. (EX.)
EXT.
F .D .
F.E.
F .E.C.
F .H .C .
FIN.
FLASH.
FLR.
G.I .
GA.
GALV .
GEN.
GYP.BD.
H.M .
HARDBD.
HORIZ.
HR.
HT.
I.D .
INSUL.
INT.
BLOCKING
BEAM
BOTTOM
CORNER GUARD
CONTROL JOINT
CONCRETE MASONRY UNIT
CERAMIC TILE
CEMENT
CEILING
COLUMN
CONCRETE
CONDITION
CONSTRUCTION
CONTINUOUS
CONTRACTOR
CORRIDOR
DOWNSPOUT
DECORATIVE
DIAMETER
DOWN
DOOR
DRAWINGS
DETAIL
EXP ANS ION JOINT
EACH WAY
ELECTRIC WATER COOLER
EACH
ELEVATION
ELECTRIC (AL)
ELEVATOR
EQUAL
EXISTING
INTERIOR
FLOOR DRAIN
FIRE EXTINGUISHER
FIRE EXTINGUISHER CABINET
FIRE HOSE CABINET
FINISH
FLASHING
FLOOR
GALVANIZED IRON
GAUGE
GALVANIZED
GENERAL
GYPSUM BOARD
HOLLOW MET AL
HARDBOARD
HORIZONTAL
HOUR
HEIGHT
INSIDE DIAMETER
INSULATION
INTERIOR
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas
01070 -2
ABBREVIATIONS
Project No. P253-604l80149280
September 2010
SECTION -01070
J .G .
JT .
JAN.
M.O.
M .R .
MACH .
MAS .
MAX.
MECH.
MEP
MFR.
MIN .
MTL.
N.I.C.
N .T .S.
o.c .
O .D .
O.H.
OPNG .
PL.
PLAS .LAM .
PLUMB
PLYWD.
POL.
PRE-FAB.
PTD.
R .
R.D .
R.O.
RAD.,R .
RECPT
REF:
REFRIG .
REINF .
REQ'D .
RM.
S .S .
SCHED.
SECT .
SIM .
SPEC.
STD.
STL.
STRUCT .
T.
T .C .
T .O .S.
T .W .
THK.
TOIL.
TYP .
U.N.O .
V .C .T .
JAMB GUARD
JOINT
JANITOR
MASONRY OPENING
MOISTURE RESIST ANT
MACHINE
MASONRY
MAXIMUM
MECHANICAL
MECH/ELEC/PLUMB
MANUFACTURER
MINIMUM
METAL
NOT IN CONTRACT
NOTTO SCALE
ON CENTER
OUTSIDE DIAMETER/OVERFLOW DRAIN
OVERHEAD
OPENING
PLATE
PLASTIC LAMINATE
PLUMBING
PLYWOOD
POLISHED
PRE-FABRICATED
PAINTED
RISER
ROOF DRAIN
ROUGH OPENING
RADIUS
RECEPTACLE
REFER TO
REFRIGERATOR
REINFORCING
REQUIRED
ROOM
STAINLESS STEEL
SCHEDULED
SECTION
SIMILAR
SPECIFICATION
STANDARD
STEEL
STRUCTURAL
TREAD
TOP OF CURB
TOP OF STEEL
TOP OF WALL
THICK
TOILET
TYPICAL
UNLESS NOTED OTHERWISE
VINYL COMPOSITE TILE
ABBREVIATIONS
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallo n GS T
Proj ec t No. P 25 3-6 04 l80149280
S e ptember 20 IO
City of Fort Worth, Texas
01070-3
SECTION -01070
V .W.C.
VERT.
VEST.
W.F.
W .P .
W.W.M.
W I
W/0
WD.
VINYL WALL COVERING
VERTICAL
VESTIBULE
WIDE FLANGE
WATERPROOF(ING)
WELDED WIRE MESH
WITH
WITHOUT
WOOD
ABBREVIATIONS
1.02 ORGANIZATIONAL ABBREVIATIONS
Abbreviations of organizations which may be referenced in these Specifications are :
Organizational Abbreviation
ACS
ACI
AGMA
API
AIChE
AISC
AISI
ANSI
APHA
AREI
ASTM
ASCE
ASME
ASHRAE
AWI
AWWA
AWS
DIPRA
CRSI
EPA
FM
HEW
HUD
IEEE
IRI
ISA
ISO
JIC
MSS
NAAMM
NARUC
NBHA
NCTCOG
NEC
NEMA
NFPA
NSF
OSHA
Definition
American Chemical Society
American Concrete Institute
American Gear Manufacturer's Association
American Petroleum Institute
American Institute of Chemical Engineers
American Institute of Steel Construction
American Iron and Steel Institute
American National Standards Institute
American Public Health Association
American Railway Engineering Institute
American Society for the Testing of Materials
American Society of Civil Engineers
American Society of Mechanical Engineers
American Society of Heating, Refrigeration and Air Conditioning
American Woodwork Institute
American Water Works Association
American Welding Society
Ductile Iron Pipe Research Association
Concrete Reinforcing Steel Institute
Environmental Protection Agency
Factory Manual
Department of Health, Education and Welfare
Department of Housing and Urban Development
Institute of Electrical and Electronic Engineers
Institute of Risk Insurance
Instrument Society of America
Insurance Service Office
Joint Industrial Council
Manufacturer's Standardization Society of America
National Association of Architectural Metal Manufacturers
National Association of Railway and Utilities Commissioners
National Builders Hardware Association
North Central Texas Council of Governments
National Electric Code
National Electrical Manufacturers Association
National Fire Protection Association
National Sanitation Foundation
Occupational Safety and Health Act
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
Project No. P253-604180149280
September 2010
City of Fort Worth, Texas
01070 - 4
SECTION -01070
PCI
SDHPT
SMACNA
SSPC
TNRCC
TPI
UL
USGS
USPHS
WEF
WWEMA
WPCF
ABBREVIATIONS
Precast Concrete Institute
Texas State Department of Highways and Public Transportation Commission
Sheet Metal and Air Conditioning National Association
Steel Structures Painting Council
Texas Natural Resource Conservation Commission
Truss Plating Institute
Underwriters Laboratory
United States Geological Survey
United States Public Health Service
Water Environment Federation
Water and Wastewater Equipment Manufacturers Association
Water Pollution Control Federation
1.03 ADDITIONAL ABBREVIATIONS
Abbreviation Definition
HOA Hand-Off-Auto
SCADA Supervisory Control And Data Acquisition
RTU Remote Thermal Unit
BCD Binary Coded Decimal
EEPROM Electrically Erasable Read Only Memory
QUICS Name of a Company
BCH Bose Chaudri Code
BAUD Unit of Data Transmission Speed
MODOM Modulator Demodulator Device
AC Alternating Current
DC Direct Current
mA Milli Amp
Hz Hertz/Cycles
LED Light Emitting Diode
RTD Remote Terminal Data
UPS Uninterrupted Power Supply
SIP Station Instrument Panel
SCP Station Control Panel
KVA Kilo-Volt Amp
V Volts
A Amperes
MCC Motor Control Center
RMS Root Mean Square
NO Normally Open
NC Normally Closed
SPDT Single Pole Double Throw
UV Ultra Violet
1.04 LEGEND
Legends of symbols used are shown on the Drawings, and in general , u se of symbols is confined to the Drawings.
PART 2 -PRODUCTS
PART 3 -EXECUTION
NOT USED
NOT USED
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City of Fort Worth, Texas
01070 -5
Project No. P253-604l80149280
September 2010
PART 1 -GENERAL
1.01 BID
SECTION 01150
MEASUREMENT AND PAYMENT
A. The bid 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 any items other than those listed in the bid .
B. Required items of work and incidentals necessary for the satisfactory completion of the project which are
not specifically listed in the bid, shall be considered as incidental to the specified work required under this
contract. Incidental costs , including Contractor's overhead costs and profit, shall be considered as
included in the lump sum or unit prices bid for the various bid items.
C . Work includes furnishing all parts, labor, professional services, equipment, tools and materials and
performing all operations required to complete the work satisfactorily, in place, as specified and as
indicated on the drawings.
1.02 MEASUREMENT AND PAYMENT
A. Measurement of an item of work will be by the unit indicted in the bid schedule.
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 schedule. Work includes all labor, professional services equipment,
tools , materials and incidental costs to furnish , install , test and place into service all components required
for a complete and operating system.
C . Unless otherwise stated in individual sections of the specifications and/or in the bid schedule, 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 the item of which it is a part.
D. Payment will be made at the contract price per unit indicated in the bid 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 parts, labor, professional services , 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.
PART 2-PRODUCTS -NOT APPLICABLE
PART 3 -EXECUTION -NOT APPLICABLE
END OF SECTION
Repainting of Interior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
CityofFortWorth, Tex as 01150-1
Project No . P253-604180149280
September 2010
PART 1 -GENERAL
1.01 NUMBER OF COPIES REQUIRED
SECTION 01300
SUBMITTALS
A . For all data, which require s review, the Contractor shall submit the required number of copies. The
minimum number of copies required for review and di stribution is:
Owner/Engineer File
Contractor File
Contractor Field Copy
Supplier Copy
Total (minimum)
4
1
1
l
7
Up to one additional copy may be added to the above as required by the Owner's Engineer.
B . For non-review items such as parts lists and operation or maintenance manuals , the number of copies
required for distribution is:
Owner/Engineer 2
Operating Division File 4
Contractor File l
Total Copies 7
1.02 ROUTING OF SUBMITTALS
A . Data to be reviewed and routine correspondence will be routed as follows , according to type of submittal.
1. Shop Drawings , Product Data and Samples.
a . Supplier to Contractor (through representative if applicable) for preliminary check.
b. Contractor to Owner's Engineer.
2. Owner's Engineer to Contractor.
3 . Contractor to supplier.
1.03 ADDRESSES FOR COMMUNICATIONS
A. Owner
City ofFort Worth
Seiavash Mir
Project Manager
1000 Throckmorton St.
Fort Worth, Texas 76102
Phone: (817) 392-8404
Fax: (817) 392-8410
Repainting oflnterior and Exterior of Randol Mill 5.0 Gall on GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Tex as 01300 - 1
Proj ect No . P253-604180149280
September 2010
SECTION -01300
B . Consulting Engineer (Engineer)
Deltatek Engineering
Bahram Niknam, P.E.
14114 Dallas Parkway, Suite 480
Dallas , Texas 75254
Phone: (469) 374-9800
Fax: (469) 374-9801
email: bn@deltatekeng .com
1.04 SUBMITTAL REQUIREMENTS
A. Submit shop drawings, product data and samples required by the contract documents.
SUBMITTALS
B. Number the submittals consecutively within a section . For example, the first submittal in section 09345
would be numbered 09345-1. For re-submittals, use the suffix letters A for second submittal, B for the
third, etc .
C. Designate in the construction schedule or in a separate coordinated schedule, the dates for submission and
the dates that reviewed shop drawings , product data and samp les will be needed.
D . Shop drawings, product data and samples are not considered a part of contract documents.
E. The use of reproductions of the contract plans by any contractor, subcontractor, erector, fabricator or
material supplier in lieu of preparation of shop drawings will be permitted except for Structural drawings.
However, it will signify his acceptance of all information shown on the document as correct and obligates
himself to any job expense, real or implied , arising due to any errors that may occur thereon. In addition,
all references to Deltatek Engineering , City of Fort Worth or a Consultant, including all Engineer's or
architect's seals are to be removed if these contract drawings are to be used as shop drawings.
1.05 DATAREQUIRED
A. Furnish engineering data covering all materials and equipment in this contract. The data should be
prepared and transmitted promptly following execution of the general contract.
B. All data needed to determine the following facts shall be submitted.
1. Conformance to specifications, including: kind , type, size, arrangement, finishes and operation of
component materials and devices.
2 . Conformance to plans, including dimensions, orientation, appearance, external connections and
anchorages and installation clearances.
3. Specific purpose or de sign conditions and adequacy to meet same: weights , dynamic loads ,
supports required and operating characteristics.
4. Coordination with other work, including items needed by this trade but furnished by others and
information needed by others to perform their part.
5 . In all cases, the Contractor shall clearly mark on the front of the submittal the section of the
specifications or item that is being referred to.
C. The manufacturer shall furnish the Owner complete and accurate drawings as required.
D . Furnish all items specifically asked for, within the individual sections, of these specifications.
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City of Fort Worth, Texas 01300 -2
Project No . P253-604180149280
September 2010
SECTION -01300 SUBMITTALS
1.06 SHOP DRAWINGS
A. Preparation by a qualified detailer is required.
B. Where necessary for clarity, identify details by reference to sheet and detail numbers as shown on the
contract drawings .
C. Include on the drawing all information required for submission or submit a transmittal letter containing
required information.
D. Furnish all items specifically asked for, within the individual sections , of these specifications.
1.07 PRODUCT DATA
A. Modify the manufacturer's standard schematic drawings to delete or supplement information as applicable.
B . For manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and
other descriptive data:
1. Clearly mark each copy to identify pertinent materials, products or models.
2 . Show dimensions and clearances required.
3 . Show wiring diagrams and controls.
C. Include on the data all information required for submission or submit a transmittal letter containing
required information.
1.08 SUBMISSION REQUIREMENTS
A. Accompany submittals with a transmittal letter. (Sample transmittal letter at the end of this section)
B. Include the following information for each submittal.
1. Date and revision dates.
2. Project title and City of Fort Worth.
3. The names of:
a. Owner's Engineer
b . Contractor
C.
d.
e.
