HomeMy WebLinkAboutRes 19-09 Authorizing the Town Manager to execute an agreement with NG Painting TOWN OF WESTLAKE
RESOLUTION NO. 19-09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS,
WITH N.G. PAINTING FOR REPAIRS AND REPAINTING OF THE 685,000-GALLON
GROUND STORAGE TANK AND AMENDING THE ADOPTED BUDGET TO
PROVIDE FUNDING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the state requires water purveyors to provide a safe and adequate supply of
water to citizens and water customers within their geographic service area; and
WHEREAS, the provision of water service throughout the Town of Westlake is of vital
importance to the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Westlake desires to secure and maintain an adequate potable water source
for the health, safety, and welfare of the citizens of Westlake; and
WHEREAS,the existing 685,000 gallon ground storage tank was constructed in 2000 and
is in need of repair and repainting; and
WHEREAS,the Town Council find that the repair and repainting is sound infrastructure
planning consistent with goals and objectives within the adopted strategic plan; and
WHEREAS, the Town Council finds that the repairs and repainting of the ground storage
tank is necessary and that the Utility Maintenance and Replacement Fund should be amended to
allocate appropriate funding; and.
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW,THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE,TEXAS:
SECTION 1: All matters stated in the Recitals above are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
SECTION 2: The Town Council of the Town of Westlake hereby approves the contract
with N.G.Painting for the repair and repainting of the 685,000 gallon ground storage tank,attached
as Exhibit "A", and further authorizes the Town Manager to execute the agreement on behalf of
the Town of Westlake, Texas.
Resolution 19-09
Page 1 of 2
SECTION 3: The Town Council of the Town of Westlake hereby approves a budget
amendment to the Ground Storage Tank Repainting project in the Utility Maintenance and
Replacement Fund for an additional $186,200.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY,2019.
OF W"z.
ATTEST: a a eat, Mayor
;IXAS.
Kelly Edw s, Town Secretary
APPRO AS FO
RM::
tanton own Attorney
Resolution 19-09
Page 2 of 2
THE TOWN OF WESTLAKE, TEXAS
WEST PUMP STATION
685,000 GALLON GROUND TANK REPAINT
1
T H E T 0 W H O F
WESTLAKE
DISTINCTIVE BY DESIGN
CONTRACT DOCUMENTS
AND SPECIFICATIONS
PREPARED BY: !ExAS;,.....�„r
TEAGUE NALL AND PERKINS, INC
5237 N RIVERSIDE DRIVE, SUITE 100
FORT WORTH, TEXAS-76137
TBPE REGISTRATION NO: F-230;
TBLS: 10011600, 10011601, 10197381 ` �?' -�Op��Q`�;�C7� //�
^ tnp
league nail & perkins
TNP# WSL 18253
JANUARY 2019
THE TOWN OF WESTLAKE, TEXAS
WEST PUMP STATION
685,000 GALLON GROUND TANK REPAINT
ADDENDUM NO. 1
TNP#WSL 18253
January 24, 2019
This addendum forms a part of the Contract described above. The original Contract
Documents and any prior addenda remain in full force and effect except as modified by
the following, which shall take precedence over any contrary provisions in the prior
documents. The following items shall be modifications to or clarifications of the
construction plans, drawings and specifications, and shall become a part of the Contract
Documents.
SPECIFICATIONS:
—TECHNICAL SPECIFICATION ITEM 09900: PAINTING STEEL WATER
STORAGE TANKS:
Replace the referenced Technical Specification Item 09900 with the
attached revised Technical Specification Item 09900.
This Addendum shall be acknowledged as indicated on Page 1 of the Bid
Proposal.
TEAGUE NALL & PERKINS, INC.
Greg D. Saunders, P.E.
TECHNICAL SPECIFICATION ITEM 09900:
PAINTING STEEL WATER STORAGE TANKS
PART 1 —GENERAL
1.01 SCOPE The work of this section includes the removal of existing coatings as
required,preparation of steel surfaces and application of prime/finish coatings on interior
and exterior of steel water storage tanks.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Special Provisions of these Documents.
Technical Specification Item 13250 - Repair of Steel Tanks and Appurtenances
1.03 REFERENCE SPECIFICATIONS AND STANDARDS
A. Without limiting the general aspects of other requirements of these specifications, all
surface preparation,coating and painting of interior and exterior surfaces and inspection
shall conform to the applicable requirements of the Steel Structures Painting Council,
NACE International,ASTM(American Society for Testing and Materials),AWWA and
the manufacturer's printed instructions.
The Engineer's decision shall be final as the interpretation and/or conflict between any of
the referenced specifications and standards contained herein.
1.04 CONTRACTOR
A. The Contractor shall have five(5)years' practical experience and successful history in
the application of specified product to surfaces of steel water tanks. Upon request, he
shall substantiate this requirement by furnishing a list of references and job completions.
B. The Bidder shall submit with his bid a written statement that he is familiar with the
materials specified and has workers capable of performing the work specified herein.
C. The personnel performing the work shall be knowledgeable and have the required
experience and skill to adequately perform the work for this project,in accordance with
SSPC-PA1, "Shop, Field and Maintenance Painting".
1.05 QUALITY ASSURANCE:
General: Quality assurance procedures and practices shall be utilized by the Contractor to
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monitor all phases of surface preparation,application and inspection throughout the duration
of the project. Procedures or practices not specifically defined herein may be utilized
provided they meet recognized and accepted professional standards and are approved by the
Engineer.
A. Surface Preparation: Surface preparation will be based upon one or more of the following
standards: "Pictorial Surface Preparation Standards for Painting Steel Surfaces:
SSPC_VIS I-89", ASTM Designation D2200, latest revision; "Standard Methods of
Evaluation Degree of Rusting on Painted Surfaces", ASTM D4417, latest revision;
Method A and/or Method C ofNACE Standard SPO287,and ASTM Designation D610"
Visual Standard for Surfaces of New Steel Airblast Cleaned with Sand Abrasive". In all
cases the written standard shall take precedence over the visual standard. In addition,
NACE Standard SP0178, along with the Visual Comparator shall be used to verify the
surface preparation of welds.
B. Application: No coating or paint shall be applied when: 1) the surrounding air
temperature or the temperature of the surface to be coated or painted is below the
minimum surface temperature for the products specified herein,2)rain,snow,fog or mist
is present,3)the surface temperature is less than 5 degrees F above the dew point,4)the
air temperature is expected to drop below the minimum temperature for the products
specified within six hours after application of coating, or 5) the surface has not been
properly prepared or is wet.
Dewpoint shall be measured by use of an instrument such as a Sling Psychrometer in
conjunction with U.S. Department of Commerce Weather Bureau Psychrometric
Tables. If any of the above conditions are forecasted or prevalent,coating or painting
shall be delayed or postponed until conditions are favorable. The day's coating shall
be completed in time to permit the film sufficient drying time prior to damage by
atmospheric conditions.
C. Inspection:
1. Thickness and Holiday Checking: Thickness of coatings and paint shall be
checked with a non-destructive,magnetic-type thickness gauge,as per SSPC-PA-
2 " Measurement of Dry Film Thickness with Magnetic Gages". References in
PA-2 which allow 80% of the minimum thickness specified are not acceptable.
Use an instrument such as a Tooke Gauge, if a destructive test is deemed
necessary by the Engineer.
The integrity of interior coated surfaces shall be checked with a low voltage
holiday detector in accordance with NACE Standard SP0188. Non-destructive
holiday detection shall not exceed 67.5 volts, nor shall destructive holiday
detection exceed the voltage recommended by the manufacturer of the coating
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system. A solution of 1 ounce non-sudsing-type wetting agent, such as Kodak
Photo-Flo,and 1 gallon of tap water shall be used to perform the holiday testing.
All pinholes and/or holidays shall be marked and repaired in accordance with the
manufacturer's printed recommendations and retested. No pinholes or other
irregularities will be permitted in the final coating.
2. Inspection Devices:The contractor shall furnish,until final acceptance of coating
and painting, inspection devices in good working condition for detection of
holidays and measurement of dry film thickness of coating and paint. The
Contractor shall also furnish U.S.Department of Commerce,National Bureau of
Standards certified thickness calibration plates and/or plastic shims, depending
upon the thickness gauge used,to test the accuracy of dry film thickness gauges
and certified instrumentation to test the accuracy of holiday detectors. Dry film
gauges and holiday detectors shall be made available for the Engineer's use at all
times until final acceptance of application. Holiday detection devices shall be
operated in the presence of the Engineer.
3. Inspections: Inspection for this project shall consist of`hold point' inspections.
The Engineer or his representative shall inspect the surface prior to abrasive
blasting or cleaning, after existing coating has been removed but prior to
application of coating materials, and between subsequent coats of material.
Final inspection shall take place after all coatings are applied but prior to placing
the tank in service. Contractor will insure that sufficient rigging is in place so
that the Engineer or his representative shall be able to conduct the required
inspections.
4. Warranty Inspection: Warranty inspection shall be conducted during the eleventh
month following acceptance of all coating and painting work. All defective work
shall be repaired in accordance with this specification and to the satisfaction of
the Engineer and/or Owner.
1.06 SAFETY AND HEALTH REQUIREMENTS
A. General: In accordance with requirements set forth by regulatory agencies applicable to
the construction industry and manufacturer's printed instructions and appropriate
technical bulletins and manuals,the Contractor shall provide and require use of personal
protective lifesaving equipment for persons working on or about the project site.
B. Head and Face Protection and Respiratory Devices:Equipment shall include protective
helmets which shall be worn by all persons while in the vicinity of the work. In addition,
workers engaged in or near the work during sandblasting shall wear eye and face
protection devices and air purifying half-mask or mouthpiece respirators with appropriate
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filters. Barrier creams shall be used on any exposed areas of skin.
B. Ventilation: Where ventilation is used to control hazardous exposure, all equipment
shall be explosion-proof. Ventilation shall reduce the concentration of air
contaminants to the degree where a hazard does not exist. Air circulation and
exhausting of solvent vapors shall be continued until coatings have fully cured.
C. Sound Levels: Whenever the occupational noise exposure exceeds maximum
allowable sound levels, the Contractor shall provide and require the use of approved
ear protection devices.
D. Illumination: Adequate illumination shall be provided while work is in progress,
including explosion-proof AWWA D102-11 AWWA lights and electrical equipment.
Whenever required by the Engineer, the Contractor shall provide additional
illumination and necessary supports to cover all areas to be inspected. The level of
illumination for inspection purposes shall be determined by the inspector.
E. Temporary Ladders and Scaffolding: All temporary ladders and scaffolding shall
conform to applicable safety requirements. They shall be erected where requested by
the Engineer to facilitate inspection and be moved by the Contractor to locations
requested by the Engineer.
1.07 PRODUCT DELIVERY, STORAGE &HANDLING
A. All materials shall be brought to the job site in original sealed containers. They shall not
be used until the Engineer has inspected the contents and obtained data from information
on containers or label. Materials exceeding storage life recommended by the
manufacturer shall be rejected.
B. All coatings and paints shall be stored in enclosed structures to protect them from
weather and excessive heat or cold. Flammable coatings and paints must be stored to
conform with Town, County, State and Federal safety codes for flammable coating or
paint materials. At all times coatings and paints shall be protected from freezing.
PART 2—MATERIALS
2.01 GENERAL REQUIREMENTS
A. All materials shall be lead-free as defined by the Consumer Product Safety Act, Part
1303.
09900-4
B. All zinc dust pigment contained in any zinc-rich material shall meet the requirements of
ASTM-D 520, Type II as regards zinc content and purity.
C. All materials for the interior wetted portion of the tank shall meet the requirements of
ANSUNSF Standard 61 for potable water content.
2.02 ACCEPTABLE MANUFACTURERS
A. Materials specified are those that have been evaluated for the specific service. Products
of the Tnemec Company, Inc. are listed to establish a standard of quality and are the
preferred products of the Town based on previous projects using similar materials.
Equivalent materials of other manufacturers may be submitted to the Engineer upon
written request of the Contractor. Written approval for the specific product(s) shall be
obtained from the OWNER prior to the date of Bid Opening. As part of the proof of
equality, the Engineer may require, at the cost of the Contractor, certified test reports
from a nationally known, reputable and independent testing laboratory conducting
comparative tests as directed by the Engineer between the product specified and
requested substitution.
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 (5)
successful steel tank painting projects within a 100-mile radius of the subject project
shall be submitted in which each product has been used and has rendered a satisfactory
service for a minimum of ten(10)years.
C. Manufacturer's color charts shall be submitted to the Town and Engineer at least 30 days
prior to coating and/or paint application. The Contractor shall coordinate work so as to
allow sufficient time(normally seven to ten days)for paint to be delivered to the job site.
D. Any approved substitutions will require the Contractor to reimburse his cost savings to
the Town. If the substituted products are of higher cost to the Contractor than the
specified products,the additional costs shall be borne by the contractor and no additional
payments will be allowed.
2.03 MATERIAL PREPARATION
A. Mix and thin materials according to manufacturer's latest printed instructions.
09900-5
B. Do not use materials beyond manufacturer's recommended shelf life.
C. Do not use mixed materials beyond manufacturer's recommended pot life.
2.04 TANK INTERIOR COATING SYSTEM
A. Surface Preparation Prior to Blast AWWA Cleaning: Weld flux and spatter shall be
removed by power tool cleaning. Sharp projections shall be ground to a smooth
contour. All welds shall be ground to a smooth contour as per NACE Standard
SP0178 and herein.
B. Surface Preparation: SSPC-SP 10 Near-White Metal Blast Cleaning. Anchor profile
shall be 1.5 to 2.5 mils as per ASTM D 4417,Method C or NACE Standard SP0287.
C. Coating System: AWWA D102-11, Inside Coating System No. 3
1"Coat(over bare metal): Tnemec Series 94-H20 Hydro-Zinc, Gray /
Green color applied at 2.5 to 3.5 dry mils. Thin only with
approved thinner, Tnemec 41-2 or 41-3 Thinner.
Stripe Coat: Tnemec Series N140 Pota-Pox Plus applied by brush and
scrubbed into all weld seams. In addition to weld seams, all
edges, corners, bolts, rivets, and pits shall receive a stripe
coat.
2°d Coat: Tnemec Series 141/WH03 Epoxoline, Off-White color,
applied at 12.0 to 18.0 dry mils per coat. Thin only with
approved thinner.
Total dry film thickness shall be a minimum of 15.0 mils per SSPC-PA 2 dry film
inspection standards, with exception as noted in this specification.
For cold weather applications,Series 44-700 Accelerator may be added to Series 91-
H20.
2.05 TANK EXTERIOR COATING SYSTEM: Pre-Design Testing of the existing coatings has
revealed heavy metals contamination which may result in hazardous disposal quantities
beyond the EPA Minimum Contamination Level. The Contractor is cautioned to provide
coating removal,containment and treatment/disposal as may be required in accordance with
09900-6
Technical Specification Item 09090, Removal and Disposal of Heavy Metals in Paint, and
applicable standards. Cleaning and painting operations for the exterior of the tank may be
performed within a protective enclosure or by another approved method to prevent the drift
of cleaning material and paint particles into the atmosphere and to adjacent property. In any
event, the Contractor is held responsible for damages caused to adjacent property and for
conformance to State and Federal requirements.
A. Surface Preparation Prior to Abrasive Blast Cleaning:
Weld flux and spatter, if any, shall be removed by power tool cleaning. Sharp
projections shall be ground to a smooth contour. All welds shall be ground to a
smooth contour as per NACE Standard SP0178 and herein.
B. Surface Preparation:
Commercial Blast Cleaning (SSPC-SP6 NACE No.3): Prime bare metal
surfaces with zinc-rich,two-component urethane primer applied at 2.5 to 3.5 dry
mils.
C. DELETED
D. Coating Systems, Alternate B:
AWWA D102-11, Outside Coating System No. 4.
Prime Coat(over bare metal):Tnemec Series 94-H2O, Hydro-Zinc applied
at 2.5 to 3.5 dry mils. Thin with Tnemec 41-3
thinner to 5%for rolled application. Caution:
this material has a maximum surface
temperature of 100 degrees F.
Intermediate Coat: Tnemec Series 73-Color Endura-Shield applied at 2.0
to 3.0 dry mils. Thin only with approved thinner,
Tnemec 41-42 Thinner for spray; Tnemec 41-39
Thinner for brush or roller.
Finish Coat: Tnemec Series 700,HydroFlon applied at 2.0 to 3.0 dry mils.
Thin with Tnemec 41-63 for spray, brush or roller.
Total dry film thickness(DFT)shall be a minimum 6.5 mils per SSPC-PA 2
dry film inspection standards, with exception as noted in this specification.
09900-7
PART 3—EXECUTION
3.01 GENERAL
A. All surface preparation,coating and painting shall conform to applicable standards of
the Steel Structures Painting Council, NACE International and the manufacturer's
printed instructions. Materials applied to the surface prior to proper preparation in the
opinion and with the approval of the Engineer shall be removed and re-applied to the
satisfaction of the Engineer at the expense of the contractor.
B. All work shall be performed by skilled craftsmen qualified to perform the required
work in a manner comparable with the best standards of practice.
C. The Contractor shall provide an English-speaking supervisor at the work site during
cleaning and application operations. The supervisor shall have the authority to sign
and change orders, coordinate work and make decisions pertaining to the fulfillment
of the contract.
D. Dust, dirt, oil, grease or any foreign matter that will affect the adhesion or durability
of the coating or paint must be removed by washing with clean rags dipped in an
approved cleaning solvent and wiped dry with clean rags.
E. Coating and painting systems include surface preparation, prime coating and finish
coatings. Unless otherwise approved in writing by the Engineer, prime coating shall
be field applied. Where prime coatings are shop applied,the Contractor shall instruct
suppliers to provide the prime coat compatible with the specified finish coat. Any
shop-primed coating which does not conform to this specification shall be completely
removed. Any coating applied off-site which is subjected to damage during
transportation, construction or installation shall be thoroughly cleaned and touched-up
in the field as directed by the Engineer. The Contractor shall use repair procedures
which insure the complete protection of all adjacent primer. The specified repair
method and equipment may include wire brushing, hand or power tool cleaning, or
dry air blast cleaning. In order to prevent injury to surrounding painted surfaces, blast
cleaning may require use of lower air pressure, smaller nozzle and/or abrasive blast
particles, or shorter blast nozzle distances from surface shielding and masking. If
damage is too extensive or uneconomical to touch-up, the entire item shall be blasted
and then coated or painted as directed by the Engineer.
F. The Contractor's coating and painting equipment shall be designed for application of
the materials specified and shall be maintained in first-class working condition.
Compressors shall have suitable traps and filters to remove water and oils from the
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air. Contractor's equipment shall be subject to approval of the Engineer.
G. Application of the first coat shall follow immediately after surface preparation and
cleaning and stripe coat, if applicable, before rust bloom occurs or the same day,
whichever is less. Any cleaned areas not receiving a first coat within this period shall
be re-cleaned prior to application of the first coat. The use of dehumidifying
equipment to prolong this period shall be first approved by the Engineer and coatings
manufacturer prior to deviating from this provision.
H. Prior to assembly, all surfaces made inaccessible after assembly shall be prepared as
specified herein and shall receive the coating or paint system specified.
3.02 SURFACE PREPARATION
A. The latest revision of the following surface preparation specifications of the Steel
Structures Painting Council (SSPC) shall form a part of this specification. The
summaries listed below are for informational purposes; consult the actual SSPC
specification for full detail.
1. Solvent Cleaning (SSPC-SP1): Removal of oil, grease, soil and other
contaminants by use of solvents, emulsions, cleaning components, steam
cleaning or similar materials and methods which involve a solvent or
cleaning action.
