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Home My WebLink About025639 - Construction-Related - Contract - Chicago Bridge and Iron Companyr. �r � � '� `� � . � � � � r �. C1TY SECRETARY� �� 9 CONTRACT NO. SPECIFICATIONS .� CONTRACT DOCUMENTS FOR KHA No. 061018006 THE STRUCTURAL REPAIR OF THE EXISTING MEADOWBROOK 2.0 MG ELEVATED STORAGE TANK PROJECT NO. Prepared for Fort Worth Water Department � T! November 1999 C� � Kimley-Horn � _ and Associates, Inc. _---- . : �P�E �F TF�<< �4-� � �9�,�� :. ..� ' * � GLENN A. G' •.:*'.. _� ..80598"ARY...; T'••.l�„_ _,. .�.�,Q: �,� ��- ! �'' ��. u(��0�0/�� C�� ►�a � °� N 9Y NG�VvI�Ytl� �{�p�� F'" i� 1 ' ' � � TABLE OF CONTENTS Proposal General Conditions Supplementary Conditions Special Conditions Special Specifications Division 1 - General Requirements 01310 Schedules, Reports, Payments 01340 Shop Drawings, Product Data and Samples 01500 Construction Facilities and Controls 01720 Project Record Documents Division 9 - Finishes 09910 Steel Water Storage Tank Painting 09940 Lead Based Coating Demolition Division 13 -Tanks 13207 Welded Steel Elevated Water Storage Tank Repair Part B C CS D E Certificate of Insurance/Bonds/Contractor Compliance With Worker's Compensation Law F Contract G Construction Details H ��C�OI�d �� °?D �8� ��c.G? � ° G�� a 17U�:/ �`1GUtlp ��o lJ � � � � D � 0� � a 0 � � � � � Q � � � Y A 5 PART B , e � ' ��'GQi�� G�'C�'G�� 'V ��U' ��'�G�� C.'��8 ��o � n � � PART B - PROPOSAL (This proposal must not be removed from this book of Contract Documents.) TO: Bob Terrell City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the structural repair for the existing Meadowbrook 2.0 MG Elevated Tank and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: STRUCTURAL REPAIR FOR THE EXISTING MEADOWBROOK 2.0 MG ELEVATED TANK PROJECT NO. � The Contractor, 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, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Water � Department of the Ciry 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 completion of the said work. Contractor proposes to do the work within the time , stated and for the following sums: �� ITEM 1— STRUCTURAL REPAIR FOR THE EXISTING MEADOWBROOK y 2.0 MG ELEVATED TANK Lump sum to complete structural repair for the 2.0 MG Elevated Storage Tank and all equipment, � materials and services required in accordance with the Contract Documents, plans and specifications for the project: (Words and Figures) � Six Hundred and fifteen thousand Dollars And no Cents $ 615,000.00 � �; ��C��6�� '�c�� ;-��V ��'�� 6 °� � Bl �ry� �� u�°'��J4 �V��o �, .... ..... � � Within ten (10) days after receipt 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% is to become the property of the City of Fort Worth, Texas, in the event the contract and � bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned contractor certiiies 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 these special 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 the 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 statue is attached. �.. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. � v B. The rinci al lace of business of our com an or our arent com an or ma'orit owner P P P P Y P P Y J Y is in the State of Texas. �� This contract is issued by an organization which qualiiies 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 _, taxes under house Bill 11, enacted August 15, 1992. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and � to complete the contract within the number of calendar days listed below after beginning construction as set forth in the written work order to be furnished by the Owner: 155 Calendar Days , L � � ' B2 ^ �� r� ( ;:�C��'G�� o�(��Q �`�'l y' c�C�'�G�` ° G��( �� i n,y,ry��r, r��M f. �n`a ...�. ` � � Respectfully submitted, � (SEAL) If Contractor is Corporation ' , 1 ' � 1 ' ' 1 � ' �fhc,�o �o� � /llea Co�P.�,�y (Ac��J,g2E� By 7//ji� T e �f51�1�55 �Clc�c�P�f,�T� %i%p„l�-6•E'�2, Address �qOD �r�e15A�J►C� - )V - )�aJSTD� r-c�4-,"� �,vsr�J T'�as 'I�ab�i' Telephone ('jl3� �� i6 B3 �;�.G��J'V�l�� G'G��J�?D �� V ��rG��'°a°�"� '�o �'� ��UtlUp U�/No � � D � 0 a a D Q 0 0 Q fl W� � � a a� � . L PART C ,, ��0�� C��GG°�� G�� ° G°?� U'�o 1U �.'UWy �15Wo 0 p . C2-2.5 Rejection of Proposals C2-2.6 Bid Security C2-2.7 Delivery of Proposal C2-2.8 Withdrawing Proposals C2-2.9 Telegraphic Modifications of Proposals C2-2.10 Public Opening of Proposal C2-2.11 Irregular Proposals C2-2.12 Disqualification of Bidders C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3.2 Minority Business Enterprise/Women Business Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3.4 Withdrawal of Proposals C3-3.5 Award of Contract C3-3.6 Return of Proposal Securities C3-3.7 Bonds C3-3.8 Execution of Contract C3-3.9 Failure to Execute Contract C-3-3.10 Beginning Work C3-3.11 Insurance C3-3.12 Contractor's Obligations C3-3.13 Weekly Payrolls C3-3.14 Contractor's Contract Administration C3-3.15 Venue 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 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 Stakes - +��GU�.� G'�C��G�@ ��11 ��rG? ° °� �n � �� G�o �� C2-2 (3) 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) 0 � � r �� ' � � � ' ' 1 ' ' � ' ' , � PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS C1-1 C1-1.1 C1-1.2 C1-1.3 CI-1.4 C1-1.5 C1-1.6 C1-1.7 C1-1.8 C1-1.9 C1-1.10 C1-1.11 C1-1.12 C1-1.13 C1-1.14 C1-L15 C1-1.16 C1-1.17 C1-1.18 CI-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 CI-1.29 C1-1.30 C1-1.31 C1-1.32 DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bonds Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Days Legal Holidays Abbreviations Change Order Paved Streets and Alleys Unpaved Streets or Alleys City Street Roadway Gravel Street C1-1 (1) Cl-1 (1) C1-1 (2) C1-1 (2) C1-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) CI-1 (2) C1-1 (2) C1-1 (3) C1-1 (3) C1-1 (3) Cl-1 (3) CI-1 (3) Cl-1 (3) C1-1 (3) C1-1 (3) C1-1 (3) C1-1 (3) Cl-1 (3) CI-1 (4) Cl-1 (4) C1-1 (4) C1-1 (4) C1-1 (4) C1-1 (4) C1-1 (5) C1-1 (5) C1-1 (6) C1-1 (6) C1-1 (6) Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2) C2-2.4 Submitting of Proposal _ �;L-2 (2) �l� ��G�G�� G�'C��'�`'� �: �� ;G�� ° e�U . (�a �,��G��G�& �� - C7-7.9 Delays C7-7.10 Time of Completion C7-7.11 Suspension by Court Order C7-7.12 Temporary Suspension C7-7.13 Termination of Contract due to National Emergency C7-7.14 Suspension or Abandonment of the Work and Annulment of the Contract: C7-7.15 Fulfillment of Contract C7-7.16 Termination for Convenience of the Owner C7-7.17 Safety Methods and Practices C8-8 C8-8.1 C8-8.2 C8-83 C8-8.4 C8-8.5 C8-8.6 C8-8.7 C8-8.8 C8-8.9 C8-8.10 C8-8.11 C8-8.12 C8-8.13 MEASUREMENT AND PAYMENT 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 (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) � ` r`�1�F! ��!�� U`'�u� p�� '� II�Jt�. � i( i�l L�'��' ��Ci±� �j�,1 �' ° ° � '��o �'iJG'�N�, ��, �I , ' ' � , ' , � � ' � �' I � C , � � CS-5.8 CS-5.9 CS-5.10 CS-5.11 CS-5.12 CS-5.13 CS-5.14 CS-5.15 CS-5.16 CS-5.17 CS-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 C6.6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 Authority and Duties of City Inspector 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 Railway Crossings Barricades, Warnings and Flagmen Use of Explosives, Drop Weight, Etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment or Relocation of Public Utilities, Etc. Temporary Sewer and Drain Connections Arrangement and Charges for Water Furnished by the City Use of a Section or Portion of the Work Contractor's Responsibility for the Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7.2 Assignment of Contract C7-7.3 Prosecution of The Work C7-7.4 Limitation of Operations C7-7.5 Character of Workmen and Equipment C7-7.6 Work Schedule C7-7.7 Time of Commencement and Completion C7-7.8 Extension of Time Completion �3� U��0�0�.�� '��JG'@ C��1 ��cG�� I�o t��G��'J� �[�o r r CS-5 (3) CS-5 (4) CS-5 (4) CS-5 (4) CS-5 (5) CS-5 (5) CS-5 (5) CS-5 (6) CS-5 (7) CS-5 (7) CS-5 (8) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (3) C6-6 (3) C6-6 (3) C6-6 (4) C6-6 (5) C6-6 (6) C6-6 (6) C6-6 (8) C6-6 (8) C6-6 (8) C6-6 (9) C6-6 (9) C6-6 (9) C6-6 (9) C6-6 (10) C6-6 (10) C7-7 (1) C7-7 (1) C7-7 (1) C7-7 (2) C7-7 (2) C7-7 (3) C7-7 (3) C7-7 (3) � C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published � in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. � C 1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, °� corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, � constitutes a bidder. �' C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Whenever there may be a conflict between the General Conditions and the Special Conditions, the latter shall take precedence. . C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 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. C1-1.9 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) ' F �;��I�U�� ` �,�I i� q� �l� � �i ,,��.� V�lSu ^ C 1-1 (2) �;�� ti� �c�[��G��el� �o ��.��y �� 1 � � ' � , � , PART C - GENERAL CONDITIONS C 1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-l.l DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are 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 (Sample) � PART B - PROPOSAL (Sample) PART C - GENERAL CONDITIONS (CITY) (Developer) ' � � t � , � , ' PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PARTF-BONDS PART G - CONTRACT (Sample) (Sample) White White Canary Yellow Brown Green E1-White E2-Golden Rod E2A-White Blue White 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 PARTF-BONDS PART G - CONTRACT PART H- PLANS (Usually bound separately) � �� ^�,� G�[��u°�D C1-1 (1) r�� G��c�� ' �a U;1\.��'�Ulla �ISWa � 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 proj ect. C1-1.21 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. C 1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which 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 CI-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25: 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 July 4 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, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: y'�i, c�i C 1-1 �4� .. -_ -.-u- II;, �i--,.�_� �: i��v�J �1� � e�J �u��v� ��C��G��Q I,,, � n�P�t`��,i�,;� M 5��j��j�J�J U �� l�. U�il Up °'�°..° 7 � "1 u � "'1 � � � ' ' 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. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the ' Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as � the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract ' Documents just as though they were bound therein. ' C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its 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. ' ' ' � ��. ' C1-1.13 CITY COLJNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C 1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.17 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. C1-1.18 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. ' C' � 1 C 1-1.19 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. C 1-1.20 CONTRACTOR: The person, person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting � _ r_' P j� II��.II��.I, �y � �'C��N:V C1-1 (3) '��, ��o�� 1 '� �1�V�' �"�'�G�� ° �?1� � �io �� .'��o �� C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for "Paved Streets and Alleys." C1-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 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. C1-1.32 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. C1-1 (6) , ;�,,'�,��•��G01�,� �'�� J °�B `"� e ° �,U � u.: �� C��„�� G�......��--��.�a" �C�' , ' ' � AASHTO - American Association of State Highway Transportation Officials ASCE - American Society of Civil Engineers IAW - In Accordance With ASTM - American Society of Testing Materials AWWA - American Water Works Association ASA - American Standards Association HI - Hydraulic Institute Asph. - Asphalt Ave. - Avenue Blvd. - Boulevard CI - Cast Iron CL - Center Line GI - Galvanized Iron Lin. - Linear or Lineal lb. - Pound MH - Manhole Max. - Maximum MGD - Million Gallons per Day - 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 � ' � � , CFS Min. Mono % D. O.D. Elev. F C In. Ft. St. CY Yd. SY L.F. D.I. C 1-1.27 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. � L i ' II ' � All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 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 base material. 5. Any combination of the above. ;;, ;��- -', i� ! �� j �;� (� �� e , � U�.,C�:�� u._��D C1-1 (5) ��:: �� G�� 2�,.�G_'��9 ��o 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 than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the 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 plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do 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 by 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 authorized agent. The corporate seal must be affixed. Power �,� ��9�O1�:� G'�C��GQ� c2-2�2> �8� ��G,�Y (�,1��G,1�1, �. � 1 ' 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) ��y��G�G�� LU►�°1� �: ��'' ��[�'�� '° �� U Uo `� U��'�U fID ��(1Uo . � 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 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. fl 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. � ��o�a�.��r�c�� C2-2(4) �p,�� y�/ ��U ��'r e� � �� o ��`��o u�'° i , of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. � , CI ' � � 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 thereo£ 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 WITHDR.AWING 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 �, 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 1 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. 1 � c2-2(3) '� �f��G01�d ��C��G?� r U�i ��c��Q�l f�o �C��b, ��n , C 3-3.5 AWARD 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 C8-8.10. 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 tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article , C3-3 (2) - �-r-q�-Q�� q��G�� i�� v v �; a��' c��"'„G�� ' °� r�� a�►,��I.'�. � ' ' ' ' � ' � PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing 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) andlor 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 disqualifcation of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. ' ' ' C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City 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 iile in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the tOwner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. , ' • r_.� �;��u;�u�:P� ��D C3-3 (1) �:;�� e�� ° °� [�o �G'��, ��. r � suffer by reason of such failure on the part of the Awardee and shall thereupon � immediately by 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. C3-3.11INSURANCE: 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. 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. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the � above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: ..� 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). , i�-„,: -' `= i �� Vc��(C.� j1�1� ��iJ��'��'�� C3-3 (4) �G�� '�G�� f�, ��C�'i�, ��. _v� �ri , � ' S160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56`h 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. ri 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 annual 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) '�;'��i��: �'��G�� '� ��ti� �� I� M�(n`��S�M t?f�M � 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 ernpowered, 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. � �� -��Ui�GU�-�.�, G`:`I�'�;J°�� v ,;� C3-3 (6) ,� �.,�� r�� ' °� ��o �uG��aQ ��o , 1 � , C � � � ' ' ' ' , � � � , ' 2. 3. 4. 5. 6. Blasting, prior to any blasting being done. Collapse of buildings or structures adjacent to excavation �if excavation are performed adjacent to same). Damage to underground utilities for $500,000. Builder's risk (where above-ground structures are involved). Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE 1NSURANCE - 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. 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. ,� i� _i �,n' ^^ �^ n �:��U�� D�s:�� «��D � C3-3 (5) � ':;�i��(r�� °�� ' � C'� I►,;�t1)�f.)UWy U�ln�o 1 � � L' I ' ' � � ' ' , ��I 1 , 1 , , � Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor's responsible 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 �ngineer 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 exclusive(y in Tarrant County, Texas. C3-3 (7) , �� c��°�� D � fv u�ur ��'�UufISIIWW U �L'oM�UG,�:'�IIUp I��Wo fJ C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the � owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion � in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of ; � the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a"Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. � c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently � into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to � exceed 10 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. - -':r��d�i� U``'y�,�.i��o�L, � ii': ii ,_L�..v . C4-4 (2) .'i(.''l`�Uf e�l��:;G� ° °�� G��, �JuG'�G�9 �C�� ' I i � � 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 tbe 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 perforni 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. ' 1 '��U�Q�O�:� G'L��u�@ C4-4 (1) i��: �� °Q� � �� J'��a ��e ._ � P � 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. 2 Preparation and transmittal of submittals Submittal review periods. C4-4 (4) ��0'G� �� G'��G'J °'@ �� Glf�'�G?�� f��o �G'��, ��o � ., � � r a� � ' � , � ' ll � 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 fve 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. �� , ,�. � ��;��:�� G��G;;�?D C4-4 (3 ) i�: �� o ��o ��o �i � 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). _, � � �"' � � � 1 � ' ' ' ' � � 8 � Final inspection. 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 completion of the work within the contract time. If the owner iinds 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. �_ . �::;��G�� C�_�� ;�� G�?D C4-4 (5) ��: ��'� �� G��QI� V �0 11 G`�'��p ��o P � proposal. The Contractor shall not take advantage of any apparent error or omission in the � Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for 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. CS-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 r 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. CS-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. �1 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 �. � �v�'��0�� G'�� °'� '`� cs-s �z> �� p�V ��rG��°?�l f�o �� N��o ��a � ' � � � PART C - GENERAL CONDITIONS CS-5 CONTROL OF WORK AND MATERIALS SECTION CS-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 Locuments, 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. � � , L� � , ' , ' �� 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. CS-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, fgured 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 � �,�� CS-5 �1> ��u Go�� ,�r� ��ti �, ': �1T1( ��L�'��`��IG°?I( I�o � G'�M. �(��_ P � release any requirement of these Contract Documents, nor to approve or accept any � portion or section of the work, nor to issue any instructions contrary tot he requirement s of the 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 this 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 , , - �,2 ^ � e G Ir� '�;'lr'`��G��:� �i"_L��G��J;1 CS-5 (4) J p (r' (' �j I� C� e��rUj � e ° �o �JC} ��I�, ��. � � � ' I� ' 1 ' ' , ' � ' 1 i ' � 1 project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not 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. CS-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 offce 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. CS-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. CS-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 Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be refened to and decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or �-,_-. � . cs-s �3, '�'��J��. ��,I; �,�,��,,�� . <<�=i!�'tif �,G�::��`��G?°� UVo IIJ'��'l�'.'l�!r�F I;I�t'�o � 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 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. CS-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: � ' , ��1��, �'�G'Juc?� � �:-�?�� f��:��C�G'� CS-5 (6) U i� ��i o ��l�o , � � ' , , ' � � �I ' � � � 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 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. CS-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. ' 1 � CS-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 cs-s �s> '��G��OI�� G:'C��G'�'�G�D �� 0�'V �C�.�� G��"� �J Uo UUt'�!':fUllUy �L1�r^�o y � CS-5.18 FINAL INSPECTION: Whenever the work rovided for in and � P contemplated under the Contract Documents has been satisfactorily 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. ' ' ' 1 ' , ' � ' ' ' � �� Ol�� '��4JQ� � cs-s �s> '��=��1�V �� ' G��( U�, �c��o ��o � 1 i � � 1 � ' ' ' � � , � ' ' � , ' ' "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 andlor 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. � � �� G��;�,� G'��D cs-s ��> �C�'U �C��G�GJG�� (�� i f �i.�, �) s�,' ` U Ya VUV`1��;'�IVY� ��j�o 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) '�'� '�'�':; u�r:l� �`��I��U � � +�: U U I�/ Nl�+u R(�W 11 (�, '��,.�. � , ' � ' PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea 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. � � ' � ' ' ' C6-63 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 necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by �✓�c�oco�.� �� C6-6(1) �� r��Q� �a UU�JJi'�llUp II�Wo � under construction or being maintained. The Contractor shall furnish watchmen and keep � them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. ,..� All installations and procedures shall be consistent with 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 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 installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- !-+r 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 completed. " � The Contractor will be held responsible 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 t��:, of any - I�1 �,:,,1�,,;� ,�,��[� �..� ,;�')Vr�='�'',;` , � �,, �; c,.�" � � i�lib":_ � C6-6(4) �- \`� C�(�i�.;;Gt��° °��i U;��U C,�'-% :, ��a �IIuG-'��4 �f�� , ' , � , , ' ' � � 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 1 Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents. 1 1 � ' � 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 fumish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work � ��D C6-6(3) '��l�G�'��d G`'��^��U�� :;� ti` ��[�'� `'�G�� a �G'��o �� 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, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents, employees, contractors, subcontractors, licensees or invitees ,of the �. �. ��i . . � 'v��Uy�C��"�� '',�'�, �`��'`� C6-6(6) ��;�� ci��G�l�uw�� a VUV)G�UI�,�° � i C� , � ' � 1 � � ' � ' , , 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 any time due to defective work, material, or equipment. � When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in , consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise , � � C6-6(5) �'�� '��0)°�� r �� rG?�,°1 `1�� a WV� �'��Wo �ISIn�o r � 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 25`h 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. � - ; �c:,%;l..�C��uq��l � ��1.�� t�� `^U � �� u L — C6-6(8) '.,'�'l U� �� el�c?�Q �,r�a 11V�I.��UYY,�G�`We _�+ � � , 1 � � � Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its ofiicers, 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 caused, 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. � ' � � , ' ' � i If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the 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: The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the � � �, ^ C6-6(7) �'��GO�,� �_'�L�J�`�D r ��1 ��GG�[�1��! �o��,��o C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted 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) �1 � �,;��ro�� ,�, ,� � e �� "v�� '�?�b ��° � � ' 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. C , , f �� LJ ' � , 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 VALVES 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, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written 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 performed 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 rebu�ld, 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. � �,. , i � n�G ��-,;�� '��c� 6°'[��'�G�U ,��,, C6-6(9) �!„'�'�� G��G�� I�� f�J`�'�,�n l��o f r � � The sequence requested of all construction operations shall be at all times as speciiied 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 ;.ri 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. � j,='!ir'.V}'�Itr��„+�i1s V`'�`��1�U�1" � C7-7(2) 4�� ! G;' ' °�i� �� e�u"��9��. . 