Subcontractor
Supplier
Manufacturer
Identification of product or material.
Relation to adjacent structure or materials.
Field dimensions clearly identified as such.
Specification section number.
4.
5.
6.
7 .
8.
9 .
Applicable standards such as ASTM number or Federal Specification.
Identification of any and all deviations from contract documents .
10. Contractor's stamp, in green color, initialed or signed, certifying review of submittal, verification
of field measurements and compliance with contract documents .
1.09 OWNER'S DUTIES
A . Review submittals within fourteen calendar days after receipt.
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 01300 - 3
Project No. P253-604l80149280
September 20 I 0
SECTION -01300 SUBMITTALS
B. Affix stamp and initials or signature. The submittal will be marked in the following manner.
1. Approved. This means that the Owner takes no exception to the submittal as it is and that the
Contractor may proceed with its installation within the constraints of the contract.
2. Approved as Noted . This means that the Owner takes no exception to the submittal as it is except
for those items which have been noted . The Contractor may proceed with its installation, as noted
and within the constraints of the contract.
3 . Revise and Re-submit. This means that the Owner takes exception to the submittal as it is and has
noted such. The Contractor must address the Owner's notes and re-submit.
4 . Not Approved. This means that the submittal does not comply with the plans and specifications.
5 . For Record Only. This means the submitted item does not require approval. Example: MSDS
product sheets.
C. Return submittals to the Contractor for distribution.
1.10 RE-SUBMISSION REQUIREMENTS
A. Incomplete or incorrect submittals
1. Submittals lacking proper transmittal cover, with inadequate or illegible copies, hand drawn details
or schedules, will not be reviewed. Contractor may pick these up at the Engineers office or provide
additional data prior to review.
2. Submittals reviewed and marked Revise and Resubmit, or Not Approved will be returned to the
contractor via US Mail.
3. Re-submittals necessitated by reasons 1 or 2 above will require reimbursement by the contractor to
the Engineer at the rate of$200.00 per hour with a minimum of two hours review time charged.
B. Shop Drawings
1. Revise initial drawings as required and re-submit as specified for initial submittal.
2. Indicate on drawings any changes , which have been made , include those requested by the Owner or
Consultant.
1.11 SUBSTITUTIONS
A. When a particular Product Trade Name, Make, or Brand, is specified within these specifications, or
shown/called out on the drawings, it shall be considered, as the minimum quality standards required for
that particular item.
B. All Manufacturers' literature , technical specifications, quality control and testing measures, construction
methods, materials, configuration, industry certifications, ratings and approvals etc., for a product
specified by Product Trade Name, Make or Brand, (i.e. TNEMEC), shall be considered as part these
specification whether actually shown herein or not.
C. In order to achieve competitive and accurate bids, all Bidders shall base their proposals on the actual
items (Product Trade Name, Make or Brand), listed in these specifications. Bidders will not be allowed to
submit substitutions (Prospective approved equals), or base their proposals on sub stitutions when
submitting their bids .
D. After a contract has been awarded by the City, to the low bidder (Contractor), the Contractor shall submit
to the Engineer as per section 01300 , within ten (10) workings days after signing the contract, the
following information for all proposed product or material substitutions.
I. A written explanation on why the proposed substitution is equal to or superior to the product
specified.
2. A copy of the Manufactures' literature, technical specifications and factory samples of both the
specified product and the substitution, with all differences in the two products highlighted .
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 01300 -4
Project No. P253-604180149280
September 2010
SECTION -01300
3.
4.
SUBMITTALS
The actual benefit the City will receive by using the proposed substitution, including any cost
reduction from the original Contract price.
Three (3) job references within fifty (50) miles of the City limits available for inspection, where
the proposed substitutes were used under similar conditions .
E. All substitutions must be approved in writing by the Engineer (approved equal), prior to their use in any
manner on this project. The Contractor shall submit to the Engineer any and all additional information,
samples references, etc. as requested by the Engineer for a proposed substitution.
F. If the proposed substitution(s) are not approved by the Engineer, the Contractor shall proceed with the
work utilizing the original products, materials, etc. specified herein, WHICH THE CONTRACT PRICE
IS BASED UPON. The Engineer's decision on all submittals shall be final , and is not subject to debate,
appeal, arbitration, or the basis for a contractual dispute or claim filed by the Contractor
1.12 SAMPLES
A. Furnish samples of the various materials, together with the finish thereon, as specified for and intended to
be used on or in the work. Send samples to the office of the Owner's Representative, carriage pre-paid.
B. Submit samples before purchasing, fabricating , applying, or installing such materials and finishes .
C. Submit samples, other than field samples in duplicate. A cover letter shall accompany the sample and
shall list all items being transmitted, designating their particular usage and location in the project.
Distribute samples marked "Re-submittal Not Required" as follows: one record sample for the Owner's
Representative; on record sample for the Contractor.
D. Samples shall be submitted and re-submitted until acceptable. Materials, finishes and workmanship in the
completed project shall be equal in every respect to that of the samples so submitted and accepted .
E. Samples shall include materials, fixtures , equipment, surface textures, colors, etc ., as required by drawings
and specifications or as requested by the Owner's Representative.
F. Identify sample as to product, color, manufacturer, trade name , lot, style, model , etc., location of use and
contract document reference as well as the names of the Contractor, supplier, project and Owner's
Representative.
G. Samples shall be 8" x 10" in size and shall be limited in thickness to a minimum consistent with sample
presentation. In lieu thereof, submit the actual full-size item.
H. Samples of value may be returned to the Contractor for use in the project after review, analysis ,
comparison, and/or testing as may be required by the Owner's Representative.
I. Furnish one 8" x 10" sample of the finally reviewed materials, colors or textures to the Owner's
Representative for final record. Such material samples shall carry on the back all identification as
previously described including, if paint sample, manufacturer, mix, proportion, name of color, building,
Contractor, subcontractor and surfaces to which applied.
1.13 CONTRACTOR'S JOB SITE ORA WINGS
A . Keep all required shop drawings , product data and samples for the following work in one place. Suitably
organize and index 8-2 " x 11 ", 11" x 17" and other compatibly sized material in a 3-ring binder. Larger
shop drawings may be kept together rolled or folded. Include an index .
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 01300 -5
Project No. P253-604180149280
September 2010
SECTION -01300 SUBMITTALS
B. Provide and maintain on the job site one complete set of prints of all drawings which form a part of the
contract. Immediately after each portion of the work is in stalled, indicate all deviations from the original
design shown on the drawings either by additional sketches or with red ink thereon . Upon completion of
the job, deliver this record set to the Owner's Representative.
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 01300 -6
Project No . P2 53-604180149280
September 20 IO
SUBMITTAL TRANSMITTAL COVER SHEET
Submittal No.:
Date :
Project Title:
Project No.:
Consulting Engineer:
Name/ Address
Contractor:
Name/Address
Subcontractor:
Name/ Address
Contents of Submittal :
Supplier:
Name/Address
Drawing:
Number/Detail references
Deviations from
Contract Documents:
City of _______ _
DELTATEKEN
The referenced submittal has been reviewed for compliance with the Engineers Plans and
Specifications.
Sample -1
PART 1 -GENERAL
1.01 SCOPE
SECTION 01310
CONSTRUCTION SCHEDULE
The Contractor shall develop and submit to the Owner a construction schedule, which displays the sequence and
duration of each of the activities necessary to complete the contract.
1.02 FORMAT
The schedule shall be prepared and updated on Microsoft Project 2002 or newer format scheduling software.
1.03 RELATED WORK INCLUDED
SECTION -01300 : Submittals
PART 2 -PRODUCTS NOT USED
PART 3 -EXECUTION
3.01 PREPARATION AND SUBMISSION
A. Within ten calendar days following the notice to proceed, the Contractor shall submit to the Owner the
draft construction schedule including its computer diskettes , per Section 01300.
1. This schedule shall include all of the work required by the plans and specifications.
2. No individual schedule item may last more than five working days. If a construction activity will
last more than five working days, this activity shall be divided into two or more tasks.
B. The draft construction schedule will be reviewed by the Owner per Section 01300 .
1. If the draft schedule is not acceptable to the Owner, the Contractor shall submit as many further
draft schedule s per 3.0lA as requ ired to receive Owner acceptance.
2. If the draft schedule is acceptable to the Owner, the Contractor shall send ten copies to the
Owner for its use .
C. Schedule shall include system shutdowns as proposed by Contractor. System shut downs shall be
coordinated with the Distribution Division to minimize customer disruption.
3.02 SCHEDULE UPDATES
A schedule update shall be included with each payment request. Each update shall be per 3.0lA.
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas O 1310 -1
Project No . P253-604180149280
September 2010
PART 1 -GENERAL
1.01 SCOPE
SECTION 01360
QUALITY CONTROL
The contractor is responsible for quality control throughout the construction project.
1.02 RECORDS
Throughout construction, daily records shall be maintained of all aspects of the work and all te sts performed . All
tests performed shall be numbered. One copy of these shall be maintained at the job site and submitted to the
Engineer at the closeout of the project.
1.03 SCHEDULE
A specific plan and checklist shall be made between the Contractor and the Engineer for observation and inspection
to assure that all facility requirements have been met.
1.04 RECORD AVAILABILITY
All records of the work and all tests performed shall be available at the job site for the Engineer's use at any time .
1.05 QUALIFICATION BIDDERS
Contractor shall have a minimum of five (5) years experience on similar projects. Provide regional references
constructed in a satisfactory manner for a minimum of three (3) different projects of equal or greater magnitude
completed in the last five (5) years . Include name and address of project, size of project in value (painting) and
contact person. Brokered labor shall not be acceptable. Applicators must be employees and on the payroll of the
awarded Contractor. All operations shall be under the control of the Contractor, or the Contractor's General
Superintendent. The General Superintendent shall be experienced in all aspects of the project. Contractor shall
have a good record of paying bills to suppliers and subcontractors on time without delays.
1.06 PROPERTY DAMAGE
In an event that contractor damages any property by sandblasting, paint overspray, sand or dust on cars, houses ,
buildings , boats, yards , roofs , walls , windows , and other property, contractor shall act promptly to quickly respond
by cleaning these properties no later than seven (7) calendar days. In case that contractor did not respond within
seven (7) calendar days, the claimants will be instructed to obtain damage estimates and submit to the Engineer.
Upon receipt of these estimates, Engineer will deduct the amount of estimate from contractor's contract price.
Contractor shall be responsible to satisfy claimants.
1.07 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 award of contract. This resident
superintendent, if found to be acceptable, shall not be replaced without written notice to and consent from the Owner
except under extraordinary circumstances, Qualifications of a proposed replacement shall be submitted when a request
is made for replacement of the superintendent and shall be approved by the Owner prior to withdrawing the
superintendent.
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 01360 - 1
Project No. P253-604 l 80149280
September 2010
SECTION -01360 QUALITY CONTROL
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 is to 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.
PART 2 -PRODUCTS -NOT USED
PART 3 -EXECUTION -NOT USED
END OF SECTION
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City of Fort Worth, Texas 01360 -2
Project No . P253-604180149280
September 2010
PART 1 -GENERAL
1.01 SCOPE
SECTION 01370
SCHEDULE OF VALVES
Contractor shall develop and submit to the Engineer for approval a schedule of values for the project.
1.02 RELATED SECTIONS
SECTION -1300 : Submittals
PART 2 -PRODUCTS
2.01 Use format Payment Application (see attached sample form following this Section) for Schedule of Values and
Payment Applications. Other forms containing all applicable information will be acceptable.
PART 3 -EXECUTION
3.01 SUBMITTALS
A . Within ten calendar days following the Notice-to-Proceed, the Contractor shall submit to the Engineer, in
accordance with Section 01300 , a tentative schedule of values -a breakdown of lump sum bids -which in
tum shall be used to determine partial payment estimates and may be used to verify cost credits, change
orders, etc.
B . The tentative schedule of values will be reviewed by the Engineer to determine whether, in its judgment,
the schedule of values is of sufficient detail and if the prices included are unbalanced or front-end loaded
in an effort to inflate the prices of those items to be completed in the early stages of the work.
C. The Engineer will provide the Contractor with its comments and may request additional information from
the Contractor to justify certain quantities and prices . On the basis of the Engineer's comments, the
Contractor shall revise and re-submit the tentative schedule for further review or approval.
D. Once the tentative schedule is approved by the Engineer; it will become the schedule of values to be used
in determining partial payment estimates. Six copies of this schedule shall be submitted to the Engineer
for distribution and use .
E. No partial payment request, including the first , shall be approved until the schedule of values has been
accepted by the Engineer.
F. The final schedule of values must be submitted for acceptance at least ten (10) working days prior to the
contractual cut-off date for the first payment application.
3.02 FURTHER SUBMITT ALS
Each partial payment requested by the Contractor shall include the accepted schedule of values, modified to
indicate the total quantity and price of the work completed to the date of the request. After acceptance of the
submittal, no modifications will be made to the schedule of values, except as required by approved change orders .
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 01370 -1
Project No. P2 53-604l80149280
September 20 IO
SECTION -01370 SCHEDULE OF VALUES
3.03 SUBMITTALDATA
A. Insofar as possible, total quantities and unit prices shall be shown for all items of work, separating for each
item the materials and labor and other such sub-items as the Contractor may desire. Lump sum,
miscellaneous, and other such general entries in the schedule shall be avoided whenever possible.