2. Hand Tool Cleaning(SSPC-SP2):Removal of loose rust,loose mil scale and
other detrimental foreign matter to a degree specified by hand chipping,
scraping, sanding and wire brushing.
3. Power Tool Cleaning (SSPC-SP3): Removal of loose rust, loose mil scale
and other detrimental foreign matter by power wire brushing,power impact
tools or power sanders.
4. White Metal Blast Cleaning(SSPC-SP5/NACE No. 1): Air blast cleaning to
a gray-white uniform metallic color until each element of surface area is free
of all visible residues.
5. Commercial Blast Cleaning`(SSPC-SP6 NACE No. 3): Air blast cleaning
until at least two-thirds of each element of surface area is free of all visible
residues.
6. Brush-Off Blast Cleaning (SSPC-SP7 NACE No. 41: Air blast cleaning to
remove loose rust, loose mil scale and other detrimental foreign matter to a
degree specified.
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7. Near-White Metal Blast Cleaning (SSPC-SP10 NACE No.2): Air blast
cleaning until at least 95% of each element of surface area is free of all
visible residues.
8. Power Tool Cleaning to Bare Metal(SSPC-SP11):Differs from SSPC-SP3 in
that it requires more thorough cleaning and a surface profile not less than 1
mil.
9. Surface Preparation by Water Jetting(SSPC-SP12 NACE No. 2)• High and
Ultra-High Pressure Water Jetting to achieve various degrees of surface
cleanliness prior to recoating.
B. Slag,weld metal accumulation and spatters not removed by the Fabricator,Erector or
Installer shall be removed by chipping and/or grinding. All sharp edges shall be ball-
peened,ground or otherwise blunted as required by the Engineer. All grinding and
finishing of welds, edges, etc. shall be performed prior to solvent cleaning and/or
abrasive blasting. Welds shall be prepared as per NACE Standard SP0178 for all
interior and exterior surfaces:
1. Butt Welds: Shall be ground smooth and free of all defects, designation"D".
2. Lap Welds: Shall be ground smooth and blended, designation"D".
3. Fillet Welded Tee Joint: Shall be ground smooth and blended,designation"D".
C. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed.
Blast nozzles shall be Venturi-type nozzles with a minimum pressure at the nozzle of
90 psi.
D. Particle size of abrasives used in blast cleaning shall be that which will produce a 1.5
- 2.5 mil (37.5 microns - 65.0 microns) surface profile or in accordance with
recommendations of the manufacturer of the specified coating or paint system to be
applied.
If the profile of the blasted steel exceeds the profile specified above, the Contractor
shall be required to do one or both of the following:
1. Re-blast the surface using a finer aggregate in order to produce the required
profile.
2. Apply a thicker prime coat,if possible given the limitations of the products being
applied, in order to adequately cover the blast profile.
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E. Abrasive used in blast cleaning operations shall be new, washed,graded and free of
contaminants that would interfere with adhesion of coating or paint and shall not be
reused unless specifically approved in writing by the Engineer.
F. During blast cleaning operations, caution shall be exercised to insure that existing
coatings or paint not scheduled for removal are not exposed to abrasion from blast
cleaning.
G. The Contractor shall keep the area of his work and the surrounding environment in a
clean condition. He shall not permit blasting materials to accumulate as to constitute
a nuisance or hazard to the accomplishment of the work,the operation ofthe existing
facilities or to the surrounding environment.
H. Blast cleaned surfaces shall be cleaned prior to application of specified coatings or
paint. All surfaces shall be free of dust, dirt, and other residue resulting from the
abrasive blasting operation. No coatings or paint shall be applied over damp or moist
surfaces.
I. All welds shall be neutralized with a suitable chemical compatible with the specified
coating or paint.
J. Pitted areas on the tank interior shall be repaired by either filling with seam sealer,
Tnemec Series 63-1500 Epoxy Filler and Surfacer or by welding. Sealer and epoxy
filler shall be feathered smooth. No protrusions or spatter will be allowed. Pits shall
be repaired per Technical Specification Item 13250.
K. Specific Surface Preparation: Surface preparation for the specific system shall be as
noted in Sections 2.04 and 2.05.
3.03 APPLICATION, GENERAL
A. Coating and paint application shall conform to the requirements of the Steel Structure
Painting Council Paint Application Specification SSPC-PA1,latest revision,for"Shop,
Field and Maintenance Painting".
B. Thinning shall be permitted only as recommended by the manufacturer and approved by
the Engineer, and utilizing the thinners stated in Sections 2.04 and 2.05.
C. Each application of coating or paint shall be applied evenly, free of brush marks, sags,
runs, with no evidence of poor workmanship. Care shall be exercised to avoid lapping
on glass or hardware. Coatings and paints shall be sharply cut to lines. Finished surfaces
shall be free from defects or blemishes.
09900-11
D. Protective coverings or drop cloths shall be used to protect floors, fixtures, equipment
and the environment. Care shall be exercised to prevent coatings and paints from being
spattered onto surfaces which are not to be coated or painted. Report to Engineer
surfaces from which materials cannot be satisfactorily removed.
E. When two coats of coating or paint are specified or required, where possible, the first
coat shall contain sufficient approved color additive to act as an indication of coverage or
the two coats must be of contrasting color.
F. Film thickness per coat as specified in Sections 2.04 and 2.05 are the minimum required.
If roller application is deemed necessary,the Contractor shall apply additional coats as to
achieve the specified thickness.
G. All material shall be as specified.
3.04 COATING SYSTEMS APPLICATION
A. After completion of surface preparation as specified for the specific system, materials
shall be applied as noted in Sections 2.04 and 2.05.
B. Care shall be taken so as to eliminate overspray and dry spray prior to the application of
the succeeding coat.
3.05 DISINFECTION
A. Disinfection of interior surfaces shall be performed in the presence of the Engineer in
accordance with all the requirements of applicable AWWA Standards and regulatory
agencies.
B. Disinfection shall be performed after protective coatings have been applied to the interior
surfaces and allowed to thoroughly cure.
C. Prior to disinfecting, the complete interior shall be washed down with clean water and
thoroughly flushed out.
D. All interior surfaces shall be thoroughly washed with a solution having a minimum
chlorine content of 50 PPM. Chlorine solution accumulated on the bottom shall be
drained to waste. Rinsing with clean water is not required.
3.06 SOLVENT VAPOR REMOVAL
A. All solvent vapors shall be completely removed by suction-type exhaust fans and blowers
09900-12
before placing tank in operating service.
B. All solvent vapors will be exhausted both during and after coating application at a
minimum rate of one air change every four hours to allow the proper curing of the
coating material. High rates of production may require an increase in ventilation.
C. Ventilation shall be continued until such time as the coating has reached"full cure" as
specified by the coating manufacturer.
3.07 CLEAN UP: Upon completion of the work and scheduled inspections, all staging,
scaffolding and containers shall be removed from the site or destroyed in a manner approved
by the Engineer. Coating or paint spots or oil stains upon adjacent surfaces shall be removed
and the job site cleaned. All damage to surfaces resulting from the work of this section shall
be cleaned,repaired or refinished to the satisfaction of the Engineer at no cost to the Owner.
3.08 SUBMITTALS: Product submittals shall be made in accordance with the requirements of
the General Provisions and Special Provisions (SP-27) of these documents.
END OF ITEM
09900-13
TABLE OF CONTENTS
SECTION I CONTRACTUAL DOCUMENTS
Notice to Bidders
Special Instructions to Bidders
Notice to ALL BIDDERS
Qualification Statement
Financial Statement
Liabilities and Net Worth
Experience Record
Equipment Schedule
Bid Proposal
Standard Form of Agreement (Contract)
Performance Bond
Payment Bond
Maintenance Bond
Contractor's Release to Town
Contractor's Affidavit of Final Payment
Certificate of Insurance (Sample Form)
Wage Rates
SECTION Ii GENERAL CONDITIONS
IONS
SECTION III SPECIAL PROVISIONS
SECTION IV TECHNICAL SPECIFICATIONS
Section 09090 — Removal and Disposal of Heavy
Metals in Paint
Section 09900 - Painting of Steel Water Storage
Tanks
Section 13250 - Repair of Steel Ground Storage
Tanks and Appurtenances
SECTION V DRAWINGS
SECTION VI TESTING RESULTS
SECTION I
CONTRACTUAL DOCUMENTS
Notice to Bidders
Special Instructions to Bidders
Notice to ALL BIDDERS
Qualification Statement
Financial Statement
Liabilities and Net Worth
Experience Record
Equipment Schedule
Bid Proposal
Standard Form of Agreement (Contract)
Performance Bond
Payment Bond
Maintenance Bond
Contractor's Release to Town
Contractor's Affidavit of Final Payment
Certificate of Insurance (Sample Form)
Wage Rates
NOTICE TO BIDDERS
SEALED PROPOSALS addressed to the Mayor and Council of the Town of Westlake, Texas will be
received at Town Hall, 1500 Solana Boulevard, Westlake, TX 76262 until
2:00 PM (local time), February 5, 2019
for the purpose of furnishing all plant, labor, materials and equipment and the performance of all
work required in the construction of:
WEST PUMP STATION
685,000 GALLON GROUND TANK REPAINT
at which time and place the proposals will be publicly opened and read aloud and retained by the
Engineer for tabulation, checking and evaluation.
BIDS shall be submitted in sealed envelopes upon the blank form of proposal furnished. Sealed
envelopes shall be marked "WEST PUMP STATION 685,000 GALLON GROUND TANK
REPAINT" - DO NOT OPEN UNTIL: 2:00 PM, February 5, 2019"
The major work for this project shall consist of the following:
Constructing minor appurtenances and removing existing coatings and refinishing the
interior and exterior surfaces of an existing 685,000 gallon steel ground storage tank at the
Town's West Pump Station Site. Interior finish: potable water approved epoxy. Exterior
finish: prime with Epoxy mastic and finish with two-part polyurethane gloss. The preferred
coating manufacturer of the Town of Westlake is Tnemec.
PRE-QUALIFICATION of the Contractor is required of all bidders by the Owner. In addition,the low
bidder shall furnish a written experience record consisting of at least five(5)projects of similar scope
and type over the past ten (10) —year period. A current equipment schedule (owned, not rented)
shall accompany the experience record. The Owner reserves the right to use these items to
influence a decision as to the award of the contract.
SPECIFICATIONS and contract documents may be examined without charge at Town Hall (1500
Solana Blvd., Building 7, Suite 7200) or at the engineering firm of Teague Nall and Perkins, Inc.,
(5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137). Copies of said documents may be
obtained from the engineering firm of Teague Nall and Perkins, Inc., upon a non-refundable
payment of$ 50.00 per set.
In case of ambiguity or lack of clearness in stating proposal prices, the Town of Westlake reserves
the right to adopt the most advantageous construction thereof, or to reject any or all bids. No bid
may be withdrawn within sixty (60) days after date on which bids are opened.
Greg D. Saunders, P.E.
TNP
ADVERTISEMENT DATES: January 17, 2019
January 24, 2019
SPECIAL INSTRUCTIONS TO BIDDERS
1. BID SECURITY:
A certified check or cashier's check or acceptable bidder's bond made payable to
the Town of Westlake, Texas, in an amount of five percent (5%) of the bid
submitted shall accompany each bid as a guarantee that if awarded the contract,
the bidder will promptly enter into a contract and execute such bonds as are
required. For the bid bond to be acceptable, the surety company issuing said
bond shall be licensed to do business in the State of Texas and shall be included
on the current U.S. Treasury list of acceptable sureties, and the amount of the
bond written by any one acceptable company shall not exceed the amount
shown on the Treasury list for that company.
2. PRE-QUALIFICATION OF BIDDERS:
Pre-qualification of all bidders is required. The bidder must show evidence of
acceptability by completing a Qualification Statement contained in the project
specifications. Following bid opening, the low bidder or any other bidder under
consideration for award of the project by the Owner, may be required to furnish
additional qualification information, as shown in the Bid Documents, including a
written experience record consisting of at least five (5) projects of similar scope
and type over the past ten (10) — year period. If the bidder has not been doing
business as the subject firm for ten years, an experience record consisting of
three (3) similar projects within the past five (5) years will be acceptable. In
addition, a current equipment schedule (owned, not rented) shall accompany the
experience record. The Owner reserves the right to use these items of data to
influence a decision as to the award of the contract.
3. WAGE RATES:
Attention is called to the fact that not less than the prevailing wage rates, as
hereinafter set forth in Section I of these Contract Documents, which are made a
part hereof, must be paid on this project.
4. BONDS:
A performance bond and a payment bond, each in the amount of not less than
one hundred percent (100%) of the contract price, conditioned upon the faithful
performance of the contract and upon payment of all persons supplying labor or
furnishing materials, will be required on this project. Additionally, a two (2) year
maintenance bond, in the amount of not less than one hundred percent (100%)
of the final contract price, will be required on this project. Bonds shall be payable
to the Town of Westlake, Texas.
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5. POWER OF ATTORNEY:
Attorneys-in-Fact who sign bid bonds or contract bonds must file with each bond
a certified and current copy of their power of attorney.
6. PRE-BID CONFERENCE:
No Pre-Bid Conference is scheduled for this project. The Town, however,
welcomes all potential bidders to visit the site. Call Kory Kittrell @ 817-788-1030
to schedule a site visit.
7. STANDARD SPECIFICATIONS:
All related work required by this project shall be in accordance with the North
Central Texas Council of Government's "Public Works Construction Standards
Fifth Edition", Fifth Edition, with all amendments thereto, and the American Water
Works Association (AWWA) Standards ANSI/AWWA D100-11, "Welded Steel
Tanks for Water Storage" and ANSI/AWWA D102-11, "Coating Steel Water-
Storage Tanks", except as modified in the Contract Documents. These standards
are included in the Contract Documents by reference and are made a part
thereof. Omission of any standard from this project's Contract Documents does
not mean that such section is not applicable to this project.
8. LUMP SUM CONTRACT:
The contract for this project contains 'Lump Sum' prices. As such, the Owner
reserves the right to add and/or delete work as may be required to produce a
complete project. In the event the increase pertains to items not originally
included in the bid, the Contractor shall submit a bid in writing to the Owner for
approval.
It is agreed that lump sum prices may be increased to cover additional work
ordered by the Owner but not shown on the plans or required by the
specifications, in accordance with the provisions of the general conditions;
similarly, lump sum prices may be decreased to cover deletion of work so
ordered.
The Owner reserves the right to reject the Contractor's bid on such extra work
and secure such work to be done by other than said Contractor.
It is understood that the quantities of work to be done at unit prices is
approximate only and are intended principally to serve as a guide in evaluating
bids. Any change order shall be approved by the Town Manager and/or the
Town Council prior to the work being started on said change order.
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9. MEASUREMENT AND PAYMENT:
The basis of payment for the pay items noted in the proposal shall be full
compensation for furnishing all labor, materials, equipment and incidentals
required to complete the work as specified and as shown in the project drawings.
Any item of work not specifically listed for payment but required by the project
documents shall be considered an incidental item of the project and no specific
payment will be made.
10. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT:
The successful bidder, upon his/her failure or refusal to execute and deliver the
contract and bonds required within ten (10) days after he/she has received notice
of the award of his/her bid, shall forfeit to the Owner, as liquidated damages for
such failure or refusal, the security deposited with his/her bond.
11. CONDITIONS OF WORK/OBLIGATION OF BIDDER:
Each bidder must inform himself/herself fully of the conditions relating to the
construction of the project and the employment of labor thereon. Failure to do so
will not relieve a successful bidder of his/her obligation(s) to furnish all material,
labor, equipment and incidentals necessary to carry out the provisions of this
contract. Insofar as possible, the Contractor, in carrying out his/her work, must
employ such methods or means as will not cause any interruption of or
interference with the work of any other contractor or Town of Westlake public
employees.
At the time of the opening of bids each bidder will be presumed to have
inspected the site and to have read and to be thoroughly familiar with the plans
and Contract Documents (including all addenda). The failure or omission of any
bidder to examine any form, instrument, or documents shall in no way relieve the
bidder from any obligation in respect to his/her bid.
12. ADDENDA AND INTERPRETATIONS:
Should a bidder find discrepancies in, or omissions from the Contract
Documents, or should he/she be in doubt as to their meaning, he/she should at
once notify the Engineer in order that a written addendum may be sent to all
bidders. Answers to all requests for clarifications, interpretations and/or
explanations will be made a part of the Contract Documents. No other
explanation or interpretation will be considered official or binding.
Any addenda issued may be faxed and confirmed, mailed or delivered to each
prospective bidder. The bid proposal as submitted by the bidder must be so
constructed as to include any addenda issued by the Engineer, with the
appropriate recognition of addenda so noted in the bid proposal. No oral
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interpretation of the meaning of plans, specifications or other pre-bid documents
will be binding. Every request for such interpretation shall be in writing,
addressed to Greg Saunders, P.E., Teague Nall and Perkins, Inc., 5237 N.
Riverside Drive, Suite 100, Fort Worth, Texas 76137 or to
gsaunders@tnpinc.com, and to be given consideration, must be received at least
seven (7) calendar days prior to the date fixed for the opening of bids. Any and
all such interpretations and any supplemental instructions will be in the form of
written addenda to the specifications and plans.
13. LAWS AND REGULATIONS:
The bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract throughout,
and they will be deemed to be included in the contract the same as though herein
written out in full.
14. SUBMITTALS:
Prior to commencement of construction on this project the Contractor shall
submit to the Town Engineer and have his approval for all submittals as required
in the Special Provisions.
15. INSURANCE:
The Contractor shall furnish and maintain during the life of the contract adequate
Worker's Compensation and Commercial General Liability (Public) Insurance in
such amounts as follows:
Type of Insurance Amount
1. Worker's Compensation As set forth in the Worker's
Compensation Act.
2. Commercial General Each Occurrence $500,000
Liability (Public) General Aggregate $1 ,000,000
Products Comp/Ops Agg. $1,000,000
The Town of Westlake shall be named as an additional insured on the
Commercial General Liability (Public) Insurance Policy furnished by the
Contractor.
Each insurance policy shall contain a provision requiring that thirty (30) days prior
to expiration, cancellation, non-renewal or any material change in coverage, a
notice thereof shall be given by certified mail to the Town of Westlake, 3 Village
Circle, Suite 202, Westlake, Texas 76262.
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Companies issuing the insurance policies shall have no recourse against the
Town for payment of any premiums or assessments for any deductibles which
are at the sole responsibility and risk of the Contractor.
Proof that the insurance is in force shall be furnished to the Town.
The coverage provided herein shall be primary and noncontributory with any
other insurance maintained by the Town of Westlake, Texas, for its benefit,
including self insurance.
In the event any insurance policy shown on the Certificate of Insurance has an
expiration date that is prior to the completion and final acceptance of the project
by the Town of Westlake, the Contractor shall furnish the Town proof of identical
continued coverage no later than thirty (30) days prior to the expiration date
shown on the Certificate of Insurance.
The Contractor shall not commence work on any Contract in the Town of
Westlake until the Contractor has obtained all the insurance required under this
paragraph and such insurance has been approved by the Town.
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NOTICE TO ALL BIDDERS
Town of Westlake
West Pump Station 685,000 Gallon Ground Tank Repaint
WSL 18253
The Notice to Bidders requires all bidders to Pre-Qualify for this project. All bidders
shall include the completed Qualification Statement. Other forms contained within the
Bid Documents (Financial Statement, Liabilities and Net Worth, Experience Record and
Equipment Schedule) shall be completed by any Bidder considered for award upon
request of the Owner.