1 L_ J � ' , ' � � � 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 superintendance, 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 �.r°�i 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. � �� 0 �� G'[��c��@ c�-��i> �O�V' ��G�C�1�1� U UO YY V�14 Y Y' ��(/N9 � 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. I� 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 otherwise specified in other parts of the � Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. � D ' �;��V��d ��GuG?U C7-7(4) �:,D�tif �� c�l�I�� U Ua 17UlJG'�UIl9 �C�u ' i 1 � C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in C 1-1.23 "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: ' , ' � � � 1 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. � ' i � 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. ��U f�G+G�G��h� �'[��D , �� a�' �� C��G�?i� c�-��> �o � G'��le �(�{o — ' - � determined by mutual consent of the Contractor and the Engineer that a solution to allow ;r 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 ,r"� 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. b. Substantial evidence that progress of the work operations by the � Contractor is insufficient to complete the work within the specified time. " �� r� � � C7-7(6) i' ��G��'�� ►`��c�� ' ��'�G��G�h� , f�,1�UC�b��'�}�ei � , ' I!� � � � 1 AMOUNT OF CONTRACT Less than $ 5,001 $ 15,001 $ 25,001 $ 50,001 $ 100,001 $ 500,001 $ 1,000,001 $ 2,000,000 to to to to to to to and over 35.00 45.00 63.00 105.00 154.00 210.00 315.00 420.00 630.00 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. $ 5,000 $ 15,000 $ 25,000 $ 50,000 $ 100,000 $ 500,000 $ 1,000,000 $ 2,000,000 inclusive inclusive inclusive inclusive inclusive inclusive inclusive inclusive AMOUNT OF LIQUIDATED DAMAGES PER DAY $ $ $ $ $ $ $ $ $ C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend � operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the 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. '`J ' C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other 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 will make no extra payment for stand-by time of construction equipment and/or construction crews. � If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to ' prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. 1 � � 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 �; % C7-7(5) !;JI��'�'��%.�� `�'L��GU°�D '��r C�C�':. G� � ° �� o �'uuG��N�, ��{r i r � 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 s, 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 shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any � , � � _�„ --;�� ,�� ; , ,�';=��i��O�:� U`�'� 'J . � � �,,� , � c�-��8> ��;��!tif`n ��G?��G�1� � ��. �uG'��, �C�o _� � ' , t ' � � ' �I i �J � � � � � � � , �� e. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. Substantial evidence that the Contractor has abandoned the work. 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. J k. 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. 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. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. 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 shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. ��G�14�:� �'��D ° C7-7(7) �::�� "�� U Uo VUV�'�IIU� �L7Wo 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. AMOIJNTS: Subject to the provisions of Item C7-7.1(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 proiits. F. DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; '�f��OC��d �?��cuG�D C�-�� o> �,^:�� G��a�� ,�^ J,..�;� �� I�J ,,,,,. . , U o �': �' p ' ° � � ' � I' t , 1 � i ' � 1 , ' ' � ' I: claim, demand or suit shall be required of the Owner regarding such discretionary action CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 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 5 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 unfabricated parts, work in progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and b. The completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 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 termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of 1 "' ^ �'- � ��si��U °1G C7-7(9) i��U��OG�:� ��_��:�J ��U U ��'vG?�G`U 0 Uo UV\%��UU� �L'a!/�la ' � ' � i � , L � ' � � 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. , 1 ' , � ��f��O�G��d G��D � C7-7(11) � 0��' ��;�G�f��G��l ��o � G'��o �L�. and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one 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. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the ls` and the 5'h day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10`h day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100.00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000.00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimates 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 thereo fl. 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 partial estimates from month to month will be approximate only, all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quantity 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. � ��,,��p��01�� ?[��GU°�D . � cg-g�2> �;,y�n��.�, t� c��,�,��(� ° Q� ;?.::a � �`��.I I�l( ��,r�:,.t,,, t; � Y U9 UV�/�':UIIJy UL7LSo � ' ' Il PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT � C8-8.1 MEASUREMENT 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 item installed. ` C8-8.2 LTNIT 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, finishing costs, overhead expense, bond, ' insurance, patent fees, royalties, risk due to the elements and other clauses, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a � satisfactory condition for operation. C8-8.3 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 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 CS-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension tor discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, � � �. 1/ `I�, I''��JR ��u��v''ulr�u� U`�IS��:�Vitiu cg-g��> � C�`� ��G��1G�1� UC�V � ��UUp III�W_� � � The making of the final payment by the Owner shall not relieve the Contractor of any � guarantees or other requirements of the Contract Documents which specifically continue thereafter. � C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereof 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 Contract Documents, approved modifications thereof, and all alterations thereof. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the 1� 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 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 guaranty 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 these Special Contract Documents, in which no speciiic item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. CS-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: The Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the r�' ,.� cs-s�4> ��v,�--��;C�1��:i� G�'l��vU��°'G . � �� ,., . ��--��;��:� (��:`= e�(�'iari� ' :; � I� u c�: :; :� V Il dc ��o �luG��N�q �[�o � � 1 � , � 1 � � C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for 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 outlines in paragraph 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 sums that have been ' deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution � of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows: Prior to 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 C�7 , 1 � 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. C8-8(3) �%�i�lf9 G�� Uz�lS�� UU� L�J '�0�' ��!�G'� ° G�1� �a � G'��la i�f�o � � 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. , ' , 1 ' ' ' , ' , ' ' , � � f �9 '::�� I�V'��1,_� br_'�'�U�� C8-8(5) '��`�`� ��Gc��`,Q� ;s�: �'�;1�'�C�a ��. � � � � � � � � � � � � � � ' � � � � � � , PART CS � , �� Q� U �.� G�[��G�D �� 8�'tif c��: G�� ° G�� 11 Ilo UVG �.'�� Il�Wo u c 0 � SUPPLEMENTARY CONDITIONS !� FORT WORTH, WATER DEPARTMENT �- WATER AND WASTEWATER TREATMENT PLANT PROJECTS r, September 1, 1999 1. CONTRACT DOCUMENTS: In Section C 1-1.2 CONTRACT DOCUMENTS, ^" delete Paragraph C1-1.2b 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 - � ,.,, PART B - PROPOSAL (Bid) ` M/WBE BID SPECIFICATIONS ``" PART C - GENERAL CONDITIONS �, PART CS- SUPPLEMENTARY CONDITIONS � PART D - SPECIAL CONDITIONS PART E - TECHNICAL SPECIFICATIONS r� PERMITS/EASEMENTS (Some Permits are Multicolored) , PART F- BONDS AND INSURANCE PART G - CONTRACT "' PART H- PLANS/FIGURES (may be 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 1-1.17, and replace with the following: CI-1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: The r"' officially appointed Director of the Transportation and Public Works Department of • the City of Fort Worth, or his duly authorized representative, assistant, or agents. 0 3. DIRECTOR OF ENGINEERING: Add the following paragraph after C 1-1.17 and before C 1-1.18: � C1-1.17A DIRECTOR OF ENGINEERING: The officially appointed Director of the � Department of Engineering of the City of Fort Worth, referred to in the charter as the r,� City Engineer, or his duly authorized representative assistant, or agents. � 4. ENGINEER: Delete entire Paragraph C 1-1.19, and replace with the following: � n � � 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 u�L��OG�%� G��G?D ��V ��:;G�f��G�`� �a��'��UAg U�o � �,., � 5. PROP ORM: In Section C2-2.1, Paragraph 1 � ci'�t sentence to read as � follows: "The Bid e furnish a Financia ment, Equipment Schedule, and Experience Record, all of whic perly executed and filed with the Director of � � � � � the Water Departme ee prior to the ening of bids. Information shall be on fo vided bv the Bidder and accentable to the i. 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 Condi ons, Section C2-2, exchange paragraphs C2-2.7, C2-2.8, and C2-2.9 with the followin • / `' C2-2.7 ELIVERY OF PROPOSAL: No proposal will be considered u s it is I�: delivered, ccompanied by its proper Bid Security and other required m ial, to the Purchasing anager or his representative at the official location an ated time set ' forth in the oposal at the proper time to the proper place. T ere fact that a proposal was atched will not be considered. The Bidders t have the proposal actually delivere Each proposal shall be in a sealed enve e plainly marked with r' the word "PROPO L" and the name or description of project designated in the ' "Notice To Bidders". The envelope shall be address to the Purchasing Manager, ,.., City of Fort Worth Pur asing Division, PO Box 17 , Fort Worth, Texas 76102." � � � . � n _. � �I �� C2-2.8 WITHDRAWIN PROPOSALS: roposals actually filed with the Purchasing Manager cannot e withdraw rior to the time set for the opening of proposals. A request for non nside addressed to the City Manager, a f of proposals. After all proposals E publicly read aloud, the prop ls f properly filed may, at the o on of the on of a proposal must be made in writing, with him prior to the time set for the opening uested for non-consideration are opened and which non-consideration requests have been �ner, be returned unopened. C2-2.9 TELEGRA C MODIFICATIO F PROPOSALS: Any bidder may modify his propo by telegraphic communica ' n at any time prior to the time set for opening pr osals, provided such telegraphic mmunication is received by the Purchasin anager prior to the said proposal ope ' g time, and provided further, that the ty Manager is satisfied that a written and du authenticated confirmation of s telegraphic communication over the signature of t bidder was mailed prior t e proposal opening time. If such confirmation is not re 'ved within forty-eight (48) hours after the proposal opening time, no further consider 'on will be given to the proposal. , � ��0�'.�� :��G�D r��'�f �C��G�� cs-2 [�a �IUG�'��9 �C��o � C � L. 8. MINO Y BUSINESS ENTERPRISE/WOMEN BUSINESS ERPRISE COMPLIANC elete entire Paragraph C3-3.2, and replace the following: C3-3.2 MINORITY SINESS ENTERPRISE MEN BUSINESS ENTERPRISE COMPLIANCE: Upon r est. Contractor rees to provide to Owner complete and accurate information regar i � Enterprise (MBE) and/or a W payment therefore. Contract ork performed by a Minority Business usiness Enterprise (WBE) on the contract and i es to permit an audit and/or examination of �,. any books, records or in its possessi that will substantiate the actual work � performed by an and/or WBE. The mis esentation of facts (other than a negligent misr sentation) and/or the commission o aud by the Contractor will be � grounds f ermination of the contract and/or initiatin ction under appropriate �, feder tate or local laws or ordinances relating to false state ts; further, any such � epresentation (other than a negligent misrepresentation) an commission of 'F" raud will result in the Contractor being determined to be irresponsi and barred � from participating in City work for a period of time of not less than three ( years. � 9. C3-3.5 RD OF CONTRACT is modified to read as fo _�r�"°' "The Owner reserves the ri old final action on the proposals for a � reasonable time ceed the period s the duration of the Bid Security ' state ' otice to Bidders or 90 days, whichever is s " f� � �" � -, L C 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: "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 the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the Owner: (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties {Circular 870}, or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the amount of the bond shall not exceed the amount shown on the treasury list or one- tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writir�g the reinsurance must be authorized, accredited or trusteed to do business in the State of Texas. Each bond shall be properly executed by both the Contractor and the Bonding Company." u�f�� G��D (� ��Ilr C'��:'� �� IVl�dIN 1! cs-� ��o �' �`:'V��9 �L�1�o _ .� +�. L 11.0 INSURANCE. Change the following portions of C3-3.11 Insurance as shown below: 11.1 INSURANCE FOR SUBCONTRACTORS: At the end of the first paragraph of Section C3-3.11, after "and for all subcontractors", insert the following sentence: "The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of C3-3.11 are met for all subcontractors." 11.2 INSURANCE LIMITS. In Section C3-3.11, after the word "occurrence", add "/aggregate". �„ 11.3 COMMERCIAL GENERAL LIABILITY INSURANCE: In Paragraph C3-3.11 b: Replace the word "Comprehensive" with "Commercial" Add the following to Paragraph ' C3-3.11 b: � � r � "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". 11.4 COMMERCIAL GENERAL LIABILITY (CGL) POLICY: Amend Paragraph C3-3.1 lc, Additional Liability, by adding the following: ..� "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)." ""'� 11.5 AUTOMOBILE INSURANCE LIMITS: Revise Paragraph C3-3.11 d so that the I., insurance limits are as follows: Bodily Injury Bodily Injury Property Damage n �, � � $250,000 each person $500,000 aggregate $100,000 aggregate 11.6 LOCAL AGENT FOR INSURANCE AND BONDING: For Paragraph C3-3.11 g, delete entire paragraph beginning "Local Agent for Insurance and Bonding". 12. LIMITATION OF INCIDENTAL CHARGES (Reference C4-4.Sc): 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: ��0�� G��u�D c s-4 � ��' �� G�C��Q�( ��o �C'�N�o ��a .., � �'4 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: J "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 C later". After the word "exist," add "at the time of the Contract or may be hereafter exist during the performance of the Contract." F'^ 15. BUILDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the . paragraph; �" "Contractors are responsible for obtaining construction permits from the governing � agencies. Contractor shall schedule all code inspections with the Code Inspection Department in accordance with the permit requirements and submit copy of updated schedule to the Engineer weekly. 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. �+rR$,L��DES WARNINGS AND FLA.G�i��' '... I4..;�;��r�� .;,-v.�, replace the word "watchmen" where��Pr ' rs w� �«�„ , �. " en". In the first paragraph, lines fiv �l� six (6), replace "take all such other precautionary mea�u,.,,.i'" ��"take a asonable 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 � 0 U��I�� °?��U °?� cs-s CB� ��CG�[��Q�( , �9 �i��N�o �C�o �. . . � by the Contractor, its officers, agents, employees subcontractors, licensees or invitees, � whether or not any sucl: injury, dama�e or deatl: is caused, in wliole or in part, by the negli,�ence or a!/eged negli�ence of the Owner, its offrcers, a�ents, servants, or e�loyees. 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 injury or dama�e is caused, in whole or in part, by t/ze negligence or alleged ne�ligence of the Owner, its offccers, a�ents, servants, or employees eIn 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 `� refened 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: �.. ,,,,9 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 of labor, 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 far material incorporated into the project in excess of the estimated quantity cs-6 '��C��`:'� G`��'�C�JR� � �� GG�� a �1uG'�ae ��o �, � provided for herein will be no less than the invoice price for such material to the � Contractor." 19. PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows: e•. "Partial pay estimates shall be submitted by the Contractor Sth 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 lOth 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 L 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 r.. 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 j" (10%). For contracts of $400,000.00 or more at the time of execution, retainage shall l.r 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 ,,r 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." 20. 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 ��r City shall have access during normal working hours to all necessary Contractor � 0 � CS-7 ��C��;:� ��rl�� v ��Uf �l�(v G�1L� IY�yW Y Y Oa UU�J�,uUUB ��Y`�o � � 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 C 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) hereo£ The � City shall give subcontractor reasonable advance notice of intended audits. y (c) Contractor and subcontractor agree to photocopy such documents as may be --� requested 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 r' thereafter." (5/25/93) � � 21. SCHEDULE OF COSTS: Add the following to Section C8-8: � C8-8.15 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 HVAC 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 � ,� . ^^ � ° �,� �f��g,G��i ��U�G��,.� G:_[� � cs-s r�� c��: G��G��( �o n u "l�o �[�o O a a a � 0 � � � a � � � „p a 0 a � 0 � 0 0 PART D � � G�f��COI�� G��C�G�D C0� �C�f�G°��Q� �o UVVOS�UIIUp Il�o � � � � � � � � . � � �� Part D - SPECIAL CONDITIONS TABLE OF CONTENTS D-1 GENERAL D-2 PROJECT DESIGNATION D-3 Not Used D-4 PROJECT SIGNS D-5 CITY FURNISHED MATERIALS D-6 WAGE RATES D-7 Not Used D-8 Not Used D-9 Not Used D-10 EXISTING UTILITIES D-11 Not Used D-12 Not Used D-13 SUBSTITLJTIONS D-14 Not Used D-15 Not Used D-16 Not Used D-17 Not Used D-18 Not Used D-19 TRENCH SAFETY D-20 Not Used D-21 Not Used D-22 Not Used D-23 Not Used D-24 Not Used D-25 DUCTILE IRON PIPE AND GRAY-IRON FITTINGS D-26 DETECTABLE WARNING TAPES D-27 Not Used D-28 Not Used D-29 Not Used D-30 Not Used D-31 Not Used D-32 Not Used D-33 Not Used D-34 EASEMENTS AND PERMITS D-35 Not Used D-36 Not Used D-37 Not Used D-3 8 Not Used D-39 Not Used D-40 Not Used D-41 SITE PREPARATION D-42 Not Used D-43 Not Used D-44 Not Used � ��u�G� a�,[� G<<�[��G�U��D o - � � �� L��cG�[��Q� ��o GMuG��o ��o � � L� � �� ..� � � � �. � � � � r� �� r u D-45 Not Used D-46 Not Used D-47 Not Used D-48 Not Used D-49 Not Used D-50 Not Used D-51 Not Used D-52 Not Used D-53 Not Used D-54 Not Used D-55 TEMPORARY SOIL EROSION SEDIMENT AND WATER POLLUTION CONTROL D-56 Not Used D-57 Not Used D-58 Not Used D-�9 Not Used D-60 WATER SAMPLE STATION D-61 Not Used D-62 Not Used D-63 Not Used D-64 Not Used D-65 Not Used D-66 Not Used D-67 Not Used D-68 Not Used D-69 Not Used D-70 Not Used D-71 Not Used D-72 Not Used D-73 Not Used D-74 Not Used D-7� Not Used D-76 Not Used D-77 Not Used D-78 Not Used D-79 Not Used D-80 Not Used D-81 Not Used D-82 Not Used D-83 Not Used D-84 Not Used D-8� Not Used D-86 WORKER'S COMPENSATION 1NSURANCE D-87 Not Used D-88 Not Used D-89 TRENCH EXCAVATION, BACKFILL AND COMPACTION D-90 Not Used D-91 SHOP DRAWINGS D-92 Not Used ' D-93 Not Used � �-= � , r4 , L, �,� i Q�� % ,��:;f��;��, �_L�:;JU� �:�i'��i`'u' `��``�.``'[�' ° ° �,' D — 2 � �:� �y�: ) �� U Ull ��Wo 1,.. �,`�J�. s � � � D-94 Not Used D-95 Not Used � D-96 Not Used D-97 Not Used D-98 Not Used � D-99 Not Used D-100 Not Used D-101 TESTING � D-102 SUBSIDIARY WORK D-103 Not Used D-104 OSHA STANDARDS D-105 PROJECT SUPERINTENDENTS �I D-106 RESIDENT ENGINEER D-107 PROGRESS PHOTOGRAPHS D-108 TERMINATION �, D-109 HAZARDOUS AND TOXIC MATERIALS D-110 SPOIL AND FILL MATERIAL D-111 AGE � D-112 DISABILITY D-113 INDEMNIFICATION D-114 CONSTRUCTION ADMiNISTRATION �' D-11� DUCTILE IRON PIPE � D-116 DUCTILE IRON AND GREY IRON FITTINGS D-117 INSTALLATION OF DUCTILE IRON PIPE �' D-I 18 SCADA INSTALLATION AND PROGRAMMING L 1 C 1 1 1 1 � , ��D�G�I�� G'L�C��Q� ��'ti� ��G��`�f�� r lf�u UUV �'�U�llp UL�Wo � D-3 -, � � D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General � Contract Documents and General Specifications. effective July l, 1978, are made part of i,,,, 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: � Plans � Special Contract Documents r# General Contract Documents and General Specifications L The following Special Conditions shall be applicable to this project and shall govern 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: Structural Repair of the Existing Meadowbrook 2.0 MG Elevated Storage Tank Water Project Number , � -' D-4 PROJECT SIGNS: ,,,,, Project Signs are required at all locations which will be under construction for more than L thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. 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-5 CITY FURNISHED MATERIALS: � For water projects, the City will furnish "pipe cleaning pigs," chlorine gas or chlorinated lime (HTH) and all water for initial cleaning and sterilization of water lines. All other materials for construction of the project, including water for compaction, shall be � furnished by the Contractor. � L'J ��,��0'��:,� Uc?��JG?� �� ' �� G��G? � �(I�o `�)�`:'�IIUp ��//Uo � � D-6 WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with � statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project R"' covered by these Contract Documents. In no event shall less that the following rates be � paid. � D-10 EXISTING UTII.,TIES: 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 a(1 a 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 installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. � � 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. r. 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 appruved ,.. � �� ':;��l��t�� G'�'� J °�� : �� . G��`�G�� . :��r'��,� �I��o � � � � 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 L alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed � substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as _ related to "Substitutions" shall be applicable to all sections of these specifications. � L r 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 r^ structures are installed or constructed in an excavation so as to reduce the ,.,r dimension measured from the forms or structure to the side of the excavation to fifteen ( I S) 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 r.. forces imposed on it by a cave-in and protect workers within the structure. Shields L can be permanent structures or can be designed to be portable and move along as � � ��G�G�� G'�C��°�D �v�� G?��Gc?� �o ��f ��9 ��o � � 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. 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 instailation and removal of trench safety systems. �'' D-25 DUCTILE IRON PIPE AND GRAY-LRON 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: "E2-7.1 I DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray- � iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. 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. r , All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E 1-13 and Construction `` Specification EZ-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." � .- w � � �. � 0 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 � ��(G ' ;_. G`:��UG°�� ,,��: ��'ti� ��: G?�`�� .