B. Such items as bond premiums, insurance , temporary facilities and temporary storage may be listed
separately in the schedule of values, provided that the cost can be substantiated.
C. Overhead and profit shall not be listed as separate items.
D . The sum of the items listed on the schedule of values shall equal the contract lump sum price .
E. If the schedule of values in the opinion of the Engineer is unbalanced or front end loaded, it will be
rejected by the Engineer and revised and re-submitted by the Contractor.
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City ofFort Worth, Texas 01370 -2
Project No . P253-604180149280
September 2010
Periodical Estimate No . (Schedule of Va lu es)
Owner:
Engineer: DEL TATEK ENGINEERING
Contractor:
Project Name :
Proje ct Numberi
Item Ref.
No . No . DESCR IPTION OF ITEM
1
2
3
4
5
6
I
TOTAL BASE
For Period From : Attachment "A"
To:
Address :
Address: 14114 Dallas Park way, Suite 480 , Dalla s, TX . 75254
Address:
Quantity Unit
Original of
Estimate Measure
Total
Contract
Unit Price
Total
Contract
Amount
0.00
Quantity Value of Previous Value of Total Total % of
Complete Work Completed Quantity Previous Quantity Value of Work
This Est. This Estimate Completed Work Complete Complete Work Complete Completed
0 0 .00 0 .00%
0
0
0
0
0
0
Periodical Esti mate No . (Schedule of Values)
Owner:
Engineer: DEL TATEK ENGINEERING
Contractor:
Project Name :
Proj ect Numben
Item Ref.
No . No. DESCRIPT ION OF ITEM
TOTAL with Alternates and Change Order
For Period From : Attachment "A"
To :
Address:
Address : 14114 Dallas Parkway, Suite 480 , Dallas , TX. 75254
Add ress :
Quantity Un it
Original of
Estimate Measure
Total
Contract
Unit Price
Total
Contract
Amount
0.00
Quantity Value of Previous Value of Total Total % of
Complete Work Completed Quantity Previous Quantity Value of Work
This Est. This Estimate Completed Work Complete Complete Work Complete Completed
0.00 0.00 0.00 0.00 0.00 0 .00 0.00
PROJECT:
OWNER: CITY OF
CONTRACTOR:
ENGINEER : DEL TATEK ENGINEERING
PAYMENT PERIOD FROM:
ITEM DESCRIPTION OF ITEM
NO .
TOTAL FOR PAGE/PROJECT
ATTACHMENT "B"
PAYMENT REQUEST
TABULATION OF VALUES FOR APPROVED CHANGE ORDERS
TO :
QUANTITY UNIT OF UNIT TOTAL QUANTITY
ORIGINAL MEASURE PRICE CONTRACT THIS
ESTIMATE AMOUNT ESTIMATE
0.00
PROJECT NUMBER
Schedule of Values
ESTIMATE NO . SOV
QUANTITY VALUE %OF
TO OF WORK WORK
DATE COMPLETED COMP .
0 .00
Page~~-of~~-
PROJECT:
OWNER: City of
CONTRACTOR:
ENGINEER: DELTATEK ENGINEERING
PAYMENT PERIOD FROM :
ITEM NAME OF SUPPLIER
NO .
TOT AL FOR PAGE/PROJECT
ATTACHMENT "C"
PAYMENT REQUEST
TABULATION OF VALUES FOR MATERIALS ON HAND
TO :
INVOICE ATTACHMENT ORIGINAL
NO . "A"OR"B" INVOICE
ITEM NO . AMOUNT
Schedule of Values
ESTIMATE NO . SOV
AMOUNT BALANCE OF
INSTALLED MATERIALS
TO DATE ON HAND
0.00
0.00 0 .00 0 .00
Page ___ of __ _
PROJECT:
ATTACHMENT "D"
PROJECT SUMMARY
PROJECT NUMBER
OWNER: City of _ _.__ _____________ _
CONTRACTOR: ----------------ENGINEER: DEL TATEK ENGINEERING
PAYMENT PERIOD FROM : TO :
CONTRACT TIME SUMMARY
Date of Notice to Proceed
Original Date of Contract Substantial Completion
Original Date of Contract Final Completion
Approved Time Extensions
Current Date of Contract Substantial Completion
Current Date of Contract Final Completion
Days Charges to Project to Date
Days Remaining in Contract
Percent of Current Project Duration
Current Scheduled Completion Date
Project is (On) Schedule
CONTRACT COST SUMMARY
Original Contract Amount
Approved Change Orders
Current Contract Amount
Contract Earnings to date on
Original Contract
Earnings on Approved Change Orders
Materials on Hand
Total Current Project Amount Earned
Percentage of Contract Earned to Date
Retainage
Amount Paid to Date
Percent of Contract Paid to Date
Schedule of Values
ESTIMATE NO . SOV
0 Days ---------
_________ Days
0 Days ---------
%
_________ Days
$ __________ _
$ 0 .00 -----------$ -----------
$ __________ _
$ -----------$ __________ _
$ 0 .00 -----------
$ -----------
$ -----------
ATTACHMENT "E"
Period covered by this payment request:
Beginning _________ _ Ending __________ _
Prepared and Submitted :
By :
Printed Name
Date:
Payment Request Recommended :
By :
Deltatek Engineering Printed Name
Date: ---------
Payment Request Recommended :
By:
City of Fort Worth Printed Name
Date:
Payment Request Approved :
By:
Printed Name
Date : ---------
PART 1 -GENERAL
1.01 SCOPE
SECTION 01420
INSPECTION SERVICES
This section summarizes the duties , responsibilities, and limitations of the authority of the Inspector in connection
with his observation and inspectlon of the work.
1.02 AUTHORITY
On this project, Deltatek Engineering assumes the function of the inspector during renovation.
1.03 DEFINITIONS
A. INSPECTOR: A representative of the owner who will be assigned authority to observe and inspect the
work.
B . Working Day: Per Fort Worth General Contract Documents and General Specifications for the Water
Operations.
1.04 LIMITS ON WORKING HOURS
Contractor may not work on a Saturday, Sunday, or official city holiday; more than eight hours in a calendar day; or
forty five hours in a calendar week without the specific written consent of the owner. All requests for extra working
hours must be made to the Engineer in writing.
1.05 UNINSPECTED WORK
Any work performed without benefit of an inspection may require removal and replacement if so directed by the
owner. This removal and replacement will be completed by the Contractor at no additional cost to the Owner or the
Owner's Representative.
PART 2-PRODUCTS (NOT USED)
PART 3 -EXECUTION
3.01 AUTHORITY OF THE INSPECTORS
The Owner's inspection personnel shall observe the work in progress and promptly notify the Contractor of any
deficiencies. Inspectors are not authorized to accept work not in conformance with the plans and specifications, nor
are they authorized to change the requirements of the contract documents.
3.02 RESPONSIBILITIES OF THE CONTRACTOR
A. The Contractor shall provide safe access to the work in order to observe its progress and quality. The
Contractor shall also assist the inspector in obtaining samples and performing tests as necessary.
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 01420 -1
Project No. P253-604180149280
September 2010
PART 1 -GENERAL
1.01 FINAL INSPECTION
SECTION 01700
CONTRACT CLOSE-OUT
A. When the Contractor considers the work complete, he shall submit written certification that all contract
documents have been reviewed and all work has been completed and is in compliance with contract
documents . He shall also certify that all facilities are operational and all work is completed and ready for
final inspections.
B . The Owner will make an inspection to verify the status of completion. Should the Owner consider the
work incomplete or defective, he will promptly notify the Contractor in writing , listing the incomplete or
defective work. The Contractor shall take immediate steps to remedy the stated deficiencies, and send a
second written certification to Owner that the work is complete .
C. If the Owner finds the work acceptable under the contract documents; he shall request the Contractor to
provide all required closeout submittals.
1.02 CLOSE-OUT SUBMITT ALS
A. The following closeout submittal data shall be provided by the Contractor:
1. Project Record Documents
2. Evidence of Payment and Release of Liens. Submit the following in such form as approved by
Owner.
a. Contractor's affidavit of payment of debts and claims .
b . Contractor's affidavit of release of liens .
c. Consent of surety to make final payment.
d. Releases or waivers ofliens from all subcontractors and others with lien rights against
property of Owner.
3 . Redline markups of the contract drawings showing any and all deviations from original plans to
be used to produce as-built drawings.
1.03 FINAL PAYMENT REQUEST
A. The Contractor shall submit a payment request to the Engineer. The statement shall reflect all adjustments
to the contract and shall include , but not be limited to , the following :
1. Original contract sum
2 . Additions and deductions resulting from:
a. Change orders
b . Retainer withheld to date
c . Deductions for uncorrected work
d . Deductions for liquidated damages
3 . Total contract sum, as adjusted
4. Previous payments
5. Sum remaining due
B. The Contractor shall submit the final application for payment in accordance with procedures and
requirements stated in the contract documents.
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 01700 -1
Project No. P253-604180149280
September 2010
SECTION 01710
CLEANING AND ADJUSTING
PART 1 -GENERAL
1.01 RESPONSIBILITIES
A. The Contractor is responsible for cleaning and adjusting the work. If the Contractor fails to clean and
adjust the work, the City may do so and charge the resulting costs to the Contractor.
B. This section covers the minimum general cleaning requirements for the entire project. When required,
additional detailed cleaning and adjusting requirements for specific trades or work are specified in the
Specification Sections pertaining to that trade or work.
1.02 REQUIREMENTS OR REGULATORY AGENCIES
A . Fire protection -Store volatile materials in covered metal containers and remove from premises daily.
B. Pollution Control -Conduct cleaning and disposal operations in compliance with local ordinances and
antipollution laws .
I . Burning and burying of rubbish and material on project site is not permitted
2. Disposal of volatile fluid wastes and other chemical wastes in storm or sanitary sewer systems or
into lakes, streams or waterways is not permitted.
C. Safety Standards -Maintain the project in accordance with insurance and safety standards.
PART 2 -PRODUCTS NOT USED
PART 3 -EXECUTION
3.01 DURING CONSTRUCTION
A. Oversee cleaning and ensure that the premises are maintained free from accumulations of waste materials
and rubbish . Do not allow waste material s. Rubbish and debris to accumulate and become unsightly or
create a hazard .
B . At reasonable intervals, but at least once per week, during the progress of the work, collect and dispose of
waste material , rubbish and debris. Handle waste in a controlled manner; do not drop or throw materials
from heights with out having first installed the proper drop chute system.
3.02 FINAL CLEANING AND ADJUSTING
A. At the completion of work and immediately prior to final inspection, cleaning of the entire project shall be
accompli shed according to the following provisions:
I . Thoroughly clean all work provided under Contract. Leave the site in a complete and finished
2 .
3.
condition to the satisfaction of the Owner or the Owner's representative.
Remove all temporary structures and all debris including but not limited to trash, rubbish excess
material , scrap metal, empty containers, waste material etc.
Restore all areas on the site to a condition equal to or better than their original condition. This
includes but is not limited to the following :
a. Restore all grade lines to their original or new contours u sing se lect fill where fill work
b .
is required.
Replant all grass that has been destroyed as a result of the Contractor's operations. New
grass shall be block sod installed over the entire area disturbed . The so d s hall be freshly
cut and acceptable to the Owner prior to placement.
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST Project No . P253-604I80l49280
September 20 I 0 & Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 01710-I
SECTION -01710
4.
CLEANING AND ADJUSTING
c. The sodded area shall be at least a minimum of 85% growth to l" in height complete
before the Owner will accept it.
d. Replant all trees and shrubs that are destroyed as a result of the Contractor's operations.
Replacement trees shall be the same species as the original trees destroyed. Trunk
calipers shall be 611 minimum . Shrubs shall be the same species as the original shrubs
and supplied in 5-gallon pots minimum.
e. Washing , scrubbing, dusting and general cleaning of existing facilities to restore them
to a condition equal to or better than their original condition.
If the Contractor does not remove all the rubbish, debris , restore all plants, or does not clean the
site as specified above, the City reserves the right to have the cleaning and plant restoration done
at the expense of the Contractor.
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
Project No . P253-604180149280
September 2010
City of Fort Worth, Texas 01710 -2
SECTION 02100
SITE PREPARATION & CLEANING
PART I -GENERAL
1.01 SCOPE OF WORK
A. The general provisions of the Contract, including General and Supplementary Conditions and General
Requirements (if any), apply to the work specified in this section.
B. Site clearing work includes, but is not limited to, the following: protection of existing trees, removal of trees
and other vegetation as shown on plans or as directed by the Owner, clearing and grubbing, removing above-
grade improvements.
1.02 RELATED WORK SPECIFIED ELSEWHERE NOT USED
1.03 JOB CONDITIONS
A. Protection of existing trees and vegetation
1. Protect existing trees and other vegetation indicated to remain in place, against unnecessary cutting,
breaking or skinning of roots, skinning and bruising of bark, smothering of trees by stockpi ling
construction materials or excavated materials within drip line , excess foot or vehicular traffic, or
parking of vehicles within drip line. Provide temporary guards to protect trees and vegetation to be
left standing .
2. Water trees and other vegetation to remain within the limits of the contract work as required to
maintain their health during the course of construction operations.
3. Provide protection for roots over 1-1/2" diameter cut during construction operations. Coat the cut
faces with emulsified asphalt, or other acceptable coating, formulated for use on damaged plant
ti ssues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with
earth as soon as possible.