The Pre-Qualification information requested in the Notice to Bidders will be verified prior
to award. Any bids submitted without the required completed Qualification Statement
will be rejected.
This Notice shall not be removed from the Bid Documents.
TEAGUE NALL AND PERKINS, INC.
Greg D. Saunders. P.E.
Project Manager
QUALIFICATION STATEMENT
Submitted to: The Town of Westlake
(Corporation)
By: (Co-Partnership)
(Individual)
Principal Office:
The signatory of this questionnaire guarantees the truth and accuracy of all statements
and of all answers.
1. How many years has your organization been in business as a general contractor
under your present business name?
2. How many years experience in this type of construction work has your
organization had?
(a.) As a general contractor?
(b.) As a sub-contractor?
3. Have you ever failed to complete any work awarded to you?
If so, where and why?
4. In what manner have you inspected this proposed work?
5. The work, if awarded to you, will have the personal supervision of whom?
(a.) For administrative management
(b.) For construction superintendence
6. What portions of the work do you intend to sub-let? State names and addresses
of sub-contractors, and general portion to be performed by each in this project.
8. Have you received firm offers for all major items of equipment and material within
prices used in preparing your proposal?
The EXPERIENCE RECORD and EQUIPMENT SCHEDULE are hereby considered a
part of this Qualification Statement and may be required prior to award.
Project: West Pump Station 685,000 Gallon Tank Repaint
Owner: Town of Westlake, Texas
BIDDER:
BY:
ADDRESS:
PHONE:
Attest:
Secretary of Corporation
Bidder's Signature
(Seal) If Bidder is a Corporation
FINANCIAL STATEMENT
THIS FORM SHALL BE COMPLETED BY THE CONTRACTOR
UPON REQUEST OF THE OWNER, SHOULD THE BIDDER BE CONSIDERED FOR
AWARD
Condition of Bidder at close of Business month,
1. Cash on hand $ $
In Bank $ $
Elsewhere $ $
2. Accounts receivable from completed
Contracts (exclusive of claims not
Approved for payment) $ $
3. Accounts receivable from other
sources than above $ $
4. Amounts earned on uncompleted
contracts (not included in Item 3)
(Contract price on completed portion
of uncompleted contracts less
total cost of completed portion) $
5. Deposits for bids on other guarantees $
6. Notes Receivable Past Due $
Due 90 days $
Due Later $ $
7. Interest Earned $
8. Real Estate, Business Property,
Present value $
Other property, present value $ $
9. Stocks & Bonds, Listed on Exchange $
Unlisted $ $
10. Equipment, Machinery, Fixtures $ $
Less Depreciation $ $
11. Other Assets $
TOTAL ASSETS $ $
LIABILITIES AND NET WORTH
1. Notes Payable to Banks Regular $
(For Certified Checks) $
Equipment Obligations $
Others $ $
2. Accounts Payable Current $
Past Due $ $
3. Real Estate Mortgages $
4. Other Liabilities $
5. Reserves $
6. Capital Stock Paid
Common $
Preferred $
7. Surplus $
TOTAL LIABILITIES $ $
EXPERIENCE RECORD
List of Projects your Organization has successfully completed:
Amount of
Contract Award Type of Work Date Accepted Name and Address of Owner
List of Projects your Organization is now engaged in completing:
Amount of Anticipated Date
Contract Award Type of Work of Completion Name and Address of Owner
List of Surety Bonds in Force on above Uncompleted Work:
Date of Name and Address
Contract Award Type of Bond' Amount of Bond of Surety
List every type of bond separately. If one project has more than one type of bond, list
each and every bond for that project on a separate line.
EQUIPMENT SCHEDULE
List of Equipment owned by bidder that is in serviceable condition and
available for use:
Portions of work Bidder proposes to sublet if Awarded the Contract
including amount and type:
PROPOSAL
FOR
WEST PUMP STATION
685,000 GALLON GROUND TANK REPAINT
TO: Mayor and Council
Town of Westlake
1500 Solana Blvd
Westlake, Texas 76262
Gentlemen:
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract Price
and within the Contract Time indicated in this Bid and in accordance with the other terms
and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition
of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the
day of the Bid opening. BIDDER will sign and submit the Agreement with the Bonds and
other documents required by the Bidding requirements within ten (10) days after the date
of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
3.1 BIDDER has examined copies of all the Bidding Documents and of the
following Addenda (receipt of all which is hereby acknowledged):
DATE ADDENDUM NUMBER
3.2 BIDDER has familiarized itself with the nature and extent of the Contract
Documents, work, site, locality, and all local conditions and Laws and Regulations
that in any manner may affect cost, progress, performance or furnishing of the
Work.
1
3.3 BIDDER has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests and studies which pertain to the physical conditions at the site
or otherwise may affect the cost, progress, performance or furnishing of the Work
as BIDDER considers necessary for the performance or furnishing Work at the
Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents, and no additional examinations,
investigations, explorations, tests, reports or similar information or data are or will
be required by BIDDER for such purposes.
3.4 BIDDER has reviewed and checked all information and data shown or indicated
on the Contract Documents with respect to existing Facilities at or contiguous to
the site and assumes responsibility for the accurate location of said Facilities. No
additional examinations, investigations, explorations, tests, reports, or similar
information or data in respect to said Facilities are or will be required by BIDDER
in order to perform and furnish the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract
Documents.
3.5 BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, test, reports, and studies with the terms and
conditions of the Contract Documents.
3.6 BIDDER has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER.
4. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other BIDDER or
over OWNER.
5. It is understood that the stated quantities of work to be done at unit prices are
approximate only, and are intended principally to serve as a guide in evaluating bids.
Unit prices, including Lump Sum prices, may be different for similar items
contained in different Base Bids. The total project may contain more
construction than there is money allotted. Therefore, the Owner has the option
to award either Base Bid + Alternate in order to define a project that can be
constructed within the allotted funds.
6. BIDDER will coordinate and complete the work for the project as directed by Town staff
and at the prices indicated in the following schedule:
2
BASE BID - WEST PUMP STATION - 685,000 GAL GROUND TANK REPAINT
Item Estimated Name of Pay Item with Unit Bid Amount
No. Quantity Unit Unit Price in Words Price Bid
Tank Interior: SSPC-SP10 Preparation and
Application of Interior Coating System @
1 1 LS
Dollars
Cents $160,000.00 $160,000.00
Per Unit
Miscellaneous Steel Tank Repair(per
Man/Hour) @
2 40 HRS
Dollars
Cents $ 80.00 $ 3,200.00
Per Unit
Ladder Guard Modifications @
3 1 LS
Dollars
Per Unit Cents $ 4,000.00 $ 4,000.00
Non-Slip Surface on Roof Exterior @
4 1 LS
Dollars
Per Unit Cents $ 4,000.00 $ 4,000.00
SUBTOTAL - BASE BID...................................................... $ 171,200.00
3
ALTERNATE `A'
Item Estimated Name of Pay Item with Unit Bid Amount
No. Quantity Unit Unit Price in Words Price Bid
Tank Exterior, Alternate 'A' System: SSPC-
SP6 Preparation and Application of
1 1 LS Exterior Coating System @
Dollars
Cents $ $
Per Unit
TOTAL AMOUNT - BASE BID + ALTERNATE `A'......... $ N/A(removed by addendum)
ALTERNATE `B `
Item Estimated Name of Pay Item with Unit Bid Amount
No. Quantity Unit Unit Price in Words Price Bid
Tank Exterior, Alternate 'B' System: SSPC-
SP6 Preparation and Application of
1 1 LS Exterior Coating System @
Dollars
Per Unit Cents $ 105,000.00 $ 105,000.00
TOTAL AMOUNT - BASE BID + ALTERNATE `B. ........ $276,200.00
7. BIDDER acknowledges that the quantities indicated in the previous schedule are not
guaranteed and may be changed to conform with the Work. BIDDER understands that the
quantities shown in the previous schedule and as modified by change order will be the actual
quantities paid by the OWNER for the completion of the work.
8. BIDDER agrees that the Work will be completed and ready for final payment within Seventy-
Five (75) consecutive calendar days from the date when the contract time commences to
run.
9. BIDDER accepts the provisions of the Standard Form of Construction Agreement as to
liquidated damages in the event of failure to complete the work on time.
4
10. BIDDER proposes to use TNEMEC (manufacturer) brand paint.
11. The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract Documents have the meanings assigned to them in
the General Conditions.
Respectfully submitted,
By
Title ' (es;A4at-
Address 1225 Bandera Hwy., Suite A2
Kerrville, TX 78028
Phone No. 530gN0
Fax No.
(a partnership)
Submitted by (a corporation)
(an individual)
doing business as N. G. Painting, L.P
Communication concerning this Bid should be directed to the attention of
5
STANDARD FORM OF CONSTRUCTION AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is entered into this day of
20 jq , by and between the TOWN OF WESTLAKE, a municipal corporation, of
the County of Tarrant and State of Texas, hereinafter called "OWNER" and
N. G. Painting, L. P. of the City of Kerrville, County of Kerr and
State of Texas hereinafter called "CONTRACTOR."
OWNER and CONTRACTOR in consideration of the mutual covenants
contained in this Agreement, agree as follows:
ARTICLE 1 . WORK.
CONTRACTOR covenants and agrees to perform the Work in every detail, in
a good and first-class workmanlike manner as specified and indicated in the
Contract Documents, of which are incorporated in this Agreement in their entirety
as if they were herein set out at length written word for word. The
CONTRACTOR shall furnish all labor, materials, tools and equipment required to
perform and complete the Work in strict accordance with these Contract
Documents. The Work is described as follows:
WEST PUMP STATION
685,000 GALLON TANK REPAINT
ARTICLE 2. CONTRACT PRICE.
OWNER agrees to pay CONTRACTOR for completion of the Work in
accordance with the Contract Documents, the price or prices shown in the
bidder's proposal, which total the following amount:
Two Hundred Seventy-Six Thousand, Two Hundred and 0/100 Dollars
($ 276,200.00)
SFOCA - 1 of 5
ARTICLE 3. CONTRACT TIME / LIQUIDATED DAMAGES.
Unless otherwise stated in this agreement, time shall be considered of the
essence.
a. When time is of the essence, the CONTRACTOR shall be liable for failure to
deliver or delay in delivery occasioned by and including without limitation
strikes, lock-outs, inability of obtaining material or shopping space,
breakdowns, delays of carriers or suppliers, and preexisting governmental
acts and regulations of the Federal and State governments or any subdivision
thereof, unless such governmental acts and regulations affecting delivery
could not be found, recognized, or discovered by due diligence on the part of
the CONTRACTOR prior to submission of his/her bid and Town Council's
acceptance thereof.
b. When time is not of the essence, this agreement shall be inoperative during
such period of time that aforesaid delivery or acceptance may be rendered
impossible by reason of fire, strike, Acts of God, or government regulation.
Provided, however, to the extent that the CONTRACTOR has any
commercially reasonable alternative method of performing this contract by
purchase on the market or otherwise, he/she shall not be freed of his/her
obligation hereunder by this clause, even though the goods intended for this
contract were destroyed or their delivery delayed because of any event
described above.
As time is of the essence on this contract, CONTRACTOR agrees to commence
work under this contract within ten (10) days from the date specified in the
"Notice to Proceed" and to totally complete the Work within 75 consecutive
calendar days after the date specified in the "Notice to Proceed", subject to such
extensions of time as are indicated in the Special Provisions. The
CONTRACTOR further agrees to pay as liquidated damages, the sum of
240.00 for each calendar day that any work remains uncompleted after the
time specified above or after any extensions of time as are provided in the
Special Provisions. It is understood between the parties hereto that the sum of
240.00 per day shall be treated as liquidated damages and not as a penalty,
and the OWNER may withhold from the CONTRACTOR's compensation such
sums as liquidated damages.
SFOCA - 2 of 5
ARTICLE 4. PARTIAL PAYMENT.
OWNER shall make payments to the CONTRACTOR in the following
manner. On or about the first of each month, the OWNER, or the OWNER's
Authorized Representative, will make accurate estimates of the value, based on
contract prices, of the work done and materials incorporated in the work and of
materials suitably stored at the site during the preceding calendar month. The
CONTRACTOR shall furnish to the OWNER, or the OWNER's Representative,
such detailed information as the OWNER may request to aid OWNER as a guide
in the preparation of the monthly estimate.
Within the following thirty (30) days, OWNER shall make partial payments to
the CONTRACTOR for work performed during the preceding calendar month as
estimated by the OWNER or OWNER's Representative. Ten percent (10%) of
each estimate shall be retained by the OWNER until final completion and
acceptance of all work covered by the Contract for contracts less than four
hundred thousand dollars ($400,000). Five percent (5%)of each estimate shall
be retained by the OWNER until final completion and acceptance of all work
covered by the Contract for contracts greater than four hundred thousand dollars
($400,000). Upon completion and acceptance of all work in compliance with the
Contract, the OWNER shall, within thirty (30) days, pay the CONTRACTOR the
balance due under the terms and conditions of the Contract.
ARTICLE 5. DISCRIMINATION.
The CONTRACTOR agrees, in connection with the performance of work
under this contract as follows:
a. The CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, creed, color, sex, religion,
national origin or ancestry. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer,
recruiting or recruitment, advertising, layoff, termination, rates of pay or
other forms of compensation and selection for training, including
apprenticeship.
b. The CONTRACTOR agrees to include this non-discrimination clause in
any subcontracts connected with the performance of this agreement.
C. In the event of the CONTRACTOR's non-compliance with the above
non-discrimination clause, the contract may be canceled or terminated
SFOCA - 3 of 5
by the OWNER. The CONTRACTOR may be declared by the
OWNER to be ineligible for future contracts with the OWNER, until
satisfactory proof of intent to comply shall be made by the
CONTRACTOR
ARTICLE 6. ENTIRE CONTRACT.
This Contract and Agreement contains the entire understanding and
agreement of the parties upon the subject matter hereof. There is no
agreement, oral or otherwise, which is not set forth in writing as part of this
Agreement or the Contract Documents.
ARTICLE 7. MODIFICATION.
This contract cannot be modified except by a writing signed by both parties.
ARTICLE 8. VARIABLES IN COST.
The parties hereto assume and understand that the variables in the
CONTRACTOR's cost of performance may fluctuate, consequently, the parties
hereto agree that any fluctuations in the CONTRACTOR's costs will in no way
alter the CONTRACTOR's obligations under this contract nor excuse
nonperformance or delay on his/her part.
ARTICLE 10. VENUE.
This contract shall be governed by the laws of the State of Texas.
ARTICLE 11 . CONTRACT DOCUMENTS.
Documents Listed. The Contract Documents which comprise the entire
agreement between OWNER and CONTRACTOR for the performance of and
payment for the Work, consist of the following:
( 1) This Agreement
( 2) "Notice to Bidders" advertisement
( 3) Bidder's Proposal
( 4) Special Instructions to Bidders
( 5) Performance, Payment and Maintenance Bonds
( 6) Certification of Insurance
( 7) Notice to Proceed
( 8) Special Provisions
( 9) Technical Specifications
(10) General Provisions
SFOCA - 4 of 5
(11) Special Specifications
(12) Project Construction Plans (Drawings)
(13) Special Material and/or Equipment Specifications
(14) Special Material and/or Equipment Drawings
(15) North Central Texas Council of Government"Standard Specifications
for Public Works Construction"
(16) North Central Texas Council of Government "Standard Drawings for
Public Works Construction"
(17) North Central Texas Council of Government references
IN TESTIMONY WHEREOF, the TOWN OF WESTLAKE has caused this
instrument to be signed in its corporate name, and on its behalf by the Town
Manager, duly authorized to execute this instrument by the Town Council and
N.C�•�Ir�in�ina ,LIB
(CONTRACTOR)
a corporation, a partnership, an individual ("X" out the inappropriate wording)
acting by and through its duly authorized officials, thereby binding themselves for
the faithful and full performance of the terms and provisions of this Agreement.
Town of Westlake N. G. Painting, L.P.
OWNER CONTRACTOR
By: By:
Title: Title: �es;d-r��
ATTEST: ��.f ATTEST:
Title: Title: 6W cL
O�)(AS
SFOCA - 5 of 5
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS: That
N. G. Painting, L.P. of the City of Kerrville, TX County
of Kerr and Statue of Texas , (hereinafter referred to as"Principal"),
and �ur�r�1�ustxaC l ►n (hereinafter referred to as "Surety"),
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto THE TOWN OF WESTLAKE
(hereinafter referred to as "Owner"), in the penal sum of
Two Hundred Seventy-Six Thousand, Two Hundred Dollars ($ 276,200.00)
[not less than 100% of the approximate total amount of the contract as
evidenced in the bid proposal] for the payment whereof, the said Principal and
Surety bind themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with
the Owner, dated the 2, day of /�✓Il�/��1� 20 , for the
WEST PUMP STATION
685,000 GALLON TANK REPAINT
which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if the
said Principal fully and faithfully executes the work and performance of the
contract in accordance with the plans (drawings), specifications, and contract
documents, including any extensions thereof, and according to the true intent
and meaning of said contract and the plans and specifications hereto annexed,
then this obligation shall be void; otherwise, to remain in full force and effect.
PB-1
PERFORMANCE BOND (Continued)
PROVIDED, HOWEVER, that this Bond is executed pursuant to the
provisions of Chapter 2253, Texas Government Code, as amended, and all
liabilities on this bond shall be determined in accordance with the provisions of
said statute(s) to the same extent as if they were fully copied at length herein.
Surety, for value received, stipulates and agrees that the bond shall
automatically be increased by the amount of any change order or supplemental
agreement with increases the contract price with or without notice to the Surety
and that no change, extension of time, alteration or addition to the terms of the
contract, or to the,woM,performed thereunder, or the plans, specifications, or
drawings accompanying the same, shall in anyway affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time,
alteration, or addition to the terms of the contract or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument on this the day of �,Me?H ,204.
N. G. Painting, L.P. SgyC Iee �rt�Syr�►�
(Principal) (Surety)
By By
Title Title 46rNe — t^' — -1 A:Ae 7—
Address 1225 Bandera Hwy. Address "1?37 6w-,L-*4 JJ'* /mt-//
Suite A2 s v:j 3zo
Kerrville, TX 78028 AVS Y---sa: x 7img
P B-2
PERFORMANCE BOND (Continued)
The name and address of the Resident Agent of Surety is:
172 VV Austin St.
Giddings, lexas
979-0-42-3449
PB-3
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS: That N. G. Painting, L.P.
of the City of Kerrville , County of Kerr and State of Texas , (hereinafter
referred to as "Principal"), anAu-r a,7&Lw#!xj I hereinafter referred to
as "Surety"), authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto THE TOWN OF
WESTLAKE (hereinafter referred to as "Owner"), in the penal sum of
Two Hundred Seventy-Six Thousand, Two Hundred and 0/100 Dollars
($ 276,200.00) [not less than 100% of the approximate total amount of the
contract as evidenced in the bid proposal] for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors,
successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with
the Owner, dated the iL±Aay of ILJdke R , 20�, for the
WEST PUMP STATION
685,000 GALLON TANK REPAINT
which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that the bond
guarantees the full and proper protection of all claimants supplying labor and
material in the prosecution of the work provided for in said contract and for the
use of each claimant, and that conversely should the Principal faithfully perform
said contract and in all respects duly and faithfully observe and perform all and
singular the covenants, conditions, and agreements in and by said contract
agreed to by
PB-1
PAYMENT BOND (Continued)
the Principal, and according to the true intent and meaning of said contract and
the claims and specifications hereto annexed, then this obligation shall be void;
otherwise, to remain in full force and effect.