�� o � � weight of 2-1/2 pounds/1"/1000'. The tape shall be color coded and imprinted with the message as follows: Tvpe of Utilitv Color Code � Le�ends Water Safety Blue Caution Buried Water Line Below Sewer Safety Green Caution 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, r bedding, blocking, detectabie tapes and all other associated appurtenances required shall '°� be included in the subsidiary to the cost of pipe installation. � LW r D-34 EASEMENTS AND PERMITS: Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. � Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to r" their original conditions or better. In the event additional work room or access is required L by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No �" additional payment will be allowed for this item. � � � � � � � a D-41 SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this 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-55 TEMPORA.RY 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 � u��GO�t`� G-��G�D ��U �[��:.G�C��G�1� �o��o � � �� 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 r� 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 r 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 area of preparing right of way, clearing and grubbing, � excavation and borrow to be proportional to the CONTRACTOR'S capability and 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 unrealistic, 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. A.11 � 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. t(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 wili 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. .� f (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 tc keep --, � � � ��D�G�� G`��v'� G�D �� GG?��°'� �o UVu� 1``��° °9 �lSU�o� � � � 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. i.r (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, (akes and reservoirs and to avoid interference with movement of migratory fish. � 3. SUBMITTAL: 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. � 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-60 WATER SAMI'LE STATION: GENERAL: r"" The Contractor shall utilize existing water sampling stations. J ._ D-86 WORKER'S COMPENSATION INSURANCE: I 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 compl�ed w�th this sect�on. � 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 j� Owner (City). � � ��0�� 6"��c�°�� : 0�� G °1 � ° Q� [��o o�r��M� �I�o � � C. Worker's Compensation Insurance Coverage. 1. Definitions: � Certificate of coverage ("certificate"). A copy of a certificate of insurance, a j,,,, 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 i,,,, 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. J "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 coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all � employees of the contractor providing services on the project, for the duration of .r 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 u 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 � r � U�(�D��l'�,� u`?�'�'J°?� ��V ��C�'rG��°�� t�};�'�M, ��o � . � u (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 401.01 I(44) for all of its employees providing services on the project, for the duration of the project; i,, (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 r'"' 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; L. � (d) obtain from each other person with it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginn�ng on the r., 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; � 8 u [��._� G`�'�C�U ° ��V' ��rG?C��1� p l�n U��) ��UU9 �LSlNo - � � � (e) retain all required certificates of coverage on file for duration of project and for one year thereafter. � ,..� (� 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 i... project; and r (g) contractually require each person with whom it contracts, to perform as � required by paragraphs (a) -(g), with the certificates of coverage to be n 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. � 1 1. The Contractor's failure 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. F" 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 w 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 ] 0 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text l,,,, 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 msurance. Th�s 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. � �� u ��cpl�,s�. G�� °�D �0 �' �C��G?��( U La' UU�:J:'��'U�UU9 ut�uUo ., .. � � "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-89 TRENCH EXCAVATION. BACKFILL AND COMPACTION: Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with � Sections E1-2 Backfill and E2-2 Excavation and Backfill ofthe General Contract � Documents and Specifications except as specified herein. r 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and `'" Backfill, if the stated maximum trench widths are exceeded, either through accident or � otherwise, and if the Engineer determines that the design loading of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. �... All trenching operations shall be confined to the width of permanent rights-of-way, L permanent easements, and any temporary construction easements. All excavation shall be in strict comp(iance with the Trench Safety Systems Special Condition of this r document. . L. L �" � � 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back- fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: � Size Sieve % Retained r #4 0-5 _ J # 16 0-20 (P.I. = 8 or less) ., � �r Size Sieve #50 #100 #200 % Retained 0-50 60-95 90-100 ��.��:� �'��G�D ��1 ��[��G��1� f��o � G'��lo i�� ^ � � 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to �"'" a minimum of 90% Standard Proctor Density (A. S.T.M. D698) by means of tamping L. only. � Trenches which lie under existing or future pavement shall be backfilled per Figure A � with 95% Standard Proctor Density by jetting, mechanical tamping, or a combination of methods. Backfill material to be mechanically tamped must be within +-4% of its � optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be r performed without damage to the installed pipe. _� _, The Contractor shall obtain the services of an independent testing laboratory to perform � trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will � be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and r continuing to the top of the completed backfill at intervals along the trench not to exceed � 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be `-� allowed for exposing the backfill layer to be tested or providing trench safety system for � tests conducted by the City. �'' 4. MEASUREMENT AND PAYMENT: All material, including any and all Type "B" �..r backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. All costs involved in performing the trench �'"' compaction tests made by independent laboratories shall be subsidiary to the cost of �� the contract. ' D-91 SHOP DRAWINGS: `' Shop drawings, project data and samples shall be in accordance with Section 01340 and �other sections of the specifications. All shop drawings containing information pertaining L to the detailed structural design of the tank or appurtenant structures shall bear the seal and signature of a professional engineer licensed to practice in the state of Texas. � D-1 O 1 TESTING: a. The Contractor shall furnish, at his own expense, certifications by a private laboratory � for all materials proposed to be used on the project. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. r , b. Not less than 24 hours notice sha(1 be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety � 0 � �f��6�G��,�s G-��G�D � ��vr �� G?��G�� Il Uo UU�J�`'U�0U9 Ul.7Wo � � L 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. � 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 provided for in the proposal, shall be considered as a subsidiary item of work, the cost of which shall be � included in the price bid in the Proposal for each bid item. Surface restoration and cleanup are general items of work which fall in the category of subsidiary work. � 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 r., 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 qualiiications 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 r'" superintendent and shall be approved by the Owner prior to withdrawing the � superintendent. �"! During the construction of the project, the resident superintendent shall demonstrate an �- ability to properly execute the work outlined in the contract documents in a timely manner and shall consistently produce work of an acceptable quality and in accordance with the � contract documents. If the Owner shall have a reasonable objection to the performance of the resident superintendent, the Contractor shall replace the resident superintendent upon written notice from the Owner. The resident superintendent 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. � r , � � D-106 RESIDENT ENGINEER: The General Conditions, Section C 1-1.19 ENGINEER, defines 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 assigne� to the � �'�r��'G��`l� G�'�G'�� o, p ��1I ��f�'rG�[��Q�1 �Un "c��uUP ��..,..,�.. � � � 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 r 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 delivering to the Contractor or his designated representative a notice of �'" termination, specifying to what extent performance of the work under the contract is being • terminated and the effective date of termination. After receipt of notice of termination Contractor shall: `" 1. Stop work specified in the notice on the date and to the extent specified in the notice _ of termination. 2. Place no further order or subcontract except as necessary to complete work already underway. r � � � 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, ��G��O '�,� G`��c��G<D �G�� C��rG?��°?/�/ U Uo 6'll\��C`'��U9 �l5f/�o �,�,�._ ...... � � � 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. ! 0 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 s'rte, 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-11 I AGE: j In accordance with the policy °(Policy") of the Executive Branch of the Federal "w Government, Contractor covenants that neither it nor any of its officers, members, agents, F,,., 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 plant or statutory rec�uirement. � 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 r limit for such employment unless the specified maximum age limit is based upon a bona ,,,� fide occupational qualification, retirement plan or statutory requirement. � � uC��a�GD °�,� G�'��G'D ��D�v ��C��G?��( �o �u6�?��0 �� 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. L D-112 DISABII.,ITY: In accordance with the provisions 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: r, To clarify Section C6-6.1 Z of the General Conditions of the Contract, it is the intent of the � Owner that the Contractor indemnify, hold harmless 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 � caused to property located in close proximity to this project, unless such damage is caused wholly or in part by the Contractor's negligence. 1 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 F►eld Order in accordance with Section C4-4 of the Contract � Documents. The Contractor's Modification request (CMR) shall fully identify and describe the r 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. u �� , I i(�I,' ��q �; i; ��''�cp�.sll; �� Q il�l(U'�'�u�_� J'_��.,JU,-l✓ C�� G��CaG?°� ��, ��'��, �� _._-.._... . r. � � Cost of the Engineer's evaluation of any substitution or deviation requested by the Contractor shall be charged to the Contractor by the Owner. E. 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 =W 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). r . 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, buildinas, mechanical and electrical systems, foundation, etc. �"' D-I IS DUCTILE IRON PIPE • This item shall revise Section E l-6 of the Citv of Fort Worth General Contract Documents and Specifications for Water Department projects. r.. Tests and reports shall be submitted in accordance �vith Section 01340. � All joints requiring blocking shall be restrained mechanicallv as if no blocking «ere present. Manufacturer shall provide restraining calculation and minimum restraining distances in accordance ��ith AWWA M41, sealed b�• a licensed professional engineer in the State of Texas. �"' Calculations shall be submitted in accordance �vith Section O 1340. � Pressure class shall be as follows: 24" = 250 psi pressure class 36" = 200 psi pressure class �" D-116 DUCTILE IRON AND GREY IRON FITTINGS: y This item shall revise Section E 1-7 of the Citv of Fort Worth General Contract Documents and -- Specifications for Water Department proiects. � 0 � �� G��C��G�D �� "[��G��;G�1� 11 llu UU��II`1�41119 ��Wo � �. � ►" � CLASSIFICATIOI�I � AIR CONDITIONING MECHANIC AIR CONDITIONING MECHANIC HELPER '.,,, ACOUSTIC CEILING INSTALLER , ACOUSTIC CEILING INSTALLER -� HELPER BRICKLAYER/STONE MASON ^ BRICKLAYER/STONE MASON � HELPER CARPENTER �,,,, CARPENTER HELPER CONCRETE FINISHER L CONCRETE FINISHER HELPER CONCRETE FORM BUILDER I^ CONCRETE FORM BUILDER HELPER y DRYWALL TAPER DRYWALL TAPER HELPER �, ELECTRICIAN JOURNEYMAN ELECTRICIAN HELPER �+ ELECTRONIC TECHNICIAN ELECTRONIC TECHNICIAN HELPER � FLOOR LAYER (CARPET) FLOOR LAYER (RESILIENT) FLOOR LAYER HELPER GLAZIER � GLAZIER HELPER ,. INSULATOR INSULATOR HELPER -- LABORER-COMMON � LABORER-SKILLED LATHER LATHER HELPER C METAL BUILDING ASSEMBLER METAL BLDG ASSEMBLER HELPER PAINTER � PAINTER HELPER PIPEFITTER PIPEFITTER HELPER PLASTERER � PLASTERER HELPER PLUMBER PLUMBER HELPER �- REINFORCING STEEL SETTER REINFORCING STEEL SETTER HELPER � L�J CLS' � BUILDING & CONSTRUCTION TRADE STANDARD WAGE RATE FOR TARRANT COUNTY HOURLY RATE $15.96 $8.81 $13.82 $9.79 $15.25 $9.86 $13.00 $9.34 $12.00 $9.44 $11.59 $8.87 $11.87 $8.25 $1629 $1020 $12.86 $12.67 $13.58 $14.48 $8.56 $ U .66 $9.26 $15.89 $9.46 $7.82 $9.66 $15.80 $11.75 $13.34 $7.85 $11.93 $8.30 $14.35 $10.93 $15.29 $8.63 $16.26 $9.59 $11.88 $9.18 CLASSIFICATION ROOFER ROOFER HELPER SHEET METAL WORKER SHEET METAL WORKER HELPER SHEETROCK HANGER SHEETROCK HANGER HELPER SPRINKLER SYSTEM INSTALLER SPRINKLER SYSTEM INSTALLER HELPER STEEL WORKER STRUCTURAL STEEL WORKER STRUCTURAL HELPER WELDER WELDER HELPER HEAVY EQUIPMENT OPERATORS EQUIPMENT OPERATORS CONCRETE PUMP OPERATORS CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL FORKLIFT OPERATOR FOUNDAT[ON DRILL OPERATOR FRONT END LOADER OPERATOR TRUCK DRIVER , ...• �� V�;;�. G'�'��o IV � � U Cl��; Uu� UW1tc II �OUa_UVV�'ilUV9�❑UUo � HOURLY RATE $13.17 $7.82 $15.87 $9.29 $12.70 $9.71 $16.95 $7.81 $14.66 $7.91 $14.87 $9.67 $14.66 $I5.50 $ ] 3.05 $10.54 $11.66 $11.60 $9.80 � � � Tests and reports shall be submitted in accordance with Section 01340. }►�' All fittings shall be in accordance with AWWA C 110, Compact Fittings (AWWA C 153) will not � be allowed. Only Ductile Iron Fittings will be accepted. � D-117 INSTALLATION OF DUCTILE IRON PIPE: This item shall revise Section E2-6 of the City of Fort Worth General Contract Documents and Specifications for Water Department projects. � Ductile Iron Pipe shall be shipped and installed in accordance with AWWA M41. ,r., D-118 SCADA INSTALLATION AND PROGRAMMING � � All RTU installation, testing, and programming shall be done by HSQ Technology, Inc. '„� All screen creation and implementation shall be performed by HSQ Technology, Inc. E1VD OF SPECIAL CONDITIONS � ' � , ' ' ' 1 � � u��C��l�,�. G��G?D �� c��: G��`�G��l U Uo UV\:/G'�UUg �lSWo � � a 0 0 a � � a 0 a 0 a a 0 0 � � � t r PART E ,� 0 � f��aC��G�� G��C��D ' ��1 �C��G��;1°�� U Uo UUV11:�'lIIIU9 UISWo � � L. � � r � � �" � � � � L L 1 Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 PART 1- GENERAI. 1.01 RELATED DOCUMENTS: SECTION 01310 Schedules, Reports, Payments Page 1 of 4 Drawings and general provisions of Contract, including General and Supplementary Conditions, Special Condirions, and other Division-1 Specification sections, apply to work of this section. 1.02 COORDINATION: Coordinate both the listing and timing of reports and other activities required by provisions of this section and other sectior�s, as to provide consistency and logical coordination between the reports. Maintain coordinarion and correlation between separate reports by updating at monttily or shorter time intervals. Make appropriate distribution of each report and updated report to all parties involved in the work including the Engineer and Owner. In particular, provide close coordination of the progress schedule, schedule of values, listing of subcontracts, schedule of submittals, progress reports, and payment requests. 1.03 PRELIlVIINARY PROGRESS SCHEDULE: A. Bar-Chart Schedule: Submit a bar-chart type progress schedule not more than 3 weeks after the date established for commencement of the work. On the schedule, indicate a time bar for each major category or unit of work to be performed at the site, properly sequenced and coordinated with other elements of work. Show completion of the work sufficiently in advance of the date established for substantial completion of the work. 1. The Contractor shall provide a schedule to show the "estimated" total dollar-volume of work performed at any date during the Contract Time, with a column of cost figures in the left hand margin ranging from zero to the Contract Sum. Submittal Tabulation: With the bar-chart submittal, submit a tabulation, by date, of the submittals required during the first 90 days of Construction Time. This tabulation shall include both those submittals required during the initial 90 days of construction to maintain the orderly progression of the work, and those submittals required early because of long lead time for manufacturer or fabrication. At the Contractor's option, submittal dates may be shown on the bar-chart schedule, in lieu of being tabulated. 1.04 FUI.LY DEVELOPED PROGRESS SCHEDULE: A. Bar-Chart Schedule: Based on the preliminary development of the progress schedule, if any, and on whatever updating and feedback may have occurred during the project start-up, secure critical time commitments for performing major elements of the work. Within 60 days of the date established for "commencement of the work", submit a comprehensive bar-chart type progress schedule, on Microsoft Project, Primavera, or a similar scheduling software, indicating by stage-coded symbols, a time bar for each major category or unit of work to be performed at the site; include minor elements of work which are nevertheless, involved in overall sequencing of the work. Arrange the schedule to show graphically the major sequences of work necessary for the completion of related elements of work. Arrange the schedule to show how substantial completion is scheduled to allow for the Engineer's procedure for certification of substantial completion. Prepare and maintain the schedule '��'UU'��1�'� V`_'l5'�J tD �a� �� r� ��r��M � � Meadowbrook Elevated Tank SECTION 01310 � KHA No. 061018006 Schedules, RepoMs, Payments November, 1999 Page 2 of 4 � on either a sheet of sufficient width (or else a series of sheets) to show the required data clearly for � the entire Construction Time. Prepare the schedule on sheets of stable transparency, or other reproducible material, to permit reproduction for the required distribution. Schedule shall also include shop drawing submittal components. � B. Cost Correlation: Immediately below the date line at the heading of the bar-chart, provide a two item cost correlation line, indicating both "pre-calculated" and "actual" costs. This cost correlation line �„ shal] show dollar-volume of work performed as of the same dates used for preparation of payment requests. Refer to subsequent article for cost reporting and payment procedures. Insofar as it is � practical to do so, use the same units of work in the progress schedule as indicated in the "schedule of values" required by the General Conditions and further specified herein. � C. Distribution: Following the initial submittal to and response by the Engineer, print and distribute progress schedules to the Engineer (3 copies), Owner, separate contractors, the principal �` subcontractors and suppliers or fabricators, and others with a need-to-know schedule-compliance L requirement. Post copies in the project meeting room and temporary field o�ces. When revisions are made, distribute updated issues to the same entities and post updated issues in the same locations. � Delete enUties from distribution when they have completed their assigned work and are no longer ,,,, involved in the performance of scheduled work. — 1.05 SUBMITTAL SCHEDULE: � A. General: Immediately after the development and acceptance of the fully developed progress schedule, � prepare a complete schedule of work-related submittals. Submit this schedule within 10 days of the date required for establishment of progress schedule. Correlate this submittal schedule with a listing of principal subcontractors, and with the "listing of products" or the "procurement schedule" as specified in "Products and Substitutions" sections and elsewhere in the contract documents. B. Form: Prepare the schedule in chronological order of submittals. Show category of the submittal, name of subcontractor, a generic description of the work covered, related section numbers, the activity or event number on the progress schedule, the scheduled date for the first submittal, re- submittal, and the final release or review by the Engineer. Provide with the listing of the subcontractors the corresponding mailing address, business address, telephone number, fax number (if applicable) and contact person. 1.06 SCHEDULE OF VALLTES: � A. General: Prepare a schedule of values in conjunction with the preparation of the progress schedule. Coordinate preparation of schedule of values and progress schedule. Correlate line items with other � administrative schedules and the forms required for the work, including the progress schedule, payment request form, listing of subcontractors, schedule of allowances, schedule of alternatives, listing of products and principal suppliers and fabricators, and the schedule of submittals. Provide �" breakdown of the Contract Sum in sufficient detail to facilitate continued evaluation of payment _ requests and progress reports. Break down principal subcontract amounts into several line items. Round off to the nearest whole dollar, but with the total equal to the Contract Sum. � ' ; �� :;��s G��G��i �D f�( � 11 U C'��u USlS UWU,� U -. �, ��. r.,;�M �15G� e L'� � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 SECTION 01310 Schedules, Reports, Payments Page 3 of 4 � B. Time Coordination: In coordination of initial submittals and other administrative "start-up" activities, � submit the schedule of values w the Engineer at the earliest feasible date, but in no case later than 7 days before initial payment request is to be submitted. 1.07 PAYMENT REQLTESTS: � L� � A. Payment request shall be in accordance C8-8 of the General Conditions. B. Application at Time of Final Walk Through: Following issuance of Engineer's final punch list, and also in part as applicable to prior certificates on porrions of completed work as designated, a"special" payment application may be prepared and submitted by Contractor. The principal administrative actions and submittals which must precede or coincide with such special applications can be summarized as follows, but not necessarily by way of limitation: 1. Occupancy permits and similar approvals or certifications by governing authorities and franchised services, assuring Owner's full access and use of completed work. 2. Warranties (guarantees), maintenance agreements and similar provisions of contract documents. 3. Test/adjust/balance records, maintenance instructions, meter readings, start-up performance reports, and similar change-over information germane to Owner's occupancy, use, operation and `... maintenance of completed work. 4. Final cleaning of the work. � L r � � e 5. Listing of Contractor's incomplete work, recognized as exceptions to Engineer's certificate of substantial completion. C. Final Payment Application: The administrative actions and submittals which must precede or coincide with submittal of contracxor's final payment application can be summarized as follows, but not necessarily by way of limitation: 1. Completion of project closeout requirements. 2. Completion of items specified for compleUon beyond time of substantial completion (regardless of whether special payment application was previously made). 3. Assurance, satisfactory to Owner, that unsettled claims will be settled and that work not actually completed and accepted will be completed without undue delay. 4. Transmittal of required project construction records to Owner. 