4. Repair or replace trees and vegetation damaged by construction operations, in a manner acceptable to
the Owner. Repair tree damage by a qualified tree surgeon .
PART 2-PRODUCTS NOT USED
PART 3 -EXECUTION
3.01 SITE CLEARING
A. Remove only limbs necessary for construction activities and/or as directed by the Owner.
B. Carefully and cleanly cut roots and branches that obstruct new construction.
3.02 DISPOSAL OF WASTE MATERIALS
A . Remove waste materials, unsuitable and excess topsoil from job site and make proper and legal off site
disposal. This shall include any waste materials containing hazardous wastes such as chromium and other
waste materials identified as hazardous.
B. Perform and pay for any tests required by the disposal site to verify or confirm the presence or lack thereof of
hazardous materials .
END OF SECTION
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 02100 - 1
Project No. P253-604180149280
September 2010
PART 1 -GENERAL
1.01 SCOPE OF WORK
SECTION 05500
METAL FABRICATIONS
A. The Contractor shall provide all labor, equipment, materials professional services , and incidentals required to
Fabricate, Furnish, and Erect all structural and mi scellaneous metal work, complete including, but not limited
to:
1. Install new 36 " vandal resistant vent. Acceptable manufacturer ACK Industries , U .S Underwater, or
approved equal.
2. Install new stainless anti-fall device on existing 16" interior ladder.
3. Install new floor plate.
4. Modify existing center column roof support structure.
5. Replace rafters as required and directed by the Engineer.
6. Replace the inlet/outlet anti-vortex structure.
7 . Modify the piping inside of the vault as shown .
8. Modify all column footings as required by floor plate replacement.
9 . Remove a working door sheet for construction purposes . Reinstall the door sheet and have the welds
radiographically tested.
B. The Contractor shall include all supplementary parts and members necessary to complete all Ladders,
Handrails , Framed Openings, Hatches, and Pit Repairs regardless of whether all such parts are definitely
shown or specified. This includes but is not limited to: all nuts, bolts, washers, gussets , plates, angles, metal
shapes, fasteners etc., as may be required for the proper assembly of all items . All work shall be carefully
assembled, fabricated and erected true to the lines, elevations and designs shown on the shop drawing that
must be submitted by the Contractor.
1.02 RELATED SECTIONS
A. SECTION -09900 -Painting
1.03 REFERENCES
A. ASTM A27 -Mild-to-Medium Strength Carbon Steel Castings.
B. ASTM A36 -Structural Steel
C. ASTM A47 -Malleable Iron Castings
D. ASTM A48 -Gray Iron Castings
E. ASTM A53 -Pipe, Steel , Black and Hot-Dipped , Zinc-Coated Welded and Seamless .
F. ASTM AI23 -Zinc (Hot-Galvanized) Coatings in Products Fabricated From Rolled, Pressed, and Forged
Steel Shapes , Plates, Bars and Strip.
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 05500 -1
Project No. P253-604180149280
September 2010
SECTION 05500 METAL FABRICATIONS
G. ASTM Al67 -Stainless and Heat Resisting chromium-Nickel Steel Plate, Sheet, Strip.
H. ASTM A307 -Carbon Steel Externally and Internally Threaded Standard Fasteners.
I. ASTM A325 -High Strength Bolts for Structural Steel Joints , Including Suitable Nuts and Plan Hardened
Washers.
J. ASTM A354 -Quenched and Tempered Alloy Steel Bolts, Studs and Threaded Fasteners.
K. ASTM A446 -Steel Sheet, Zinc-Coated (Galvanized) by Hot-Dip Process, General Requirements .
L. ASTM A525 -Steel Sheet, Zinc-Coated (Galvanized) General Requirements .
M. ASTM A500 -Cold Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes.
N. ASTM A570 -Hot-Rolled Carbon Steel Sheet and Strip, Structural Quality.
0. ASTM A61 I-Steel , Cold-Rolled Sheet, Carbon, Structural
P. AWS -Standard Welding Symbols -A2.4.
Q. AWS -Structural Welding Code, Dl.1-75
R. FS FF-S-325 -Shield Expansion; Nail Expansion and Nail Drive Screw.
S. Industrial Fasteners Institute -Handbook on Bolt, Nut and Rivet Standards.
T. NAAMM -Metal Stair Manual 1982 Edition.
U. SSPC Painting Manual, Volume 2, Systems and Specifications.
V. SSPC SPl-63 -Solvent Cleaning.
W. SSPC SP2-63 -Hand Tool Cleaning.
X. SSPC SP6-5 -White Metal Blast Cleaning .
1.04 DESIGN
The Contractor shall have all Metal Fabrications Designed , Sealed and Signed by a Professional Engineer currently
licensed in the state of Texas according to the Texas State Board of Professional Engineers. This includes but is not
limited to: Floor Plate, Structural Steel Members, Piping Modifications, Anti Vortex Plate and all of their
supplementary parts.
1.05 SUB MITT ALS
A. The following items shall be submitted by the Contractor as per Section 01300 of these specifications and
approved by the Engineer prior to the fabrication and/or installation of any items .
1. Product data: Submit Manufactures' product data sheets for all miscellaneous metal fabrications,
prefabricated, proprietary products, including but not limited to primers, paint products, vents,
hatches, grates, fasteners , Welding electrodes, and grout.
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 05500 -2
Project No. P253-604l80149280
September 2010
SECTION 05500
2 .
METAL FABRICATIONS
Shop Drawings\Construction Documents : Submit complete detailed erection/ construction drawings
for each metal fabrication . This includes but is not limited to drawings for: all Ladders, Platforms,
Handrails Gratings, Safety Cages, Walkways, Framed Openings, Hatches, Vents , and all of their
supplementary parts . The drawings shall include but not be limited to the following:
a . Plans, Elevations, Sections, material types, quantities, locations and details of each
fabricated item.
b. All connections, fasteners and anchorage requirements for each fabricated item.
c. Designate shop and field welds in accordance with A WS standard symbols.
d. Furnish setting diagrams, erection plans, templates and directions for installation ofbolts,
plates, anchors and other items.
e. All drawings shall have the seal and signature of a Registered Professional Engineer,
currently registered in the state of Texas according to the Texas State Board of
Professional Engineers.
3. Welder Certificates: Submit certificate signed by the Contractor for each welder and/or tacker
certifying that the welder and/or tacker has been certified within the past year according to A WS
Dl.1-75 .
B. The Configuration Drawings supplied with these specifications are intended to show the general
configurations of the existing tank structure, its' components and the new fabricated items to be designed and
installed by the Contractor. Existing heights, lengths, widths, pipe sizes, bolt sizes, plate sizes, and metal
thickness that may be actually shown, or otherwise indicated by scale or notes, are approximations only.
1.06 QUALITY ASSURANCE
A. The Contractor, Fabricator and Erector must each have a minimum of 5 continuous years experience
fabricating and erecting respectively, work of similar nature, size, and complexity.
B. Qualifications for Welding Work: Qualify welding processes and welding operators in accordance with A WS
Structural Welding Code -Steel.
1. Provide certification that welders to be employed in work have satisfactorily passed A WS
qualification tests.
2 . Ifrecertification of welders is required, retesting will be Contractors responsibility.
3 . Assign each approved welder a unique number in order to identify individual welds .
C. Source Quality Control: Materials and fabrication procedures are subject to inspection and tests in the mill,
shop and field by the Owner or Owner's Representative. Such inspections and tests will not relieve the
Contractor of responsibility for providing materials and fabrication procedures in compliance with specified
requirements . The Contractor shall promptly remove and replace materials or fabricated components, which
do not comply.
D. Question about Shop Drawings Documents: The Contractor shall promptly notify the Designer and Engineer
whenever design of members and connections for any portion of the structure are not clearly indicated or
when other questions exist about the Shop Drawings . Such questions shall be resolved and incorporated into
the shop drawings prior to the fabrication and installation of any work that is directly or indirectly related to
the item(s) in question.
E. The Contractor shall be responsible for all errors of design, detailing, fabrication and for the correct fitting of
the all fabricated members and components.
1. All fabricated material and connections shall fit within standard architectural constraints.
2 . Structural steel members for which shop drawings have not been reviewed and approved shall not be
fabricated.
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 05500 -3
Project No . P253-604l80149280
September 2010
SECTION 05500
3.
MET ALF ABRICATIONS
The omission from the shop drawings of any materials items or incidentals required by design, and
for the correct fabrication and installation of an item, shall not relieve the Contractor of the
responsibility of furnishing and installing such materials, even though the shop drawings may have
been reviewed and approved.
F. Test Reports: Submit copies ofreports oftests conducted on all material and on shop and field bolted and
welded connections. Include data on type(s) oftests conducted and test results .
1.07 COD ES
A. All work shall comply with provisions of the following as they apply, except as otherwise indicated:
1. All Federal, State and Local Jaws which govern safety requirements for steel erection and other
requirements if more stringent than the codes and standards enumerated below. This includes but is
not limited to all applicable portions of OSHA.
2 . AISC Code of Standard Practice for Steel Buildings and Bridges, adopted September 1, 1986,
except delete the following sentence from Section 4.2 .1 of the Code: This approval constitutes the
Owner's acceptance of all responsibility for the design adequacy of any connections designed by the
fabricator as a part of his preparation of these shop drawings.
3 . AISC Specification for the Design, Fabrication and Erection of Structural Steel for Buildings, June
1, 1989 including commentary and supplements thereto as issued.
4 . AISC Specification for Structural Joints using ASTM A 325 or A 490 Bolts approved by the
Research Council on Riveted and Bolted Structural Joints of the Engineering Foundation (Research
Council on Structural Connections), November 13, 1985.
5. AWS Dl.1 Structural Welding Code -Steel
6 . Steel Structures Painting Manual, Volumes 1 and 2, Steel Structures Painting Council.
7. City of Fort Worth Building Code, 2003 Edition.
PART 2 -PROD UCTS
2.01 MATERIALS
A.
B.
C.
D .
E.
F.
G.
H.
I.
J.
STRUCTURAL STEEL:
CAST STEEL:
BOLTS:
FILLER MET AL:
CAST IRON:
MALLEABLE IRON:
STEEL PIPE:
STEEL TUBING:
GALVANIZING :
WELDING ELECTRODES :
ASTMA36.
ASTM A27 , Grade 65-35 .
ASTM A307 , A325 , A354.
A WS Standards .
ASTM A48, Class 30 , minimum 30 ,000 PSI tensile .
ASTM A47, Grade 35018 .
ASTM A53, Grade B , schedule 40 unless otherwise specified.
ASTM A500, Grade B .
ASTM A123 and Al 53 .
Structural Welding Code AWS Dl.l-75 Table 4.1.l
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
Project No. P253-604180149280
September 2010
City of Fort Worth, Texas 05500 - 4
SECTION 05500 MET ALF ABRICATIONS
K. STAINLESS STEEL
L.
M.
1.
2.
Plates:
Bolts :
ALUMINUM
l . Sheet and Plate:
2. Rolled Section:
3. Rod and Bar:
EXTRUSIONS:
ASTM Al67, Type or 316
IFI-104
ASTM B209 , Alloy 6061-T6
ASTM B308, Alloy 6061-T6
ASTM B211 , Alloy 6061-T6 or 2017-T4
ASTM B221, Alloy 6063-T5 or T6
N. GALVANIZED SHEET STEEL: ASTM A446, Grade A, coating designation G90, ASTM A525, gauge
as required for design .
0. SHEET STEEL: ASTM A611 , Grade C.
P. ANCHORAGE DEVICES, MASONRY: Expansion shie lds F.S. FF-S-325.
1. Standard manufactured items .
2. Lead expansion shields for machine screws and bolts 3 in. (6 mm) and smaller: Head out embedded
nut type, single unit class, Group I, Type 1, Class 1.
3. For machine screws and bolts larger than 3 in.: Group I, Type 1, Class 2.
4. Bolt anchor expansion shields for lag bolts : Zinc alloy, long shield anchors class , Group II, Type 1,
Class 1.
5. Bolt anchor expansion shields for bolts : Closed end bottom bearing type, Group II , Type 2, Class 1.
6. Use expansion bolts only into fully grouted masonry cells or concrete floor/slabs.
Q. FASTENERS
R.
S.
1. Zinc coated where built into exterior walls and where item being fastened is galvanized.
2. Select fasteners for type , grade and class required.
3. Bolts and Nuts: Regular hexagon head ASTM A307 , Grade-A.
4. Lag Bolts: Square type, F.S.FF-B-561.
5. Machine Screws: Cadmium plated steel, F .S.FF-S-92 .
6. Wood Screws: Flat head carbon steel, F.S.FF-S-111.
7. Plain Washers: Round, carbon steel, F.S.FF-W-92.
8. Lock Washers: Helical spring carbon steel, F.S.FF-W-84.
SHOP PRIMER:
GALVANIZING
10-99 Modified Alkyd by TNEMEC Co., Inc. or a pre-approved equivalent.
ZRC Compound by ZRC Chemical Products Co., Carbo REPAIR PAINT:
Zinc No . 11 by Carboline or Galv-weld Alloy by Galv-
weld Products.
T. DISSIMILAR MET AL PROTECTION COATING : TNEMEC-Tar 413 by TNEMEC Co ., Inc.
2.02 FABRICATION
A. Fabricate work true to shape , size and tolerances, with straight lines, square comers or smooth bends;
uniformly spaced and in true alignment; free from twists, kinks, warps, dents or other imperfections. Match
exposed work to provide continuity of line and design.