PROVIDED, HOWEVER, that this Bond is executed pursuant to the
provisions of Chapter 2253, Texas Government Code, as amended, and all
liabilities on this bond shall be determined in accordance with the provisions of
said statute(s) to the same extent as if they were fully copied at length herein.
Surety, for value received, .stipulates and agrees that the bond shall
automatically be increased by the amount of any change order or supplemental
agreement with increases the contract price with or without notice to the Surety
and that no change, extension of time, alteration or addition to the terms of the
contract, or to the work performed thereunder, or the plans, specifications, or
drawings accompanying the same, shall in anyway affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time,
alteration, or addition to the terms of the contract or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
y1.
sealed this instrument on this the Z.- ay of AM&P ,20L9�.
N. G. Painting, L.P. SveleTeu- TwVrApe-le &V"t�trv�l
(Principal -Surety)A By By --
Title Title oe!j /=VG 7—
Address 1225 Bandera Hwy. Address 9737 (ree-i
Suite A2 �v4�2 32 :>
Kerrville TX 78028ys 'x�,
PB-2
PAYMENT BOND (Continued)
The name and address of the Resident Agent of Surety is:
Slegeler insurance Agency, Ilya.
172 W.Austin St
iddings, Texas 18942
979-54 2-344Q
PB-3
MAINTENANCE BOND
STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS:
That N. G. Painting, L. P. as Principal (hereinafter referred to as "Contractor"),
and$Nt t` I smyta 1±yawn as Surety (hereinafter referred to as "Surety"),
are held and firmly bound unto the TOWN OF WESTLAKE , a municipal
corporation, as Obligee, (hereinafter referred to as "Owner"), in the amount of
Two Hundred Seventy-Six Thousand, Two Hundred and 0/100 Dollars
($ 276,200.00 )
(DETERMINED AS STATED IN SPECIAL PROVISIONS)
for the payment of which Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns, jointly and severally.
Contractor has by written agreement entered into a contract with Owner
for the
WEST PUMP STATION
685,000 GALLON TANK REPAINT
dated the day of/MAl &m' , 20 Ll which contract is by reference
made a part of this bond and is hereinafter referred to as the "Contract".
Under the Contract, it is provided that the Contractor shall maintain and
keep in good repair the work constructed or equipment furnished by it as
contemplated by the plan drawings, specifications, and other Contract
documents, and perform for a period of two ( 2 ) years from the date of
acceptance as shown in the Letter of Acceptance issued by the Town Engineer
or his/her authorized agent, or the date of Final Payment by the Owner if a
separate Letter of Acceptance is not issued, all necessary repairs, reconstruction
or replacement of any part of the work, and to furnish the labor and materials to
make good and to repair any defective condition growing out of or on account of
the breakage or failure of any
MB-1
MAINTENANCE BOND (Continued)
substance or the improper function of any part of the construction work. The
Contractor shall reimburse the Owner for the costs of all engineering and special
services required to be furnished by the Owner which are directly attributable to
the repair, reconstruction or replacement of the work.
The maintenance under this bond contemplates the complete restoration of the
work to a functional use if that should be necessary. It is the intended purpose of
this bond to require the correction of all defective conditions resulting from
materials furnished or work and labor performed by the Contractor under the
Contact; and'in cafe-the•Cdntractor or Surety shall fail or refuse to commence
and actively pursue such corrections within ten (10)days after written notification
has been furnished to them by the Owner, it is agreed that the Owner may do the
work and supply such materials and the Contractor and Surety shall be liable for
the payment of all costs thereby incurred, jointly and severally.
THEREFORE, if the Contractor shall keep and perform its agreement to
maintain the work and keep the same in good repair for the maintenance period
as provided above, then this bond shall be null and void and have no further
effect; but if default shall be made by the Contractor in the performance of its
obligation to maintain and repair the work, then this bond shall have full force
and effect and the Owner shall be entitled to recover from the Contractor and
Surety, as provided in this bond. It is further understood and agreed that the
obligation under this bond shall be a continuing one against the Contractor and
Surety, and that successive recoveries may be had hereon for successive
breaches until the full amount shall have been exhausted. It is further
understood that the obligation to maintain the work shall continue throughout the
maintenance period, and the same shall not be changed, diminished, or in any
manner affected from any cause during that time.
The Owner shall be entitled to its reasonable attorneys' fees and costs in
any legal proceeding to enforce the Owner's rights under this bond.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument on this the day of 20n.
M B-2
MAINTENANCE BOND (Continued)
N. G. Painting, L.P. Sivelf,
(Principal) (Surety)
By By V --- --------
Title Title A-) v t-1 . i w 64o-
Address 1225 Bandera Hwy. Address ��3� � � gfi
3j&,.j/
Suite A2 Sod -;7
Kerrville, TX 78028 Avg 4iN ,1'x -7s—ls'17
The name and address of the Resident Agent of Surety is:
Siegeler lnsurnncp Agenc;rins
172 Ulu.Austin St.
Giddin.4s, Texas 78g42
979-542-3449,
NOTE: Date of Maintenance Bond must not be prior to date of Contract.
Power of Attorney must be attached.
Amount and Term of Maintenance Bond shall be as stated in the
"Special Conditions".
M B-3
on 52&2 o
POA#: 4221008
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Michael T. Siegeler,Teresa S. Muniz, Kristina Matthijetz
i
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for,providing the bond penalty does not exceed
Ten Million and 00/100 Dollars($10,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver,any and all bonds, recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 4th day of October A.D.2018 .
�.0 gym.*,,, SURETEC INSU PANY
w?S�XANc�
-1 By:
w w D- John Kno ,CE
State of Texas ss: �''. 1 �=
s =
County of Harris '~•••"
On this 4th day of October , A.D.2018 before me personally came John Knox Jr.,to me known,who, being by me duly sworn, did depose and say,
that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY,the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
i
Board of Directors of said Company;and that he signed his name thereto by like order.
7126903029
ilotery I Jacq elyn Greenleaf,Notary Public
-- My commission expires May 18,2021
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company, which is still in full force and effect; and furthermore,the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
I
Given under my hand and the seal of said Company at Houston, Texas this day of A.D.
.Bren Beaty,A istant Se etary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST.
AG'.J" 03/06//2019
CERTIFICATE OF LIABILITY INSURANCE DATE(M
�� Y)
019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
j If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Kristina Matthijetz
NAME:
Siegeler Insurance Agency alcNo E.t: (979)542-3449 A/C,No: (979)542-0469
172 West Austin Street E-MAIL kmatthijetz@siegins.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Giddings TX 78942-3294 INSURER A: Everest Indemnity Ins.Co.
INSURED INSURER B: Texas Mutual Insurance Company
N.G.Painting,LP INSURER C:
1225 Bandera Hwy INSURER D
Ste.A-2 INSURER E:
Kerrville TX 78028 INSURER F:
COVERAGES CERTIFICATE NUMBER: 18/19 All Lines REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE Fx_]OCCUR PREMISES Ea occurrence $ 100,000
MED EXP(Any one person) $ 5,000
A Y Y EF4ML06266181 11/22/2018 11/22/2019 PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY1:1 JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER:
Employee Benefits $ 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
IX ANYAUTO BODILY INJURY(Per person) $
A OWNED SCHEDULED Y Y EF4CA00311181 11/22/2018 11/22/2019 BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
Uninsured motorist $ Included
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000
A EXCESS LIAB CLAIMS-MADE EF4CU01318181 11/22/2018 11/22/2019 AGGREGATE $ 5,000,000
DIED I X RETENTION$ 10,000 $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY YIN X STATUTE ER
B ANY PROPRI R/ R/EXECUTIVE ❑ N/A Y 0012233101 03/24/2018 03/24/2019 E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBMB EXCLUDED?
ER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
The General Liability and Commercial Auto includes a BLANKET additional insured and waiver of subrogation status only when there is a written contract
between the named insured and the certificate holder that requires such status. Workers Compensation includes a BLANKET Waiver of our Right to
Recover from Others only when there is a written contract between the named insured and the certificate holder that requires such status. Coverage will be
primary and non-contributory as required by written contract. Umbrella follows form of the underlying liability polices and covers completd operations.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Teague Nail&Perkins C/O Town of Westlake ACCORDANCE WITH THE POLICY PROVISIONS.
5237 N Riverside Dr Ste 100
AUTHORIZED REPRESENTATIVE
Fort Worth TX 76137
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
ADDITIONAL 6OVERAGES
l
Ref# Description Coverage Code Form No. Edition Date
Pollution Liability POLUT
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 10,000 Flat
Ref# Description Coverage Code Form No. Edition Date
Non-Owned Disposal Site Liability
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 10,000 Flat
Ref# Description Coverage Code Form No. Edition Date
Transportaion Pollution
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 10,000 Flat
Ref# Description Coverage Code Form No. Edition Date
Uninsured motorist combined single limit UMCSL
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000
n Date
Ref# Description Coverage Code Form No. Editio
PIP-Basic PIP
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
10,000 _T
n Date
Ref# Description Coverage Code Form No. Editio
Expense constant EXCNT
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$150.00
Ref# Description Coverage Code Form No. Edition Date
Managed Care Option MCARE
Limit 1 Limit 2 7 Limit 3 Deductible Amount Deductible Type Premium
$6,023.00
Ref# Description Coverage Code Form No. Edition Date
Experience Mod Factor 1 EXP01
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$22,284.00
Ref# Description Coverage Code Form No. Edition Date
Waiver of Subrogation WVSUB
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
7 $1,486.00
Ref# Description Coverage Code Form No. Edition Date
WC&Employer's liability WCEL
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000,000 1,000,000 1,000,000
Ref# Description Coverage Code Form No. Edition Date
Premium discount PDIS
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
-$5,477.00
rOFADTLCV Copyright 2001,AMS Services,Inc.
ADDITIONAL COVERAGES
Ref# Description Coverage Code Form No. Edition Date
Increased Limits Factor INCLF
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$1,061.00
Ref# Description Coverage Code Form No. Edition Date
Schedule Mod Factor 1 SCH01
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$4,364.00
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
-7
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Crage Code Fo ove rm No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
rOFADTLCV Copyright 2001,AMS Services,Inc.
CONTRACTOR'S RELEASE TO TOWN
TO: TOWN OF WESTLAKE
RE: WEST PUMP STATION 685,000 GALLON TANK REPAINT
This is to certify that N. G. Painting, L.P. , by acceptance of
(NAME OF CONTRACTOR)
this final payment, hereby releases the OWNER, the Town of Westlake, from all
claims and all liabilities of the Town of Westlake for all things done or furnished
in connection with work on this project and further releases the Town of
Westlake from liabilities arising from any act of the OWNER or his/her agent
arising in connection with this project. This release in no way operates to
release the CONTRACTOR or his/her Surety from any obligations under this
contract or the bond tendered pursuant thereto.
(NAME OF CORPORATION)
(AUTHORIZED AGENT)
CORPORATION ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority in and for Tarrant County, Texas,
on this day personally appeared known tometo
be the person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that he/she is the of the said
, a corporation, and that he/she is authorized by
said corporation to execute the foregoing instrument as the act of such
corporation for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 20
(Notary Public in and for the State (Type or Print Notary's Name)
of Texas)
My Commission Expires:
CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
, (hereinafter referred to as "Affiant"), who,
(NAME)
after being by me duly sworn, deposes and says that he/she is the
(TITLE)
of N. G. Painting, L.P. (a
(NAME OF COMPANY)
corporation, partnership, trade name) of Kerr County,
("X" OUT THE INCORRECT)
State of Texas (hereinafter referred to as "Contractor"), which said
Contractor was awarded the contract dated the day of
, for the construction of the West Pump Station 685,000 Gallon
Ground Tank Repaint (hereinafter referred to as the "Work"), for a total
consideration of Two Hundred Seventy-Six Thousand, Two Hundred and
0/100 Dollars ( $ 276,200.00 ) to be paid to the said Contractor (the
"Contract"), and that Affiant has full power of authority to make this affidavit.
That THE TOWN OF WESTLAKE , (hereinafter referred to as "Owner"),
has approved the final estimate on said Work, and that the said Contractor
has fully satisfied and paid any and all claims that may be covered by Chapter
53 of the Texas Property Code, and Chapter 2253 of the Texas Government
Code, or any other applicable statutes or charter provisions, and that all just
bills for labor and materials have been paid and discharged by said
Contractor insofar as they pertain to the Work in question.
CA-1
That in addition to any funds which may have been
previously paid by the Owner, the Contractor hereby accepts the amount of
Two Hundred Seventy-Six Thousand, Two Hundred and 0/100 Dollars
( $ 276,200.00 ) as FULL AND FINAL PAYMENT under the aforementioned
Contract, and hereby waives and releases any right Affiant and/or the
Contractor may have to pursue claims of any nature against the Owner
arising out of or in any manner connected with the performance of the Work
and/or the Contract, including but not limited to claims of third parties that
supplied material and/or labor for the Work for or through the Contractor
(hereinafter referred to as "Subcontractors"), as well as claims for delay,
additional compensation or for recovery of liquidated damages which may
have been withheld by the Owner. The Contractor shall defend, hold
harmless and indemnify the Owner from any such claims of such
Subcontractors. The Contractor further releases the Owner from any claim or
liability arising from any act or neglect of the Owner related to or connected
with the Contract. This affidavit is given pursuant to the final payment
provisions of the Contract, and shall not be deemed to alter or modify the
terms and provisions of said Contract.
This affidavit is made in compliance with the law and in compliance
especially with Chapter 2253 of the Texas Government Code and that the
undersigned, upon his/her oath, states that the facts indicated in the above
instrument of writing are true and correct and that he/she is not incapacitated
an any way from making this affidavit.
WITNESS my hand this the day of _
(Affiant)
(Printed Name)
SUBSCRIBED AND SWORN TO BEFORE ME, this the day of
(Notary Public in and for the State (Type or Print Notary's Name)
of Texas)
My Commission Expires:
CA-2
General Decision Number: TX190026 01/04/2019 TX26
Superseded General Decision Number: TX20180036
State: Texas
Construction Type: Heavy
Counties: Johnson, Parker and Tarrant Counties in Texas.
Heavy Construction Projects (Including Water and Sewer Lines)
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.60 for calendar year 2019 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.60 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2019. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate,
if it is higher than the conformed wage rate) . The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above-mentioned types of contracts
entered into by the federal government that are subject
to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a) (2) - (60) . Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/04/2019
* PLUM0146-002 05/01/2016
Rates Fringes
PLUMBER/PIPEFITTER. . . . . . . . . . . . . . .$ 29.48 8.30
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SUTX1990-041 06/01/1990
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 10.40 $3.64
Concrete Finisher. . . . . . . . . . . . . . . .$ 9.81
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 13 .26
Form Setter. . . . . . . . . . . . . . . . . . . . . .$ 7.86
Laborers:
Common. . . . . . . . . . . . . . . . . . . . . .$ 7.25
Utility. . . . . . . . . . . . . . . . . . . . .$ 8.09
PAINTER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.89
Pipelayer. . . . . . . . . . . . . . . . . . . . . . . .$ 8.43
Power equipment operators:
Backhoe. . . . . . . . . . . . . . . . . . . . .$ 11.89 3 .30
Bulldozer. . . . . . . . . . . . . . . . . . .$ 10.76
Crane. . . . . . . . . . . . . . . . . . . . . . .$ 13.16 3.30
Front End Loader. . . . . . . . . . . .$ 10.54
Mechanic. . . . . . . . . . . . . . . . . . . .$ 10.93
Scraper. . . . . . . . . . . . . . . . . . . . .$ 10.00
Reinforcing Steel Setter. . . . . . . . .$ 10.64
TRUCK DRIVER. . . . . . . . . . . . . . . . . . . . .$ 7.34
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e. , Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3 . ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4. ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
SECTION II
GENERAL CONDITIONS
(Division 100: General Provisions of the North Central Texas Council of
Gvvernnments", "Public WAV'orns Construction Standards Cii1h Euit;--131
SECTION III
SPECIAL PROVISIONS
SPECIAL PROVISIONS
INDEX
SP - 1 General SP-26 Warranty
SP - 2 Project Description SP-27 Shop Drawings, Product Data
SP - 3 Definitions and Samples
SP -4 Information Concerning SP-28 Easements/Right-Of-Way
Conditions SP-29 Lines and Grades
SP - 5 Addenda SP-30 Right of Entry
SP -6 Preparation of Proposal SP-31 Authority and Duties of
SP - 7 Proposed Guaranty Inspector
SP - 8 Filing of Proposals SP-32 Owner-Engineer Relationship
SP - 9 Rejection of Proposals SP-33 Professional Inspection by
SP-10 Disqualification of Bidders Engineer
SP-34 Inspection and Testing
SP-11 Qualification to Perform SP-35 Sales Tax
SP-12 Award of Contract
SP-13 Priority of Contract Documents SP-36 Verification of Measurements
SP-14 Copies of Plans and SP-37 Pay Items - Incidental
Specifications Furnished Construction
SP-15 Bonds -Amount and Terms SP-38 Omissions
SP-39 Minimum Wage Rates
SP-16 Insurance Requirements SP-40 Losses from Natural Causes
SP-17 Policy Endorsements and
Special Conditions SP-41 Explosives, Blasting, Etc.
SP-18 Order of Work SP-42 Work with Own Forces
SP-19 Indemnification SP-43 Field Office
SP-20 Construction Progress SP-44 Water for Construction
Schedule SP-45 Work-Site Area and Clean-Up
SP-46 Record Drawings
SP-21 Prosecution of Construction SP-47 Ownership of Drawings
SP-22 Occupational Safety and SP-48 Adequacy of Design
Health Act SP-49 Construction Pay Items
SP-23 Existing Structures, Facilities SP-50 Trench Safety
and Improvements SP-51 Shop Drawings, Product Data
SP-24 Traffic Control and Samples
SP-25 Trench Safety
SPECIAL PROVISIONS
SP-1 : GENERAL
For this contract, the General Provisions (Division 100) of the Standard
Specifications for Public Works Construction, North Central Texas adopted by the
North Central Texas Council of Governments (NCTCOG), Fifth Edition, with all
amendments thereto, shall govern and shall constitute as the Special Provisions
except as herein amended, modified or supplemented. Omission of any section
from this Project's Contract Documents does not mean that such section is not
applicable to this Project. The NCTCOG General Provisions will be referred to as
the General Provisions (GP) and will not be physically bound with the other contract
documents. Copies may be obtained from the North Central Texas Council of
Governments.
The following Special Provisions shall take precedence over all other contract
conditions, specifications and agreements.
SP-2: PROJECT DESCRIPTION
The work to be performed under the provisions of these documents includes repair
and refinishing the interior and exterior surfaces of a 685,000 gallon potable water
ground storage tank at the West Pump Station.
The draining of the tank shall be coordinated and accomplished by Town staff with
the assistance of the Contractor. The number of days that the tank may remain
empty or out of service will be strictly monitored.
SP-3: DEFINITIONS
Modify GP Item 101.1 Definitions as follows:
The word "Town" or "OWNER" in these documents shall be understood as
referring to:
The Town of Westlake, Texas
1500 Solana Blvd.
Westlake, Texas 76262
The word "Engineer" in these documents shall be understood as referring to the
Town Engineer, Engineer of the OWNER, or such other Engineer or Supervisor
as may be authorized by the OWNER to act in any particular position. Both the
Engineer and the Inspector shall be considered as the OWNER's "authorized
representative".
The word "CONTRACTOR" in these documents shall be understood as referring
to the person, firm or corporation with whom the OWNER has executed the
contract or agreement.