5. Proof, satisfactory to Owner, that taxes, fees and similar obligations of Contractor have been paid. 6. Removal of temporary facilities, services, surplus materials, ru ' ^r•,� �iiriiiar' elements. �� '``'��G°�� U J... (� U� ��1�� , � U �a ,^,lr;��9 4�� — � � I� r Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 SECTION 01310 Schedules, Reports, Payments Page 4 of 4 7. A�davit that all subcontractors and suppliers have been paid in full. 8. Consent of surety for final payment. D. Application TransmittaL• Submit 3 executed copies of each payment application, one copy of which is completed as Final Payment application with waivers of lien and similar attachments. Transmit each copy with a transmittal form listing those attachments, and recording appropriate information related to application in a manner acceptable to the Engineer. Transmit to the Engineer. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUI'ION (Not Applicable) END OF SECTION � ' 1 � ' ' ' � e ��l v}�� :i+� ��C�u °�� .�8� ��Ga�G�b �� 9 �� Meadowbrook Elevated Tank � KHA No. 061018006 November, 1999 � � C � � L PART 1 - GENERAI. 1.01 RELATED DOCUMENTS: SECTION 01340 Shop Drawings, Product Data and Samples Page 1 of 8 Drawings and general provisions of Contract, including General and Supplementary Conditions., Special CondiUons and other Division-1 Specification sections, apply to work of this section. 1.02 DESCRIPTION OF REQiJIItEMENTS: A. General: This section speciiies procedural requirements for non-administrative submittals including shop drawings, product data, samples and other miscellaneous work-related submittals. Shop drawings, product data, samples and other work-related submittals are required to amplify, expand and coordinate the information contained in the Contract Documents. l. Required administrative, non-work-related submittals. Include, but are not limited to the following items: �`" a. Permits. r b. Payment applications. c. Performance and payment bonds. — d. Insurance certificates. � e. Inspection and test re.ports. f. Schedule of values. g. Excavation safety plan � h. Trench safety plan i. Listing of subcontractors. B. Shop drawings/submittals shall be submitted for all items listed in the Special Specifications, General Conditions, and Special Conditions, including, but not limited to the following items: Fabrication and installation drawings. Setting diagrams. Shopwork manufacturing instructions. Templates. Patterns. Coordination drawings (for use on-site). Schedules. Design mix formulas. Contractor's engineering calculations. O & M Manuals. Contractor's proposed schedule and sequence of construction. Coordination drawings (for use on-site). � � All other items listed elsewhere in the Contract Documents. --� Standard information prepared without specific reference to a project is not considered to be shop � drawings. . „ �� ,�--��-:� �� ,��,�� ,�I�V ��=� � r�� '�� ' °1� �o UU`J��9 �lSWv ._ �' � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 lJ SECTION 01340 Shop Drawings, Product Data and Samples Page 2 of 8 Additional shop drawing requirements are described in some of the material specifications. All shop drawings containing information pertaining to the detailed structural design of the � tank, foundation, or appurtenant structures shall bear the seal and signature of a professional engineer licensed to practice in the State of Texas. �,,,, Address for Submittals - The submittals shall be addressed to the Design Engineer: � � r � rr � Kimley-Horn and Associates, Inc. Suite 1100 801 Cherry Street Fort Worth, TX 76102 (817)335-6511 (817) 335-5070 Fax C. Product data includes standard printed information on manufactured products that has not been specially-prepared for this project by the Contractor, including but not limited to the following items: 1 2 3 4 5 6 7 8 9 Manufacturer's product specificarions and installation instructions. Standard color charts. Catalog cuts. Roughing-in diagram and templates. Standard wiring diagrams. Printed performance curves. Operational range diagrams. Mill reports. Standard product operating and maintenance manuals. D. Samples: Samples to be provided for this project including but not limited to the following items: 1. Partial sections of manufactured or fabricated work. 2. Small cuts or containers of materials. 3. Complete units of repetitively-used materials. 4. Swatches showing color, texture and pattern. 5. Color range sets. 6. Units of work to be used for independent inspection and testing. E. Miscellaneous submittals are work-related, non-administrative submittals that do not fit in the three previous categories, including, but not limited to the following: Specially-prepared and standard printed warranties. �" Maintenance agreements. �. Workmanship bonds. Survey data and reports. " Project photographs. � Testing and certification reports. � � —� -�a : , � � �[j�li�1�� n�q�r�� J:S�,�rd�: �•I��`:�i� ='- ��'�r ��''. G� � ° °�� o VV�=/U`'1�UUq Il�a � � � r L. � � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 Record drawings. Field measurement data. Operaring and maintenance manuals. Keys and other security protection devices. Maintenance tools and spare parts. Overrun stock. 1.03 SUBMITTAL PROCEDURES: SECTION 01340 Shop Drawings, Product Data and Samples Page 3 of 8 A. Submit six (6) copies, of shop drawings, layouts, manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals shall 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. B. 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 of his work. The Contractor shall check and verify all measurements and review submittals prior to 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. Two (2) copies of the approved submittals shall be retained by the Contractor until completion of the project. C. Coordination: Coordinate the preparation and processing of submittals with the performance of the work. Coordinate each separate submittal with other submittals and related activities such as testing, purchasing, fabrication, delivery and similar activities that require sequential activity. Coordinate the submittal of different units of interrelated work so that one submittal will not be � delayed by the Engineer's need to review a related submittal. The Engineer reserves the right to withhold action on any submittal requiring coordination with other submittals until related submittals are forthcoming. � . D. Coordination of Submittal Times: Prepare and transmit each submittal to the Engineer sufficiently in advance of the Scheduled performance of related work and other applicable activities. Transmit ", different kinds of submittals for the same unit of work so that processing wi(1 not be delay,e�,by� � � Engineer's need to review submittals concurrently for coordination. ' - _—; �, � �-,,.,;=::��.��;;��;; \, `j I� 'u I;��: IJ �:i:L �':!S.; `"cJ U;.,t "/ ��1�'�l ��:: `��?1� �o �G��p �[�z � Meadowbrook Elevated Tank �' KHA No. 06 1 0 1 8006 �" November, 1999 SECTION 01340 Shop Drawings, Product Data and Samples Page 4 of 8 �. E. Review Time: Allow sufficient time so that the installation will not be delayed as a result of the time L; required to properly process submittals, including time for re-submittal, if necessary. Advise the Engineer on each submittal, as to whether processing time is critical to the progress of the work and �,., if the work would be expedited if processing time could be shortened. All attempts will be made to � review submittals within two weeks from the time of receipt. F. Submittal Preparation: Mark each submittal with a permanent label for identification. Provide the following information on the label for proper processing and recording of action taken. � � � r-. L r� � a. Project name. b. Date. c. To: d. From: e. Names of subcontractor, manufacturer and supplier. f. References. g. Category and type of submittal. h. Submittal purpose and description. i. Submittal and transmittal distribution record. j. Signature of transmitter. k. Contractor's certi�cation stating that the information submitted complies with the requirements of the Contract Documents, with a place for the Contractor's signature. Record relevant information and requests for data on the transmittal form. On the transmittal � form, or on a separate sheet attached to the form, record deviations from the requirements of the � Contract Documents, if any, including minor variations and limitations. ^ �^„ ,.-. ^... I(..�I �J �U Il��.''U��_�!� UcIS��."'�r'iJcl�� 'G��1� U Uo UVtJ'V'�1uuu� IIL74�o 1 2 3 4 6 7 8 9 10 11 Project name. Date. Name and address of Engineer. Name and address of Contractor. Name and address of subcontractor. Name and address of supplier. Name of manufacturer. IVumber and titte of appropriate specification section. Drawing number and detail references, as appropriate. Similar definitive information as necessary. Provide a space on the label for the Contractor's review and approval markings, and a space for the Engineer's "Action" marking. G. Submittal Transmittal: Package each submittal appropriately for transmiltal and handling. Transmit each submittal from the Contractor to the Engineer, and to other destinations as indicated, by use of a transmittal form. Submittals received from sources other than the Contractor will not be returned to the sender and no action will be taken by the Engineer. 1. Transmittal Form: Prepare a draft of a transmittal form and submit to the Engineer for acceptance. Provide on the form places for the following information: � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 1.04 SPECIFIC SUBMITTAL REQLTIIZEMENTS: A. General: Specific submittal requirements for individual units of work are specified in the applicable specification section. Except as otherwise indicated in the individual specification sections, comply wit}r the requirements specified herein for each type of submittal. SECTION 01340 Shop Drawings, Product Data and Samples Page 5 of 8 Where it is necessary to provide intermediate submittals between the initial and final submittals, provide and process intermediate submittals in the same manner as for initial submittals. � B. Shop Drawings: Information required on shop drawings includes dimensions, identification of specific products and materials which are included in the work, compliance with specified standards and notations of coordination requirements with other work. Provide special notation of dimensions that have been established by field measurement. Highlight, encircle or otherwise indicate deviations from the contract documents on the shop drawings. 1. Coordination Drawin�s: Provide coordination drawings where reqtured for the integration of the r` work, including work first shown in detail on shop drawings or product data. Show sequencing , and relationship of separate units of work which must interface in a restricted manner to fit in the space provided, or function as indicated. Coordination drawings are considered shop drawings and must be definitive in nature. 4� Refer to Division-5 and Division-16 sections for additional genei•al requirements applicable to shop drawings for metals, coatings, and electrical work, respectively. 2. Do not permit shop drawing copies without an appropriate final "Action" marking by the Engineer to be used in connection with the work. r. � C. Product Data: General information required specifically as product data includes manufacturer's standard printed recommendations for application and use, compliance with recognized standards of trade associations and testing agencies, and the application of their labels and seals (if any), special notation of dimensions which have been verified by way of field measurement, and special coordination requirements for interfacing the material, product or system with other work. 1. Refer to Division-16 sections for additional general requirements applicable to product data for metals, coatings, and electrical work respectively. 2. Preparation: Collect required product data into a single submittal for each unit of work or system. Mark each copy to show which choices and options are applicable to the project. Where product data has been printed to include information on several similar products, some of which are not required for use on the project, or are not included in this submittal, mark the copies to show clearly that such information is not applicable. � � � Where product data must be specially prepared for required products, materials or systems, because standard printed data is not suitable for use, submit data as "shop drawings" and not as "product data" . ' ��B��Q� �'�C�J�� 8� �� , °� �o UUL/�'�11119 tl�o � Meadowbrook Elevated Tank � KHA No. 061018006 November, 1999 � SECTION 01340 Shop Drawings, Product Data and Samples Page 6 of 8 3. Submittals: Product data submittal is required for information and record and to determine that the products, materials and systems comply with the provisions of the contract documents. Therefore, the initial submittal is also the final submittal, except where the Engineer observes that there is non-compliance with the provisions of the contract documents and returns the submittal to the Contractor marked with the appropriate "Action". Provide a preliminary single-copy submittal where required, for selection of options by the Engineer. a. Submittal: Except as otherwise indicated in individual sections of these specifications, submit 3 copies of each required product data submittal, plus 2 additional copies where required for maintenance manuals. The Engineer will retain one copy, and will return the other marked with "Action" and corrections or modifications as required. b. Do not submit product data or allow its use on the project, until compliance with the requirements of the contract documents has been confirmed by the Contractor. 4. Installation Copy: Do not proceed with installation of materials, products and systems until a copy �- � of product data applicable to the installation is in the possession of the installer. Do not permit � the use of unmarked copies of product data in connection with the performance of the work. D. Samples: Submit samples for the Engineer's visual review of general generic kind, color, pattern, and texture, and for a final check of the coordination of these characteristics with other related elements of the work. Samples are also submitted for quality control comparison of these characteristics between the final sample submittal and the actual work as it is delivered and installed. �` � � � � 1. Refer to individual work sections of these specifications for additional sample requirements, which may be intended for examination or testing of additional characteristics. Compliance with other required characteristics is the exclusive responsibility of the Contractor; such compliance is not considered in the Engineer's review and "Action" indication on sample submittals. 2. Documentation required specifically for sample submittals includes a generic description of the sample, the sample source or the product name or manufacturer, compliance with governing regulations and recognized standards. In addition, indicate limitations in terms of availability, sizes, delivery time, and similar limiting characteristics. 3. Refer to Division-5 and Division-16 sections for additional general requirements applicable to samples for metals, coatings, and electrical work, respectively. 4. Preparation: Where possible provide samples that are physically identical with the proposed material or product to be incorporated in the work; provide full scale, fully fabricated samples cured and finished in the manner specified. Where variations in color, pattern, or texture are inherent in the material or product represented by the sample, submit multiple units of the sample (not less than 3 units), which show the approximate limits of variations. Where samples are specified for the Engineer's selection of color, texture or pattern, submit� a _ u(��D��C�� '��uG'D �0�( ��GQ�� 'o�f��lnl� �[�o � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 �� SECTION 01340 Shop Drawings, Product Data and Samples Page 7 of 8 choices for the material or product. Mount, display, or package samples in the manner specified to facilitate the review of indicated qualities. Prepare samples to match the Engineer's sample where so indicated. 5. Submittal: At the Contractor's option, and depending upon the nature of the anticipated response from the Engineer, the initial submittal of samples may be either a preliminary submittal or a final submittal. .� a. Preliminary Submittal: Submit 1 set of samples where requirements indicate the Engineer's - selection of color, pattern, texture or similar characteristics from a manufacturer's range of standard choices is necessary. Preliminary submittals will be reviewed and returned with the Engineer's "Action" marking. � b. Final Submittals: Submit 3 sets of samples in the final submittal, one set will be returned. c. Distribution of Samples: Maintain the final submittal sets of samples, as returned by the Engineer, at the project site, available for quality control comparisons throughout the course of performing the work. In addition, final submittal sets may be used to obtain final acceptance of the work associated with each set. ~" E. Miscellaneous Submittals: � 1. Inspection and Test Reports: Classify each inspection and test report as being either "shop drawing" or "product data" depending on whether the report is specially prepared for the project, � or a standard publication of workmanship control testing at the point of production. Process inspection and test reports accordingly. �� i � � � 2. Warranties: Refer to section "Products and Substitutions" for specific general requirements on warranties, product bonds, workmanship bonds and maintenance agreements. In addition to copies desired for the Contractor's use, furnish 2 executed copies of such warranties, bonds or agreements. Provide 2 additional copies where required for maintenance manuals. 3. Standards: Where submittal of a copy oti standards is indicated, and except where copies of standards are specified as an integral part of a"Product Data" submittal, submit a single copy of standards for the Engineer's use. Where workmanship, whether at the project site or elsewhere is governed by a standard, furnish additional copies of the standard to fabricators, installers and others involved in the performance of the work. 4. Closeout Submittals: Refer to section "Project Closeout" and to individual sections of these specifications for specifc submittal requirements of project closeout information, materials, tools, and similar items. a. Record Documents: Furnish 1 set of record documents as maintained on the project site. Refer to Section 01720 for a description of the Record Document requirements. " b. Operatin� and Maintenance Data: Furnish bound copies of operating data and maintenance ` manuals in accordance with the supplemental conditions.. . ' '��'G�G�� G'��'J°?� � r�� 'CQ ° °� f�o �ICoJ`�`��o �C�o � � Meadowbrook Elevated Tank KHA No. 06 1 0 1 8006 November, 1999 ' SECTION 01340 Shop Drawings, Product Data and Samples Page 8 of 8 � c. Materials and Tools: Refer to individual sections of these specifications for required quantities of spare parts, extra and overrun stock, maintenance tools and devices, keys, and similar physical units to be submitted. �_ ■- 5. General Distribution: Provide additional distribution of submittals to governing authorities, and others as necessary for the proper performance of the work. Include such additional copies of submittals in the transmittal to the Engineer where the submittals are required to receive "Action" marking before final distribution. Record distributions on transmittal forms. 1.05 ENGINEER'S ACTION: � A. General: Except for submittals for the record and similar purposes, where action and return on submittals is required or requested, the Engineer will review each submittal, mark with appropriate "Action", and re�rn. Where the submittal must be held for coordination, the Engineer will so advise the Contractor. !'" Action Stamp: The Engineer will stamp each submittal to be returned with a uniform, self- , explanatory action stamp, appropriately marked and executed to indicate whether the submittal returned is for unrestricted use, fina!-but-restricted use (as marked), must be revised and resubmitted '' (use not permitted) or without action (as explained on the transmittal form). � PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECiJ'I'ION (Not Applicable) END OF SECTION t � � ' l;: ' u�I�OC�9l�� '�C�GG�� I! U��V D 6� 1 �� VUV�1`��IIUp ��o � � Meadowbrook Elevated Tank � KHA No. 061018006 IVovember, 1999 r^ � � .. � PART 1 - GENERAI. 1.01 DESCRIPTION: SECTION 01500 Construction Facilities and Controls Page 1 of 3 A. Work Included: Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: 1. Temporary utilities such as water, electricity, and telephone; 2. Field o�ce for the Contractor's personnel; 3. Sanitary facilities; 4. Enclosures such as tarpaulins, barricades, and canopies; 5. Temporary fencing of the construction site; 6. Project sign; 7. Security; 8. Water, erosion, sediment, and dust control; 9. Removal. B. Related Work: l. Documents affecting work of this Section include, but are not necessarily limited to, General ^ Conditions, Supplementary Conditions, Special Conditions and Sections in Division 1 of these y�, Specifications. � 2. Except that equipment furnished by subcontractors shall comply with requirements of pertinent safery regulations, such equipment normally furnished by the individual trades in execution of their own portions of the Work are not part of this Section. � 3. Permanent installation and hookup of the various utility lines are described in other Sections. C. Work Included: The General Contractor shall provide temporary power, water service and telephone with a fax to the Field Of�ce. 1.02 PRODUCT HANDLING: A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. PART 2 - PRODUCTS 2.01 iJTILITIES: A. Water: 1. Provide necessary temporary piping and water supply and, upon completion of the Work, remove such temporary facilities. � � ��C��D�G�I�� <C��u°�D �D�i ��G�� ° G�� f��o �'IC�G'�bo ��o _ �. � r � � � r"' Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 2. Provide and pay for water used in construction. B. Electricity: SECTION 01500 Construction Facilities and Controls Page 2 of 3 1. Provide necessary temporary wiring and, upon completion of the Work, remove such temporary facility. 2. Provide and pay for electricity used in construction. C. Telephone: ` l. Make necessary arrangements and pay costs for installation and operation of telephone service to the Contractor's office at the site. 2. Make the telephone available to the Engineer for use in connection with the Work. 2.02 FIELD OFFICES AND SHEDS: A. Contractor's facilities: 1. Provide a field o�ce building and sheds adequate in size and accommodation for Contractor's offices, supply, and storage. 2.03 DEWATERING: � A. For the entire duration of the Contract, the Contractor, at his expense, shall keep all parts of the project site, including excavations, free from any accumulation of water, regardless of the source or cause of such water, by adequate trenching and pumping as required. � B. Pumping shall include adequate pumps, hose strainers, and other appurtenances, fuel, power, trenching, erosion control facilities, and pumping as required. � C. Water shall be disposed of in such a manner as will not endanger public health or cause damage or ' expense to public or private property, and in accordance with the requirements of any public agencies - having jurisdiction. If sewers and streets are used for drainage or the disposal of water during construction, they shall be maintained and left saUsfactorily clean upon the completion of the work. �. 2.04 ENCLOSURES: � ' A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations. , � ��G01�� G'�� `�D �G��l'(r ��°�� o ��'��o ��o �. L Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 2.05 TEn�IPORARY PROTECTION: SECTION 01500 Construction Facilities and Controls Page 3 of 3 A. The Contractor or subcontractors shall also be responsible for protecting his work from damage due to the weather. 2.06 PROJECT SIGNS: A. Manufacture one standard job sign as referenced in the construction details which originated with the City of Fort Worth Water Department Standard Specificarions for ConstrucUon. Mount at the job site where directed by the Engineer or as shown in the construction documents. B. Except as otherwise specifically approved by the Engineer, do not permit other signs or advertising on the job site. PART 3 - EXECUTION 3.01 MAINTENANCE AND REMOVAL: A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, or as directed by the Engineer. 3.02 PROTECTION A. Provide spare safety helmets and enforce their use by Owner, Engineer, their representatives and authorized visitors to the site. END OF SECTION ' 1 � � ' ��f��G�:� �?L��J�� a�� [�QQ� �o VVUII:IIIlU9 U�o � Meadowbrook Elevated Tank � KHA No. 061018006 November, 1999 � � � � � � � � � � �� ' PART 1 - GENERAI, 1.01 DESCRIPTION: A. Work Included: SECTION 01720 Project Record Documents Page 1 of 5 1. Throughout progress of the Work, maintain an accurate record of changes in the Contract Documents, as described in Article 3. I below. 