B. Grind and dress edges and ends of metal smooth, with no sharp edges and with comers slightly rounded.
C. Drill or punch holes with smooth edges for temporary field connections and attachment of other work.
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST Project No. P253-604180149280
& Exterior Repairs to Como 5.0 Million Gallon GST September 2010
City of Fort Worth, Texas 05500 - 5
SECTION 05500 MET ALF AB RICA TIO NS
D. Make permanent shop and field connections with continuous fillet type welds unless noted otherwise.
Perform welding in accordance with A WS D 1.1 and reviewed Shop Drawings . Neatly miter faces of comer
connections and fully weld. Remove weld spatter, flux, slag and oxides from surfaces .
E. Grind exposed welds smooth and round sharp comers.
F. Fabricate, Assemble weld etc . all items in shop in as large assemblies as practicable.
G. Verify completeness of all fabricated items by comparing each item to the Shop Drawings .
H. Supply all items required to complete construction and installation in accordance with requirements of
Contract Documents.
I. Anchorage accessories: Required to secure wood to metal , wood to masonry, metals to masonry or concrete,
metal to metal or metal to other items. Provide sleeves, inserts and spacers required in conjunction with items
of metal fabrication .
2.03 SHOP PRIMING
A. Hot-dip galvanized items as scheduled in accordance with ASTM A123 and A153 .
B. Apply shop primer to ferrous metal not indicated to be galvanized.
1. Apply 2 shop coats to metals that will be inaccessible after erection.
2 . Do not prime stainless steel, aluminum, copper, brass or bronze unless specifically indicated.
C. Remove scale, rust and deleterious materials before priming.
1. Clean off rust and loose mill scale:
a . Steel, protected: SSPC SP-2, SP-3 .
b. Steel, exposed to weather: SSPC SP-5 .
2 . Remove contaminants in accord with SSPC SP-1.
D . Immediately after surface preparation, prime in accord with manufacturer's instructions.
1. Provide uniform dry film thickness of2.5 mils.
2. Use methods , which will result in full coverage of exposed surfaces.
E. Provide dissimilar metal protection coating:
I . When dissimilar metals come in contact.
2 . When metal or aluminum is anchored to or in contact with concrete or masonry.
F. Retouch, scraped, abraded, weld bums and unprimed areas .
I . Use primer specified for shop coats .
2. Priming does not count as a coat for finish painting.
3. Use galvanized repair paint at galvanized items.
PART 3-EXECUTION
3.01 EXAMINATION
A . Verify suitability of substrate to accept installation.
B . Installation constitutes the Contractor's acceptance of responsibility for performance.
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth , Texas 05500 -6
Project No. P253-604180149280
September 2010
SECTION 05500 METAL FABRICATIONS
C . Field measure related work and openings to provide for proper fit.
3.02 INSTALLATION
A . Install items in accordance with reviewed Shop Drawings and manufacturer's instructions.
B . Install plumb and level , anchored rigid and secure and in true alignment with related and adjoining work.
Shim and grout as necessary.
C. Field weld members in accordance with A WS DI . I Grind sight exposed welds smooth.
D . Where practical, conceal fastenings .
E. Secure metal to wood with lag screws of adequate size with appropriate washers.
F. Secure metal to concrete with embedded anchors, setting compounds, caulking and sleeves, or setting grout.
l . Use expansion bolts, toggle bolts or screws for light duty service.
2. Caulk voids with epoxy sealant.
G . Do not field splice fabricated items unless size requires splicing. Fully weld splices and grind smooth.
H. Provide fabricated items complete with attachment devices as required to properly install items .
I. Upon completion, re-examine work and correct to insure that installation is firm , tight, anchored, in true
alignment with neat fits, without distortions , unsightly fastenings, raw edges or protrusions.
J . Brush clean touch-up and repaint or re-prime damaged or welded surfaces. Use galvanized repair paint at
galvanized items.
K. Re-weld all damaged seam weld restoring them to their original contours . Grind smooth and apply primer and
weld seam sealer as specified in Section 09900.
L. After Blasting operations have been completed carefully inspect the interior of the tank make repairs to pits in
metal depending on their size and configurations as shown in details at the end of this section.
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 05500 - 7
Project No . P253-604 I80I49280
September 2010
SECTION 09900
PAINTING
PART 1 -GENERAL
1.01 SCOPE
A. INTERIOR
I. The Contractor shall prepare interior surfaces and components of the GST and paint all interior
surfaces of the GST except where noted otherwise. Dehumidification shall be utilized on the interior
of the GST during surface preparation and painting. This includes but is not limited to:
a. Tank interior
b. Tank rafters, brackets, & gussets
c. Overflow weir, brackets, piping
d . Floor plate, columns, etc .
e. All miscellaneous items attached to the tank, such as ladders, hatches, vents, handrails, and
their supports, unless noted otherwise in tank interior
f. Inlet piping
g. Anti vortex plate
h . Affected areas on the interior of the COMO GST damaged by welding
2 . All stainless steel safety climbs devices, stainless steel ladders, and insect screen shall not be
painted, and they shall be protected from over spray spills, and splatters at all time during paint
application .
3. Any items that should not to be painted by the Contractor, that are painted by the Contractor, or
become stained by over spray, spills or splatters, shall be cleaned by the Contractor to the
satisfaction of the Engineer, or replaced at the Contractors expense. This includes items that are not
part of the tank and any items on adjacent and surrounding properties.
B. EXTERIOR
I. The Contractor shall prepare exterior surfaces and components of the GST and paint all exterior
surfaces of the GST except where noted otherwise. Surface preparation shall be by mechanical
means designed to remove spent blast media by vacuum assist during the blasting process. This
includes but is not limited to:
a . Tank exterior
b. Inlet and outlet piping
c. Overflow piping, flap valve, and drain valve
d. Vent, collar, flange, and rain hat
e. Handrails, hatch, and manways
f. All miscellaneous items attached to the tank, such as ladders, hatches, vents , handrails, and
their supports, unless noted otherwise in tank exterior
g. Tank exterior and faux pilasters on the COMO GST that are affected by welding.
2. All stainless steel safety climbs devices, stainless steel ladders, and insect screen shall not be
painted, and they shall be protected from over spray spills, and splatters at all time during paint
application.
3. Any items that should not to be painted by the Contractor, that are painted by the Contractor, or
become stained by over spray, spills or splatters, shall be cleaned by the Contractor to the
satisfaction of the Engineer, or replaced at the Contractors expense . This includes items that are not
part of the tank and any items on adjacent and surrounding properties
1.02 RELATED WORK -NOT USED
1.03 REFERENCES
A. Without limiting the general aspects of other requirements of these specifications, all surface preparation,
coating and painting of interior and exterior surfaces shall conform to the applicable requirements of the Steel
Structures Painting Council and the manufacturer's printed instructions.
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 09900 - 1
Project No. P253-604l80149280
September 20 IO
SECTION 09900 PAINTING
B. The Engineer's decision shall be final as the interpretation and / or conflict between any of the referenced
specifications and standards contained herein.
1.04 QUALITY ASSURANCE
A. The Contractor shall have a minimum of five years practical experience and successful history in the
application of paint products of this nature to surfaces of steel water tanks or simi lar structures of the same
size and magnitude. Upon request, the Contractor shall substantiate this requirement by furnishing a list of
references and job completions.
B. Surface Preparation: Surface preparation will be based upon comparison with: "Pictorial Surface Preparation
Standards for Painting Steel Surfaces: SSPC-VIS 1-89 and ASTM Designation D2200, "Standard Methods
of Evaluating Degree of Rusting on Painted Steel Surfaces" SSPC-VIS 2 and ASTM Designation D6 l O;
"Visual Standard for Surfaces ofNew Steel Airblast Cleaned with Sand Abrasive".
C. All work shall be performed by ski lled craftsmen qualified to perform the required work in a manner
comparable with the best standards of practice. Continuity of personnel shall be maintained and transfers of
key personnel shall be coordinated with the Engineer or the Engineer's Representative.
D. The Contractor shall provide a Supervisor/Superintendent at the work site at all times when work is in
progress. The Supervisor shall have the authority to sign change orders, coordinate work and make decisions
pertaining to the fulfillment of the contract.
E. Personnel mixing coating components shall be instructed by the Contractor or the Contractor's Superintendent
on the correct proportions, type of components and techniques.
F . All surface preparation, coating, and painting shall conform to applicable standards of the Steel Structures
Painting Council, and/or the manufacturer's printed instructions. Material applied prior to approval of the
surface by the Engineer or the Engineer's Representative, shall be removed at the Engineer's discretion, and
reapplied to the satisfaction of the Engineer or the Engineer's Representative at the expense of the Contractor.
G. No coating shall be applied: When the surrounding air temperature or the temperature of the surface to be
coated or painted is below the minimum surface temperature for the products specified herein; or in rain,
snow, fog or mist; when the temperature is less than 5° F above the dew point; when the air temperature is
expected to drop below 35° F within six hours after application of coating. Dew point shall be measured by
use of an instrument such as a Sling Psychrometer in conjunction with U.S. Department of Commerce
Weather Bureau Psychometric Tables. If the above conditions are prevalent or if it is the judgment of the
Engineer or the Engineer's Representative that any of the aforementioned conditions will occur during the
application of any coating or paint, painting and/or coating operations shall be delayed or postponed until
conditions are favorable. The day's coating or painting shall be completed in time to permit the film sufficient
drying time prior to damage by atmospheric conditions.
H. All coatings and paints shall be stored in enclosed structures to protect them from weather and excessive heat
or cold. Flammable coatings or paint must be stored to conform to City, County, State and Federal safety
codes for flammable coatings or paint materials. At all times coatings and paints shall be protected from
freezing.
I. Thickness and Holiday Checking: Thickness of coatings and paint shall be checked with a non-destructive,
magnetic-type thickness gauge. 1]se an instrument such as a Tooke Gauge if a destructive tester is deemed
necessary. The integrity of coated surfaces shall be checked with an approved inspection device. Non-
destructive holiday shall not exceed 67 2 volts nor shall destructive holiday detectors exceed the voltage
recommended by the manufacturer of the coating system. For thickness between 10 and 20 mils (250 microns
and 500 microns) a non-sudsing type wetting agent, such as Kodak Photo-Flow, shall be marked, repaired in
accordance with the manufacturer's printed recommendations and re-tests. No pinholes or other irregularities
will be permitted in the final coating.
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 09900 -2
Project No. P253-604180149280
September 2010
SECTION 09900 PAINTING
J. Inspection Devices: The Contractor shall furnish, until final acceptance of coating and painting, inspection
devices in good working condition for detection of holidays and measurement of dry film thickness of coating
and paint. The Contractor shall also furnish U .S. Department of Commerce, National Bureau of Standards
certified thickness calibration plates to test accuracy of dry film thickness gauges and certified instrumentation
to test accuracy of holiday detectors. Dry film thickness gauges and holiday detectors shall be made available
for the Eng ineer's use or the Engineer's Representative's use at all times until final acceptance of application.
K. Warranty Inspection: The Contractor shall guarantee all work against any and all defects due to normal use and
wear for a period of two years after final acceptance. A Warranty Inspection shall be conducted during the
twenty-third month following completion of all coating and painting work. All defective work shall be repaired
in accordance with this specification and to the satisfaction of the Owner or the Owner's representative.
1.05 REFERENCES
The Contractor shall have a library file containing pertinent specifications, manufacturer's technical bulletins, procedural
manuals , and Material Safety Data Sheets (MSDS).
1.06 SUBMITTALS
A. The following materials shall be submitted and approved by the Engineer, as per Section 01300 before
application may begin:
l . Primers
2. Coatings
3 . Sealers
4 . Thinners, Solvents, & Cleaners
5. Material Safety Data Sheets (MSDS) for all paint components and thinners
6. Manufacturer's current color chart
1.07 DELIVERY, STORAGE, & HANDLING
All materials shall be brought to job site in original sealed containers . They shall not be u sed until the Engineer, or the
Engineer's Representative has inspected contents and obtained data from information on containers or labels . Materials
exceeding storage life recommended by the manufacturer shall be rejected.
1.08 SAFETY, HEALTH AND REGULATORY REQUIREMENTS
A. General: In accordance with requirements set forth by federal, state and local regulatory agencies and codes
applicable to the construction industry and manufacturer's printed instructions and appropriate technical
bulletins and manuals, the Contractor shall provide and require use of personal protective lifesaving equipment
for persons working on or about the project site .
1.09 PROTECTION OF SURROUNDING AREAS AND EQUIPMENT
A. The Contractor shall take all necessary precautions, provide and utilize all necessary equipment, to protect all
adjacent and surrounding property from over spray, splashes, dust, blasting abrasives and spill s. This shall
include but not be limited to: protective coverings, drop cloths, canvases, masking , enclosures or other suitable
methods .
B. Due to the proximity of other business and/or residences, it is anticipated that all paint and primers on the
exterior portions of the tank will have to be applied by means of rollers or brushes, with the u se of protective
shrouds/canvases that completely encapsulates the entire tank to prevent the travel of brush and roller over
splash.
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 09900-3
Project No . P253-604180149280
September 2010
SECTION 09900 PAINTING
C. If the Contractor wishes to use spraying devices on the outside of the tank, the Contractor must submit a plan to
the Engineer that totally prevents over spray particles from traveling to surrounding properties. No spraying
devices may be used on the exterior of the tank until the Contractor receives written approval of the
aforementioned over spray prevention plan, in writing from the Engineer.