The term "General Conditions of Agreement" when used in the Contract
Documents shall be understood as referring to "Division 100. General
Provisions" of the "Standard Specifications for Public Works Construction -
North Central Texas" adopted by the North Central Texas Council of
Governments.
Any reference to "Special Conditions" or "Supplemental Special Conditions"
shall be understood as referring to these Special Provisions.
SP-4: INFORMATION CONCERNING CONDITIONS
Add the following to GP Item 102.3. Examination of Plans, Specifications and Site of
the Work:
Prospective bidders shall make a careful examination of the entire site of the
project and shall make such explorations as may be necessary to determine the
improvements and obstructions which may be encountered, especially those to
be protected; methods of providing ingress and egress to private as well as
public property; methods of handling construction and maintenance of the entire
project as well as any section thereof; protection of all existing structures both
above and below ground; and how the plans fit the proposed project and
especially if any discrepancies exist.
The accuracy of the information furnished by the Engineer or the plans and
specifications as to underground and above ground structures, foundation
conditions, etc., are not guaranteed by the OWNER.
SP-5: ADDENDA
Bidders wanting further information, interpretation or clarification of the Contract
Documents must make their request to the Engineer at least seven (7) days prior
to the Bid Opening. Clarifications, revisions or omissions will be made a part of
the Contract Documents prior to bidding. No other explanation or interpretation will
be considered official or binding.
Should a bidder find discrepancies in, or omission from the Contract Documents, or
should he/she be in doubt as to their meaning, he/she should at once notify the
Engineer in order that a written addendum may be sent to all document holders.
Any addenda issued will be mailed or be delivered to each prospective bidder who
has requested and received a bid packet. The bid proposal as submitted by the
bidder must be so constructed as to include any addenda issued by the Engineer
prior to 24 hours of the bid opening, with the appropriate recognition of addenda so
noted in the bid proposal.
SP-6: PREPARATION OF PROPOSAL
Add the following to GP Item 102.4. Preparation of Proposals:
Bidder shall state his/her prices in ink or typewritten format.
SP-7: PROPOSED GUARANTY
Modify GP Item 102.5. Proposal Guaranty to include:
The five percent(5%) proposal guaranty (Bid Bond) shall be five percent(5%) of
the largest possible total for the bid submitted.
SP-8: FILING OF PROPOSAL
Add the following to GP Item 102.6. Filing of Proposals:
Bids, affidavits and proposed construction schedules must be submitted in
sealed envelopes within the time limit for receiving proposals, as stated in the
"NOTICE TO BIDDERS", which envelopes bear a legible notation,
"PROPOSAL", and the name of the project. The original copy shall be filed with
the Town of Westlake in the office of the Town Secretary at Town Hall.
SP-9: REJECTION OF PROPOSALS
Add the following reasons to GP Item 102.11. Rejection of Proposals:
(e) Proposals received after the time limit for receiving proposals, as
indicated in the NOTICE TO BIDDERS.
(f) Proposals that are incomplete insofar as the required signatures,
proposal guaranty, or containing any material irregularities.
SP-10: DISQUALIFICATION OF BIDDERS
Add the following reason to GP Item 102.12. Disqualification of Bidders:
(i) where more than one proposal for an individual firm, partnership, or
corporation is filed under the same or different names and where such
proposals are not identical in every respect;
(j) where bidder's previous work for the OWNER did not completely and fully
meet all of the requirements and/or specifications of the contract
documents for said work.
SP-11: QUALIFICATION TO PERFORM
The OWNER may make such investigations as he/she deems necessary to
determine the bidder's ability to perform the work, and the bidder shall furnish to the
OWNER all such information and data for this purpose as the OWNER may
request. The OWNER reserves the right to reject any bid if the evidence submitted
fails to satisfy the OWNER that such bidder can properly carry out the obligations of
the contract and to complete the work contemplated therein.
SP-12: AWARD OF CONTRACT
Add the following to GP Item 103.2. Award of Contract and Commencement of
Work:
The award, if made, shall be on the basis of the lowest acceptable bid submitted
by a qualified responsible bidder, as determined by the OWNER, within 60 days
after the opening of proposals. In determining the lowest acceptable bid, the
OWNER will consider all relative factors such as: efficiency of a single
contractor in the project area, increase in public safety due to a single
contractor's operations, length of construction, coordination of construction
activities, previous experience the OWNER may have had with the bidder,
effects on area traffic due to construction detours and efficient use of Town
funds. The right is reserved, as the interest of the OWNER may require,to reject
any and all bids and to waive any formality in bids received. It is the intention of
the OWNER to award a single contract for this work.
SP-13: PRIORITY OF CONTRACT DOCUMENTS
Delete GP Item 105.1.1 Priority of Contract Documents and substitute the following:
In case of conflict between contract documents, priority of interpretation shall be
in the following order:
1. signed "Standard Form of Construction Agreement"
2. "Notice to Bidders" advertisement
3. Bidder's Proposal
4. Special Instruction to Bidders
5. Performance, Payment and Maintenance Bonds
6. Certification of Insurance
7. Notice to Proceed
8. Special Provisions
9. Technical Specifications
10. General Provisions
11. Special Specifications
12. Project Construction Plans (Drawings)
13. Special Material and/or Equipment Specifications
14. Special Material and/or Equipment Drawings
15. North Central Texas Council of Government"Standard Specifications for
Public Works Construction"
16. North Central Texas Council of Government "Standard Drawings for
Public Works Construction"
17. North Central Texas Council of Government references
SP-14: COPIES OF PLANS AND SPECIFICATIONS FURNISHED
Two (2) sets of documents (not including the General Provisions or executed
documents) shall be furnished to the CONTRACTOR at no charge for construction
purposes. Additional sets may be obtained from the Engineer at $ 30.00 per set.
SP-15: BONDS - AMOUNT AND TERMS
In addition to GP Item 103.3 Surety Bonds, add the following:
With the execution and delivery of the contract,the CONTRACTOR shall furnish
and file with the Town in the amount herein required, the following surety bonds:
(a) A good and sufficient Performance Bond in an amount equal to one
hundred percent(100%)of the total awarded contract price, guaranteeing
the full and faithful execution of the work and performance of the contract
and for the protection of the Town against any improper execution of the
work or the use of inferior materials.
(b) A good and sufficient Payment Bond in an amount equal to one hundred
percent (100%) of the total awarded contract price, guaranteeing
payment for all labor, materials and equipment used in the construction of
the project.
(c) A good and sufficient Maintenance Bond in an amount equal to fifty
percent (100%) of the total awarded contract price, guaranteeing the
maintenance in good condition of such project for a period of two (2)
years from and after the time of its completion and acceptance by the
Town.
General conditions for bonds are as follows:
1. The surety on each bond must be a responsible surety company which is
licensed and qualified to do business in the State of Texas (surplus lines
carriers are not acceptable) and satisfactory to the Town. No surety will
be accepted who is in default or delinquent on any bond or who is
interested in any litigation against the Town. Should any surety on the
contract be determined unsatisfactory at any time by the Town, notice will
be given to the CONTRACTOR to the effect, and the CONTRACTOR
shall forthwith substitute a new Surety or Sureties satisfactory to the
Town. (Texas Lloyd's Plan carriers are not acceptable.) No payment will
be made under the contract until the new Surety or Sureties, as required,
have qualified and have been accepted by the Town. The contract shall
not be operative nor shall any payments be due until approval of the
bonds has been made by the Town.
2. The surety company should be listed in the current circular of the
"Federal Register - Department of the Treasury - Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsurance Companies".
3. The surety shall must have an underwriting limitation (as shown in the
Federal Register) to cover 100% of the project cost. Exceptions to a
requirement may be made in unusual circumstances, subject to approval
by the Office of Risk Management and the Town Attorney's Office.
4. All bonds shall be made on forms furnished by the Town and shall
conform to the requirements as set forth herein.
5. Each Bond shall be executed by the CONTRACTOR and the Surety.
The name and residence of each individual party to the bond shall be
inserted in the body thereof, and each such party shall sign the bond with
his/her usual signature on the line opposite the scroll seal, and if signed
in the States of Main, Massachusetts, or New Hampshire, an adhesive
seal shall be fixed opposite the signature.
6. If the principals are partners, their individual names will appear in the
body of the bond or on proceeding pages to be included with said bond
with the recital that they are partners composing a firm, naming it, and all
the members of the firm shall execute the bond as individuals.
7. The signature of a witness shall appear in the appropriate place, attesting
the signature of each individual party to the bond.
8. The principal or surety shall be a corporate surety; the name of the state
in which incorporated shall be inserted in the appropriate place in the
body of the bond or on proceeding pages to be included with said bond,
and said instrument shall be executed and attested under the corporate
seal, the fact shall be stated, in which case a scroll or adhesive seal shall
appear following the corporate name.
9. The official character and authority of the person or persons executing
the bond for the principal, if a corporation, shall be certified by the
secretary or assistant secretary according to the form attached hereto. In
lieu of such certificate, records of the corporation as will show the official
character and authority of the officer signing, duly certified by the
secretary or assistant secretary, under the corporate seal, to be true
copies.
10. The date of any bond must not be prior to the date of the contract in
connection with which it is given.
SP-16: INSURANCE REQUIREMENTS
In addition to the provisions of GP Item 103.4, Insurance, add the following:
Workmen's Compensation Insurance: Statutory requirements as specified by
the Workmen's Compensation Law of the State of Texas and adopted by the
Texas Workers' Compensation Commission per Title 28, TAC §110.110.
Workers' Compensation Insurance Coverage:
A. Definitions:
(1) Certificate of coverage ("certificate") - A copy of a certificate of
insurance, a certificate of authority to self-insure issued by the
commission or a coverage agreement (TWCC-81, TWCC-82,
TWCC-83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entity's
employees (including those subject to a coverage agreement)
providing services on a project for the duration of the project.
(2) Building or construction - Has the meaning defined in the Texas
Labor Code, §406.096(e)(1).
(3) Contractor - A Person bidding for or awarded a building or
construction project by a governmental entity.
(4) Coverage - Workers' compensation insurance meeting the
statutory requirements of the Texas Labor Code, §401.011(44).
(5) Coverage Agreement - A written agreement on form TWCC-81,
form TWCC-82, form TWCC-83, or form TWCC-84, filed with the
Texas Workers' Compensation Commission which establishes a
relationship between the parties for purposes of the Workers'
Compensation Act, pursuant to the Texas Labor Code, Chapter
406, Subchapters F and G, as one of employer/employee and
establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the
project.
(6) Duration of the project - Includes the time from the beginning of
the work on the project until the work on the project has been
completed and accepted by the governmental entity.
(7) Persons providing services on the project ("subcontractor" in
§406.096)- Includes all persons or entities performing all or part of
the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with
the CONTRACTOR and regardless of whether that person has
employees. This includes, without limitation, independent
contractors, subcontractors leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling,
or delivering equipment or materials, or providing labor,
transportation, or other 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.
(8) Project- Includes the provision of all services related to a building
or construction contract for a governmental entity.
B. The CONTRACTOR shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the CONTRACTOR
providing services on the project for the duration of the project.
C. The CONTRACTOR must provide a certificate of coverage to the
governmental entity prior to being awarded the contract.
D. If the coverage period shown on the CONTRACTOR's current certificate
of coverage ends during the duration of the project the CONTRACTOR
must prior to the end of the coverage period, file a new certificate of
coverage with the governmental entity showing that coverage has been
extended.
E. The CONTRACTOR shall obtain from each person providing services on
the project and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on
the project, so the governmental entity will have on file certificates
of coverage showing coverage for all persons providing services
on the project; and
(2) no later than seven days after receipt by the CONTRACTOR, a
new certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends
during the duration of the project.
F. The CONTRACTOR shall retain all required certificates of coverage for
the duration of the project and for one year thereafter.
G. The CONTRACTOR shall notify the governmental entity in writing by
certified mail or personal delivery, within ten (10) days after the
CONTRACTOR knew or should have known, of any change that
materially affects the provision of coverage of any person providing
services on the project.
H. The CONTRACTOR shall post on each project site a notice, in the text,
form and manner prescribed by the Texas Workers' Compensation
Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify
coverage and report lack of coverage.
I. The CONTRACTOR shall contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting 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 of its employees providing services on
the project, for the duration of the project;
(2) provide to the CONTRACTOR, prior to that person beginning work
on the project, a certificate of coverage showing that coverage is
being provided for all employees of the person providing services
on the project, for the duration of the project;
(3) provide the CONTRACTOR, prior to the end of the coverage
period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide
to the CONTRACTOR:
(a) a certificate of coverage, prior to the other person
beginning work on the project; and
(b) a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) notify the governmental entity in writing by certified mail or
personal delivery, within ten (10) days after the person knew or
should have known, of any change that materially affects the
provision of coverage of any person providing services on the
project; and
(7) contractually require each person with whom it contracts, to
perform as required by paragraphs (1)- (7), with the certificates of
coverage to be provided to the person for whom they are providing
services.
J. By signing this contract or providing or causing to be provided a
certificate of coverage, the CONTRACTOR is representing to the
governmental entity that all employees of the CONTRACTOR who will
provide services on the project will be covered by workers'compensation
coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that
all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may
subject the CONTRACTOR to administrative penalties, criminal penalties,
civil penalties, or other civil actions.
K. The CONTRACTOR's failure to comply with any of these provisions is a
breach of contract by the CONTRACTOR which entitles the governmental
entity to declare the contract void if the CONTRACTOR does not remedy
the breach within ten (10) days after receipt of notice of breach from the
governmental entity.
In accordance with statutory requirements, the CONTRACTOR shall:
(1) provide coverage for its employees providing services on the
project, for the duration of the project based on proper reporting of
classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing workers' compensation
coverage to the governmental entity prior to beginning work on the
project;
(3) provide the governmental entity, prior to the end of the coverage
period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the CONTRACTOR's
current certificate of coverage ends during the duration of the
project;
(4) obtain from each person providing services on the project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning
work on the project, so the governmental entity will have on
file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven (7) days after receipt by the contract, 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;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or
personal delivery, within ten (10) days after contractor knew or
should have known, of any change that materially affects the
provision of coverage of any person providing services on the
project;
(7) post a notice on each project site informing all persons providing
services on the project that they are required to be covered, and
stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Act or other commission
rules. This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type, and shall be in
both English and Spanish and any other language common to the
worker population. The text for the notices shall be the following
text in Figure 1 provided by the commission on the sample notice,
without any additional words or changes:
Figure 1:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working
on this site or providing services related to
this construction project must be covered by
workers' compensation insurance. This
includes persons providing, hauling, or
delivering equipment or materials, or
providing labor or transportation or other
service related to the project, regardless of
the identity of their employer or status as an
employee"
"Call the Texas Workers' Compensation
Commission at (512) 440-3789 to receive
information on the legal requirement for
coverage, to verify whether your employer
has provided the required coverage, or to
report an employer's failure to provide
coverage."
In GP Item 103.4.2 Owner's Protective Liability Insurance, change the
limits as follows:
Contractor's General Liability and Property Damage Insurance:
Bodily Injury (or Death) $ 600,000 each occurrence (minimum)
Property Damage $ 600,000 each occurrence (minimum)
SP-17: POLICY ENDORSEMENTS AND SPECIAL CONDITIONS
In addition to the provisions of GP Item 103.4.5. Policy Endorsements and Special
Conditions, add the following:
(a) CONTRACTOR will not be issued a Work Order to commence work on this
Contract until he/she has obtained all the insurance required under this
section and such insurance has been approved by the OWNER or his
representative.
(b) CONTRACTOR shall procure and shall maintain during the life of this
Contract, insurance coverage as herein specified, and in case of any work
sublet, shall require any subcontractor in like manner to secure and maintain
such minimum limits of insurance coverage, also.
(c) The CONTRACTOR shall furnish the OWNER with certificates showing the
type, amount, class of operations covered, effective dates, and dates of
expiration of policies. Such certificates shall be accompanied by
documentation stating substantially the following statement: "The insurance
covered by this certificate will not be canceled or materially altered except
after thirty (30) days written notice has been received by the OWNER."
SP-18: ORDER OF WORK
Add the following to GP Item 107.24.4 Utility Coordination and Protection:
The CONTRACTOR shall be fully responsible for proper coordination for the
relocation of utilities (i.e. power poles, electrical lines, gas lines, telephone lines,
television (TV) cable lines, buried cables, etc.) public and private unless otherwise
noted on the plans (drawings).
SP-19: INDEMNIFICATION
Delete GP Item 107.20.3.2. Indemnification and substitute the following:
CONTRACTOR agrees to defend, indemnify and hold OWNER, its officers,
agents and employees harmless against any and all claims, lawsuits,judgments,
costs and expenses for personal injury (including death), property damage or
other harm for which recovery of damages is sought, suffered by any person or
persons, that may arise out of or be occasioned by CONTRACTOR's breach of
any of the terms or provisions of the Contract, or by any negligent or strictly
liable act or omission of CONTRACTOR, its officers, agents, employees or
subcontractors, in the performance of the Contract; except that the indemnity
provided for in this paragraph shall not apply to any liability resulting from the
sole negligence or fault of OWNER, its officers, agents, employees or separate
contractors, and in the event of joint and concurring responsibility of the
CONTRACTOR and OWNER, responsibility and indemnity, if any, shall be
apportioned comparatively in accordance with the law of the State of Texas.
This agreement, however, does not waive any governmental immunity available
to the OWNER under Texas law and nor any defenses of the parties under
Texas law. The provisions of this paragraph are solely for the benefit of the
parties hereto and not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
SP-20: CONSTRUCTION PROGRESS SCHEDULE
Delete GP 108.1 Progress Schedule and substitute the following:
The CONTRACTOR shall submit to the Engineer a Construction Progress
Schedule on or prior to the effective date of the work order showing the
proposed dates of starting and completing each of the various major sections of
the work, including sufficient time being allowed for cleanup, as well as the
schedule for the overall work, the anticipated monthly payments to become due
to the CONTRACTOR, and the accumulated percent of progress each month.
Revised Construction Progress Schedules shall be submitted when significant
changes occur or when requested by the Engineer.
Occupational Safety and Health Administration in the Federal Register and to
perform all of his/her responsibilities thereunder.
The CONTRACTOR shall comply with the provisions of the Occupational Safety
and Health Act and the standards and regulations issued thereunder and warrant
that all work, materials and products furnished under this contract will conform to
and comply with said standards and regulations which are in existence on the date
of this contract. The CONTRACTOR further agrees to indemnify, defend, and hold
harmless the OWNER for all damages suffered by the OWNER as a result of the
CONTRACTOR's failure to comply with the Act and the Standards issued
thereunder and for the failure of any material and/or equipment furnished under this
contract to so comply.
The CONTRACTOR shall also comply with all pertinent provisions of the"Manual of
Accident Prevention in Construction" issued by the Associated General Contractors
of America, Inc., if not in conflict with those of the Occupational Safety and Health
Act and shall maintain an accurate record of all cases of death, occupational
disease and injury requiring medical attention or causing loss of time from work,
arising out of and in the course of employment or work under the contract.
The CONTRACTOR alone shall be responsible for the safety, efficiency and
adequacy of his/her equipment and employees and for any damage which may
result from their failure or their improper construction, maintenance or operation.
SP-23: EXISTING STRUCTURES, FACILITIES AND IMPROVEMENTS
Add the following to GP Item 107.24 Existing Structures:
The CONTRACTOR'S attention is directed to the necessity of taking adequate
measures to protect all existing structures, facilities, improvements and utilities,
including sprinkler systems, encountered.
The plans show the locations of most 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 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,
unless the obstruction encountered is such as to necessitate substantial
changes in the lines or grades, or requires the building of special works not
provided for in the Contract Documents.