2. Upon complerion of the Work, transfer the recorded changes to a set of Record Documents, as described in Article 3.2 below. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, Special Conditions and Sections in Division 1 of these Specifications. 2. Other requirements affecting Project Record Documents may appear in pertinent other Sections of these Specifications. 1.02 QUALITY ASSURANCE: A. Delegate the responsibility for maintenance of Record Documents to one person on the Contractor's staff as approved by the Engineer. B. Accuracy of records: 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other pocuments where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. C. Make entries within 24 hours after receipt of information that the change has occurred. 1.03 SUBMITTALS: A. Record Documents shall be in accordance with the Special Conditions D-23 (Record Drawings). B. Comply with perrinent provisions of Section 01340. C. The Engineer's approval of the current status of Project Record Documents may be a prerequisite to the Engineer's approval of requests for progress payment and request for final payment under the Contract. � u'��G��:� �'��U�� C�� G�� c� IP11.. � 1`1�q ��o ......�� Meadowbrook Elevated Tank � KHA No. 061018006 November, 1999 r�: SECTION 01720 Project Record Documents Page 2 of 5 D. Prior to submitting each request for progress payment, secure the Engineer's approval of the current status of the Project Record Documents. E. Prior to submitting request for final payment, submit the final Project Record Documents to the Engineer and secure his approval. 1.04 PRODUCT HANDLING: A. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage unril completion of the Work and transfer of all recorded data to the final Project Record Documents. B. In the event of loss of recorded data, use means necessary to again secure the data to the Engineer's approval. 1. Such means shall include, if necessary in the opinion of the Engineer, removal and replacement of concealing materials. 2. In such case, provide replacements to the standards originally required by the Contract Documents. � '� PART 2 - PRODUCTS 2.01 RECORD DOCUMENTS: A. Job set: Promptly following receipt of the Owner's Notice to Proceed, secure from the Engineer at no charge to the Contractor one complete set of all Documents comprising the Contract. B. Final Record Documents: At a time nearing the completion of the Work, secure from the Engineer at no charge to the Contractor one complete set of sepia transparencies of all Drawings in the Contract. PART 3 - EXECUTION 3.01 MAINTENANCE OF JOB SET: A. Immediately upon receipt of the job set described in Paragraph 2.01-A above, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". B. Preservation: r^ � 1. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these '° activities will be performed, devise a suitable method for protecting the job set to the a�proval of �„ the Engineer. - � �� r�� J��r �� . u �GO� �G�� V�_�.: � �� ' ��ll ��uG?[� " °1J �o UVV �='�Illlp U�o _ � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 � C � SECTION 01720 Project Record Documents Page 3 of 5 2. Do not use the job set for any purpose except entry of new data and for review by the Engineer, until start of transfer of data to final Project Record Documents. 3. Maintain the job set at the site of Work as that site is designated by the Engineer. C. Making entries on Drawings: 1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. 2. Date all entries. 3. Call attention to the entry by a"cloud" drawn around the area or areas affected. 4. In the event of overlapping changes, use different colors for the overlapping changes. D. Make entries in the pertinent other pocuments as approved by the Engineer. E. Conversion of schematic layouts: 1. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, is shown schematically and is not intended to portray precise physical layout. a. Final physical arrangement is determined by the Contractor, subject to the Engineer's approval. r v � b. However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. 2. Show on the job set of Record Drawings, by dimension accurate to within one inch, the centerline of each run of items such as are described in subparagraph 3.01-E-1 above. a. Final physical arrangement is determined by the Contractor, subject to the Engineer's approval. b. Show, by symbol or note, the vertical location of the Item (°under slab", "in ceiling pfenum", "exposed", and the like). c. Make all identification sufficiently descriptive that it may be related reliably to the Specifications. '"' 3. The Engineer may waive the requirements for conversion of schemaUc layouts where, in the Engineer's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the Engineer. � ' ;:��V��l�� G��Gu°'D �� ' ��G�� f�o �GG'��Jo �o � � r Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 3.02 FINAL PROJECT RECORD DOCLJMENTS: SECTION 01720 Project Record Documents Page 4 of 5 A. 'The purpose of the final Project Record Documents is to provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation, and examination. B. Approval of recorded data prior to transfer: 1. Following receipt of the transparencies described in Paragraph 2.01-B above, and prior to start of transfer of recorded data thereto, secure the Engineer's approval of all recorded data. L 2. Make required revisions. C. Transfer of data to Drawings: l. Carefully transfer change data shown on the job set of Record Drawings to the corresponding transparencies, coordinating the changes as required. � � C 2. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items described in subparagraph 3.01-I above. 3. Call attention to each entry by drawing a"cloud" around the area or areas affected. 4. Make changes neatly, consistently, and with the proper media to assure longevity and clear reproduction. D. Transfer of data to other pocuments: I. If the Documents other than Drawings have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the Engineer, the job set of those Documents other than Drawings will be accepted as final Record Documents. 2. If any such Document is not so approved by the Engineer, secure a new copy of that Document � from the Engineer at the Engineer's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the Engineer. ; E. Review and submittal: 1. Submit the completed set of Project Record Documents to the Engineer as described in Paragraph 1.03-D above. 2. Participate in review meetings as required. n , 3. Make required changes and prompdy deliver the final Project Record Documents to the Engineer. -. , � U��O�� 6`��VU�� C�6�11 ��Ce , � � I�. �o�G�b, �� Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 SECTION 01720 Project Record Documents Page 5 of 5 r� � 3.03 CHANGES SUBSEQUENT TO ACCEPTANCE: � A. The Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from work performed under Warranty. � � 1 � ' , ' , 1 , 1 ' ' ' END OF SECTION �� 8� BG�� C�� C�O� �� °� �, 7VVGM�� r � Meadowbrook Elevated Tank KHA No. 06 1 0 1 8006 November, 1999 SECTTON 09910 Steel Water Storage Tank Painting Page 1 of 12 PART 1 - GENERAI. 1.01 RELATED DOCUMENTS A. General provisions of contract, including General and Special Conditions, apply to work of this section. 1.02 DESCRIPTION OF WORK A. This item will consist of repair and preparation of surfaces to be painted, application of spot interior or complete interior and total exterior paint systems, paint system materials and disinfection of surfaces which contact potable water. 1.03 REFERENCES A. STEEL STRUCTURES PAINTING COUNCIL'S Steel Structures Painting Manual and specifications contained within shall be referred to as SSPC. B. AMERICAN WATER WORKS ASSOCIATION Standards shall be referred to as AWWA. C. AMERICAN SOCIETY FOR THE 1`ESTING OF MATERIALS standards and specifications shall be referred to as ASTM. D. U.S. ENVIRONMENTAL PROTECTION AGENCY shall be referred to as EPA. 1.04 DEFINITIONS Interior surfaces include the underside of the roof, girders, rafters, columns, pipes, floor, dry riser, pipe gallery, appurtenances within the tank barrel, wall, inner surface of the shell, and the inside of the tank overflow and influent structures. 1.05 SYSTEM DESCRIPTION A. Paint Removal: Contractor shall fully remove existing paint and coatings from all surfaces of the structure to be repainted. All paint removal, handling and disposal shall be performed in accordance with all applicable state and federal regularions. Removal of lead base coatings shall comply with Section 09940, Rerrtoval of Lead Base Coatings. B. Surface Preparation: Contractor shall prepare all surfaces for painting in accordance with the SSPC Steel Structures Painting Manual except as amended herein. The finished quality of the interior surface preparation within the tank bowl shall conform to SSPC - SP10, °Near � 1 , U��O�� UG�@ C�O� ��'CG� ° °�l f�, �GG?�b, B�3a � � � � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 �� SECTION 09910 Steel Water Storage Tank Painting Page 2 of 12 White Blast Cleaning. ° The finished quality of the exterior surface preparation shall conform to SSPC - SP6, "Commercial Blast Cleaning." All surfaces other than those inside the tank bowl shall be considered exterior surfaces. PaintinQ: Interior surfaces shall be painted with a 2-coat epoxy system and the exterior surface shall be painted with a 3-coat epoxy/polyurethane system. All Paint shall conform to current state and federal regulations applicable to Volatile Organic Compounds (VOC's). L 1. Interior Painring System: Shall conform to AWWA Standard D102 for Inside Paint � System No. 1, AWWA C210-84 and be acceptable for Potable Water Service by the EPA. Minimum dry film thicknesses and total dry film thickness shall be per the manufacturers recommendation and shall comply with the requirements of AWWA �^^ D 102. � C�' O � � � r � � 2. Exterior Painting System: Shall be an epoxy primer/polyurethane finish system with a total dry film thickness per the manufacturers recommendation. First and 2nd Coats shall be High Solids, high-build epoxy-polyamide coating. Third Coat shall be an Aliphatic Acrylic Polyurethane gloss/high-build coating. Colors shall be selected by Owner. Top coat shall be fade-resistant; apply encapsulating sealant as required if this option is selected by the Owner. 3. Concrete Base Sealing and Coating: Shall be high-performance, exterior, VOC compliant, two-component, 100%o solids high-build epoxy paste for sealing the tank base with a minimum dry film thickness of 40 mils. 1.06 SUBMITTALS A. ShroudinQ: Contractor shall submit to the Engineer a written plan describing the type and performance of the proposed shrouding method. Performance data shall include time required to raise and lower shroud, containment efficiency and maximum wind conditions (gust and sustained) for effective operation. This submittal shall be for informational purposes only. Review of this submittal shall not constitute approval of the proposed method nor place any responsibility for the same upon the Engineer. Due to tank location near TxDOT Right-of-Way and adjacent houses, the Contractor shall at all times provide shrouding for all blasting and painting operations for dust and overspray control. B. Environmental Controls: Contractor shall submit to the Engineer a written plan describing environmental humidity and temperature climate controls for the tank interior. Submittal shall include equipment rype, size, and power requirements. This submittal shall be for , U��O� Q�� '�'��G�'� ��'� ��G�G�� VN� 9G�IIY�UUYy Ul5l/�1. � �I� L G�i Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 SECTION 09910 Steel Water Storage Tank Painting Page 3 of 12 informational purposes only. Review of this submittal shall not constitute approval of the proposed method nor place any responsibility for the same upon the Engineer C. Blast Cleaning: Contractor shall submit to the Engineer a written plan describing the materials and methods proposed for use in blast cleaning. A separate submittal shall be made for each method proposed. D. Paint: Contractor shall submit to the Engineer the manufacturer's technical information ^' including paint label analysis and application instructions for each material to be used. In � addition, Contractor shall submit color samples for review of color and texture. � E. Paint Substitutions: As part of the proof of equality, the Engineer may require at the cost of the Contractor cerUfied reports from a nationally known reputable and independent testing laboratory conducting comparative tests as directed by the Engineer between the product �" specified and the requested substituUon. Two comparative tests shall have been made within � two years prior to award of contract. � F. General: The Contractor shall submit to the Engineer, prior to substantial completion of the � project, certification from the manufacturer indicating that the quantity of each coating purchased was sufficient to properly coat all surfaces. Such certification shall make reference � to the square footage figures provided to the manufacturer and the Engineer by the Contractor, 1.07 A � L�J �' 1 : DELIVERY, STORAGE AND HANDLING All materials shall be brought to the job site in the original sealed and labeled containers of the paint manufacturer, and shall be subject to inspection by the Engineer on the job. Paint shall be stored in a secured area in compliance with paint manufacturer's recommendation. C. The Contractor shall use one convenient location for keeping all materials and doing all mixing, etc. Oily rags and waste shall be frequently removed, and under no circumstances shall they be allowed to accumulate. D. All empty paint containers shall remain on the job site until such time as painting is complete and shall be subject to inspection by the Engineer on the job. ��d �°?��°�� 'G�� 1i171�JU��W� �ISW� � � � � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 1.08 ENVIRONMENTAL CONTROL CONDITIONS SECTION 09910 Steel Water Storage Tank Painting Page 4 of 12 A. Exterior Coatings - All coating systems shall be applied with strict comp(iance to the manufacturer's recommendations. A manufacturer's representative shall be made available for interpretation of application requirements. The manufacturer's representative shall visit the job site weekly to verify proper application. 1.09 WARRANTY A paint manufacturer's representative shall be made available for an inspection annually for two years from the date of final acceptance of the project by the Owner at no cost to the Owner. The maintenance and/or warranty period stipulated within the contract documents shall remain in force. PART 2 - PRODUCTS 2.01 MANUFACTLTRERS A. Materials specified are those that have been evaluated for the specific service and establish a standard of quality. Equivalent materials of other manufacturers may be submitted on written approval of the Engineer. Refer to Part 1.07.E for other requirements. B. Requests for substitution shall include manufacturer's literature for each product giving name, product number, generic type, descriptive information, solids by volume, recommended dry film thickness and certified lab test reports showing results to equal the performance criteria of the products specified herein. In addition, a list of five projects shall be submitted in which each product has been used and rendered satisfactory service. Exterior color shall be as approved by the Fort Worth Water Department. � �� ,. , �� C. Epoxy Seam Sealants: Sikaflex-IA, Tnemec 62-1400. D. Paint and Thinners: All Paint and Thinners will be from the same manufacturer. 1. Interior Coatin�s: Interior Coatings must be ANSI/NSF Std. 61 approved for potable water storage. Surface Preparation: SSPC-SP 10 Near White Metal Blast Cleaning. ��f�OC�O�� °��C�� 0� �� GG�(�;IQ�I �. �G��b, �f�3, � � � � � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 lst Coat: Stripe Coat: 2nd Coat SECTTON 09910 Steel Water Storage Tank Painting Page 5 of 12 a. Tnemec Series 20-1255 (or Series FC20) Beige Pota-Pox primer. Tnemec No. 4 thinner. b. Sherwin-Williams Epoxide 33/34 (or Epo3cide II) Ceramic Buff. Sherwin-Williams Reducer #I55. c. Carboline Super Hi-Gard 891 (or Super Hi-Gard 894) Tan. Carboline thinner #2 or #33. After applying the first coat and prior to applying the second coat, all weld seams must be brushed with a coat of primer. The primer shall be of the same series and manufacturer used for the first coat however, the color shall be in contrast with the first coat. Thin the primer and apply according to the manufacturers recommendation. a. Tnemec Series 139-AA90 White Pota-Pox Finish. Tnemec No. 2 Thinner. b. Sherwin-Williams Epoxide 33/34 (or Epoxide II) Ceramic White. Sherwin-Williams Reducer #155. c. Carboline Super Hi-Gard 891 (or Super Hi-Gard 894) White. Carboline thinner #2 or #33. 2. Exterior Coatings: Surface Preparation: SSPC-SP6 Commercial Blast Cleaning. All rough edges, weld seams and sharp corners shall be ground to a curve. Colors to be selected by the owner. 1 st and 2nd Coats: a. Tnemec Series 66 Hi-Build Epoxoline. Tnemec No. 4 Thinner. b. Sherwin-Williams Recoatable Epoxy Primer. Sherwin-Williams Reducer #54. c. Carboline Super Hi-Gard 891 (or Super Hi-Gard 894), Carboline thinner #2 or #33. � u ��C��l�� G°�D �8�' ��G�� ° G�� , �G!�N�� . � L Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 3rd Coat: SECTION 09910 Steel Water Storage Tank Painting Page 6 of 12 a. Tnemec Series 74 Endura-Shield. Tnemec No. 39 Thinner. b. Sherwin-Williams Poly-Lon 1900. Sherwin-Williams Reducer # 132. � � 2.02 EQiJIPMENT c. Carboline Carbothane 134 HS. Carboline thinner #214, #25 or #215. A�itator: The Contractor shall provide a suitable mechanical agitator and shall agitate all �'' paint until proper dispersion of materials is secured. All paint ingredients shall be in a �.., satisfactory dispersed condition at the time of application. Use equipment that conforms to �„' the paint manufacturers requirements. � 2.03 MATERIALS °`� A. Blast Cleaning Abrasives: Blasting shall be done with an abrasive material of non-silica �,; composition. This abrasive material shall be clean, dry, and free of clay particles and other extraneous matter and shall include a dust emission reducer, "Dustnet" or approved equal. � The abrasive material must be approved by the Owner's representative before blasting is begun. C � C Compressed Air used for blasting shall be free of detrimental amounts of water and oil. Adequate traps and separators shall bz provided at the compressor. A Rust Inhibitor compatible with the coating systems shall be included in water for wet blasting. PART 3 - EXECVTION The Contractor and all workmen employed by him shall conduct all operations in a clean and � sanitary manner and in conformance with all aspects of the General Conditions. Contractor shall at all times provide dust and overspray controls for blasting and painting operations. 3.01 SURFACE PREPARATION I' �..� ; JI A. All surfaces shall be prepared in accordance with the paint manufacturer's recommendations and as a minimum shall be cleaned free of all old paint, rust, corrosion, mill scale, oil and grease. During the cleaning or other operations inside the structure, all interior controls, � u��0��.p�4:'�� G��D �� 5�!G� ° c� (�o �1C�)r'.l�o �l�{o � � � Meadowbrook Elevated Tank KHA No. 06 1 0 1 8006 November, 1999 SECTION 09910 Steel Water Storage Tank Painting Page 7 of 12 II v l� floats, cathodic wiring, etc., to remain must be removed, and a cover shall be provided over the entrance of all pipes to prevent foreign matter from entering the pipes. B. After the interior and exterior surface have been cleaned to a SSPC SP-6, it shall be inspected by the Owner for any required structural repairs, and these areas shall be so marked as to enable repairs to be made. Such repairs will include, but are not limited to, leaks at riveted or welded seams, the interior ladder and controls. Epoxy seam sealer shall be used to seal all cracks and crevices which are not 100% sealed against moisture intrusion. Such places shall include, but not limited to, the structural roof supports, and bolt connections. � C. Spot Cleaning: All rust, peeled or cracked paint, overspray, runs, sags and non-adherent � paint shall be removed. All exposed edges of the remaining paint shall be feathered, and spot cleaning shall be conducted in a manner to minimize damage to sound material. All foreign matter shall be removed from seams, pickets, joints and the bottom of the columns and plates. , D. In the case of new construction, the Contractor has the following option: the surface preparation may be done by acid treatment, and primer immediately following, or the surface ' preparation may be done by blast cleaning and primer immediately following. The cleaning �,,,;, and priming shall be done in the shop. E. All surfaces to be painted shall receive a final brush blast immediately before applying the initial coating. The time limit between final blasting and initial coating shall be in accordance with the manufacturer's recommendations, and in no case shall this time period exceed two hours. � � � 0 � 3.02 REPAIltS A. Pit and Seam WeldinQ: Pit welding shall include all pits with a depth equal to or greater than 1/2 the thickness of the plate. All other corrosion shall be repaired and seams rewelded as necessary to prevent future leaks and to protect the integriry of the coating system. B. Surface Grindin�: The Contractor shall grind and round all sharp edges created as a result of structural repairs or other work related to this contract. C. Weld Grindin�: All welds shall be continuous, ground to a curve and free of porosity, pockets, high spots, rough projections and ripples to provide a coatable surface. All welds shall be blended smoothly into plate surface. All weld slag, splatter and flux shall be removed. � (��D�GDi��P� G��G� °�D �� v` ��G�� ° Q� f�. �C'�b, ��{, _ _. J i� r � ., � � � � � � ' Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 3.03 APPLICATION SECTION 09910 Steel Water Storage Tank Painting Page 8 of 12 A. Ventilation: The Contractor must provide adequate reverse chimney effect forced air ventilation while painting or coating the interior surfaces of a tank. The ventilation shall be adequate to remove fumes, prevent the possibility of an accumulation of volatile gases, protect workmen and prevent damage to the tank. The Contractor shall be held financially responsible for all damage to the tank caused by inadequate ventilation. B. NL�xing: Splitting paint kits and mixing of partial Idts is not allowed. Mix only whole kits and discard any leftover paint. Mixing of all coatings must be performed in strict compliance with the manufacturer's recommendations. C. General Application: All paint and finishing materials shall be applied by skilled workmen and shall be brushed or sprayed in even, thorough coats without runs, crazing, sags or other blemishes. All coats, regardless of material, shall be thoroughly dry before applying succeeding coats. Full drying time as recommended by the manufacturer of the particular paint involved shall be allowed between coats. All products shall be applied in strict accordance with the manufacturer's recommendations. Painting systems shall be applied by one or more of the following described methods. However, spray application will not be permitted for exterior surfaces unless the Contractor contains overspray by a method acceptable to the Engineer. D. Brush Application: Only top qualiry hog hair or synthetic bristle brushes shall be used. All paint shall be applied so as to form a uniform film of a thickness which is consistent with the specified coverage for the paint being used. Sufficient cross brushing shall be used to insure filling of all surface irregiilarities and complete coverage. Particular care shall be used in painting corners and other restricted places to obtain uniform application. All final brushing strokes shall be made in the same direction and toward the previously applied paint. E. Roller Application: Rollers used for applying coatings shall be of the highest quality and must be kept as clean as possible at all times. Any coating rolled on must form a uniform film and must give the same end results as a brushed on coat. Rolling shall be supplemented by brushing in areas where rolling could not give complete coverage, such as corners, edges, welds, crevices, bolts, rivets or other irregular surfaces. F. Spray Application: When paint is applied by spraying, the air gun used shall be adjustable for regulation of the air and paint mixture. Tl�e equipment shall have a suitable water trap to remove moisture present in the compressed air. Paint pots shall be equipped with a hand agitator to keep the paint well mixed. All equipment shall be thoroughly cleaned at the end of each day's work. The width of the spray shall be not less than twelve (12) inches nor more than eighteen (18) inches. The pressure shall be suitable for type of paint used. r. � ��'�u��OG�� 6��C��uG�a �00 ll rJlS��US ° c U �0 17Ul�lll•,�Utl� ��e � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 SECTTON 09910 Steel Water Storage Tank Painting Page 9 of 12 Frequent checks shall be made to insure maintenance of correct spreading rate; care shall be taken to see that edges, corners, and bolt heads are completely covered, and that there has been no bridging over the iilm. Airless spray application is acceptable with prior approval of the Engineer. � G. Cleanup: At the completion of the work, the Contractor shall clean off all paint spots, oil and • stains from surfaces and leave the entire project in a satisfactory condition. Special attention shall be given to the tank foundation in that it shall be protected at all times from paint splatter. Any overlapping of the paint onto the concrete shall be cleaned by grinding or other � methods as approved by the Engineer. a 3.04 DISINFECTION The Contractor is responsible for backflushing, cleaning, and disinfecting the wet riser, �" overflow piping, drain line, and any other piping contaminated with blasting sand or other .