D. If the Contractor's plan for the elimination of over spray travel is approved by the Engineer, the Engineer may
revoke approval of the plan at any time at his or her discretion , and require the Contractor to apply the
remainder of exterior paint products with brushes and/or rollers. This shall apply even if the approved plan,
while in action is judged to be adequately effective by the Engineer, but perceived to be ineffective by
surrounding outside sources, such as but not limited to: residents, business owners, property owners, or
employees. The Engineer's decision on this matter shall be final and not subject to appeal, or the basis of a
claim against the Owner, Engineer or their respective Representatives.
E. The Engineer, Owner, and\or their respective Representatives assume no responsibility for the effectiveness or
ineffectiveness of the Contractors over spray plan, work in general, or restitutions that may result from damage
caused by over spray or the misapplication or use of any paint products by the Contractor or anyone working in
his behalf.
F. Approval of an over spray plan by the Engineer shall not relieve the Contractor of his liability and responsibly
for the complete cleaning, repair, replacement or other restitutions as a result of over spray or other
misapplication or use of paint by the Contractor, or any persons working for his behalf directly or indirectly.
G. Antennas, communication gear, electrical wires, conduits, electrical boxes, etc. that are attached to the tank for
support, but are not an integral part of the tank or tank access structures, shall be protected at all times from
blasting, paint over spray, splashes, spills and physical damage.
PART 2 -MATERIALS
2.01 ACCEPT ABLE MANUFACTURERS
A. Sherwin-Williams, Carboline, TNEMEC, ICI Devoe.
B. When a particular Product Trade Name, Make, or Brand, is specified , it shall be considered as the minimum
quality standards required for that particular item.
C. All Manufacturers' literature, technical specifications, quality control and testing measures, construction
methods, materials, configuration, industry certifications, ratings and approvals etc., for a product specified by
Product Trade Name, Make or Brand, (i.e. Sherwin-Williams), shall be considered as part these specification
whether actually shown herein or not.
D. In order to achieve competitive and accurate bids, all Bidders shall base their proposals on the actual items
(Product Trade Name, Make or Brand), listed in these specifications. Bidders will not be allowed to submit
substitutions (Prospective approved equals), or base their proposals on substitutions when submitting their bids.
E. After a contract has been awarded by the City, to the low bidder (Contractor), the Contractor shall submit to the
Engineer as per section 01300, within ten (10) workings days after signing the contract, the following
information for all proposed product or material substitutions.
I. A written explanation on why the proposed substitution is equal to or superior to the product specified.
2. A copy of the Manufactures' literature, technical specifications and factory samples of both the
specified product and the substitution, with all differences in the two products highlighted .
3. The actual benefit the City will receive by using the proposed substitution, including any cost
reduction from the original Contract price.
4 . Three (3) job references within fifty (50) miles of the City limits available for inspection, where the
proposed substitutes were used under similar conditions.
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City ofFort Worth, Texas 09900-4
Project No. P253-604l80149280
September 20 IO
SECTION 09900 P AlNTING
F. All substitutions must be approved in writing by the Engineer ( approved equal), prior to their use in any manner
on this project. The Contractor shall submit to the Engineer any and all additional information, samples,
references, etc. as requested by the Engineer for a proposed substitution .
G. If the proposed substitution(s) are not approved by the Engineer, the Contractor shall proceed with the work
utilizing the original products, materials , etc. specified herein , WHICH THE CONTRACT PRICE IS
BASED UPON. The Engineer's decision on all submittals shall be final, and is not subject to debate, appeal ,
arbitration, or the basis for a contractual dispute or claim filed by the Contractor.
H . Interior Tank Coating System:
1. Surface Preparation:
a. Prepare all interior tank surfaces per SSPC-SP IO Near White Metal Blast Cleaning . Anchor
profile of 1.5-2 .5, mils as per ASTMD 4417, Method C or NACE StandardRP0287 . U s e of
"dehumidification" equipment is required for interior preparation and coating.
2 . Coating System
Stripe Coat:
I st Coat:
2nd Coat
COROTHANE I Galv Pac Zinc applied by brush into all weld seams in addition to
weld seams all edges, comers, bolts, rivets shall receive a stripe coat.
COROTHANE I Galv Pac Zinc applied at 2.5 to 3.5 dry mils . Thin only with
approve thinner.
Dura Plate 235 NSF Epoxy Beige applied at 4.0 to 6.0 dry mils. Thin only with
approve thinner.
Dura Plate 235 NSF Epoxy White applied at 4.0 to 6 .0 dry mils. Thin only with
approve thinner.
3. Total dry film thickness shall be a minimum of 10.5 mils per SSPC-PA 2 dry film inspection
standards, with exception as noted in this specification.
I. Exterior Tank Coating System: (Polyamide Epoxy / Acrylic Polyurethane)
1. Surface Preparation:
a. Bowl exterior roof and shell shall be prepared by mechanical abrasion methods using
mechanical equipment with the capability to prepare the surface and remove all blast media
by vacuum. Shell walls shall be SSPC SP6 Commercial Blast with 2 .5 mils surface profile.
2. Coating System:
Stripe Coat:
I st Coat
DURA PLATE 23 5 NSF Epoxy Buff applied by brush and scrubbed into all weld
seams . In addition to weld seams, all edges , comers, bolts , and rivets shall receive a
stripe coat applied at 3.0-5.0 dry mil s .
DURA PLATE 235 NSF Epoxy Buff at 4.0-5 .0 dry mils . Thin only with approve
thinner.
2nd Coat:Hi Solids Polyurethane, (Color to be selected by Owner) applied at 4.0 to 5 .0 dry mils. Thin
only with approved thinner.
3rd Coat Diamond Clad Clear Coat, applied at 1.0 to 2 .0 dry mils. Thin only with approved thinner.
3. Total dry film thickness shall be a minimum of9.0 mils per SSPC-PA 2 dry film inspection standards,
with exception as noted in this specification.
2.02 GENERAL REQUIREMENTS
Repainting of Interior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City ofFort Worth, Texas 09900-5
Project No. P253-604l80149280
September 2010
SECTION 09900 PAINTING
A. All materials shall be lead-free as defined by the Consumer Product Safety Act, Part 1303.
B. All zinc dust pigment contained in any zinc-rich material shall meet the requirements of ASTM D 520 Type II
as regards to zinc content and purity.
C. All material s for the interior of the tank shall meet the requirements of ANSI/NSF Standard 61 for potable water
contact.
2.03 MATERIAL PREPARATION
A . Mix and thin materials according to manufacturer's latest printed instructions.
B. Do not use materials that have exceeded the manufacturer's recommended shelf life.
C. Do not use mixed materials that have exceeded the manufacturer's pot life .
PART 3-EXECUTION
3.01 GENERAL
A. All surface preparation, coating and painting shall conform to applicable standards of the Steel Structures
Painting Council and the manufacturer's printed instructions . Material applied to the surface prior to the
approval of the Engineer, or the Engineer's Representative shall be removed at the discretion of the Engineer or
the Engineer's Representative, and re-applied to the satisfaction of the Engineer or the Engineer's
Representative, at the expense of the Contractor.
B. All work shall be performed by skilled craftsmen qualified to perform the required work in a manner
comparable with the best standards of practice. Continuity of personnel shall be coordinated with the Engineer,
or the Engineer's Representative.
C. The Contractor shall provide a supervisor at the work site during all cleaning and application operations. The
supervisor shall have the authority to coordinate work and make decisions pertaining to the fulfillment of the
contract.
D. Dust, dirt, oil, grease or any foreign matter on prepared surfaces that will affect the adhesion or durability of the
finish must be removed by washing with clean rags dipped in an approved cleaning solvent and wiped dry with
clean rags.
E. Coating and painting systems include surface preparation, prime coating and finish coatings . Unless otherwise
approved in writing by the Engineer, prime coating for the main tank structure shall be field applied. Where
prime coatings are shop applied, the Contractor shall instruct suppliers to provide the prime coat compatible
with the finish coat specified. Any work that is damaged during transportation, construction or installation shall
be thoroughly cleaned, repaired or replaced as directed by the Engineer at the Contractor's expense. The
Contractor shall use repair procedures which insure the complete protection of all adjacent primer.
F. The specified repair method and equipment may include wire brushing, hand or power tool cleaning, or dry air
blast cleaning. In order to prevent injury to surrounding painted areas , blast cleaning may require use oflower
air pressure, smaller nozzle and abrasive particle sizes, or shorter blast nozzle distance from surface shielding
and masking . If damage is too extensive or uneconomical to touch-up , then the item shall be re-cleaned and re-
coated or replaced as directed by the Engineer at the Contractor's expense .
G . The Contractor's coating and painting equipment shall be designed for application of materials specified and
shall be maintained in fir st class working condition. Compressors shall have suitable traps and filters to remove
water and oils from the air. Contractor's equipment shall be subject to approval of the Engineer.
H. Application of the first coat shall follow immediately after surface preparation and cleaning and before rust
bloom occurs. Any cleaned areas not receiving first coat within thi s period shall be re-cleaned prior to
application of first coat.
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 09900-6
Project No. P253-604180149280
September 2010
SECTION 09900 PAINTING
I. Prior to assembly, all surfaces made inaccessible after assembly shall be prepared as specified herein and shall
receive the coating or paint system specified.
3.02 SURFACE PREPARATION
A. The latest revision of the following surface preparation specifications of the Steel Structures Painting Council
shall form a part of this specification:
1. SSPC-SP 1 Solvent Cleaning
2.
3.
4.
5.
6.
7 .
8.
The removal of all visible oil, grease, soil, drawing and cutting compounds and other soluble
contaminants from surfaces with solvents or commercial cleaners using various methods of cleaning
such as wiping, dipping, steam cleaning or vapor degreasing.
SSPC-SP2 Hand Tool Cleaning
The removal of all visible oil, grease, loose mill scale, loose rust, loose paint and other detrimental
foreign matter by the use of non-power hand tools . Hand tool cleaning will not remove adherent mill
scale, rust and paint.
SSPC-SP3 Power Tool Cleaning
The removal of all visible oil, grease, loose mill scale, loose rust, loose paint and other detrimental
foreign matter by the use of power-assisted hand tools . Power tool cleaning will not remove adherent
mill scale, rust and paint.
SSPC-SP5 or NACE 1 White Metal Blast Cleaning
The complete removal of all visible oil, grease, dirt, dust, mill scale, rust, paint, oxides, corrosion
products and other foreign matter by compressed air nozzle blasting, centrifugal wheels or other
specified method.
SSPC-SP6 or NACE 3 Commercial Blast Cleaning
The removal of all visible oil, grease, dirt, dust, mill scale, rust, paint, oxides, corrosion products and
other foreign matter by compressed air nozzle blasting, centrifugal wheels or other specified method.
Discoloration caused by certain stains shall be limited to no more than 3 3 percent of each square inch
of surface area.
SSPC-SP7 or NACE 4 Brush-Off Blast Cleaning
The removal of all visible oil, grease, dirt, dust, mill scale, rust, paint, oxides, corrosion products and
other foreign matter by compressed air nozzle blasting, centrifugal wheels or other specified method.
Tightly adherent mill scale, rust and paint may remain on the surface.
SSPC-SP 10 or NACE 2 Near-White Metal Blast Cleaning
The removal of all visible oil, grease, dirt, dust, mill scale, rust, paint, oxides, corrosion products and
other foreign matter by compressed air nozzle blasting, centrifugal wheels or other specified method.
Discoloration caused by certain stains shall be limited to no more than 5 percent of each square inch of
surface area.
SSPC-SPl 1 Power Tool Cleaning to Bare Metal
The removal of all visible oil, grease, dirt, dust, mill scale, rust, paint, oxides, corrosion products and
other foreign matter. Slight residues of rust and paint may be left in lower portion of the pits if the
original surface is pitted. Differs from SSPC-SP3 in that it requires more thorough cleaning and a
surface profile of not less than 1.0 mil (25 microns). For areas where abrasive blasting is prohibited or
not feasible.
B . Slag and welded metal accumulation and spatters not removed by the Fabricator, Erector or Installer shall be
removed by chipping and grinding. All sharp edges shall be penned, ground or otherwise blunted as required by
the Engineer, or the Engineer's Representative
C. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed.
D. Particle size of abrasive used in blast cleaning shall be that which will produce a 1.5-2.0 mils (37 .5 microns-
50.0 microns) surface profile or in accordance with recommendations of the manufacturer of the specified
coating or paint system to be applied.
Repainting of Interior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City of Fort Worth, Texas 09900-7
Project No. P253-604180149280
September 2010
SECTION 09900 PAINTING
E. Abrasive used in blast cleaning operations shall be new, washed , graded and free of contaminants that would
interfere with adhesion of coating or paint and shall not be reused unless specifically approved by the Project
Manager.
F. During blast cleaning operations, caution shall be exercised to insure that existing coatings, paint and
surrounding properties are not exposed to abrasion and dust from blast cleaning.
G . The Contractor shall keep the area of his work and the surrounding environment in a clean condition. The
Contractor shall not permit blasting materials to accumulate as to constitute a nuisance or hazard to the
accomplishment of the work, the operation of the existing facilitie s, or nuisance to the surrounding environment
and properties.