Any non-Town utilities (cable, electric, gas, telephone, etc.) damaged by the
CONTRACTOR shall be the responsibility of the CONTRACTOR for relocation
and/or repair as well as the costs associated with the relocation and/or repair of
utilities. Any Town utilities (sanitary sewer main and water distribution main)
damaged by the non-negligent acts of the CONTRACTOR will not be the
responsibility of the CONTRACTOR for repair. Any delays associated with the
relocation and/or repair of utilities shall not be basis for a claim for extra pay.
In the progress of the work, the CONTRACTOR may have to relocate certain
existing utility service lines. All relocation, repairs and replacement work shall be
done at the expense of the CONTRACTOR to the satisfaction of the OWNER,
except those for which specific pay items appear in the Bid Proposal.
Any utilities damaged during construction work shall be immediately repaired at
the CONTRACTOR's expense.
The CONTRACTOR shall at all times maintain streets and drives in a condition
which will provide easy ingress and egress and upon completion of the work,
repair all damages to roads and streets used during construction, to a condition
at least as good as existed prior to the start of work.
SP-24: TRAFFIC CONTROL
Add the following to GP Item 107.20.2 Protection of Persons and Property:
The CONTRACTOR shall not remove any regulatory sign, instructional sign,
street name sign, or other sign which has been erected by the Town. If it is
determined that a sign must be removed to permit required construction, the
CONTRACTOR shall contact the Town to remove the sign. In the case of
regulatory signs, the CONTRACTOR must replace the permanent sign with a
temporary sign meeting the requirements of the above referenced manual and
such temporary sign must be installed prior to the removal of the permanent
sign. 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 reinstalled, the CONTRACTOR shall
again contact the Town to reinstall the permanent sign and shall leave his
temporary sign in place until such installation is completed.
The CONTRACTOR shall prosecute his traffic control work in such a manner as
to create a minimum of interruption to traffic and pedestrian facilities and to the
flow of vehicular and pedestrian traffic within the project area.
Access to adjacent property shall be maintained at all times unless otherwise
approved by the OWNER.
SP-25: TRENCH SAFETY
Add a new paragraph immediately after GP Item 107.20.3. Trench Safety:
Per Chapter 756, Health and Safety Code, it shall be the responsibility of the
CONTRACTOR to provide and maintain a viable trench safety system at all
times during construction activities. The CONTRACTOR is directed to
become knowledgeable and familiar with the standards as set forth by the
Occupational Safety and Heath Administration for trench safety that will be in
effect during the period of construction of the project and the CONTRACTOR
is responsible for conforming to such regulations as prescribed by
Occupational Safety and Health Administration standards.
SP-26: WARRANTY
In GP Item 105.2.2 Special Warranty, change all references from one year to two
(2) years and add the following:
Notwithstanding any certificate which may have been given by the Engineer, if
any materials, equipment or any workmanship which does not comply with the
requirements of this contract shall be discovered within two (2) years after
completion of construction of the project, and acceptance by the OWNER, the
CONTRACTOR shall replace such defective materials or equipment, or remedy
any such defective workmanship within ten (10) days after notice in writing of the
existence thereof shall have been given by the OWNER or Engineer. In the
event of failure of the CONTRACTOR to replace any such defective materials or
equipment or to remedy defective workmanship as herein provided, the OWNER
may replace such defective materials or equipment or remedy such
workmanship as the case may be and in such event the CONTRACTOR shall
pay to the OWNER the cost and expense thereof.
SP-27: SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
In addition to GP Item 105.3 Shop Drawings, Product Data and Samples, add:
Wherever called for in these Specifications or on the Drawings, or where
required by the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER
for review, 5 prints of each shop drawing. The term "shop drawing" as used
herein shall be understood to include detail design calculations, fabrication and
installation drawings, lists, graphs, operating instructions, etc. Unless otherwise
required, said drawings shall be submitted at a time sufficiently early to allow
review of same by the ENGINEER, and to accommodate the rate of construction
progress required under the contract.
For this project, shop drawings shall be submitted for the following items:
1. Paint, including catalog cuts, color charts, data sheets.
2. Pre-manufactured improvements
3. Materials used in the removal, containment and disposal of
existing coatings.
4. Sketches or drawings of improvements to be fabricated for
installation.
All shop drawing submittals shall be accompanied bV a transmittal form using
the format bound with the Contract Documents. Any shop drawing submittal not
accompanied by such a form, or where all applicable items on the form are not
completed, will be returned for re-submittal. The CONTRACTOR may authorize
a material or equipment supplier to deal directly with the ENGINEER with regard
to shop drawings, however, ultimate responsibility for the accuracy and
completeness of the information contained in the submittal shall remain with the
CONTRACTOR.
Normally, a separate transmittal form shall be used for each specific item or
class of material of equipment for which a submittal is required. Transmittal of
shop drawings on carious items using a single transmittal form will be permitted
only when the items taken together constitute a manufacturer's"package"or are
so functionally related that expediency indicates review of the group of package
as a whole. At his option, the CONTRACTOR or Supplier may obtain from the
ENGINEER quantities of the shop drawing transmittal form at reproduction cost.
Within 15 calendar days after receipt of said prints, the ENGINEER will return
prints of each drawing to the CONTRACTOR with his comments noted thereon.
It is considered reasonable what the CONTRACTOR shall make a second
submission of drawings. The OWNER reserves the right to withhold monies due
the CONTRACTOR to cover additional costs of the ENGINEER'S review
beyond the second submission.
If one print of the drawing is returned to the CONTRACTOR marked
"REJECTION-RESUBMIT", the CONTRACTOR shall revise said drawing and
shall resubmit 5 copies of said revised drawing to the ENGINEER.
Fabrication of an item shall not be commenced before the ENGINEER has
reviewed the pertinent shop drawings and returned 3 (three) UNREJECTED
copies to the CONTRACTOR. Revisions indicated on shop drawings shall be
considered as changes necessary to meet the requirements of the Contract
Drawings and Specifications and shall not be taken as the basis of claims for
extra work. The CONTRACTOR shall have no claim for damages or extension
of time due to any delay resulting from the CONTRACTOR'S having to make the
required revisions to shop drawings (unless review by the ENGINEER of said
drawings is delayed beyond a reasonable period of time and unless the
CONTRACTOR can establish that the ENGINEER'S delay in review actually
resulted in a delay in the CONTRACTOR'S construction schedule). The review
of said drawings by the ENGINEER will be limited to checking for general
agreement with the specifications and drawings, and shall in no way relieve the
CONTRACTOR of responsibility for errors or omissions contained therein nor
shall such review operate to waive or modify any provision contained in the
Specifications or Contract Drawings. Fabricating dimensions, quantities of
materials, applicable code requirements, and other contract requirements shall
be the CONTRACTOR'S responsibility.
SP-28: EASEMENTS / RIGHTS-OF-WAY
Without cost to the CONTRACTOR, the OWNER will provide the necessary
easements or rights-of-way required for the project. However, the CONTRACTOR
may desire additional temporary easements for the duration of the work for his/her
construction, storage or access. All such temporary easements shall be obtained
by the CONTRACTOR at no additional cost to the contract or the OWNER.
Unless specifically provided otherwise, the CONTRACTOR, as part of his/her work,
shall clear all easements or rights-of-way of all obstructions to the work. On
conclusion of his/her operations, he/she shall replace, repair or restore any
improvements which may have been removed or damaged, as directed by the
Engineer.
SP-29: LINES AND GRADES
Delete GP Item 105.4 Construction Stakes and substitute the following:
All work under this contract shall be constructed in accordance with the lines and
grades shown on the plans (drawings). The full responsibility for the holding to
alignment and grade shall rest upon the CONTRACTOR.
Within three (3)days of the CONTRACTOR's request, the OWNER shall provide
construction surveying to establish working or construction lines, grades, and cut
stakes as required to complete the work. In the event of circumstances out of
the CONTRACTOR's control, the OWNER shall re-establish said construction
surveying. In the event of circumstances within the CONTRACTOR's control,
the CONTRACTOR shall, at his/her own expense, establish all working or
construction lines, grades, and cut stakes as required utilizing the benchmarks
and horizontal control points shown on the plans, and the CONTRACTOR shall
be solely responsible for the accuracy thereof. In this situation, if the
CONTRACTOR utilizes the same surveyor as the OWNER, the CONTRACTOR
shall pay said surveyor in full or the surveyor shall be able to gain recourse
through the CONTRACTOR's Payment Bond.
The CONTRACTOR shall protect all property corner markers, and when any
such markers or monuments are in danger of being disturbed, they shall be
properly referenced and if disturbed shall be reset at the expense of the
CONTRACTOR.
SP-30: RIGHT OF ENTRY
The OWNER reserves the right to enter the property or location on which the works
herein contracted for are to be constructed or installed, by such agent or agents as
he/she may elect, for the purpose of inspecting the work, or for the purchase of
constructing or installing such collateral work as said OWNER may desire.
SP-31: AUTHORITY AND DUTIES OF INSPECTOR
Inspectors, designated by and acting under the direction of the OWNER, shall have
the authority to inspect all work done and all materials furnished. Such inspection
may extend to all or any part of the work and to the preparation, fabrication or
manufacture of the materials to be used. He/She is authorized to call to the
attention of the CONTRACTOR any failure of the work or materials to conform to
the plans, specifications and contract documents. He/She shall have the authority
to reject materials or suspend the work until any situation at issue can be referred to
and decided by the OWNER.
The Inspector is not authorized to revoke, alter or waive any requirements of the
plans and specifications. He/She shall in no case act as foreman or perform other
duties for the CONTRACTOR, interfere with the management of the work by the
latter. Any advice which the Inspector may give the CONTRACTOR shall otherwise
not be construed as binding the Engineer in any way, or releasing the
CONTRACTOR from fulfilling all of the terms of the Contract.
If the CONTRACTOR refuses to suspend operations on verbal order of the
Inspector, a written order will be presented to the CONTRACTOR by the Inspector
giving the reason for suspension of work. After placing the order in the hand of the
"man-in-charge", the Inspector shall immediately leave the job. Work performed
during the absence of the Inspector will not be accepted nor paid for, and shall be
removed and replaced.
Notwithstanding any other provision of this agreement or any other Contract
Documents, the Inspector shall not be in any way responsible or liable for any act,
errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of
the CONTRACTOR's or subcontractor's agents, servants or employees or any other
person, firm or corporation performing or attempting to perform any of the work.
SP-32: OWNER-ENGINEER RELATIONSHIP
The Engineerwill be the OWNER's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the OWNER's
Representative during construction are as set forth in the Contract Documents and
shall not be extended or limited without written consent of the OWNER and
Engineer. The Engineer will advise and consult with the OWNER, and all of
OWNER's instructions to the CONTRACTOR shall be issued through the Engineer.
SP-33: PROFESSIONAL INSPECTION BY ENGINEER
The Engineer shall make periodic visits to the Site to familiarize himself/herself
generally with the progress of the executed work and to determine if such work
generally meets the essential performance and design features and the technical
and functional engineering requirements of the Contract Documents; provided and
except, however, that the Engineer shall not be responsible for making any detailed,
exhaustive, comprehensive or continuous on-site inspection of the quality or
quantity of the work or be in any way responsible, directly or indirectly, for the
construction means, methods, techniques, sequences, quality, procedures,
programs, safety precautions or lack of same incident thereto or in connection
therewith.
Notwithstanding any other provision of this agreement or any other Contract
Documents, the Engineer shall not be in any way responsible or liable for any acts,
errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of
the CONTRACTOR's or subcontractor's agents, servants or employees or any other
person, firm or corporation performing or attempting to perform any of the work.
SP-34: INSPECTION AND TESTING
Add the following to GP Item 106.5 Samples and Tests of Materials:
During the progress of the work, all materials, equipment and workmanship shall
be subjected to such inspections and tests as will assure conformance with the
contract requirements.
The CONTRACTOR shall furnish at his/her expense all necessary specimens
and samples for testing.
Sampling and testing of all materials or construction methods shall be performed
by a commercial laboratory approved by the Engineer.
When the CONTRACTOR's materials, construction items or products
incorporated in the project fail to satisfy the minimum requirements of the initial
test and he/she has to bear the cost of any retesting, he/she shall be
responsible for any and all cost associated with such retesting. If in this
situation, the CONTRACTOR utilizes the same testing laboratory as the
OWNER, the CONTRACTOR shall pay said testing laboratory in full or the
testing laboratory shall be able to gain recourse through the CONTRACTOR's
Payment Bond.
In the event a conflict arises concerning the interpretation of A.S.T.M., A.C.I.,
A.W.W.A., etc., specifications/standards, the Engineer shall make his/her
determination of the interpretation and his/her determination shall be final.
SP-35: SALES TAX
Add the following to GP Item 107.15 State and Local Sales and Use Taxes:
The OWNER qualifies for exemption from state and local sales and use taxes,
pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise
and Use Tax Act, as amended. Therefore, the OWNER shall not be liable for, or
pay the CONTRACTOR's cost of such sales and use taxes which would
otherwise be payable in connection with the performance of this contract.
SP-36: VERIFICATION OF MEASUREMENTS
Before ordering any material or doing any work, the CONTRACTOR shall verify all
measurements involved and shall be responsible for the correctness of these
measurements. No extra charge or compensation will be allowed because of
differences between actual dimensions and the dimensions shown on the drawings;
any difference which may be found shall be called to the attention of the Engineer
for consideration before proceeding with the work.
SP-37: PAY ITEMS - INCIDENTAL CONSTRUCTION
The CONTRACTOR shall be paid only for those items which are listed in the
proposal or which are added to the job through a change order. All construction or
removal considerations which are not listed as a separate pay item shall be
considered as incidental construction. Cost for these items shall be considered in
the most appropriate item listed in the schedule(s) of pay items.
SP-38: OMISSIONS
(a) In the event that the specifications inadvertently omit some of the usual and
customary work, auxiliary equipment or material required for the satisfactory
installation and operation of all work, equipment or material, the
CONTRACTOR shall provide these items as directed by the Engineer at
his/her own expense. The CONTRACTOR will be assumed to be an
experienced and qualified CONTRACTOR in this type of work, and to have
studied the purpose of operation of the equipment and the results to be
obtained, and is to furnish equipment suitable for the work to be done.
(b) In the event that the specifications inadvertently fail to contain a specification
for work to be done and material to be furnished, then the Standard Current
Specification or Requirements of the A.W.W.A., A.S.T.M., A.S.C.E.,
A.S.E.E., A.S.M.E., N.B.F.U., N.E.C., N.E.M.A., O.S.H.A., EPA, NCTCOG
"Standard Specifications for Public Works Construction"or TxDOT"Standard
Specifications for Construction of Highways, Streets and Bridges"shall apply.
Should the above specifications not apply, then the work done, equipment or
material furnished shall be as directed by the Engineer.
SP-39: MINIMUM WAGE RATES
The labor classifications and minimum wage rates set forth herein shall be the
prevailing classifications and rates that shall govern on all work performed by the
Contractor or any subcontractor on the site of the project covered by these Contract
Documents. In no event shall less than the following rates of wages be paid. (See
Section 1)
SP-40: LOSSES FROM NATURAL CAUSES
Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of
the nature of the work to be done, or from the action of the elements, or from any
unforeseen circumstance in the prosecution of same, or from unusual obstructions
or difficulties which may be encountered in the prosecution of the work, shall be
sustained and borne by the CONTRACTOR at his/her own cost and expense.
SP-41: EXPLOSIVES, BLASTING, ETC.
Neither explosives nor blasting shall be allowed or used on this project.
SP-42: WORK WITH OWN FORCES
The CONTRACTOR shall perform with his own forces work of a value of not less
than fifty percent (50%) of the contract amount.
SP-43: FIELD OFFICE
The CONTRACTOR will not be required to furnish a field office on this contract.
The CONTRACTOR will be required to maintain at the job site at all times when the
work is in progress a competent superintendent and a complete set of the Plans
(Drawings) and Specifications with all other details including any approved shop
drawings, product data, approved submittals, etc. pertaining to the work.
SP-44: WATER FOR CONSTRUCTION
All water required by the Contractor shall be furnished by the Contractor from his
own source. Generally, water may be purchased from the Town provided such
water is delivered through a working fire hydrant meter obtained from the Town
upon payment of a refundable property deposit.
SP-45: WORK-SITE AREA AND CLEAN-UP
Add the following to GP Item 107.22 Working Area; Coordination with Other
Contractors; Final Cleanup:
During construction the CONTRACTOR shall at all times keep the job site free
from waste, debris and rubbish, and shall maintain a daily routine of clean-up.
The working operations of the CONTRACTOR shall at all times be conducted so
as to create a minimum of inconvenience to the OWNER or to the public.
Stringing of pipe, stockpiling of materials, etc., will be allowed only where no
inconvenience is caused and only in amounts that can be readily used by the
CONTRACTOR.
All trees, stumps, slashings, brush or other debris to be removed from the site,
shall be disposed of in a manner consistent with Local Ordinances and all State
Regulations. Burning of trash, etc., will only be permitted where allowed by
Local Ordinances and State Pollution Regulations.
All excavated earth in excess of that required for project embankments and/or
backfilling shall be removed from the job site and disposed of in a satisfactory
manner. Disposal of excess material into area creeks and drainageways will not
be allowed.
Any trees or other landscape features scarred or damaged by the
CONTRACTOR's operations shall be restored or replaced at the
CONTRACTOR's expense. Trimming or pruning to facilitate the work will be
permitted only by experienced workmen in an approved manner. Pruned limbs
of one inch (1") diameter or larger, shall be thoroughly treated as soon as
possible with a tree wound dressing.
The CONTRACTOR shall take all precautions required to prevent soil erosion
during construction. If, in the opinion of the Engineer, excessive erosion occurs,
the CONTRACTOR shall take immediate measure to prevent further erosion and
restore the disturbed surface with topsoil at completion of the work.
All property along and adjacent to the CONTRACTOR's operations including
lawns, yards, shrubs, trees, etc., shall be preserved or restored after completion
of the work, to a condition equal to or better than existed prior to start of work.
Upon completion of the work as a whole and prior to final acceptance, the
CONTRACTOR shall clean and remove from the site all surplus and discarded
materials, temporary structures and all debris. He/She shall leave the site in a
neat and orderly condition with an appearance satisfactory to the Engineer and
OWNER. Method and location of disposal or surplus and waste materials shall
be satisfactory to the Engineer.
The CONTRACTOR shall then thoroughly clean all equipment and materials
installed by him/her and shall present for final inspection materials and
equipment in a clean, bright and new condition.
No extra payment will be made for any of this type of work required on the
project.
SP-46: RECORD DRAWINGS
The CONTRACTOR shall NOT as part of this contract provide record drawings.
These drawings shall illustrate how the project was constructed in the field. All
modifications to the proposed design shall be drawn on a set of reproducible(mylar)
drawings. No additional payment will be made for providing these documents. One
set of reproducible "As Bid" plans will NOT be supplied to the CONTRACTOR by
the Engineer for use in preparing these record drawings.
SP-47: OWNERSHIP OF DRAWINGS
All drawings, specifications and copies thereof furnished by the Engineer shall not
be reused on other work, and, with the exception of the signed contract sets, are to
be returned to him on request, at the completion of the work. All models are the
property of the OWNER.
SP-48: ADEQUACY OF DESIGN
It is understood that the OWNER believes it has employed competent engineers
and designers. It is, therefore, agreed that the Engineer shall be responsible for the
adequacy of the design, 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 Contract Documents,
all approved modifications thereof, and additions and alterations thereto approved in
writing by the OWNER. The burden of proof of such compliance shall be upon the
CONTRACTOR to show that he/she has complied with the requirements of the
Contract Documents, approved modifications thereof and all approved additions
and alternations thereto.