� media related to this work. Prior to placing the tank in service, the structure shall be thoroughly disinfected by spray applicarion of a chlorine and water solution as described in � AWWA Specification C652-86, Section 4.2 - Chlorination Method 2. 3.05 FIELD QUALITY CONTROL � �� . ,,, 1 A. General: All work and materials supplied under this specification shall be subject to inspection by the Owner or its representative. All parts of the work shall be accessible to the inspector. The Contractor shall correct such work or replace such material if found defective. Such inspection will not relieve the Contractor of the responsibiliry of ftirnishing qualified labor and materials in strict accordance with the specifications. B. Threshold Inspections: At certain stages in the project the Contractor will not be allowed to proceed until a thorough inspection has been performed by the Owner's representative and the Owner's representative has approved the work up to that point. The following threshold inspections will be required: - Surface Preparation and Repair Completion: After all repairs have been made and surfaces prepared in accordance with these specifications and the coating manufacturer's instructions. The project site or area to be painted (interior or exterior of tank) shall be cleaned and ready for coating operations to begin. - Completion of Each Coat: After each prime coat application and touch up; when the tank is ready to receive the following coat. v��Ol�� '[��G�� C�Ur �� G��G�1� Y Uo VV�J�;UUtl' Y47lNe � � � �' .., Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 SECTION 09910 Steel Water Storage Tank Painting Page 10 of 12 - Substantial Completion: When all work and clean up is completed and prior to contractor moving equipment and manpower off the job. The Contractor will notify the Owner 48 hours in advance of needing threshold inspection. Prior to scheduling the inspection, the Contractor shall have sufficiendy reviewed his work and believe it to be ready for threshold inspection. The cost of additional threshold inspections required because work was not approved at the original threshold inspection will be borne by the Contractor. The threshold inspections will not relieve the Contractor of his responsibility to furnish qualified labor and materials in accordance with the specifications. C. Quality Control Log: The Contractor shall maintain a quality control program to include a daily log and at a minimum the following quality control checks: l. Compressed air blotter test performed at start of day and every four hours. 2. Surface preparation visual checks using SSPC VIS 1-$9. 3. Surface profile checks periodically using Testex Replica Tape. 4. Wet film thickness, periodically as coating is applied using an approved gauge. 5. Dry film thickness, daily and periodically as coating dries, using an Elcometer Thickness gauge or equal. 6. Holidays, daily and periodically as needed using an approved low voltage holiday detector. 7. Environmental condiUon, minimum of twice daily, once prior to beginning work and again every four hours during painting operations: a. Ambient temperature. b. Dew point and relative humidity using a sling Psychrometer and U.S. Weather Bureau Psychometric Charts. c. Steel surface temperatures on at least two opposite sides of tank using surface sensing thermometers. d. Wind speed and direction. 1 � �� GD �'� � G'L�� JG�� : 6�'ti' ��:�G'��Q1� ��o �uc:��, ��o �, � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 SECTION 09910 Steel Water Storage Tank Painting Page 11 of 12 The Contractor's daily log shall be kept on site at all times and be made available for review by the Owner or Owner's representative on demand. A copy of the daily log shall be faxed to the project inspector at the end of each day work is performed. The daily log shall include as a minimum the following information: 1. Date. � � ,.. � � r � � .� � , 2. 3. 4. Name of Contractor. Project Name. Person's Name who Makes Log Entry. 5. Specific Progress - Areas of tank blasted - Repairs made including location - Coatings applied and location - Touch Up work and location 6 7 8 9 Environmental conditions as listed in Paragraph 3.OS.C.7., and the time readings were taken. Locations and results of all quality control checks. Product manufacturer and batch numbers of coatings used that day. Problems encountered and action taken as a result. D. TestinQ Equipment: The Contractor shall furnish an approved type dry mil gauge apparatus to measure the dry film thickness. The Elcometer Thickness Gauge or equal shall be furnished to the Owner for his use. The Contractor shall also furnish to the Owner, for his use, holiday detector devices. Holiday detector devices shall be approved low-voltage type. All of the above inspection gauges shall be furnished and on the job before the Owner will permit painting operations to proceed and shall remain on the job until its completion and acceptance. The Contractor or his representative shall instruct the Owner on the proper use, care and calibration of all such gauges. The above-required testing gauges and calibration materials shall be furnished to Owner and are returnable to the Contractor upon completion of the job. The cost of furnishing all of the above required gauges to the Owner for his use shall be subsidiary to this bid item. u��1�� E�[��D � 0�1 � �� G�C� ; G?`� II Ue UV�;JG'�UUp �L7Wo � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 SECTTON 09910 Steel Water Storage Tank Painting Page 12 of 12 E. Bacteriological TestinQ: Following disinfection, the tank shall be filled and sampled by the Contractor for bacteriological testing, prior to being put into service. The testing shall be as described in AWWA Specification C652-86, Section 4.4 - Bacteriological Sampling and Testing. Results of the test shall be reviewed by the Engineer. Final decision upon the suitability of the disinfection procedure shall rest with the Engineer. Should repeat of the disinfection procedure be required, addiUonal cost of disinfection, testing and water to fill the tank shall be borne by the contractor at no additional cost to the Owner. PART 4 - PAI'1��NT Payment for painting the interior, exterior, and foundation sealing of the existing 2 million gallon elevated storage tank shall be per the lump sum prices bid in the proposal. END OF SECTION � ' ' � � ' ' ' � � �(��Oc�G�� G�D �Ga� ��c�[� ° Q� �, �G'�b, �G�o � � � ' Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 Section 09940 Lead Based Coating Demolition Page 1 of 7 PART1-GENERAL 1.01 RELATED DOCLTMENTS A. General provisions of contract including General and Special Conditions, apply to work of this section. 1.02 DESCRIPTION OF WORK A. This item will consist of the removal of lead or non-lead based coatings from steel reservoirs when a private residence or public area is within 500 ft. of the water storage facility. 1.03 REFERENCES A. STEEL STRUCTURES PAINTING COUNCIL'S Steel Structures Painting Manual and specifications contained within shall be referred to as SSPC. B. AMERICAN WATER WORKS ASSOCIATION Standards shall be referred to as AWWA. C. AMERICAN SOCIETY FOR THE TESTING OF MATERIALS standards and specifications shall be referred to as ASTM. D. U.S. ENVIRONMENTAL PROTECTION AGENCY shall be referred to as EPA. E. AMERICAN NATIONAL STANDARDS INSTITUTE Standards shall be referred to as ANSI standards. F. CODE OF FEDERAL REGULATIONS shall be designated as CFR. G. TEXAS ADMINISTRATIVE CODE shall be designated as TAC. 1.04 SYSTEM DESCRIPTION A. Demolition: All paint removal, handling and disposal shall be performed in accordance with all applicable state and federal regulations and industry standards, including but not limited to the following: l. I.ead Base Coating Removal: ANSI Z88.2, 29 CFR 1910, 29 CFR 1920, and 29 CFR 1926. 2. Identification and Classifications of Wastes: 40 CFR 260, 40 CFR 261, 40 CFR 262. 3. Containment of Lead Base Coatings: SSPC Guide 6I, 30 TAC 111. v(��GOG��'� u�:'��o'G�D � ��1 ��cG� ° °�l� ^ f�o �� M� �{o � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 Section 09940 Lead Based Coating Demolition Page 2 of 7 � 4. Transporting and Disposal of Lead Base Coatings and Contaminants: 40 CFR 263, 40 CFR 264, 40 CFR 265, 40 CFR 268, 49 CFR 171-173, 49 CFR 178. 1.05 SUBMITTALS: A. Experience: The Contractor shall provide to the Owner/Engineer for approval, documentation evidencing experience of a minimum of two years in the lead control, removal and abatement industry including but not limited to a listing of previously completed projects. It is further required that proof must be submitted that all personnel involved in the removal of lead based paint have at least six (6) months experience in this line of work. B. Job Specific Removal and Containment Plan: The Contractor must provide a job specific plan � of the work procedures to be used in the removal and containment of lead containing paint. The plan shall be prepared and submitted prior to beginning the work and shall be subject to approval by the Owner. The plan shall include the following: 1. Detailed work schedule. �. 2. Written quality control program. 3. Written worker health and safety program. 4. Methodology for protection of ground surface adjacent to tank. 0 5. Methodology for collecting, containing and disposing of hazardous materials. 6. Four (4) copies of the technical data sheets for all products such as chemical stripper systems including: a. Manufacturer's name, address and phone number. b. Product description, including but not limited to, basic use, limitations, precautions, recommended application methods specific to this project, and any known environmental hazards or constraints. 7. Name, address and phone number of the manufacturer's representative to be present on site during initiation of chemical stripper removal process, if used. 0 � � C. Testing Plan: Contractor will be responsible for the following testing. Contractor shall provide soil testing, existing coating testing and waste testing for lead, chromium, and ��GOr�� G_'C�G��D � ��' � ��G��°JG��I �� %�II'�Illflle ll�o _. � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 Section 09940 Lead Based Coating Demolition Page 3 of 7 � � cadmium by an independent, approved testing laboratory at the Contractor's expense. The following tests shall be required. � 1. Soil Testing: Eight soil samples shall be tested prior to beginning work to determine background lead and chromium levels and leachable lead, chromium, and cadmium levels. After substantial completion of project and prior to final acceptance an additional �"' eight soil samples shall be tested. � 2. Existing Coating Testing: The Contractor is responsible for testing the interior and i' exterior existing paint coating for lead, chromium, and cadmium content prior to �,,, beginning work. � 3. Waste Testing: All waste materials including but not limited to spent abrasive materials and chemical strippers, solvents, etc. shall be tested for leachable lead by the TCLP or EP-TOX test methods in accordance with EPA and Texas Water Commission regulations. �^^ No waste materials may be removed from the site until test results are submitted and � disposal method approved by the Engineer. = 4. Locations of soil samples and existing coating samples shall be determined by the � Owner's representative. All testing shall conform to EPA criteria. The Contractor shall submit results of all testing, as soon as it is available, to the Engineer. Failure to perform � testing or to submit test results shall be cause for all work to be stopped until testing is performed and results submitted. � � 5. Contractor shall be responsible for any soil contamination resulting from the removal, storage, handling and disposal of hazardous materials from the site. As a requirement for final acceptance the Contractor shall provide written certification that no soil contamination has occurred as a result of the Contractor's operations. In the event of such contamination the Contractor shall submit to the Owner a plan for site remediation in accordance with all Federal, State and Local regulations to be enacted immediately upon approval by the Owner at the Contractor's expense. D. Shrouding: Contractor shall submit to the Engineer a written plan describing the type and performance of the proposed shrouding method. Performance data shall include time required to raise and lower shroud and containment efficiency according to TNRCC standards. This submittal shall be for informational purposes only. Review of this submittal shall not constitute approval of the proposed method nor place any responsibility for the same upon the Engineer. E. Blast Cleaning: Contractor shall submit to the Engineer a written plan describing the �" materials and methods proposed for use in blast cleaning. A separate submittal shall be made �� for each method proposed. � � ��D�cOG�� uG�D ��' ��G?��°JQ�( (�. ��'�b, ��, ,.. , � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 Section 09940 Lead Based Coating Demolition Page 4 of 7 PART 2 - REMOVAL METHODS The following methods are approved for the removal of lead based coatings: A. Vacuum Blasting: Abrasive blasting in which the spent abrasive, surface materials and dust � resulting from blasting are immediately collected by a vacuum device, equipped with a high . efiiciency particulate filter. � �� F" � B. Shrouded Hydroblasting: Abrasive blasting using high pressure liquid as the propelling force or as the active cleaning agent. C. Shrouded Wet Abrasive Blasting: Abrasive blasting using compressed air as the propelling force, which mixes with water to minimize emissions. D. Shrouded Dry Blasting: Abrasive blasting using compressed air as the propelling force. This method may be used only with coatings that contain less than one percent lead. E. Alternative Method: Alternative removal methods must have prior written approval of the TNRCC Air Program prior to submittal to Owner for consideration and approval. PART 3 - EXECUTION 3.01 PROTECTION A. Notification: Notify the Owner in writing 30 days prior to the start of any lead-based paint removal or demolition of any lead-based coating structure work. B. Protection of Existing Work to Remain: Perform paint removal work without damage or contamination of adjacent areas. Where existing work is damaged or contaminated, restore work to its original condition or better. C. Boundary Requirements: Provide physical boundaries around the lead control area by roping off the area to limit entry of unauthorized personnel. D. Change Room and Shower Facilities: Provide clean change rooms within the physical � boundary around the designated lead control area. Upon completion of initial employee exposure assessment, adjust requirements in accordance with 29 CFR 1926.62. �` E. Personnel Protection: Personnel shall wear and use protective clothing and equipment as specified herein. Provide eye protection for personnel engaged in lead-based paint removal operations. Eating, smoking, or drinking is not permitted in the lead control area. No one � 1 Ulf If � �. �� r;ii'if�+�J e( j �1,-�(�� V<��, � �� 1I ��'�G��Q� (�R �?�'�M. �o � � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 Section 09940 Lead Based Coating Demolition Page 5 of 7 will be permitted in the lead control area unless they have been given appropriate training and protective equipment. � � � � � F. Warning Signs and Labels: Provide and post warning signs at approaches to lead control areas and at each control area. Locate signs at such a distance that personnel and/or the public may read the sign before entering the control area and take the necessary protective action. Signs shall comply with the requirements of 29 CFR 1926.62. 3.02 WORK PROCEDURE Perform lead-based paint removal work in accordance with 29 CFR 1926.62 and as specified herein. Personnel shall wear and use protective clothing and equipment as specified herein. Eating, smoking, drinking, chewing tobacco or chewing gum shall not be permitted in the control area. Sanitary conditions shall be maintained at all times by the Contractor. PERSONNEL ENGAGED IN THE REMOVAL OF LEAD-BASED PAINT SHALL I�10T BE EXPOSED TO AIRBORNE CONCENTRATIOI�IS OF LEAD-BASED PAINT IN EXCESS OF 30 MICROGRAMS PER CUBIC METER. The general public or personnel of other trades not engaged in the removal of lead-based paint shall not be exposed to airborne concentrations of lead- based paint in excess of 30 micrograms per cubic meter. No visible paint chips shall escape the lead control area. Removal of hazardous paint from the control area shall be the responsibility of the Contractor. No one will be permitted in the lead control area unless he/she is provided with appropriate training and protective equipment. Protect all surrounding surfaces, ground cover, and plant life within the lead control area marked by the physical boundary from lead contamination. Lead-based paint debris shall be captured and stored for disposal on a daily basis in accordance with applicable regulations. A. Personnel Exiting Procedures: Whenever personnel exit the lead-controlled area, they shall perform the following procedures and shall not leave the work place wearing any clothing or equipment worn during the work day. 1. Vacuum themselves off. 2. Remove protective clothing and place them in approved waste containers. 3. Utilize hand washing facilities. 4. Shower (if required). 5. Change to clean clothes prior to leaving the physical boundary designed around the lead- contaminated job site. 'J � U��UL�Ir�6 G`��VU�� '��U U ��I�u"W� d C� �o UV�:JY��UIIP Il�a ' � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 Section 09940 Lead Based Coating DemoGtion Page 6 of 7 � � B. Monitoring: Monitoring of airborne concentrations of lead shall be in accordance with 29 CFR 1926.62 and as specified herein. Air monitoring, testing, and reporting shall be performed by a CIH (Certified Industrial Hygienist) or an Industrial Hygiene (IH) Technician. 1. The CIH or the IH Technician shall be on the job site to perform the monitoring. � 2. Obtain personnel air monitoring samples from employees who are anticipated to have the � greatest risk of exposure as determined by the CIH or IH. In addition, obtain a minimum of two (2) air monitoring samples outside the lead control area on a daily basis. � a. Monitoring Employees: If the employee exposure level exceeds 30 micrograms per cubic meter of air, lead abatement work shall be stopped. The Contractor shall take unmediate corrective action to reduce exposure levels below 30 micrograms per cubic meter of air. 3. Submit results of air monitoring samples to the Owner within 3 days after the air samples 1"^ are taken. Notify the Owner immediately of exposure to lead at or in excess of the action d level of 30 micrograms per cubic meter of air. � � � a. Monitoring Physical Boundary: Prior to lead abatement operations, obtain background lead levels for air, water, and soil, as specified herein. Perform personnel and area monitoring during the entire paint removal operation. Suf�cient area shall be designated by the physical boundary to ensure unprotected personnel are not exposed above 30 micrograms per cubic meter of air. If the inside or outside boundary lead levels meet or exceed 30 micrograms per cubic meter of air, lead abatement work shall be stopped. The Contractor shall take immediate action to reduce lead levels below 30 micrograms per cubic meter of air. At a minimum, conduct area monitoring on each shift in which lead-based paint removal operations are performed in areas immediately adjacent to the lead control area. For outdoor operations, at least one sample on each shift shall be taken on the downwind side of the lead control area. If adjacent areas should become inadvertently contaminated, clean and visually inspect the contaminated areas. 3.03 CLEANUP AND DISPOSAL A. Cleanup: Maintain surfaces of the lead control area free of accumulations of paint chips and �- dust. Restrict the spread of dust and debris; keep waste from being distributed over the work area. Do not dry sweep or use compressed air to clean up the area. Perform housekeeping � at the end of each shift and when the paint removal operation has been completed by cleaning the lead control area of visible lead-based paint chips using a HEPA-filtered vacuum. �'" � � B. Testing: Upon completion of work and prior to removal of the lead control area, the Contractor will notify the Owner for a final lead inspection. As a minimum, the final lead U(��Gti� �'[�CCJG�� GQC�Q1� I�, �GG'��lo �.C�o � � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 Section 09940 Lead Based Coating Demolition Page 7 of 7 inspection shall include air, water, and soil samples for veriiication of contamination which may have occurred during the course of the project. �, � � C. Testing of Lead-Containing Paint Residue: Test lead-containing paint residue in accordance with 40 CFR 261 for hazardous waste. D. Disposal: Waste disposal shall be the responsibility of the Contractor. The Contractor shall collect, store, and remove the lead contaminated waste and lead-containing paint as follows: 1. Collect lead contaminated waste, scrap, debris, bags, containers, equipment, and lead contaminated clothing. 2. Store removed lead-based paint, lead contaminated clothing and equipment, dust, and debris into Department of Transportation approved container systems. Label each container to identify the waste and the date wastes were first put into the container. � � � � 3. Disposal must be at a site approved by the Environmental Protection Agency and the TNRCC to accept lead-based paint waste. Notify the Owner at least 14 days prior to removal of the containers to inspect the containers and the hazardous waste manifest. As necessary, make deliveries of lead-based paint wastes to ensure containers do not remain on the job site longer than 90 calendar days from the initial loading date affixed to the container. 4. Handle, store, transpori, and dispose lead or lead-contaminated waste in accordance with 40 CFR 260, 40 CFR 261, 40 CFR 262, 40 CFR 263, 40 CFR 264, and 40 CFR 265. Comply with land disposal restriction notification requirements as required by 40 CFR 268. E. Disposal Documentation: Submit written evidence that the lead-based paint waste treatment, storage, or disposal facility (TSD) is approved for lead disposal by the EPA and state or local regulatory agencies. Submit one copy of the completed manifest, signed and dated by the initial transporter in accordance with 40 CFR 262. END OF SECTION , e ��, 0 v�I�O�GBI�,� ��C��G�D �0� �C��G��l �o �JuG'��9 ��. � Meadowbrook Elevated Tank � KHA No. 061018006 November, 1999 � �. PART1-GENERAL 1.01 SCOPE OF WORK: A. Work Included: SECTION 13207 Welded Steel Elevated Water Storage Tank Repair Page 1 of 5 1. The scope of work for this project was determined by the Contractor and identified in the Contractor's Tank Report Proposal Revision 1 for the Meadowbrook Tank, dated November 16, 1999. 2. The work to be performed under this specification consists of the furnishing of all materials, tools, equipment, and labor for the repair of a welded steel elevated water storage tank complete with appurtenances. General provisions of the contract, including General and Special Conditions, apply to work of this section. 3. The Contractor shall furnish all labor, materials, tools, and equipment necessary to repair the welded steel tank and appurtenances as indicated on the drawings, and as specified. � 4..