H . Blast cleaned surfaces shall be cleaned prior to application of specified coatings or paint. No coatings or paint
shall be applied over damp or moist surfaces.
I. All welds shall be neutralized with a suitable chemical compatible with the specified coating materials .
3.03 APPLICATION
A. Coating and paint application shall conform to the requirements of the Steel Structures Painting Council Paint
Application Specification SSPC-PAl, latest revision , for "Shop, Field and Maintenance Painting".
B. Thinning shall be permitted only as recommended by the manufacturer and approved by the Engineer, and
utilizing the thinners stated in Section 2 .01 Paragraphs Hand I.
C . Each application of coating or paint shall be applied evenly, free ofbrush marks , sags, runs , and no evidence of
poor workmanship. Care shall be exercised to avoid lapping on glass or hardware. Coatings and paints shall be
sharply cut to lines. Finished surfaces shall be free of defects or blemishes .
D . Protective coverings, drop cloths, masking or other suitable methods shall be used to protect floors , fixtures,
equipment or any area or surface which are not to be coated or painted. Care shall be exercised to prevent
coatings or paints from being spattered onto equipment or surfaces which are not to be coated or painted or
surfaces that have already been painted or coated. All over sprays, spills, blast particles , dust, misapplication,
etc . shall be cleaned, repaired , or replaced to the satisfaction of the Engineer.
E. When two coats of coating or paint are specified, where possible, the first coat shall contain sufficient approved
color additive to act as an indicator of coverage or the two coats must be of contrasting color.
F. Film thickness per coat specified in Section 2 .01 Paragraphs H and I are minimum required . If roller
application is deemed necessary, the Contractor shall apply additional coats as to achieve the specified
thickness .
3.04 COATING SYSTEMS APPLICATION
After completion of surface preparation as specified for the specific system, material s shall be applied as noted in Section
2 .01 Paragraphs Hand I.
3.05 COLOR SCHEME
The Owner shall select colors for the project for the exterior of the Ground Storage Tank. The color for the interior of
the Ground Storage Tank shall be white. The Contractor shall submit a current chart of the manufacturer's available
colors to the Engineer thirty days prior to the start of coating application .
3.06 DISINFECTION
A. Disinfection of interior surfaces shall be performed in the presence of the Engineer or Engineer's Representative
in accordance with all the requirements of applicable A WW A C-652 Standards and regulatory agencies .
B. Disinfection shall be performed by the Contractor after protective coatings have been applied to the interior
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 09900-8
Project No. P253-604180149280
September 2010
SECTION 09900 PAINTING
surfaces and allowed to thoroughly cure.
C. The Contractor shall submit for approval by the Engineer, as per section 01300 , a Disinfection and
Safety/Emergency Response Plan. The plan shall clearly indicate what containment and clean up actions the
Contractor shall take in the event of an accident during disinfection operations .
D . Prior to disinfecting, the complete interior shall be washed down with clean water and thoroughly flushed out.
E. Disinfection shall be per ANSI/A WW A C652-02, Method 3 .
3.07 SOLVENT VAPOR REMOVAL
All solvent vapors shall be completely removed by suction-type exhaust fans and blowers before placing the tank in
operating service.
3.08 CLEAN-UP
A . Upon completion of the work, all staging, scaffolding, containers, excess materials, trash and other debris shall
be removed from the site and properly stored or disposed ofby the Contractor. Coatings, paint spots oil stains
over spray, blasting abrasive, or blasting dust that may have settled upon adjacent surfaces and or surrounding
properties, shall be removed and the job site thoroughly cleaned to the satisfaction of the Engineer or Engineer's
Representative . All damaged items resulting from the Contractor's work or persons working for Contractor's
behalf, on this project, shall be cleaned, repaired, refinished or replaced to the satisfaction of the Engineer or
Engineer's Representative at no cost to the Owner or the Owner's Representatives.
B. Final Tank Clean-up: Prior to the final walk through the Contractor shall thoroughly clean the entire tank both
interior and exterior. This includes but is not limited to the removal of all dirt, exhaust films, dust, oil, stains,
air pollution, foreign films, smut, graffiti or other foreign matter.
C. Final walk through for the interior and exterior of the tank may or may not occur at different times. However,
the final tank clean up for both the exterior and interior should be performed as close to the final walk through
date as possible .
D. If the exterior or interior of the tank are cleaned and become re-soiled in any manner by pollutants as described
in paragraph "3.08 -B" prior to the final walk through, the tank shall be re-cleaned by the Contractor at no cost
to the Owner or the Owner's Representatives .
3.09 WARRANTY
The Contractor shall warrant all work included in this section against any defects in workmanship and or product failures
for a period of two (2) year from date of final acceptance by the Owner. This includes but is not limited to chipping,
scaling, cracking, blistering, peeling, fading or general coating failures that may occur. The Contractor shall repair any
such defects to the satisfaction of the Owner and no cost to the Owner.
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5 .0 Gallon GST
& Exterior Repairs to Como 5 .0 Million Gallon GST
City of Fort Worth, Texas 09900-9
Project No. P253-604180149280
September 2010
SECTION 11550
FALL PREVENTION SYSTEM
PART 1 -GENERAL
1.01 SCOPE
The Contractor shall provide all materials , parts, labor, and profes sional services to provide and install a fall prevention
system on all access ladders on the tanks as shown on the drawings or as specified.
1.02 RELATED SECTIONS
A. SECTION -09900: Painting
1.03 REFERENCES
OSHA
1.04 SYSTEM DESCRIPTION
A. The system shall consist of the following:
1. A rigid notched carrier rail per ladder,
2. A means of attaching the carriers easily to any structure.
3. 2 -Locking mechanisms , which travel on the carrier,
4 . 2 -full body harness to connect the workman to the locking mechanism.
5. 2-Lanyards
B. The complete system shall allow the worker to operate freely in a normal climbing position during ascent or
descent. The device is to be installed in accordance with the manufacturer's instructions in such a manner to
enable the worker to be attached to the device at all times during the climb without having to remove his hands
from the ladder to operate the system effectively and to be able to easily pivot onto and off of work platforms or
landings while safely attached to the device. When installed to any desired height, the fall prevention system
shall be extremely rigid and combine to become an integral part of the structure.
1.05 SUBMITT ALS
As per Section 01300 of these specifications.
PART 2-PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. SAF-T-CLIMB : A fall prevention system as manufactured by the Norton Company@, Safety Products Division,
Air Space Devices, P. 0. Box 7500 , Cerritos, CA 90701.
B. Harnesses shall be Miller Model 552/UYK with Front back "D" rings and lanyard Miller model T-511 available
at Grainger or approved equal.
2.02 MATERIALS
A. The carrier rail , its components and the ladder clamp-mounting bracket shall be of Type 316 stainless steel
inside the bowl.
B . The carrier rail , its components and the ladder clamp-mounting bracket shall be Type 316 stainless steel.
Repainting of Interior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Port Worth, Texas
11550-1
Project No. P253-604180149280
September 2010
SECTION -11550 FALL PREVENTION SYSTEM
C. Bolts, nuts , washers and screws shall be Type 316 stainless steel.
D . The Saf-T-Lok, sleeve, safety locking mechanism shall consist of the following:
1. Sleeve: Cast from manganese bronze tensile strength of 110,000 P.S .I.
2. Locking Pawl: Tensile strength of 110 ,000 P.S.I.
3. Sleeve Springs: Dual stainless steel springs military specifications QQ-W-423B.
4. Roller Bearings: Six steel roller bearings Killian type SR-200-89D provide smooth travel on carrier
rail.
5. Snaps and Links: The upper snap shall be drop forged steel with a proofload test of 5000 pounds .
E . The safety harnesses shall consist of the following:
1. Safety harness: Full body style, with chemical resistant polyester webbing, color coded shoulder and
thigh straps for easy identification. Thigh/leg straps shall be tongue and buckle style. Harnesses shall
have both a back D-ring and a front climbing D-ring. Harnesses shall be Miller model# 552/UYK or
approved equal.
2. D-Ring: 3/8" drop forged steel. Withstands minimum tensile test of 5000 lbs. without fracture or
failure.
3. Buckles: Drop forged mild steel with drop forged tongue and sheet steel roller, pull test 1/64"
maximum deformation at 15 ,000 lb s.
F. Lanyards: A 72" long by l " wide nylon strap with a double locking snap at each end with a shock absorbing
section.
PART 3 -EXECUTION
3.01 INSPECTION
A . All rails, components, brackets, etc., shall be on-site to complete installation.
B. It must be verified that the rails and components designated for in-tank use are stainless steel.
C . Determine that the rails, components, belts, saf-t-loks and lanyards are new and undamaged.
3.02 INSTALLATION
The fall prevention system must be installed in accordance with manufacturer's installation instructions.
3.03 SCHEDULES
The fall prevention systems shall be installed after all painting operations are completed .
END OF SECTION
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas
11550-2
Project No. P253-604180149280
September 2010
SECTION 15041
DISINFECTION
PART I -GENERAL
1.01 SCOPE
A. The Contractor shall provide all labor, equipment, materials professional services, and incidentals required to
chlorinate the interior of the storage tanks , valves and pipes in accordance with ANSI/ A WW A C652-02
Method 3 .
1.02 RELATED SECTIONS
A. SECTION -05500: Metal Fabrications
B. SECTION -09900: Painting
PART 2 -PRODUCTS (Not Used)
PART 3 -EXECUTION
3.01 EXECUTION
A. Notify Owner to coordinate scheduling of tank disinfection. Clean all tank interior surfaces, valves, and
pipeline of free material, dirt and debris of all kinds, hose and scrub all interior surfaces leaving them dry and
clean. Engineer shall inspect tank and riser for satisfactory cleaning. Approval of Engineer is required prior to
disinfection.
B. The Contractor shall disinfect all interior surfaces in the interior of the tank after completion of painting
operations .
C. The Contractor shall disinfect all pipelines that have been taken out of service to facilitate his work after the
line has been completely reconnected and ready to be put back into service. This includes the riser.
D. Disinfection Procedure:
1. All interior surfaces shall be washed clean of dust, dirt, foreign material, and paint over spray, with
clean potable water.
2. Washing should continue until the wastewater is clear and free from residue.
3 . When cleaning is complete, wash all surfaces down with a chlorine solution of 200 parts per million
(PPM)
4. Seal tank. Owner will fill tank and close it off from system, then collect bacterial, chlorine residual ,
and taste and odor samples after at least 24 hours of water contact time. If any water quality results
are not acceptable to the Owner, the tank will be drained, and the Contractor will take all actions
necessary to correct water quality problems arising from the tank. These may include, but not limited
to providing additional curing time and ventilation for the interior paint system and additional
cleaning. Once the Contractor has completed corrective actions, the Contractor will re-disinfect the
tank and piping per this specification and the owner will re-sample and analyze the quality of water in
the tank. This process will be repeated until Owner is satisfied with tank water quality. Then, the
Owner will return the tank to service. The Owner shall have sole authority to determine the
acceptability of tank water quality, and the Contractor shall be responsible for all costs involved in
taking corrective action when water quality is unacceptable, including but not limited to additional
cleaning, curing, and re-disinfection.
Repainting ofinterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 15041 -1
Project No. P253-604180149280
September 2010
SECTION -15041 DISINFECTION
E. Disinfection of interior surfaces shall be performed in the presence of the Engineer or Engineer's
Representative in accordance with all the requirements of applicable ANS VA WW A C-652 -02 Standards and
regulatory agencies.
F. Disinfection shall be performed by the Contractor after protective coatings have been applied to the interior
surfaces and allowed to thoroughly cure.
G. The Contractor shall submit for approval by the Engineer, as per section 01300 , a Disinfection and
Safety/Emergency Response Plan. The plan shall clearly indicate what containment and clean up actions the
Contractor shall take in the event of an accident during disinfection operations.
H . Prior to disinfecting, the complete interior shall be washed down with clean water and thoroughly flushed out.
I . All interior surfaces shall be thoroughly washed with a solution having minimum chlorine content of200 PPM.
Chlorine solution accumulated on the bottom shall be drained from the tank.
END O F SECTIO N
Repainting oflnterior and Exterior of Randol Mill 5.0 Gallon GST
& Exterior Repairs to Como 5.0 Million Gallon GST
City of Fort Worth, Texas 15041 -2
Project No . P253-604180149280
September 2010
THE STATE OF TEXAS
COUNTY OF TARRANT
PERFORMANCE BOND
§
§
KNOW ALL MEN BY THESE PRESENTS: That we
(1) NG Pct (n-hng, LP 'a (2) Um1+0 PaYfht t6hip
of lt\er r{, \' e I I L)(a.,s hereinafter called Principal , and
(3) S tAXL tl6 ~f,/)_((ln[e_ Co , a corporation organized and existing
under the laws of the State and fully authorized to transact business in the State of Texa s ,
as Surety, are held and firml y bound unto the City of Fort Worth , a municipal corporation
organized and existing under the laws of the State of Texas , hereinafter called Owner, in
the penal sum of: in lawful mone y of the United States , to be paid in Fort Worth , Tarrant
County, Texas , for the payment of which sum well and truly be made , we hereby bind
ourselves , our heirs , executors , administrators, and successors , jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas , the Principal
entered into a certain contract with the City of Fort Worth , the Owner, dated the
_.....,9 __ day of fe.bruc(( y , A.D . 20lt, a copy of which is hereto attached and
made a part hereof, for the construction of:
Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon GST
and Exterior Repairs to Como 5.0 Million Gallon GST
designated as Project No. P253-604180149280 , a copy of which contract is hereby
attached , referred to, and made a part hereof as fully and to the same extent as if copied at
length herein , such project and construction being hereinafter referred to as the "work ".