SP-49: CONSTRUCTION PAY ITEMS
The scope of similar items contained in different Base Bids is the same, unless
stated otherwise below, even though unit prices may differ. The following
descriptions are intended to clarify the nature of the work required for this project.
The provisions of the Technical Specifications shall apply except as otherwise
specified herein:
49.01 Pay Item - Preparation and Application of Interior Coating System:
The scope of this pay item pertains to the complete removal of the
existing tank interior coating by abrasive blasting according to the
requirements of Steel Structures Painting Council (SSPC) Standard
SP10, "Near-White Metal Blast Cleaning". Additional work may be
required to grind weld seams, remove slag or hand tool clean areas
inadequately prepared by blasting. Any welding or repairs made to the
existing structure will be paid for under separate pay items.
All work covered by this item shall be accomplished in accordance with
the Technical Specification Item 09900, "Painting of Steel Water Storage
Tanks".
Payment shall be made on the lump sum price bid for preparation and
application of interior coating as identified in the Base Bid, as specified,
including all labor, equipment and materials necessaryforthe removal of
existing coatings, re-coating of all interior metal surfaces, and curing /
disinfection procedures, complete. The estimated interior area requiring
preparation and coating under this pay item is approximately 18,500 SF.
49.02 Pay Item - Preparation and Application of Exterior Coating System:
The scope of this pay item differs between Alternate A and Alternate B in
terms of the materials and application of the system chosen during the
award process. This item consists of all applicable work specified in
Technical Specification Item 09900, "Painting of Steel Water Storage
Tanks". Pay Item Alternate A or Pay Item Alternate B relate to the
application of the specified exterior coating system over the prepared
steel surface per SSPC-SP6 guidelines. The existing coatings on the
tank shall be removed to the extent required per SSPC-SP6, and any
raised edges left from remaining coating shall be leveled or feathered.
Any areas which have been shown to contain heavy metals shall be
removed in accordance with Section 09090.
If Alternate A is awarded by the OWNER, a clear urethane high-gloss
coating shall be applied over all exterior finished surfaces. Application of
clear coat shall be in strict accordance with manufacturer's
recommendations. Humidity, temperature and cure time of color coat
play a significant role in the quality and adhesion of the clear gloss finish
and will be closely monitored.
Application of the exterior coatings may be 'spray' applied with proper
restriction of overspray and airborne carry of particulate matter in
accordance with the standard requirements for spray application. The
tank may also be refinished by brush / roller at the discretion of the
Contractor. Acceptable DFT(dry film thickness) per coat varies between
the methods of application as indicated in Technical Specification Section
09900 and will be checked for conformance by the Owner. Total system
thickness, regardless of method of application, shall fall within the
specified range. Tank exterior finish color shall be selected by the
OWNER from manufacturer's color chart.
Payment shall be made on the lump sum price bid for preparation and
application of one of the exterior coating systems specified, including all
labor, equipment and materials necessary for the removal of existing
coatings, preparation of the existing surfaces and re-coating of all exterior
metal surfaces, complete. The estimated exterior area requiring
preparation and coating under this pay item is approximately 12,800 SF.
49.03 Pay Item — Miscellaneous Steel Tank Repairs: At the locations
indicated in Technical Specification Item 13250 and all others as
directed by the Engineer or Owner, the Contractor shall perform
necessary repairs to the steel structure and appurtenances. Should the
Contractor, through the course of cleaning and preparing the tank for
repainting, observe the need for repairs to the welded steel structure or
any appurtenance thereof, he shall inform the Engineer of the details of
the needed repairs and provide an estimate of the repair time and
materials. Prefabricated products will be reimbursed at the Contractor's
cost plus 15%. No repairs shall be performed under this pay item
without the prior approval of Engineer and Town.
Measurement and payment shall be made on the unit price bid per man-
hour for repairs performed on-site and shall include all labor, materials
and equipment necessary to complete the repairs
SP-50: SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
In addition to GP Item 105.3. Shop Drawings, Product Data and Samples, add:
Each submittal shall consist of five (5) quality copies, in accordance with the
Submittal Section in the Technical Specifications, unless otherwise requested
by the OWNER.
-END OF SPECIAL PROVISIONS-
SECTION IV
TECHNICAL SPECIFICATIONS
(Division 200 — 800 of the North Central Texas Council of Governments',
"Standard Specifications for Public Works Construction")
Section 09090 — Removal and Disposal of Heavy Metals in Paint
Section 09900 - Painting of Steel Water Storage Tanks
Section 13250 - Repair of Steel Ground Storage Tanks and Appurtenances
TECHNICAL SPECIFICATION ITEM 09090:
REMOVAL AND DISPOSAL OF HEAVY METALS IN PAINT
PART 1 - GENERAL
1.01 DESCRIPTION
The work to be performed under this section of the specifications shall consist of furnishing
all supervision, labor, supplies, safety and monitoring devices, materials, tools and
equipment necessary to remove, handle and contain potential hazardous waste materials in
existing coatings that have been tested to reveal excessive levels of contamination from toxic
heavy metals (TCLP 8 Metals) such as: Lead, Chromium, Cadmium, Arsenic, Selenium,
Silver,Barium and Mercury. Work shall also include containment and/or treatment of paint
and residual sludge (if applicable) to be hauled away and disposed of at an EPA-approved
landfill and recycling plant and shall also include preparing all permits and notifications
required as specified herein.
1.02 APPLICABLE PUBLICATIONS
The publications listed below form a part of this specification to the extent applicable.
A. Code of Federal Regulations (CFR):
29 CFR 1910.134 Respiratory Protection
29 CFR 1910.1025 Lead, General Industry
29 CFR 1910.94 Ventilation
29 CFR 1910.145 Specifications for Accident Prevention Signs&Tags
29 CFR 1910.146 Permit Required Confined Spaces
40 CFR 261 Identification and Listing of Hazardous Waste
40 CFR 262 Standards Applicable to Generators of Hazardous
Waste
40 CFR 263 Standards Applicable to Transporters of Hazardous
Waste
40 CFR 264 Standards for Owners and Operators of Hazardous
Waste Treatment, Storage and Disposal Facilities.
40 CFR 265 Interim Status Standards for Owners and Operators of
Hazardous Waste Treatment, Storage and Disposal
Facilities.
B. Texas Administrative Code(TAC): Texas Commission on Environmental Quality:
09090-1
30 TAC 101.1, Subchapter A: Definitions
30 TAC 101.4, Subchapter A: Nuisance
30 TAC 101.211, Subchapter F: Scheduled Maintenance, Startup and
Shutdown Reporting and Recordkeeping
30 TAC 101.221, Subchapter F: Operational Requirements
30 TAC 101.222, Subchapter F: Demonstrations
30 TAC 101.223, Subchapter F: Actions to Reduce Excessive Emissions
30 TAC 106.263, Subchapter K: Routine Maintenance, Startup and Shutdown
of Facilities and Temporary Maintenance
Facilities
30 TAC 106.431, Subchapter S: Milling and Grinding of Coatings and
Molding Compounds
30 TAC 106.451, Subchapter T: Wet Blast Cleaning
30 TAC 106. 452, Subchapter T: Dry Abrasive Cleaning
C. American National Standards Institute (ANSI)Publications:
Z88.2.80 Practice for Respiratory Protection
C. Department of Transportation (DOT):
49 CFR 178.115-118 55 Gallon Open Head Steel Drum (Cover#17C)
D. U.S. Environmental Protection Agency
Preparation Method: EPA 1311, 3010A (TCLP for Metals)
Analysis Method: EPA 6010B (ICP-AES Method for Determination of Metals)
Mercury Method: EPA 7470A (Mercury in Liquid Waste— Manual Cold-Vapor
Technique)
1.03 REMOVAL AND DISPOSAL - GENERAL REQUIREMENTS
A. Definitions:
1. Area Monitoring: Sampling of metal concentrations within the control area
and outside the control area, which is representative of the airborne
concentrations that may reach the breathing zone of personnel potentially
exposed to toxic metals.
2. Lead: "Lead" means the metallic lead, inorganic lead compounds, and
organic lead soaps.
09090-2
3. Control Area: An area where hazardous metal containing paint removal
operations are performed which is isolated by physical boundaries to prevent
unauthorized entry of personnel,and where in-air measurements are taken at
the boundary for monitoring of compliance with environmental regulations.
Barriers to prevent the spread of dust,paint chips,or debris may be located at
or within the boundaries of the control area.
4. Lead Permissible Exposure Limit (PEL): The limit is 50 micrograms per
cubic meter of air as an 8 hour time weighted average as determined by 29
CFR 1910.1025.
5. Action Level: Employee exposure,without regard to the use of respirators,to
an airborne concentration of lead of 30 micrograms per cubic meter of air
averaged over a 9-hour period.
6. High Efficiency Particulate Air (HEPA) Filter Equipment: HEPA filtered
vacuuming equipment with a UL 586 filter system capable of collecting and
retaining contaminated paint dust.
7. Personal Monitoring: Sampling of metal concentrations within the breathing
zone of an employee to determine the 8-hour time weighted average
concentration in accordance with 29 CFR 1910.1025. The samples shall be
representative of the employee's work tasks. The breathing zone shall be
considered an area within 12 inches of the nose or mouth of an employee.
8. 8-Hour Time Weighted Average (TWA): The 8-hour TWA is the airborne
concentration of lead averaged over an 8-hour workday to which an employee
is exposed.
B. Description of Work:
The work covered by this section includes procedures and equipment required to
remove the metal containing paint or protective coatings, if required, and to limit
occupational and environmental exposure when metal containing paint is removed.
The work includes the disposal of the removed paint chips, abrasive media and
associated waste. Perform work in accordance with 29 CFR 1910.1025. and the
requirements specified herein.
C. Waste Disposal:
Waste materials and debris resulting from paint removal work shall be disposed of as
specified herein by the Contractor.
09090-3
D. Protection of Existing Work to Remain:
Perform paint removal work without damage or contamination of adjacent areas.
Where such work is damaged or contaminated,restore work to original condition or
better.
E. Medical Examinations:
Before exposure to lead-containing dust,the Contractor shall provide workers with a
comprehensive medical examination as required by 29 CFR 1910.1025. This
examination will not be required if adequate records show the employees have been
examined as required by 29 CFR 1910.1025. within the last year.
1. Medical Records:
Maintain complete and accurate records of employee's medical records for a
period of 40 years or for 20 years after termination of employment,whichever
is longer.
F. Training:
Within one year prior to assignment to paint removal work, each employee shall be
instructed for a minimum of 4 hours by a Certified Industrial Hygienist (CIH) with
regard to the hazards of heavy metals, safety, and health precautions; the use and
requirements for protective clothing, equipment, and respirators; and additional
requirements of 29 CFR 1910.1025. Furnish each employee, required to wear a
negative pressure respirator, with a respirator fit test administered by the CIH as
required by 29 CFR 1910.1025. Fully cover engineering and other hazard control
techniques and procedures. Submit certificate signed and dated by the CIH and by
each employee that the employee has received training for a minimum of four hours.
G. Respiratory Protection Program:
The Contractor shall establish and implement a respiratory protection program as
required by ANSI Z88.2, CFR 1910.134 and 29 CFR 1910.1025.
H. Monitoring:
The Contractor shall measure and control lead dust outside of the work boundary but
within the project site to less than 30 micrograms/cubic meter at all times. In
addition,the controlled work area within the project site shall meet this criteria prior
09090-4
to release for unrestricted access.
I. Safety and Health Compliance:
In addition to the detailed requirements of this specification, the Contractor shall
comply with all laws, ordinances, rules, and regulations of federal, state, and local
authorities regarding handling, storing,transporting, and disposing of contaminated
waste materials. The Contractor shall comply with the applicable requirements of the
current issues of 29 CFR 1910.1025.
J. Signs:
The Contractor shall post the following warning signs in each work area where the
PEL is exceeded for airborne lead.
WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
(Note: This legend shall be readily visible)
1.04 REQUIRED SUBMITTALS:
The Contractor shall submit to the Owner/Engineer the following for approval prior to
commencing any paint removal work.
A. Documentation:
Documentation evidencing experience of a minimum of two years in the heavy
metals control, removal and abatement industry. A detailed listing of previously
completed projects may be accepted in lieu of a certification where such is not
required by federal,state and local authorities. It is further required that all personnel
engaged in the removal of hazardous metal contaminants must show proof of at least
six (6) months experience in this line of work.
B. Manufacturer's Certificates of Compliance:
1. Vacuum Filters
2. Respirators
C. Manufacturer's Catalog Data:
1. Vacuum Equipment
2. Respirators
09090-5
3. Power Tool Cleaning Equipment
D. Heavy Metals-Containing Paint Removal Plan:
Submit a detailed job-specific plan of the work procedures to be used in the removal
of metals-containing paint. The plan shall be prepared by the Contractor's
representative who will supervise and direct the paint removal operation and shall be
reviewed by a Certified Industrial Hygienist(CIH)for conformance to the applicable
referenced standards. The CIH shall note approval with signature, date and the CIH
sequencing of related work, disposal plan, air sampling plan,respirators,protective
equipment, and a detailed description of the method used in order to remove paint
and to control pollution. The air sampling portion of the plan shall include air
sampling, training and strategy, sampling methodology, frequency and duration of
sampling. The plan shall be approved prior to the start of paint removal work. Prior
to beginning work, the Contractor and CIH shall meet with the Owner/Engineer to
discuss in detail the metals-containing paint removal plan,including work procedures
and precautions.
E. Certified Industrial Hygienist (CIH):
Submit the name, address, and telephone number of the CIH selected to review and
approve the lead-containing paint removal plan,indirect monitoring,inspection of the
lead-containing paint removal work for conformance with the approved removal
plan, and perform training. Submit certification that the CIH is certified by the
American Board of Industrial Hygiene in comprehensive practice. Include
certification number and date. The CIH or a Certified Industrial Hygienist
Technician shall be available, in person or via telephone, for response to questions
and comments during the entire metals-containing paint removal operation.
F. Testing Laboratory:
Submit the name,address and telephone number of the certified Testing Laboratory
selected to perform the Contract Laboratory Analysis,consisting of the gathering of
all on-site/off-site samples, all on-site/off-site testing(as required), and reporting of
all airborne concentration of lead along with certification that persons doing the
analysis have been j udged proficient by successful participation within the last year in
the National Institute for Occupational Safety and Health (NIOSH) Proficiency
Analytical Testing (PAT) Program. The laboratory shall be accredited by the
American Industrial Hygiene Association (AIHA).
Submit the name,address and telephone number of the testing laboratory selected(if
different)to perform all hazardous waste testing on the paint residue and chips, and
the soil as required.
09090-6
Note: The Contractor shall not gather or obtain any samples required to be tested
unless prior approval is obtained in writing from the Owner,and then,only obtained
in the presence of the Owner's Project Representative.
G. Permits and Notifications:
Permits and EPA identification numbers in accordance with 40 CFR 262, 263, and
264 concerning the containment, generation, removal, hauling and disposal of
hazardous waste shall be the complete responsibility of the Contractor and all
regulations regarding the packaging and containment will be strictly adhered to.
Contact the Commission office for the region in accordance with the Texas
Administrative Code, Title 30, "Environmental Quality", Part 1 — Texas
Commission on Environmental Quality, Chapter 101, "General Air Quality
Rules",Subchapter F,"Emission Events and Scheduled Maintenance,Startup
and Shutdown Activities", Division 2, Rule 101.211, "Scheduled
Maintenance, Startup and Shutdown Reporting and Recordkeeping
Requirements", adopted September 12, 2002.
The Contractor shall contact: Mr. Tony Walker, Regional Director, TCEQ,
Region 4, Dallas/Fort Worth Office, 2309 Gravel Drive, Fort Worth, Tx.
76118-6951 to ensure that all precautions are taken and that proper
notification(i.e.forms,permits,etc.)is provided at least one(1)week prior to
commencement of work. The office phone number is 817-588-5800, Fax:
817-588-5700.
H. Monitoring Results:
Monitoring shall be completed and the results reviewed by the CIH within 24 hours.
The CIH shall notify the Contractor and the Owner/Engineer immediately of
exposure to lead at or in excess of the action level(AL)of 30 micrograms per cubic
meter of air at the boundary areas. Submit monitoring results to the Owner/Engineer
within 7 working days, signed by the testing laboratory employee performing the
analysis.
I. Rental Equipment:
If rental equipment is to be used during lead-containing paint handling and disposal,
furnish written notification to the rental agency concerning the intended use of the
equipment. Furnish a copy of the notification to the Owner/Engineer.
09090-7
J. Respiratory Protection Program:
ANSI Z88.2, 29 CFR 1910.134, 29 CFR 1910.1025, and 29 CFR 1910.146.
PART 2 -PRODUCTS
2.01 EQUIPMENT:
A. Respirators:
The Contractor shall select respirators approved by the National Institute for
Occupational Safety and Health (NIOSH), Department of Health and Human
Services,for use in atmospheres containing lead dust. Respirators shall comply with
the requirements of 29 CFR 1910.1025.
B. Special Clothing:
The Contractor shall furnish personnel exposed to lead-containing dust with
disposable protective whole body clothing,head covering,gloves and foot coverings.
The Contractor shall also furnish disposable plastic or rubber gloves to protect
hands. The level of protection can only be reduced after approval from the CIH.
C. Warning Signs and Labels:
Warning signs shall be provided at all approaches to the lead control areas. Locate
signs at such a distance that personnel may read the sign and take the necessary
precautions before entering the area. Provide and affix labels to impermeable bags,
lead waste drums, and other containers containing lead materials, scrap, waste or
debris. Signs and labels shall comply with the requirements of 29 CFR 1910.1025.
D. Tools:
Filters on vacuums shall be absolute HEPA filters and UL 586 labeled.
E. Equipment:
Furnish the Owner/Engineer with complete sets of personal protective equipment
upon request, for entry to and inspection of the paint removal work within the lead-
controlled area. The personal protective equipment shall include respirators and
disposal whole body coveralls. The quantity shall not exceed one set daily.
09090-8
PART 3 -EXECUTION
3.01 WORK PROCEDURES:
The Contractor shall perform removal of metals-containing paint in accordance with 29 CFR
1910.1025 and as specified herein. Personnel shall wear and use protective clothing and
equipment as specified herein. Personnel shall wear and use protective clothing and
equipment as specified herein. Eating, smoking or drinking is not permitted in the control
area. No one shall be permitted in the control area unless they are provided with appropriate
training and protective equipment.
A. Control Area Requirements:
The Contractor shall establish a control area by roping off the area. Provide
containment as required to maintain the airborne concentration of lead below 30
micrograms per cubic meter at the boundaries. During the paint removal operation,
should the employees need to exit the controlled area, they shall be required to
remove the disposable coveralls,place them in an approved impermeable disposable
bag, and then exit the area such that no lead contamination leaves the lead-control
area on the bodies or clothing of those persons. Take personal air monitoring
samples on employees that are anticipated to have the greatest risk of exposure as
determined by the CIH. Take air monitoring samples on at least 25 percent of the
work crew or a minimum of two employees,whichever is greater during each work
shift.
B. Monitoring:
Monitoring of airborne concentrations of lead shall be in accordance with 29 CFR
1910.1025 and as specified herein. Air monitoring and reporting shall be performed
by a CIH or a full-time employee of the Contractor who is under the direction of the
CIH. The Owner shall have to option to perform independent monitoring.