� B. Related Sections: Refer to other sections as applicable for equipment, components, or accessories not covered herein including: SECTION 01340 - Shop Drawings, Product Data, and Samples 1.02 REFERENCES AWWA D-100 Standard for Welded Steel Tanks for Water Storage AISC Manual of Steel Construction API 650 American Petroleum Institute � �� ,� � C 1.03 SYSTEM DESCRIPTION; A. The tank repairs shall consist of fully replacing all roof and structural members above and including the hip course plates and other related items as specified. Appurtenances shall include internal ladders with a fall prevention devices; two (2) lockable roof hatches; a roof vent; relocation of the overflow discharge piping; and piping; as specified and shown on the drawings. The tank will be drained by the Owner. Any further water removal or cleaning of the tank shall be the contractors responsibility. Ventilation and removal of harmful gases throughout the duration of the project shall be the contractors responsibility. B. Design Requirements: The tank repairs shall be designed in accordance with the requirements of ANSI/AWWA D100 Standard for Welded Steel Tanks for Water Storage. D ,; � � ��:: uc^.� �:_��::'� 1 D r �� 'G �� U Ilo UVV,,�ri�1qp �LhLnla � Meadowbrook Elevated Tank SECTION 13207 � KHA No. 061018006 Welded Steel Elevated Water Storage Tank Repair November, 1999 Page 2 of 5 � ' � The Contractor shall use the following existing conditions in the design calculations: All existing conditions and design parameters must be field verified by the Contractor prior to design. Storage Capacity (Existing) 2.0 MG Height to BCL (Existing) 126' 0" Head Range (Existing) 35' 0" Inlet/Outlet Pipe Size (Existing) 24" Overflow Pipe Size (Existing) 16" Design Loads: See AWWA D100 for complete load case information. Wind Load should include the complete shroud condition as outlined in Sec. 3.1.4 Vent Capacities Requirements: � Maximum fill rate - 22 MGD � Maximum Draw Rate - 40 MGD Maximum Overflow Rate - 22 MGD �"" 1.04 SUBMITTALS: �� A. Submittals Required After Award of Contract and Prior to Construction: .., �, Demolition and disposal plan (Sealed by a licensed professional engineer in the State of Texas) Design calculations for tank repairs (Sealed by a licensed professional engineer in the State of Texas) � Steel fabrication shop drawings Construction sequence and schedule �� Welding test procedures and testing lab Catalog cuts or shop drawings of all appurtenances (hatches, vent, ladders, etc.) Fabrication drawings of the overflow pipe, roof plates, etc. Independent testing lab providing weld inspection � B. Submittals Re uired Durin Construction q g � Certified test results as required �� GO 1l p r��r,r�D `� G�6 Q� I�JU� (v�U II� CIS��'UuL�IQrt1��U 0 �. �G'�ao ��o 1 � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 � � � � � ,_. � SECTION 13207 Welded Steel Elevated Water Storage Tank Repair Page 3 of 5 C. Submittals Required After Construction and Prior to Operation: Record drawings for tank repairs 1.05 QUALITY ASSURANCE: A. Unit Responsibility and Coordination: The Contractor shall furnish all equipment specified under this section and shall be responsible for the adequacy and compatibility of all tank components. Any component of each complete tank not provided by the tank contractor shall be designed, fabricated, tested, and installed by factory-authorized representatives experienced in the design and construction of ground storage tanks. 1.06 WARRANTY: The Contractor shall guarantee the structural repairs and associated work against defective materials or workmanship for a period of two years from the date of completion. If any materials or workmanship prove to be defective within two years, they shall be replaced or repaired by the Contractor at the Contractor's expense. PART 2 - PRODUCTS 2.01 PLATE AND STRUCTURAL STEEL: A. All plate and structural steel shall conform to AWWA D100. B. All steel plate shall be fabricated and cold-rolled to match the curvature of the tank regardless of the plate thickness or the tank diameter. Field rolling of any steel plate will not be allowed. C. Tubular structural shapes shall be hermetically sealed to prevent internal corrosion. Protection solely by means of an interior coating system is not allowed. 2.02 PAINTING A. All plate and structural steel shall be shop primed. B. All exterior steel plate shall be shop primed to match the existing tank color. 2.03 JOINTS AND WELDING A. All rafters, purlins, or other structural supporting members shall be fully and continuously seal welded to all adjoining steel. B. All lap joints must be continuous fillet welds on the top and bottom L � `��6't�Bd�`� �� t ��'�'��i+?'`�r �'�o(��p� .y, t ti U N!t�".<;•lt��l� IIn�ItS Y .�.��,�, � Meadowbrook Elevated Tank � KHA No. 061018006 November, 1999 C � LW 3 4 � � � � SECTION 13207 Welded Steel Elevated Water Storage Tank Repair Page 4 of 5 C. Full time weld inspection is required and shall be provided by the contractor. All welding inspections shall be performed and reported as required in AWWA D100-96. 2.04 APPURTENANCES: The Contractor shall provide and install all appurtenances as shown on the drawings. Appurtenances shall include the following: 1. 2-Roof Hatches: Provide according to AWWA D100. The hatch shall be lockab(e and not less than 3'0" x 3'0". Provide a key padlock, a hold open mechanism and a lifting aid such as a spring or compressed air cylinder. Roof Ventilator: Provide a vent hood with a stainless steel insect screen, minimum diameter 2-ft 0-in. 2 Siphon Drain: Install a siphon type drain that will empty most of the water that remains when the tank is emptied. The siphon drain shall empty into the overflow pipe. Roof Rail: Install a 20-foot diameter roof handrail in compliance with all applicable OSHA standards. 5. Access Tube: Modify the existing access tube to meet OSHA guidelines for proper ladder clearance. If the contractor chooses to move the existing 16" diameter overflow outside of the access tube, a 42" diameter access tube may be installed. 6. Interior Ladders: A painted steel ladder shall extend from the hatch to the floor. The ladder shall have a fall prevention device attached consisting of a sliding, locking mechanism CDB1/SALA Railok, or approved equal, and three safety belts. The ladder and all components must comply with applicable OSHA standards. Each ladder that terminates at a roof hatch shall have a LadderUp Safety Post capable of extending a minimum of three feet above the roof hatch, Bilco (LU-2) or approved equal. PART 3 - EXECUTION 3.01 STEEL WORK NOTE: The ladders and fall prevention devices must be installed and operable prior to the start of any of the following work. A. Demolition Disposal of all scrap metal and equipment is solely the Contractor's responsibility. The Contractor is also solely responsible for properly disposing of all scrap material containing lead based coatir,gs � according to all applicable State and Federal guidelines. - J��0��1�� G_'�� '� �; B� ��G��G��( (�, �Ga�l�, �, - � Meadowbrook Elevated Tank KHA No. 061018006 November, 1999 B. Welding SECTION 13207 Welded Steel Elevated Water Storage Tank Repair Page 5 of 5 Welding procedures and general welding requirements shall be in accordance with AWWA D100, Section 8, "Welding". �, C. Fabrication Layout, cutting, forming, edge preparation and workmanship for steel tank components and fabrications shall be in accordance with AWWA D 100, Section 9, "Shop Fabrication" . D. Erection Steel tank erection procedures and general requirements shall be in accordance with AWWA D100, Section 10, "Erection" . � E. Tolerances Steel tank tolerances shall be in accordance with the requirements of AWWA D 100 and API 650, Section 5.5. � 3.02 WELD TESTING: A. The welded joints of the tank shall be tested in accordance with the latest revision of AWWA D 100, Section 11, "Inspection" . Radiographic inspection of full penetration butt-welded joints shall be made by an independent inspection company approved by the Owner. The Contractor will pay the cost of these tests. Any testing which does not meet the requirements of these specifications and AWWA D 100 shall be repaired, retested, and paid for by the Contractor. 3.02 CLEAN-UP: The premises shall be kept clean and orderly at all times during the work. Upon completion of construction, the contractor shall remove or otherwise dispose of all rubbish and other unsightly material caused by the construction operation. The Contractor shall leave the premises in as good a condition as it was found. END OF SECTION u � � ��@�� C�G�� C�� G�� ° Q� f�o �G'l�, ��o ,� � a� d #� D � � � a .o 0 � o� a a a o� � � � � m 0 _ 0 PAR�` F f � � � 0 u��cQa� ��oQ� C � � U ��v �� U ��c UV V U:r�ll II� ��Wo � PERF'OR1��IANC'F, BOND Bond No . 400KA3088 ' (Executed in 6 Counterparts) STATE OF TL•XA5 § � COUN'rY OF '1'ARRAN'r' § KNOW ALL MFN BY TI•lESE PR.CS�NTS: That we (1} Chicago Brid�e & Iron Companv (Delaware) ~ a(2) Corporation pf 8900 Fairbanks North�Houston Road, Houston, TX 77064 , hereinafter called Principal, and (3} Fidelity and Guaranty Insurance Uriderwriters, Inc. oi Wisconsin a corpora�ion organized and existin� utlder the laws of che State/and fully auchorized to tran�act business ' in tlie St�te of Texas, as Sureiy, are held and Firmly bound unto che City oP Fon Worth, a municipai corporacion organized and existin� u�der the laws of the Staxe ot' Texas, hereinafter called Owner, in �he pcnal sum oE: Six hundred fifteen thousand and 00/100 ($615,000.00), � in lawful rnoney of tlte United Sca�es, to be paicl in Fort Wor�h, Texas foc the paymenc of which sum well and tnily be made, we hereby bind ours�Ivcs, our heirs, execu�ors, adminis�ra�ors arSd successors, joinc(y and severally, Frmly by chcse presenrs. TIIE CONDITION OF TI•iIS OBI.IGATIOI�1 is such that Wliereas, the Principal en�ered into a certaii� � contract wich the Ciry of Fon Worth, che Owner, daced �he 2.� day oF��Ce�i� A.D.2.s�D W.,. a copy of whieh is hereto at[ached and made a part hereof, for che conscruction of: r" Replacement of Roof Plates and Structural Members .,�„ 2.OMMG x 126' BCL CB&I Spheroidal Elevated Tank I'ort Worth dVater Departrnent Proiect N�.: , a copy of which eontract is hereto attache�l, referred to and mad� a part hereof as fu[ly and co che sarne � extent as if copied at length he��in, such project aiid construction bein� hereinafcer referred �o as �he L., `Work". I�lOW THFsRfFURE, if �he Prineipal shall well, cruly, anc� faitllfully pecfortn the work in accordance l�ith the plans, speci�cations, and contract docurnerics riurin2 t}ie original term thereof, and any extcnsions thereof which may be grantcd uy the Owner, with or wi�hqut noticc to the Surery, and if he shall satisfy all clainis and demancls incurred undez sucli contrac�, and shatl fuily indemnify artd save harinless �hc `" O�vncr may incur in making good any defauit, then this ob3igation sltail be voicl; otherwise to rernain i►S _, full force and effecc. � � Pacc i of 2 ��u��01�� u��Gu °1D Ca`�U ss��GG� ° °�1 �' 11AR1 I�1�"1�Inl � .�n a THIS �30ND IS MAD� ANll EN'1'�R�:D into solely for the pro[eccion of all claiman�s supptying labor and mate:ial in tile prosecution of ltie work pcovided f�r in said Con�ract, as claimancs are defined in said Alticle 5160, and all such claimants shalE Itave a dir��t riehc of accioii under the bnnd as Provided 'u� ARicle 5160 of the Revised Civil Statutes. PRUVIDLD FURT��R, that if any legal accion be filed upon this bond, venu� sltaEt lie in Tarrant Councy, S[aie of �'exas, tliat the said Surety, for vaiue received, hereby stipulaces and agrees that no chan�e, extension of time, ahera�ian or ac�dirion to rhe ter�ns of �he Contracr or the work tn be performeci thereunder or the specifications accom�anying the same sltall in any wise affect ics obliga�ion on this bond, and ic does hercby waive nocice oF any such change, extension of time, ale�ration or a�dition to the terms oF �he con�ract or to the work or to the specifications. • i'ROVID�D FURTHER, that no final settlemenc between the Ownec and the Contractor shall abrid6e the ri�h� of any beneficiary hereunder tvhose claim may bc unsatisE'ied. IN WITN�SS WI•�E�tEOF this inst�umene is execucecl in six councerparts, each one of which si�all be deemed an original, this the dated 2i� c�ay of A.D., �,�, Chicago Bridge & Iron Company (Delaware) A7"1'EST: PR1NCiPAL (4) � Dy: �✓L� ��i�l�l �i/\ (Principal) Secrctary � � �� (S E A T�} 8900 Fairbanks North Houston Road . (Witntss as ro Princi al) ' 8900 Fairbank Np r�h Houston Road HntiSt,pn _ TX 7�,QfiC� _, �- (Address) A TTE;ST: �- � i, ..t.-�,___ �� --�-�....�_.. � {Surety) �g�'� Debra R. Keebler Attorney—in—Fact (SEAL) /]/ �'j /' � / �,`.'�Lt/ G'�/ �t� � )1 ��/�Lel.`�,�C� �- (Witness as to Surc�y)Barbara R. 500 West Monroe Street Chicago, IL 60661 , (Address) � ' ' Houston, TX 77064 (Address) Fidelity and Guaranty Insurance Underwriters, Inc. SurCty �i�iL��%� �3y: (Attorney-in-fac�) (5) C. R. Hernandez Marsh USA Inc. 500 West Monroe Street, Chica�o, IL 60661 (liddress) NOTE: Dace of Bend mus� not ix prioc to da�c of Contract. (1) Correct name of Contractoc (2) A Corpora�ion, a Parmership or and Individual, as case m1y bz (3) Correcc n�Tz�c of Surety Malte��) If Contraccor is Aarmership, aIl Parcners should execuce Bonc� (5) A crue copy of Power aF Aaomey shall be acrached to Iiond by Atrorncy-in-Fac� uf��OC�a� G��G°�D �� '�G�� Y YO �Y'a��Yll� Y�7(/NO Pa�e 2 oF 2 � � \ � This Vower of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guazanry Company, Fidelity and Guaranty [nsurance Company, and Fidelity and Guaraney Lisurance Underwriters, Inc. on September 2, 1998, which retiolutions are now in full force and � effect, reading as follows: � RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, nndertakings, conCracts and other instruments relating lo said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resoiutions. Said Power(s) of Atcorney for and on behalf of the Company m�y and shall be executed in the name and on bel�alf oT the Company, either by the Chairman, or the President, or any Vice President, or an Assistan� Vice President, jointly with the Secretary or an Assistant Secretaiy, under their respective designations. The signature of such ofticers may be engraved, printed or lithographed. The signature of each of the foregoina oCficers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Faot for purposes o�ly of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signamre or facsimile seal shall be valid and binding upon the Company, and any such power so exee:uted and certified by such flcsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, fhat Attorney(s)-in-Fact shall have lhe power and authority, and, in any case, subject to the terms and limitations of the Powzr of Attorney issued them, to execute and deliver on behllf of the Company and to attach the seal of the Company to any and all bonds and undeitakings, and other writings obligatory in the nature thereof, and any such instrument execufed by such Attorney(s)-in-Fact shall be as binding upoo the Company as if signed by 1n Executive Ofticer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of Seaboard Surery Company, St. Paul Fire and Marine Insura�ce Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fideliry and Cuaranry lnsurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct eopy of the Power of Attorney executed by said Companies, which is in full forcc and efFect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this day of SIwETy 410.F 6 �y.i,yS a�q'e ��'1�'0 W^" * 0 4 0� .�� . v,D o. . ��:. 4� ��e P 2:' 1 P.' PORq •� � ay fA y W�rr� �927� �Iy�NPOR�>f m W:C�p .� Tf �m <� "'^'«nN� C ... . � �� I m �`• SLAL,i SSRL.'s° �0.�, ,:,�. .*9� 1951 � o� y a '�i�. 'k ,�' w�' �° �` •'' a � !s ...... �r ah AiN � . oFrrw '�`m ,�u =E " r's': Aa� � � ,� c, � w To verify the authenticity of this Power of Attorney, call l-800-421-388� and ask fa� t�e'pox�er "�f i�ttorney clerk. the above-raamed individteals aied the details of the borad to whieh the power rs at�tte�ed, ,a�➢. "� t ` ' ��°�� ,'� � � `� y �� j,�� 1��.-Q R • 1.��►�. Michacl R. McKihben, Assis[ant Secretary Please refer ta the Power of Attorney iaumber, � ' ' � ' ' ' �� ' ' ' 1 , � G��Q:�� 'r�'� °'� ( � ��' �i� � ��'�`� ° °�� G�V� C_ -u�� a �;;4;��i;�'`uf��p 4�i�� me��ul POWER OF ATTORNEY � Seaboard Surety Company , St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company ' ' , ' � ' Power of Attorney No. 21100 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. -� �� 1. `? 31._ �: KNOW ALL MEN RY THESE PRESF.NTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State ol' New York, and that St. Paul Fire and Marine lnsurance Company, St. Paul Guardian Insurance Company and SL Paul Mercury Inswance Company are corporations duly orglnized imder the laws of the State of Minnesota, and that United States Fidelity and Gaaranty Company is a corporation duly organized under the laws of the State of Maiyland, and that Fidelity and Guaranty [nsurance Company is a corporation daly organized under the laws of the Sttue of lowa, and that Fidelity and Guaranty Insurance Underwriters, Ine. is a corporation duly organized under the laws of the State of Wisconsin (lierer�z cnllectively ca(!ed the "Co�ry�arries"), and ihat the Companies do hcreby makc, conslitutc and appoint Theodore C. Sevier, Jr., C. R. Hemandez, Ralph E. Nosal, Katherine J. Sbarboro, Debra R. Keebler, Sandra Nowakowski and Joseph R. Poplawski of the City of Ch1C3g0 , Stxte III1ri01S , Cheir true and lawful Attorney(s)-in-Fact, each in their sepuratc capacity if more than one is named above, to sign its name as surery to, and to execute, seal and acknowledge any and all bonds, undertakings, conCracts and other written institiments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed`this 1St day of December , 1999 Seaboard Surety Company Uni[ed States Fidelity and Guaranty Company , St. Paul Fire and Marine Insuranee Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Cumpany ��,�' Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurancc Cumpany � � ' �..r��q ` c\� '-�o � .. S � . ,� sY. �SUPEfy� F a y o\ M iry �� . j�xs� q,� � y �� ItpN00N��f;�i Q.�ppV0A9ff:�"� � � � 1927 �� N�� ,�. ��oY `::SE AL! � ':' SB�Lan;' � �< � 19� �� JOHN F. PHINNEY, Vice President r a1.. ,!P a n� w� ,� a i�..A� r..... � �� Y l A1N o �i �� ' Slate of Maryland 1� � � �C� City of Baltimore MICHAEL R. MCKIBBEN, Assistant Secretary ' On this 1St day of DeCembei , 1999 , before me, the undersigned ofticer, personally appeared John F. Phinney and Michael R. McKihben, who acknowledged themselves to bc the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Mari�e insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and ' Guaranty Insw�ance Company, and Fidelity and Guaranty Insurance Underwriters, Ine.; and that the se�ls aPfixed to the foregoing insfrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing ins[rument for the purposes therein contained by signing [he names of the corporations by themselves as duly authorired officers. � ' In Witness Whereof, [ hereunto set my hand and ofticial seal My Commission expires the 13th day of July, 2002. �°°P�S�� n 2``0 NpTARY � 9 p�BCf� �OqE atr �o `��-�,Q.�.� - �,�.,�� 1 ' '`86203 Rev. 11-99 Printed in U.S.A. REBECCA EASLEY-ONOKALA, No[ary Public n �,7, �,.� � �i �,� ; �� ° �; L�J�� /� �'�flfut,�G�sS', � o '�^�I��' ��''�G�� "�� o � ��b � J -------..�...v.�_,__0 L�Wo / � � � �urery ;ampany .lcknowledgment w � � � �iY �,� � � STATE OF I�LIPIOIS COUNTY OF COOR ss.: CHIC�.Go Gn tt�is day of 19 , befor2 me personally aopeared C. R. Herzandez , t� me kRown, who, beina by me duly sworn, did depose and say: that S he ._ residetsl at Chica�o , I1linois ; that 5 he _ is/are the Attorney—in—Fact or United States Ficielity and Guaranty Company the carporatian describeJ in and wnicn execute� the annexe� instrument; that �he_ 4cnow(s) the cor�orate s�al of said cnrporat4an; that the saal aE�ixed tn said instrument is sucn carporate �af, that it was sa arrixe� by order ot the Board ot Direc�ors of Aid coraoration; that S he_ signed the same name(si thereto by like order; and that the IiaQilities of said corporatian do nat ex- c�s� its assets as ascer-tained in the manner provided by law. . 9QNG-3768-R �� / , `% til,z.��,�i�� JuL _ , \ c��c, .(�- - (Notary Pubiic in and for the above County and Stacel My commiaion exQiras 1/31/OI l��i�r�1��1��'� ; `�?I�F�CIAL SEAL" ; ; t ^'�: ",FA R. MALTESE • � I'�,tr ryrPublic, State of Itiinois i � t.�y Ccmm ssion Expires 1/31/01 � :....•.•••�•��•��a �' �� Q/�� '��l�li ��rG�� ° �� U Oo UVG�+UUU9 �L7Wa PAYM�NT P,O?vD Bond No. 400KA3088 (Executed in 6 Counterparts) STA7'E OF TEXAS § § COUNTY OF TAI2RANT § . . �. � � I.._ r �.., � � � KNOW ALI. MEN BY THESE PR�SENTS: Tttat we (1) Chicago Bridge & Iron _Company (Delaware) 3(�) Corporation of 8900 Fairbanks North Houston Road, Houston, TX 77064 , hereinafcer cailed I'rincipal, and (3) Fidelity and Guaranty Insurance Underwriters, Inc. of Wi:sconsin a corporation organized and exiszin� under the laws of the Stace/and fully authorizcd to transact business in tl�e State of Texas, as Surery, are held and firnzly bouncl un�o the City of Forc Wonh, a municipal corporatioii organir,ed and existing under che laws of the 5tace of Texas, hereinafter called Owner, and unto all person, firnzs, and cor�orations who may furnish matecials, for or perform Iabor upon the buildin� or improvements hereinaFter refzrred to [n the pena! sum of: Six hundred fifteen thousand and 00/100 ($615,000.00)� in lawful moncy of ttic Unicc;d Sraces, co be paid in Far� WQRh, Texas for che payment of whieh sum well and trvly be mac3e, we her�by bind ourselves, our heirs, executors, adminiscra�ors and succe5sors, jointly and sevcrally, firmly by these presen�s. ?I•lE CONDI'IION OF THIS OBLIGATION is such that Whereas, d�e principat encered in�o a ceruin contzacc wi�h the City of Fon Wonli, the Owner, dated the2� day of I'�+►i�at'� A,D.,2�'? a copy of which is here�o at�ached and made a part hereof, for the construction of: Replacement of Roof Plates and Structural Members 2.OMMG x I26' BCL CB&I Spheroidal Elevated Tank �'ort Worth Water Deparfinent Pro.ject No.: , a copy oF which contracr is here!o actached, rcferred to and made a parc hereof as fi�lly and tD thc same ex�ent as iF copied at length herein, such pro;ect and construceion being hereinafter reFerred to as tt�e "Work". NOW TIlEREFORE, tll� condition of tliis obti��ion is such that, iE t�ie Principal shali prom�tly make paytnen< <u all claimancs as defnecl in Areiele 5160, Revised Civil S�atutes of Texas, supplying labc�r and matcrial� in the Prosecution af che wock provided for in said Cortc�ac[, �hen chis oblig2tion shall be null and void. Otlierwise it shail remain in full forcc and effect, and said City shall have and rec�ver from the said Contractor and its surety damages itt the premises as prescribcd hy said Contract. Pa�c 1 oF 2 �L>'i;:z��i��:�� bL?��'c' s'D ��u� ��[��G�[�la� �r ��T�� o � This obligation shall be con�inuing one and successive recoveries may be had hereon for successive brcaches uncil the full amounc hereof is cxhausted. � WHEREAS, all parties c�venant and agrec �hat if any le�ai ac�ion bc filed upon �his bond, venue shall lic in 1'arrant County, Texas; and, IN WITNESS WHEREOF titis i rument is executed ia six councerparrs, each one oF which shall bc deemcd an originat, dated �f� ��iv�� 2� ATTF,ST: (Principal) Secrctary Chicago Bridge & Iron Companv (Delaware) PRINCIPAL (a) BY � ti��t�1i""" l - s� --5s i�y��i��r l��n� r� �r��ie (S F� A L) 8900 Fairbanks North Houston Road Houston, TX 77064 (Acldress) w � '+ . ��l�y�� d([!��a�� /�:� , (Witness as ro Principal) 8900 Fairbanks North Houston Road ' Houston, TX 77064 (Address} � ATi'EST: �- � - �� L (Surety) ,RiL�r��r`�� Debra R. Keebler Attorney—in—Fact Fidelity and Guaranty Insurance Underwriters, Inc. Surery �3y: �� (Attorncy-in-fact) (5) C. R. Hernandez Marsh USA Inc. 500 West Monroe Street, Chicago, IL 6066I (Address) NOTE: Da�� of J3oncl musc noc be prior to da�e of Concracc, � (S F. P. L) �, ��..�'�� JrI�.C'�--�.