NOW THEREFORE, if the Principal shall well , truly, and faithfull y perform the
work in accordance with the plans , specifications , and contract documents during the
original term thereof, and any extensions thereof which may be granted by the Owner,
with or without notice to the Surety, and he shall satisfy all claims and demands incurred
under the contract, and shall fully indemnify and save harmless the Owner from all costs
and damages which it may suffer by reason of failure to do so , and shall reimburse and
repay the owner all outlay and expense which the Owner may incur in making good any
default , then this obliga tion shall be void; otherwise to remain in full force and effect.
F-1
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie in Tarrant County, State of Texas .
AND PROVIDED FURTHER, that the said Surety, for value received , hereby
stipulates and agrees that no charge , extension of time , alteration or addition to the terms
of the contract or to the work to be performed thereunder, or the specifications
accompanying the same shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any such change , extension of time , alteration or addition to the
terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument is executed in six counterparts each
one of which shall be deemed an original , this the _B__ day o~ A.D., 20_1.L_.
~ ·~~
(Principal) Se~ry
(SEAL)
~~\T S
Witness as to Principal
tS EAL)
PRINCIPAL (4)-
BY NG p,;nHng ,LP j~ &8
1225 Bandera Highway, Ste. A-1, Kerrville , TX 77 802
(Address)
Suretec Insurance Company
Sure
By~~~
7'1~fact) (5)
C\Go 12~b Lru'"\e_, ~ .L\<;o, \-t0l\.S-ton ~,.( 1lb2.-(.j
(Address)
NOTE: Date of Bond must not be prior to
date of Contract
( 1) Correct Name of Contractor
(2) A Corporation, a Partnership or an
Individual , as the case may be
Correct name of Surety
If Contractor is Partnership , all Partners
should execute Bond
(5) A True copy of Power of Attorney shall
be attached to Bond by Attorney-in-fact
F-2
PAYMENT BOND
THE ST A TE OF TEXAS §
KNOW ALL BY THESES PRESENTS :
COUNTY OF TARRANT §
' a That we (1) f..\(4 ~ Ov\,1(\-t) (\~ 1 l2
(2) Gm~kd ~o...v+ne:r -sht p , of _K_{..,-'-Y_r ___ , County , of TV)C4s
hereinafter called Principal and (3) S u.xe...,-\{L, ~<SUY (11()(-L. tJ:>rnpaJ'\~ , a corporation
organized and existing under the laws of the State Texas and fully authorized to transact business in
the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal
corporation organized and existing under the laws of the State of Texas , hereinafter called Owner, and
unto all persons , firms , and corporations who may furnish materials for , or perform labor upon, the
building or improvements hereinafter referred to in the penal sum of (t \ I\ 9,SJ l ()Q ()Q lil
lawful money of the United States to be paid in Fort Worth, Tarrant County, Texas , for the payment of
which sum well and trul y be made , we bind ourselves , our heirs , executors , administrators and
successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas , the Principal entered into a
certain contract with the City of Fort Worth, the Owner, dated the 8 day of fiJ,(ua,y , 201 6,
a copy of which is hereto attached and made a part hereof, for the consideration of:
Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon GST
and Exterior Repairs to Como 5.0 Million Gallon GST
designated as Project Number P253-604180149280 , a copy of which contract is hereto attached ,
referred to , and made a part hereof as full y and to the same extent as if copied at length herein, such
project and construction being hereinafter referred to as the "work".
NOW THEREFORE, the condition of this obligation is such that, if the Principal shall
promptly make payment to all claimants as defined in Chapter 2253 , Texas Government Code,
supplying labor and materials in the prosecution of the work provided for in said Contract, then this
ob li gation shall be null and void , otherwise it shall remain in full force and effect.
THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants
supplyin g labor and material in the prosecution of the work provided for in said Contract, as claimants
are defined in said Chapter 2253, and all such claimants shall have a direct right of action under the
bond as provided in Chapter 2253 , Texas Government Code.
F-3
PROVIDE FURTHER, that if any legal action be filed upon this bond, venue shall lie in
Tarrant County, Texas, State of Texas , and that the said Surety, for value received, hereb y stipulates
and agrees that no change extension of time , alteration or addition to the terms of the contract or to the
work be performed thereunder or the specification accompanying the same shall in any wise affect its
obligation on this bond, and it does hereby waive notice of any such change, extension of time ,
alteration or addition to the terms of the contract or to the work or the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder whose claim shall be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which
shall be deemed an original , this _B_ day of~ 20_/__J___.
ATTEST:
(''
. <t'>-.A J, ~~ th
(Principal) Secretary
(SEAL)
~ 1
Cl>-A ,, A,N\ r;>l, 1 1±s:
Witness as to Principal
(Address)
ATTEST:
(SE AL)
Witne s as to Surety
By:
PRINCIPAL (4)-
BY:(/( ~ NG Pfil~ 0
1225 Bandera Hwy , Ste . A-1 , Kerrville , TX 78028
(Address)
Suretec Insurance Company
Surety
~ttomey-in-fact) (5)
C\6t) 8~\\o lAne. 1 W.~\\-\t)usf1)n1 1x 1 1 cyv./,
(Address)
NOTE: Date of Bond must not be prior to
date of Contract
( 1) Correct Name of Contractor
(2)
1 ,II... . /\' _, _1 • '7\/ (3) l 2-\0 . HU~hn 4k 1 \.::\ oa.1 V¥j'5 1 ) ~ 1~q42--( 4)
A Corporation, a Partnership or an
Individual , as the case may be
Correct name of Surety
If Contractor is Partnership, all Partners
should execute Bond (Address)
(5) A True cop y of Power of Attorney shall
be attached to Bond by Attorney-in-fact
F-4
THE ST A TE OF TEXAS
COUNTY OF TARRANT
MAINTENANCE BOND
§
§
KNOW ALL MEN BY THESE PRESENTS: That we n .
(1) N t:i Pointfr\@, G\? , a (2) l rm'tt1f(sh, of
\su::rv1\\e > 1Q,>lat; and (3) -Swv :Jn~!Att -e... t-01 'O..JnU
a corporation organized and existing under the laws of the State of Texas , as surety, do f
hereb y acknowledge themselves to be held and bound to pay unto the City of Fort Worth,
a Municipal Corporation , chartered by virtue of Constitution and laws of the State of
Texas, at Fort Worth , in Tarrant County, Texas , the sum of: (4 \1 l Ci6 1 \~O .oo - ),
lawful money of the United States, for the payment of which sum well and trul y be made
unto said City of Fort Worth and its successors , said Contractor and surety do hereby bind
themselves , their heirs , executors, administrators, and assigns and successors, jointly and
severally .
This obligation is conditioned, however ; that ,
WHEREAS, the Principal has entered into a certain contract with the City of Fort
Worth, the Owner, dated Feb< uar y 8
1
, 2.-011 for the performance of the
following described public work and the construction of the following described public
improvements :
Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon GST
and Exterior Repairs to Como 5.0 Million Gallon GST
all of the same being referred to herein and in said contract as the Work and being
designated as Project No. P253-604180149280 ; and said contract, including all of the
specifications , conditions and written instruments referred to therein as contract
documents being hereby incorporated herein by reference for all purposes and made a part
hereof, the same as if set out verbatim herein; 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 the
period of two (2) years after the date of the final acceptance of the work by the City ; and,
WHEREAS , said Contractor binds itself to maintain said work in good repair and
condition for said term of two (2) years ; and ,
WHEREAS , sad 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 Water
Department of the City of Fort Worth, it is necessary; and,
WHEREAS, said Contractor binds itself, upon receiving notice of the need
thereof to repair or reconstruct said work as herein pro vi ded .
NOW THEREFORE , if said Contractor shall keep it's said agreement to maintain,
repair or reconstruct said 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
F-5
Bond shall remain in full force and effect, and said City shall have and recover from the
said Contractor and its surety damages in the premises as prescribed by said contract.
This obligation shall be continuing one and successive recoveries may be had hereon for
successive breaches until the full amount hereof is exhausted.
WHEREAS, all parties covenant and agree that if any legal action be filed upon
this bond, venue shall lie in Tarrant County, Texas ; and ,
IN WITNESS WHEREOF, this instrument is ex ecuted m hJ;<ua'c) 8 t.o II
counterparts , each one of which shall be deemed an original , d~ted
1
_ATTEST :
I ~ ~ t b.Y\~=;:\,y ITT
(Principal) Secretary
(SEAL)
~ 9, J, &'.:',,~\/\ \~
Witness as to Principal
(SE AL)
Wit ss as to Surety
PRINCIPAL (4)-, ~~Pfilr~~
1225 Bandera Hwy , Ste . A-1 , Kerrv ille , TX 780 2 8
(Address)
Suretec Insurance Company
Surety
~~---By: _ __,~!'---'-------------
(Attorney-in-fact) (5)
ct6 o E°dX> \AY'e., ~. 4Q) , l-\et,S~~ 1,0 2,f
(Address)
NOTE: Date of Bond must not be prior to
date of Contract
( 1) Correct Name of Contractor
(2)
t 'A r . -.-(3) 2 \D . l\w..-\~n ~, t::nc\1j rxf, )}., ltcitf1-(4)
A Corporation , a Partnership or an
Indi v idual , as the case may be
Correct name of Surety
If Contractor is Partnership , all Partners
should execute Bond (Address)
(5) A True copy of Power of Attorney shall
be attached to Bond by Attorney-in-fact
F-6
POA#: 4221008
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas , does by these presents
make, constitute and appoint
Michael T . Siegeler, Teresa S. Muniz, Jennifer Smith
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/2012 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company :
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions :
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company , to execute, acknowledge and
deliver , any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatur e or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2dh of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMP ANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 3rd day of September, AD. 2010.
State of Texas
County of Harris
ss:
,u1u,,, .l .. ~~.'~~1;:,,, JACQUELYN MALDONADO •"':I:"1 Notary Pub lic , State of Texas L\~.J.,; My Commission Expires ..,,,;::10;-,\~~ ... ~ May 18 2013 .,,,. ,,, .
PANY -
I, M. Brent Beaty , Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect ; and furthermore , the resolutions of the Board of Directors , set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 8
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST .
···
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Veron's Annotated Civil Statues, Contractor Certifies
that it provides worker's compensation insurance coverage for all of its employees
employed on City of Fort Worth Project Number P253-604180149280.
Pres·
Title
2/<i/ I z~/I
Date
STATE OF TEXAS
COUNTY OFT ARRANT
BEFORE ME, the undersigned authority, on this day personally appeared ___ _
Nick Gramatikakis , known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of N.G. Painting, L.P. for the purpose and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this K___ of ~1<4r l/
20__/.{_. ,7
BILLO.BULL
MY COMMISSION EXPIRES
July 23, 2011
NomcyPut~~
Page 1 Of 1
PART G-CONTRACT
THE STATE OF TEXAS
COUNTY OF TARRANT
THIS CONTRACT, made and entered into this _9_ day of i2ht~ 20l f by and
between the City of Fort Worth, a home-rule municipal corporation located in Tarrant
County Texas, acting through its City Manager thereunto duly authorized so to do, Party
of the First Part, hereinafter termed "OWNER" and N.G. Painting, L.P .. of the City of
Kerrville, County of Kerr and State of Texas, Party of the Second Part. Hereinafter
termed "CONTRACTOR"
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of the First Part (Owner),
said Party of the Second Part (Contractor) hereby agrees with the said Party of the First
Part (Owner) to commence and complete certain improvements described as follows:
Repainting of Interior and Exterior of Randol Mill 5.0 Million Gallon GST
and Exterior Repairs to Como 5.0 Million Gallon GST
and all extra work connected therewith, under the terms as stated in the Contract
Documents, and at his (their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and
other accessories and services necessary to complete the said construction, in accordance
with all the requirements of the Contract Documents, which include all maps, plats,
blueprints and other drawings and printed or other written explanatory matter thereof, and
the specifications thereof, as prepared by the Engineers employed by the Owner, each of
which has been identified by the endorsement of the Contractor and the Engineers
thereon, together with the Contractor's Written Proposal and other parts of the Contract
Documents hereto attached, including the Fort Worth Water Department General
Contract Documents and General Specifications, all of which are made a part hereof and
collectively evidence and constitute the entire contract.
G-1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The Contractor hereby agrees to commence work within ten (10) days after the
date written notice to do so shall have been given to him, and to substantially complete
same within the time stated in the Proposal.
The Owner agrees to pay the Contractor in current funds for the performance of
the contract in accordance with the Proposal submitted therefor, subject to additions and
deductions, as provided in the Contract Documents and all approved modifications
therefor, and to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the Parties to these presents have executed this
Contract in quadruplicate the year and the day first above written.
ATTEST:
(SEAL)
WITNESSES:
City of Fort Worth, Texas (Owner)
Party of the First Part
Contract ~iithorj~~ti ~· ~I~ \ t \ .. c ,. --------.;...;....__ _____ .. -
Date
A!.6. ?air;_·lin51 l.? By:,~cr4-
Approved for the Fort Worth City Water Department:
5(}r~1~
S. Frank Crumb, PE, Water Director
Assistant City Attorney
G-2
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Plan Sheets
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STAINLESS STEEL 16 MESH
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