� (1) Correct name oC Conrractor � (Witn�SS as [o SurC[y)Ba bara R. Malte��} A Corporacion, a Parn�enhip or and tndividual, as case 500 West Monroe Stree� may be 1�" Chicago, IL 60661 (3) Correct name of Surery (A�ldress) (4} IE Con�racror is 1'arrnership, ail Panners shoult! execute Bend (5) A truc copy of Power of A�torney shall be atrached to �,,, Bon� by Attorncy-in-l�act � � � L_J Paee z of 2 ',;'�u J�� G/f � U=�� G�JG�� L �.,;�� G�� S�'G�� ° °� i� �/k^n�f�+�M �(s'�`� / \L This Power of Attomey is grunted under and by the authority of the tbllowing resolutions adopted by the Boards of Directors of Seaboard Surety Com�any, St. Paul Fire and Marine Insurance Company, SC. Paul Guardian Lisurance Company, St. Puul Mercury Insurance Company, United StaYes Fideliry and Guaranty Company, Fidelity and Guaranty Insw�ance Company, and Fideliry and Gu�ranty Insurance Underwriters, Ine. on Septembe�r 2, 1998, which resolutions are now in full force and �' effect, re�ding as follows: � RESOLVED, d�at in connection with the fidelity and surety insurance business of tl�e Company, all bonds, underiakings, contracts and other instrumentti relating to said business may be signed, exec�uted, and acknowledged by persons or entities appointed as Aftorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on bchalP of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, joindy with the Secretary or an Assistsnt Secretary, under their respective designations. The signature of such officers may be enaraved, printed or lithographed. The sig��ature of each of the foregoing otticers and the seai of the Company may be affixed by Pacsimile to any Power of Attorney or to any certiticate relating thereto appointi�g Attorney(s)-in-Fact for purposes ouly of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set fordi therein, any sucl� Power of Atcorney or certificate bearing siich facsiruile signature or facsimile seal shall be valid and binding upon the Company, and any sueh power so executed and certitied by such facsimile signature and facsimile seal shali be valid and binding upo� the Company with respect to �ny bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject t� the ternis and limitations of the Power of Attorney issued [hem, ro execute and deliver on behalf of the Company and to attach the seal uf the Company to nny and all bonds snd undertakings, and other writings obligatory in the nature thereof, and any such insu•ument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Execufive Ofticer and sealed and attested to by the Secretary of the Company. [, Michael R. McKibben, Assistunt Secretary of Seaboard Surety Company, St. Paul Fire and M�rine Iiisurance Compa�y, St. Paul Guardian [��surance Company, St. Paul Mercu�y Insw�ance Company, United States FideliCy and Guaranry Company, Fideliry and Guaranty Insurance Company, and Fidelity and Guaranty Insuraiice Underwriters, Ine. do hereby eertify that the above and foregoing is a true and con•ect copy of the Power of Attomey executed by said Companies, which is in full force and effect and hzis �ot been revoked. IN TESTIMONY WHEREOI', I hereunto set my hand this day of F,aE� .,,�� SIAifTy �� 6 y q p �N..: N;t'G9 /u P,' 1...=U9: 4':. 4 �.�1Si 4 }� IW�n..' �927� 'm ICOFPONA>F>� /�r' ORi.ORATF R„ 4�6i ��U� s• � -•...n�� C .., i,n {{{ ' m � �`• SE A �SSAL a � � �896 � { 1 5 + , o ��. u,,•o; d; , �,p< 977 � 9�`OFnEN� °w,�m,.^,"�t� alS...MN�I t� 4�11 AIN"" "�> tr .. To verify t/:e aut)eenticiry of this Power of Attoruey, call 1-800-421-3880.ttnd ask for the'Power Of AKorney clerk. the above-na�ned individuals and the details of the bond to whiehlhe power is attached -_ "��`�� ° ,��"� ° � ' "��" �' �A 4'� f �, �� +`�� ,�o L�� y ��`•' �,� � 1� I` ' �� Michxel R. McKibben, Axsititnnt Secretary Please refer to the Power of Attorney num6er, _ . .`,,},If,,,:,� ^ r . . . I� `i ��' ,''�..� �I�Iti�lf��l'.�11C... ' ' �.,;. �,• ' �^ i �� ; ,! �:,--:. < <:�r . � i;;;; `, ;,, �' u _ '�, ,, r�„ _ _ - _ _ _ .��: .. . .. _� ,��'. �� e 1 �meStPaul POWER OF ATTORNEY Seaboard Surety Company ' St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Compan,y 1 1 ' ' � , 1 United States Fidelity and Uuaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 2 j 1 �0 Certificate No. ��;,� �� KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surery Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine lnsurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fideliry and Guaranry Insurance Compuny is a corporation duly organized under the laws oF the State of lowa, and that Fideliry and Guaranty Insurance Underwriters, Ine. is a corporation duly organized tmder fhe laws of the State of Wisconsin (herern rnllectively cnl/ed d�re "Crnnpnnrea�"), and that the Companies do hereby make, constitute and �ppoint Theodore C. Sevier, Jr., C. R. Hernandez, Ralph E. Nosal, Katherine J. Sbarboro, Debra R. Keebler, Sandra Nowakowski and Joseph R. Poplawski of the City of ChiCagO , State I11�O1S , thcir �rue and lawllil Attorney(s)-in-Fact, each in their separate capacity if more �han one is named above, to sign its name as surety t�, and to execute, seal a�nd acknowledge any and ail bonds, undertakings, contracts and other written instrumenls in the namre thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the pert�ormance of eontraccs and executing or gusranteeing bonds and undertakings reguired or pe[mitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed d�is iSt day of December , 1999 Seaboard Surety Company United States Fidelity and Guaranty Company ' St. Paul Fire and Marine Insurance �'ompany � Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company =Q� } Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company � ` f�a �t SIM1Ei Y� 4; O�^M�INSv9 opt��HsyvM1, ��. �927� � ZORVON�1f�m F :�pPPGR41f.ci^ l � y�„_� �� ••`^��WI� N �'• SEALio'I ;'`:S81LL:a'� Nq��D � � yg%%y Q 19Jr� 10HN ft PHINNEY, Vice President . 'p O � _ � ��F' 'F � M s�a�wce°� �d''•... 'DA� >;�r.........��a* YI S OFr�EW � i�:i.YN� '�7 AIN� �d � , State of Maryland \� �, �C� City oY Baltimore MICHAEL R. MCK[BBEN, Assistant Secretary � On this 1St day of DeCembei , 1999 , before me, the undersigned officer, peisonally �ppeared John F. Phinney and Michael R. McKibben, who acknowledged themselves co be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, UniCed Sttites Fidelity and Guaranty Company, FideliCy and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Onderwriters, Inc.; and that the seals afYixed to the foregoin� instrwnenC are the corporate seals of � iaid Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized oi'ficers. 1 , In Witness Whereof, I hereunto set my hand and official seal. �GGP ��Y � ¢-`"0 /VOTq � P � � UeuC � �9E CiTY � ��-,�,� - o-,K.,�� ' 1 My Commission expires the 13th day of July, 2002. R�BECCA EASLEY-ONOKALA, Notsry Public '�'�I��'� 0'�::� U`:'��J�°?� ir I �'u � �'��1� (��o ��'�G�„ ��ln�o . - __, '`86203 Rev. 11-99 Printed in U.S.A. / "urety ompany .:cknowledgmertt STATC OF ILLINOIS COUNTY OF COOR ss.: C�iIC�.GO On this da�� of 19 , befors me p��50�dify appe3t'ed �• R. He�andez to me known, wha, being by me duly sworn, did depas� and say: tha�t S he_..,reside{s1 at ChicaQo, I1linois ; that S he.� is/are ttte Attorney-in-Fact �f Unzted S�ates Fidelity and Guaranty Company , the corperation des�:rioed in and wnicn executed ti�e annexe� instrument; that �he_ know(s) the corporate szaf of said cQrpQratian; that the s��! afTixe� to said irs�rument is such corporate seal; that it was so a�ixed by order of tt�e Board of Dir�c�ors oz said corporation; tha� � he, sianed the same name(s) thereto by like order; and that �f-ie lia6ilities of said corporation do not ex- c�ed iu asszts as astertained in the manner provided by law. . 9�ND-37S8-R 0 . �ti�� ; � � �— (Na�ary Pubiie in and for the above County and Statel My commiaion axoirn 1/3I/O1 �l'�1wf{��1��1►rr��1��2 i "OFFICIAL SEAL" � i CP''.Cl��.A R. MALTESE : � Ao;ary P.f,ltlic,. State of Itlinois i t � My Commis�l6n Expires 1/31/01 � i��1�� +V��U �Vu�� )�� '��l��r ��r��G��l (�o �G'��I, �?��{. MA7NTEiti�A,NCE T3�NI� Bond No. 400KA3088 • (Executed in 6 Counterparts) 5TAT� OF TEXAS § § COUNTY OF TARRANT § KN�W ALL MFN BY THESL• PRE5FN7'S: That wc (i) Chicago Bridge & Iron Company (Delaware) as Principal, actin�; herein by and �l�rough (2) its duly auchorizeQ . and (3} Fidelitv and Guarantv Insurance Underwriters, Inc. ,acorporationor�anized under the law of thc State of Wisconsin , as sutety, do hereby acknowledge themselves to be hcld and bounci [o pay unto the City of �'ort Worth, a Municipal Coiporation, chartered by virtuc of Conscirution and Iaws of the S�ate of Texas, �t Fort Worth, in 7arrant County, Texas, the sum of: Six hundred fifteen thousand and 00/100 ($615,000.00) � lawfu] anoncy of the Unized States, for the payment of which sum well and truly be madc untosaid Cuy of �ori Wor�h and its successucs, said Contractor and surery do hercby bind thernselves, ti�eir heirs, � executors, �dministrltors, assigns, and successors, j�intly and severally. This obligati�n is conc�iuoned, however; that, WHFR�AS, the P incipal entered inro a eerrain concracc wirh rhe Ciry of Fon Worth, rhe Owner, dacc�i �hc 2f� clay af t-�Q'!,e-a/' A.D.,Z�'+�, for the performance of the foilowing desccibed public - �vork and the construczion of�e following described pubiic inlpcovemenrs: Replacement of Roof Plates and Structural Members "' 2.OMMG x 126' BCL CB&I Spheroidal Elevated Tank � F�rt Worth Water Department Proicct No.: , `" and said conuact, including a!i of che specificaiions, conditions and wricten instruments rePerred to therein � as contracc documents bein� hcreby incorporated }�erein by reference for ail purposes and made a part hercof, �he same as if set ouc verbatim herein; and, WHEFFAS, in s�zid Contract, Concractor binds i[sclf to usc such materiais and to so corutruc� thc wock � that i[ will Cemain in good repair and condition for and duris�e, the periocl 2 years after the da[� � of the fnal acceptance oF the work by the City; and, WH�REAS, said Concractor binds icsclf to maintain said work in good repair and condicion foc said tecm oE 2 Vears ; and, � WII�K�AS, said Coritracror bincis icself co rcpair or reconstruct the work in whole or irt part at any tinte withir� said peri�ci, if in che opinion of che Direccor of Wa�er Deparm�en� oF the Ciry of Forc Wonh, it be necessary; and, r° 1�VHrR�AS, s�tid Contractar binds itself, upon receiving no�ice of the need �h�refor to rerair or reconstruct said work as herein provided. NO1V TIT�ItEFORF, iE sa;cl Centrac�or shall keep and perfarm i�s said agreement co maincain, repair � or rcconstn1ct said work in accorclanee wieh a11 che �e�1s and condicions of said Coneract, dtese presents .., shall be null a��c� voicl, and liave no force or eff'ecc. Otherwise, this Bond shall be and remaizi in full force � LJ ' T'a,e 1 of 2 � ��D��G�� I��C?C' r ��'� ��u �i? � ° �i� Y tle�V��U��UII� UI�W� and effect, actd said Ciry shall have and recover from the said Concraccor and iu 5urecy damages in the premises as prescribed by said Concracc. � THIS OI3LIGATION shali be con�inuin� one and successive recoveries may be had hereon for successive breaches uncii che full amount hercof is �xhausced. WHI;REAS, ali panies covenanc and agree cha� if zny ]e�al action be ftl�d upon chis bond, ver�ue shail lie in Tarrant County, Texas; aiid. IN '�'VITNE5S WI•IEREOF this ins�rumcnt is exccute�l 'n six counterpar�s, each one o€ whic;t shall be deemed aa original, this the dated �.—�day of �%l,e4/'�--�•��, 2�} „ ATTEST: (Principal) Secre�ary (SF,AL) ,�. . r (Witness as to Principal) w 8900 Fairbanks North Houston Road � Houston, TX 77064 (Address) aTTE51': 0 �. � � �� (Surcty) �Sze� Debra R. Keebler Attorney-in-Fact ► (5 � t� I,) � 7��t�: �-�_ � . �—% )�l �� C�Cr�: �_e , _ �--bara R. Malte��`itness as co Sur�ry) 500 West Monroe Street Chicago, IL 60661 (Address) �. � � � Chicago Bridge & Iron Company (Delaware) PRII�CIPAL (4} � - �Y � � � -- � S / -��i �'�°t � � I�%�=L�_. TitIe 8900 Fairbanks North Houston Road Houston, TX 77064 (Address) Fidelity and Guaranty Insurance Underwriters, Inc. rety ^ �� Av : ./�(� ��Ff- (Actorney-in-fact) (�) ' e. x. Hernandez Marsh_ USA Inc. 500 West Monroe Street, Chicago, IL 60661 (Address) NOTT:: Da�e of �3ond must noc be prior to date of Contract. (1) Correct name of Contraccor (?) A Corporation, a partner�hip or and Individual, as case may bc (3} Corrccc name of Surery (4) lf Con�raccor is Pannership, all Partners sliould execute 13ond (5) A tnle copy of Power of A�tomey sI�all be artachcd cc� Bond by Attorney-in-Fact F�1ge 2 of 2 �.r�U'�'U�� l�` n �c'`i�� =<<^�Ic�r�,i U 1..,. b=,�!� a_�L: � u� C. � ��i �� G?C�`�G?� l��. � �<�i��o �[��o / r � �„ This Powe�r of Attorney is granted under and by the authoriry of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Gitaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guarunty Insurance Underwriters, Inc. on September 2, 199A, which resolutions are now in full force and r effect, reading as follows: � '� �Y� RESOLVED, that in connection with the fidelity and surety insurance business of the Comp�ny, all bonds, undertakings, contracts ancl other instruments relating to said business may be signed, executed, and acknowledged by persons or entitics appointed as Attorney(t)-in-Fact pursuant to a Power of Attorney issued in aceordance with these resoluUons. Said Power(s) of Att�orney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or [he President, or any Vice President, or an Assis[ant Vice 1'resident, jointly wilh the Secretary or an Assistant Secretary, under their respective designation�. The signature of such o�cers may be engraved, printed or lithographed. The signamre of each of the foreboing officers and the seal of the Company may be affixed by facsimile to any Power of Atrorney or to any certificate relating thereto appointin� Attorney(s)-iu-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, aod subject to any limitutions set forth therein, any such Power of Attorney or certificatc bearing such facsimile signature or facsimile se�al shall be valid and binding upon the Company, and any such power so executed and certiYied by such facsimile si�namre and facsimile seal shall be valid and bindin� upon the Comp�my with respect to any bond or undertaking ro• which it is validly attached; and RESOLVED FDRTHER, that AtCorney(s)-in-Fact shall have the power �md authoriry, and, in �my case, tiubject to the terms and limitations of the Power of ACtorney issued them, to execute and deliver on behalf of the Company and to attich the seal of the Company to any and all bonds and undertakings, an� other writings obligatory in the nature thereof, and any such instrume��t executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Ofticer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Mxrine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Compuny, and Fidelity and Guaranty Insurance Underwricers, Inc. do hereby certify that the above and tbregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, 1 hereunto set my hand d�is day of $U�fly J� E 6 y ��M..: NSv9 j/p/J"P:.1�"qV4 : �Y� �y�,� , 1 _— _ R �` �9Z7� � I �FVORAIF�m /W:, YORAT",�-� � I � �� •'w�r'wVITBJ • • � , � n F,C� f'n: � t � � `�� '�:SHAL:3 N ,�s � isn yssi mr ��o �:,S6 AL,1o: ;.. ' a � '� lA�� Michael R. McKibben. Assistant Secretar 9'FOFrhwvd� �,�ce`' dis : �.w+°rf !r ......�.�' v'{� AN1 Y „» �,r y To verify the autheuticity of this Power of Attorney, call I-800-421-388Q'und" ask,%'t�r+ t�Ye'`Por�er"�f�C[orney clerk. Please refer to the Power of Attorney �eumber, the above-named individuals and the details of the boird to which the"power rs iKtaclied. -. V J ��m�'. <�'�� ,s,� °�r'� �y'r.,� r'�f�� y'��'�V .� �`9�� A � +'�� 1 I� � 1 , 1 1 ■ � O��C�� 'j�iri� ,�(;!D, .� . �.., . !� I � V/��`� ��ti' �C�''�U?��^��u f��o �C��'�C'�p �� 1 � � � �me��ul POWER OF ATTORNEY \ Seaboard Surety Company , St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 1 ' , ' � Power of Attorney No. 21 100 KNOW ALL MEN BY THESE PRI,SEN'f'S: Th�t Seaboard Surery Compa�y iti a corporution duly organized under the lawti of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Cuardian Intiurance Company and St. Paul Mercury Insurance Company are wrporations duly orglnized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the law� of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State oF iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is 1 corporation duly organized under the laws of the State of Wisconsin (hereln collectively culled die "Companies"), and ttiat the Cumpanies do hereby make, constitute and appoint United 5tates Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Uuaranty Insurance Underwriters, Inc. CertiTcate No. �? t=' � � ^� �j � C_ T'heodore C. Sevier, Jr., C. R. Hemandez, Ralph E. Nosal, Katherine J. Sbarboro, Debra R. Keebler, Sandra Nowakowski and Joseph R. Poplawski �Chica o Illinois of the City of � , Stat� , their true and lawful Attorney(s)-in-�act, each in their separate capacity if more than one is named above, to sign its name as �urety ro, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fideli�y of persons, guaranteeing the performance of cc�ntracts and executing or guaranteeing bonds and undertakings requu'ed or permitted in any actions or proceedings alluwed hy law. ' IN WITNESS WHEREOF, the Companies have caused this instrument tq be signed and sealed this 1 St day of December , 1999 Seaboard Surety Company United States Fidelity and Guaranty Cumpany � St. Paul Fire and Marine Insurance Company ��, h'idelity and Uuaranty Insurance Company St. Paul Guardian Insurance Company 4� Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company F E } �, � ' ��TY ' F�rt y �N �NS'� Pt�xSyyq �'/ � * J *r \ .......G J:......... �' Y � � � i ¢:' P099 2O`i �t �927� � ' ��poxvoe, � ,'oa r':�. ,ip°ro'' f. f . : � O Nr C � � �' SEAL '01 '.''.Sfi�L.:; � '^ �� ` y9%% �� 10HN F. PHINrIEY, Vice President - . q 9�� NEW� S�F;,,,"�t`o �of... ��L�lj ''1s......-�i.^ `V � �� S�'�;,,� �» A�� , State of Maryland 1' -"�—' �• � C� City of Baltimot'e MICHA6L R. MCKfBBEN, Assistant Secretary ' On this lSt d�ry of DeCember , 1999 , before me, the undersigned ofticer, personally appeared Joh� F. Phinney and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire aod Mazine [nsurance Company, St. Paul Guardian Insurance Company, St. Paul Mercw•y lnsurance Company, United States Fidelity and Guaranry Company, Fidelity and Guaranty Insurance Company, �and Fidelity and Guazanty Insurance Underwriters, Inc.; and that thz seals aftixed to the foregoing instrumenC are the corporate seals of , said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly autho�ized ofticers. ' ' 1 � In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 13th day of July, 2002. 0�'G�p EAS�� N�TARY y� y PUeCfC � y�qE CiTV �O ��-,�,� - �--,K.,��, REBECCA EASLEY-ONOKALA, Notary Public � �f��G� ��.� G'[�C��D �� .Gi�� Uu �U!VC_I;IIUg ��Wo '\86203 Rev. 11-99 Printed in U.S.A. / � � � S i ATC OF ILLINOIS COUNTY OF COOK ss.: CHICAGO Grt ittis 2� day oT ��'s"� �, bei'ors me personalfy appeared C. R. Hernar.dea , to rne knpwn, wha, being by me duiy sworn, did deposz and say: that g he _ reside(s) at Chica�o, I1linois ' that S he_ is/ate t�te Attorney-in-Fact "ure[y of iTnited SCates Fidelity and Guaranty C�mpany , the corpera�ion describe� �mpany ..cknowledgment in and wnich execute� tt�e annexe� instrument; that �he_ know(s� �e corporate ssal of said cnrpQration; that t,`�e seal ar'rixed ta s.aid ins�rument is suc� corporate �zaf; that it was sa a��ixe� by Qroer of the 6aard of Di��ctors oT said corporation; that S he, sianed the same name(s} thereto by like orde�, ard that �i-�e iiabiiities of said corporatian do not ex- � casd its assets as asc�rained in the manner provide� by (aw. . R �/��; c�.�� , ��e_Q�z_ (Nozary Pubiic in and far the above County and Stattl 1/31/Ol 9�NG-37fi8-A jvly cpmmiaian axpirn ��rr�r�� ; "OFFICIAL SEAL" . • BARBARg„R, 1N,q�T�SE : � n�ntary Public,�tats of Illinois � • �"� C� ,,;;'�ssion Expires 1/31/01 • ,sr.m.�v�•v..�..00.�1�� '�.�'��0��1�� C��C � '�: �� (��u �� ° �� C�� r��o �G�{o , � ' � CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certiiies that it provides worker's compensation insurance coverage for all of its employees employed on City � of Fort Worth Project Number . � C �ica�a r,d � Tra� �'o.�a/�a•�y�i�elawv�� Contractor % IC �9� . .�.L _1 � G �/� �.? _ ' .. +7. L/ I � I G(j(�.er�/ 2�� 20 00 � Date L STATE OF TEXAS � � COUNTY OF TARRANT § BEF�ME, the undersigned authority, on this day personally appeared �� _ � �aqh ,,, � , known to me to be the person whose name is su cribed to the ' foregoing instrument, and acknowledged to me that he executed the same as the act and in the capacity therein stated. � GIVEN UNDER MY HAND AND SEAL OF OFFICE this o�� day of �(� � � �"'��Y,� SYLVIA GLOVER � : �� Motary P�Ik _ � '_ * �' * s�ra� o� �r�xas . - � c,nrn, exa• oeisoizoo�� ' �i �� ,r� �.� �� _ Notary blic in and for the State of Texas ��C�OC��: ��'�1G?@ �D� g��G��G?� �a �� Page 1 of 1 � O � � � a 0 � � � � � � � � � � 0 � , � � PART G e i ' u��OC�.a�� C�C�QD �D� ��Qt��1��( IfUa �%U�;�B�� Ul��e � 0 � ' PART G - CONTRACT � THE STATE OF TEXAS § _ § �• COUNTY OF TARRANT § � � � � r THIS CONTRACT, made and entered into �-�y'�2.,.�,L�. �ZS ��t� by and between the City of Fort Worth�ia home-rul� 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 CNtr�� $?�c �c�E � Ir�o� �.tAat� %A�P.�•,� of the City of 4�4CUS-rarJ , County of F4�e,�s AND State of T'exas , 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: �,,, Structural Repair of the Existing Meadowbrook 2.0 MG Elevated Storage Tank �" Fort Worth Water Department Project No.: '�'"" 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 the 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 written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers ,� endorsement 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 the 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 ��`�r��i�`� G��C��°�D +;�� C��G�� ° Q1� �a UVLJ�a�P �� ' � 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 thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties of these presents have executed this Contract in quadruplicate in the year and day iirst above written. AT ST: .P Qd,.L�dv'� � , Gloria Pearson, City Secretary �- :� 4�- pp �� . (SEAL) �, WITNESSES: City of Fort Worth, Texas (Owner) Party of the Firs.� Par B � ` Y� Bo� Terrell,�City Manager Contract Authorization Date CONTRACTOR: Approved for Fort Worth City Water Department: ('�,�,a�� P��,pc�c '� ►�a Ca�,PaaY ��`L�� Dale Fisseler, i�.E�, Director By: Approved as to Form and Legality: �� Wade A ns, Cit� Attorney � 0 LI C' - l %�/� Contract Authorization �1 �� Date � � , c-2 ��i�=i�U��CG�r� G'�'G�°'@ �:; U� u� C''��: �t�� n ltS U �e UU�JUC�uUtl� �Lh(Nv � ' ' � � � � M I 1 r � � � � � � � ' ❑ Y 0 � . m PART H ��f�OC�OI�� ?�C��D �0� ��GG��Q� U Uo VVII�'�IIUQ �L7GNa City of Fort Worth, Texas �1►�Ayar And C,aunc�( an�n�tun�cAt�ian C DATE REFERENCE NUMBER LOG NAME PAGE 2/15/00 C-17865 60CHICAGO � 1 of 2 SUBJECT AWARD OF CONSTRUCTION CONTRACT TO CHICAGO BRIDGE AND IRON COMPANY FOR THE EMERGENCY STRUCTURAL REPi..ACEMENT AT MEADOWBROOK ELEVATED STORAGE TANK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with Chicago Bridge and Iron Company in the amount of $615,000 for the emergency structural replacement at the Meadowbrook Elevated Storage Tank. DISCUSSION: On January 22, 1999 (M&C C-17222), the City Council authorized the execution of a construction contract with Advantage Contract Services, Inc. for the repair and repainting of the existing Meadowbrook 2.OMG Elevated Tank and repair of the existing Alta Mesa 9.2MG Ground Storage Tank. During the initial inspection of the Meadowbrook Elevated Tank by the contractor (Advantage Contractors), extensive structural damage from corrosion on the interior of the tank was found. On October 26, 1999, Chicago Bridge and Iron (CBI), the original tank manufacturer, inspected the interior of the tank and recommended that the most cost-effective repair option is to remove the top half of the tank bowl and replace it with a new tank bowl. This work is beyond the capabilities of the current contractor and will require the services of a contractor who specializes in steel tank design, fabrication and erection. The assessment was confirmed by Trinity Engineering and Testing Corporation on December 8, 1999. The Meadowbrook Elevated Tank must be in service for the summer months to meet increased water demand. For the tank to be in service for next summer, a contractor must start work immediately. As a result, staff requested a waiver of competitive bidding and selected the original tank manufacturer, Chicago Bridge and Iron Company, for the removal of the top portion of the existing tank bowl and structural design, steel fabrication and erection of the new steel tank bowl. The repairs will be completed within 155 calendar days. The Department of Law and the City Manager's Office approved the waiver of competitive bidding, and the contractor was authorized to proceed on January 19, 2000. A waiver for M/WBE subcontracting was requested by the Water Department and approved by the M/WBE Office. A public administrative emergency exists which requires services to be provided with unusual immediacy. City of Fo�t Worth, Texas �I�A�ar A11d Caunc�l Can�n�un��cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 2/15/00 C-17865 , 60CHICAGO 2 of 2 SUBJECT AWARD OF CONSTRUCTION CONTRACT TO CHICAGO BRIDGE AND IRON COMPANY FOR THE EMERGENCY STRUCTURAL REPLACEMENT AT MEADOWBROOK ELEVATED�STORAGE TANK FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the`current capital budget, as appropriated, of the Commercial Paper-Water Fund. MG:j .„ •a , Submitted for City Manager's Office by: Mike Groomer Originating Department Head: Dale Fisseler Additional Iuformation Contact: 6140 I FUND I ACCOUNT I CENTER I' AMOUNT I (to) I I (from) � PW77 541200 060770180120 $615,000.00 ICITY SECRETARY � /tii'r'nV T �. I CITY COU�VC�L. � FEB 1 s 2000 i�g+�� 'a,�..�.� � Clty Secretary af the � Cltp of Fort Worth, TersP 8207 i i Dale Fisseler 8207 I