1. Monitoring During Paint Removal Work:
The CIH/Contractor shall perform personnel and area monitoring during the
entire paint removal operation. If the boundary air monitoring samples show
airborne concentrations have reached 30 micrograms per cubic meter of air,
the work shall be stopped, the condition that caused the increase corrected,
and the Owner/Engineer shall be notified immediately. If adjacent areas are
contaminated,the contaminated areas shall be decontaminated as appropriate
and visually inspected. The CIH/Contractor shall certify that the area has
been decontaminated of lead contamination prior to release of this
09090-9
requirement.
C. Site Inspection:
While performing paint removal work, the Contractor shall be subject to on-site
inspection by the Owner's Project Representative,who may be assisted by safety and
health personnel. If the work is in violation of Contract Specification requirements,
the Owner/Engineer will issue a stop work order to be in effect immediately until the
violation is resolved.
D. Paint Removal:
The Contractor shall select the paint removal process indicated herein to minimize
contamination of work areas with metals-containing dust. Minimize the discharge of
dust to the atmosphere. Perform mechanical paint removal using containment
enclosures, or other methods of dust abatement(as required). Collect paint residue
and chips. Use protective sheeting of 0.6 mil polyethylene, tightly secured at
perimeter with duct tape to prevent contact of contaminated paint chips and residue
with the ground or escape of debris to the environment. The following methods of
removal shall be utilized for the removal of lead or hazardous metals containing
paints.
1. Power Tool Stripping Systems:
The VAC-PAC, or approved equal, an ultra-high performance vacuum
system as designed by PENTEK,INC. [1026 Fourth Avenue,Coraopolis,PA
15108, (412)262-0725], offers a two-stage positive filtration of toxic
materials. The system shall be compact,and feature an exclusive controlled-
seal drum fill system which allows the operator to fill, seal, remove and
replace the waste drum under controlled vacuum conditions. This will assure
positive control of waste and dust, and minimize the possibility of releasing
airborne contamination during drum changing operations. This information
is provided for convenience and is not intended to be a proprietary
specification.
The Abrasive Vacuum Blast System shall be fully pneumatic with a media
recovery and separation system,capable of recycling the abrasive(aluminum
oxide, steel shot, steel grit, etc. except for the prohibited use of sand that
contains crystalline silica) and depositing the waste in a sealed drum. The
compressed air shall provide dry,clean air to the blasting equipment such that
the abrasive media will be dispensed in a uniform and consistent stream onto
the exterior and interior surfaces being blasted.
09090-10
The Sandblast System shall be fully pneumatic, providing dry, clean
compressed air and dispensing the clean sand in a uniform and consistent
stream. All spent abrasive shall be collected as required and disposed of in
accordance with the applicable standards.
These methods of removal shall be accomplished in accordance with all
sections of this specification.
2. Chemical Stripping Removal System:
The Peel-Away Paint Remover System,or approved equal, as manufactured
by Dumond Chemicals, Inc., Houston, Texas (800)245-1191, is an
environmentally safe product which is suited for removing lead paint from a
variety of surfaces (i.e. cast iron, concrete, steel, brick, etc.). This product
will assure positive control of waste and dust with no fumes and no
flammable solvents(Peel-Away System). This product does not remove rust
and scale or generate airborne particulate.
a. The manufacturer of the chemical-stripper removal system shall
provide the services of a qualified technical on-site representative to
instruct the Contractor in the proper techniques for protective
clothing, application and removal of the product to be used.
b. Prior to use, the Contractor shall have the appropriate chemical
stripper applied at various locations on the tank surfaces as test
patches. These patches will determine thickness of application,
reaction time and the proper product to use (if required). The
Engineer and Owner shall be notified at least 48 hours prior to
performing these test patches.
C. The Contractor shall install tarpaulins or similar materials on the
ground surface immediately under and adjacent to the area of the tank
where the chemical stripper will be applied and removed. The
tarpaulins shall be watertight so as to completely contain any excess
liquids from applications to or rinsing of the tank surfaces. The
tarpaulins shall extend a minimum of 20 feet beyond the patch areas
in all directions horizontally.
d. The chemical stripper shall be sprayed onto the tank surfaces utilizing
a spray rig designed to apply heavy, mastic-type materials.
The thickness shall vary between a minimum of 1/8 inch to 1/4 inch,
however, the test patches will dictate the actual thickness to use.
09090-11
e. After the manufacturer's recommended reaction time is complete,the
chemical stripper and the reacted paint coatings shall be removed
with a broad knife,a large commercial wet/dry power vacuum,or the
Peel-Away filtered vacuum system. The Contractor shall remove the
entire paint coating on the tank surfaces including all residue prior to
the clean-up procedure by scraping, brushing, or wet power
vacuuming. Special attention shall be paid to grooves and cracks.
All waste products of the chemical stripper removal system shall be
deposited into containers of 55-gallon drums furnished at the site by
the Contractor.
f. The Contractor shall use pH paper to check the bare metal tank
surfaces to assure the tank surfaces have been properly cleaned and
neutralized. The pH shall be 7.0 or greater. The surfaces may be
flushed with water or a neutralizing agent to achieve the proper pH.
This method of removal shall be accomplished in accordance with the
applicable sections of this specification and as follows: Provide five
(5) copies of the technical data sheets for the chemical stripper used
including the manufacturers name, address and phone number,
product description, basic use, limitations, precautions, shelf life,
known environmental hazards and recommended application
methods.
E. Testing of Lead-Contaminated Paint Residue:
The selected Testing Laboratory shall obtain a representative sample of contaminated
paint residue and chips in accordance with 40 CFR 261 to determine the level of
hazardous wastes based upon the Toxicity Characteristic Leaching Procedure
(TCLP)if using"power tool cleaning" or"sandblasting"equipment,and the Toxicity
Characteristic Leaching Procedure with Solvents Testing if using a "chemical-
stripper removal system". The results of all TCLP tests indicating less than 5 ppm
shall be provided to the following persons or agencies by the Contractor or Testing
Laboratory if so directed:
1. TCEQ (2 copies)
2. Owner(2 copies)
3. Engineer(1 copy)
The paint,residue, chips and spent abrasives determined to be non-hazardous waste
shall be handled and disposed of in accordance with applicable portions of 40 CFR
09090-12
260-266.
If the results of all TCLP tests indicate 5 ppm or greater,they shall be provided to the
following persons or agencies;
1. Environmental Protection Agency (3 copies)
2. TCEQ (3 copies)
3. Owner (2 copies)
4. Engineer (1 copy)
Lead-contaminated paint, residue, chips and spent abrasives determined to be
hazardous waste shall be handled and treated in accordance with the treatment plan
and disposed of in accordance with 40 CFR 260-266.
F. Testing of Lead-Contaminated Soil:
At the Contractor's expense, a representative sample of soil, within the tank site
working area, shall be obtained and a Hazardous Waste Determination shall be
performed by the selected Testing Laboratory to determine the current level(ppm)of
lead in the soil (if any).
Soil sampling shall be also performed by the selected Testing Laboratory prior to and
after the completion of the waste removal. The samples shall be analyzed for lead
content using atomic absorption techniques. The Contractor/Testing Laboratory shall
be responsible for restoring and retesting the site to its original condition. Six (6)
representative sites(see Figure 41 included at the end of this item)shall be identified
and sampled by the selected Testing Laboratory under the supervision of the Owner's
Project Representative with the following procedure: five(5)3/4"x 1/2"deep plugs,
one from each corner and one from the middle of a 12" x 12" area of soil shall be
obtained by the selected Testing Laboratory prior to the commencement of,and at the
completion of,the paint removal operations. The samples obtained from each 12"x
12" site shall be combined as a single sample,bagged,sealed,identified and taken or
shipped to the approved laboratory for analysis of lead content determining if there
has been any increase in lead content of the soil.
The Contractor shall be completely responsible to provide exterior containment such
as ground covers or tarpaulins (if required or necessary) to protect surrounding
natural ground soils from becoming exposed to stripped or blasted waste or dust
debris. The Contractor shall bear all costs associated with correcting the
contaminated ground soils or other nearby structures due to negligence and lack of
containment techniques and practices.
09090-13
3.02 ON-SITE TREATMENT OF HAZARDOUS WASTE FOR DISPOSAL (TREATMENT
PLAN)
At the Contractor's option,either before or after all tests results have been obtained and it has
been determined that the paint, residue, chips and/or spent abrasives contain hazardous
characteristics greater that EPA permitted levels,the Contractor may treat the waste on-site
within EPA,TCEQ and 40 CFR guidelines and regulations. The Contractor/Owner may not
be required to apply for special permit as long as the waste is treated on-site in suitable
containers, within a 90-day accumulation period, but will be required to develop a written
waste analysis plan which described the procedures that will be carried out to comply with
treatment standards and how compliance will be verified (tested). The Contractor/Owner
must submit this plan to EPA and TCEQ(Hazardous Waste Permits Section)at least 30 days
prior to treatment of the waste. Upon letter response from the TCEQ indicating that TCEQ
permission is not required to treat the waste in containers within the 90-day accumulation
period, the Contractor may proceed with on-site treatment of the waste to a Class 11 non-
hazardous waste which then can be disposed of at a Subtitle C or Subtitle D landfill. [Note:
If waste is treated without letter from TCEQ,the Texas Department of Health(TDH)will not
accept the waste in disposal facilities they regulate.]
A. Options Available For On-Site Treatment of Hazardous Waste:
1. One option available to treat waste with hazardous characteristic is by
stabilizing and solidifying it with Portland cement. This type of treatment
will encapsulate and stabilize lead from leaching out at a significant rate
thereby testing non-hazardous by the TCLP. The waste may then be
reclassified as a Class 11 non-hazardous waste.
2. Another option available to treat waste with hazardous characteristics is by
mixing it with a prescribed material (such as lime) recommended by an
authorized chemist or chemical agent who is duly qualified to analyze and
advise the Contractor as to the formula for stabilizing the leaching of the lead
to a non-hazardous test level by TCLP. The waste may then be reclassified as
a Class 11 non-hazardous waste.
3. A third option is to use a pre-manufactured heavy metal detoxin, such as
PASCO 'Lead Y or other approved material. The detoxin shall chemically
react with the heavy metals to form an insoluble product that does not mask,
dilute or encapsulate the contaminated material.
In either option above,the Contractor must have the selected Testing Laboratory retest after
treatment and must then take steps to prepare for and prevent accidents from occurring. This
will mean that the Contractor must carefully operate and maintain appropriate types of
09090-14
emergency communication and fire equipment for this kind of waste handling and provide
any further requirements which follow EPA and TCEQ.
3.03 CLEAN UP AND DISPOSAL
A. Clean Up:
The Contractor shall maintain surfaces of the control area free of accumulations of
paint chips and dust. Restrict the spread of dust and debris; keep waste from being
distributed over the general area. Do not dry sweep that area. At the end of each
shift and when the paint removal operation has been completed, the area shall be
clean of visible lead paint contamination. The Contractor shall certify in writing that
the area boundary air monitoring samples are less than 30 micrograms per cubic
meter of air, the respirator protection for the employees was adequate, the work
procedures were performed in accordance with 29 CFR 1910.1025, and the wipe
sampling and visual inspection indicated there are no visible accumulations of lead-
containing paint and dust on the work site. Do not remove the control area or roped-
off perimeter and warning signs prior to the Owner's receipt of the certification. The
Owner's Project Representative will visually inspect the affected surfaces for residual
paint chips and accumulate dust before removal of the lead-control area. Areas
showing dust or residual paint chips shall be re-cleaned.
B. Disposal of Paint and Contaminated Dust Classified as Hazardous Waste:
The Contractor shall be responsible for the daily logging of all removed, contained
and stored waste materials.
The Contractor shall collect metals-containing waste, scrap, debris, bags,
containers, equipment and lead-contaminated clothing which may produce airborne
concentrations of lead particles and place in sealed impermeable bags. Affix a
caution label to each bag. Dispose of waste lead-containing material at an
Environmental Protection Agency(EPA)-approved landfill. For temporary storage,
store sealed impermeable bags in waste drums in a secured location approved by the
Owner. Handling,transport, and disposal of lead or lead-contaminated waste shall
be in accordance with 40 CFR 260, 261, 262, 263, 264, and 265.
Special Note: The Waste Hauler must have adequate hazardous waste
handling insurance to completely cover any accidental
spillage en route to the landfill site.
C. Landfill:
The Contractor shall submit written evidence that the landfill for disposal is approved
09090-15
for lead disposal by the USEPA and state or local regulatory agency. Submit detailed
delivery manifest certifying the amount of lead materials delivered to the landfill,
within 7 working days after delivery. The manifests shall show as a minimum the
manifest number; the name, address and phone number of the landfill; the name,
address and phone number of the waste hauler;the weight of the waste disposed;the
origin of the waste; and signed and dated by both the agent of the landfill and the
driver for the waste hauler.
3.04 MEASUREMENT AND PAYMENT
The lump sum prices bid in the Proposal shall include full compensation for furnishing and
performing all labor, materials, tools, and equipment including all the work involved to
safely and legally control,remove,transport and dispose of heavy metals-contaminated paint
complete in accordance with this Specification and Contract Documents.
09090-16
TECHNICAL SPECIFICATION ITEM 09900:
PAINTING STEEL WATER STORAGE TANKS
PART 1 —GENERAL
1.01 SCOPE The work of this section includes the removal of existing coatings as
required, preparation of steel surfaces and application of prime/finish coatings on interior
and exterior of steel water storage tanks.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Special Provisions of these Documents.
Technical Specification Item 13250 - Repair of Steel Tanks and Appurtenances
1.03 REFERENCE SPECIFICATIONS AND STANDARDS
A. Without limiting the general aspects of other requirements of these specifications, all
surface preparation,coating and painting of interior and exterior surfaces and inspection
shall conform to the applicable requirements of the Steel Structures Painting Council,
NACE International,ASTM(American Society for Testing and Materials),AWWA and
the manufacturer's printed instructions.
The Engineer's decision shall be final as the interpretation and/or conflict between any of
the referenced specifications and standards contained herein.
1.04 CONTRACTOR
A. The Contractor shall have five (5)years' practical experience and successful history in
the application of specified product to surfaces of steel water tanks. Upon request, he
shall substantiate this requirement by furnishing a list of references and job completions.
B. The Bidder shall submit with his bid a written statement that he is familiar with the
materials specified and has workers capable of performing the work specified herein.
C. The personnel performing the work shall be knowledgeable and have the required
experience and skill to adequately perform the work for this project, in accordance with
SSPC-PA1, "Shop, Field and Maintenance Painting".
1.05 QUALITY ASSURANCE:
General: Quality assurance procedures and practices shall be utilized by the Contractor to
09900-1
monitor all phases of surface preparation,application and inspection throughout the duration
of the project. Procedures or practices not specifically defined herein may be utilized
provided they meet recognized and accepted professional standards and are approved by the
Engineer.
A. Surface Preparation: Surface preparation will be based upon one or more of the following
standards: "Pictorial Surface Preparation Standards for Painting Steel Surfaces:
SSPC_VIS I-89", ASTM Designation D2200, latest revision; "Standard Methods of
Evaluation Degree of Rusting on Painted Surfaces", ASTM D4417, latest revision;
Method A and/or Method C of NACE Standard SPO287,and ASTM Designation D610"
Visual Standard for Surfaces of New Steel Airblast Cleaned with Sand Abrasive". In all
cases the written standard shall take precedence over the visual standard. In addition,
NACE Standard SP0178, along with the Visual Comparator shall be used to verify the
surface preparation of welds.
B. Application: No coating or paint shall be applied when: 1) the surrounding air
temperature or the temperature of the surface to be coated or painted is below the
minimum surface temperature for the products specified herein,2)rain,snow,fog or mist
is present, 3)the surface temperature is less than 5 degrees F above the dew point,4)the
air temperature is expected to drop below the minimum temperature for the products
specified within six hours after application of coating, or 5) the surface has not been
properly prepared or is wet.
Dewpoint shall be measured by use of an instrument such as a Sling Psychrometer in
conjunction with U.S. Department of Commerce Weather Bureau Psychrometric
Tables. If any of the above conditions are forecasted or prevalent,coating or painting
shall be delayed or postponed until conditions are favorable. The day's coating shall
be completed in time to permit the film sufficient drying time prior to damage by
atmospheric conditions.
C. Inspection:
1. Thickness and Holiday Checking: Thickness of coatings and paint shall be
checked with a non-destructive,magnetic-type thickness gauge,as per SSPC-PA-
2 " Measurement of Dry Film Thickness with Magnetic Gages". References in
PA-2 which allow 80%of the minimum thickness specified are not acceptable.
Use an instrument such as a Tooke Gauge, if a destructive test is deemed
necessary by the Engineer.
The integrity of interior coated surfaces shall be checked with a low voltage
holiday detector in accordance with NACE Standard SP0188. Non-destructive
holiday detection shall not exceed 67.5 volts, nor shall destructive holiday
detection exceed the voltage recommended by the manufacturer of the coating
09900-2
system. A solution of 1 ounce non-sudsing-type wetting agent, such as Kodak
Photo-Flo,and 1 gallon of tap water shall be used to perform the holiday testing.
All pinholes and/or holidays shall be marked and repaired in accordance with the
manufacturer's printed recommendations and retested. No pinholes or other
irregularities will be permitted in the final coating.
2. Inspection Devices:The contractor shall furnish,until final acceptance of coating
and painting, inspection devices in good working condition for detection of
holidays and measurement of dry film thickness of coating and paint. The
Contractor shall also furnish U.S.Department of Commerce,National Bureau of
Standards certified thickness calibration plates and/or plastic shims, depending
upon the thickness gauge used,to test the accuracy of dry film thickness gauges
and certified instrumentation to test the accuracy of holiday detectors. Dry film
gauges and holiday detectors shall be made available for the Engineer's use at all
times until final acceptance of application. Holiday detection devices shall be
operated in the presence of the Engineer.
3. Inspections: Inspection for this project shall consist of`hold point' inspections.
The Engineer or his representative shall inspect the surface prior to abrasive
blasting or cleaning, after existing coating has been removed but prior to
application of coating materials, and between subsequent coats of material.
Final inspection shall take place after all coatings are applied but prior to placing
the tank in service. Contractor will insure that sufficient rigging is in place so
that the Engineer or his representative shall be able to conduct the required
inspections.
4. Warranty Inspection:Warranty inspection shall be conducted during the eleventh
month following acceptance of all coating and painting work. All defective work
shall be repaired in accordance with this specification and to the satisfaction of
the Engineer and/or Owner.
1.06 SAFETY AND HEALTH REQUIREMENTS
A. General: In accordance with requirements set forth by regulatory agencies applicable to
the construction industry and manufacturer's printed instructions and appropriate
technical bulletins and manuals,the Contractor shall provide and require use of personal
protective lifesaving equipment for persons working on or about the project site.
B. Head and Face Protection and Respiratory Devices: Equipment shall include protective
helmets which shall be worn by all persons while in the vicinity of the work. In addition,
workers engaged in or near the work during sandblasting shall wear eye and face
protection devices and air purifying half-mask or mouthpiece respirators with appropriate
09900-3
filters. Barrier creams shall be used on any exposed areas of skin.
B. Ventilation: Where ventilation is used to control hazardous exposure, all equipment
shall be explosion-proof. Ventilation shall reduce the concentration of air
contaminants to the degree where a hazard does not exist. Air circulation and
exhausting of solvent vapors shall be continued until coatings have fully cured.
C. Sound Levels: Whenever the occupational noise exposure exceeds maximum
allowable sound levels, the Contractor shall provide and require the use of approved
ear protection devices.
D. Illumination: Adequate illumination shall be provided while work is in progress,
including explosion-proof AWWA D102-11 AWWA lights and electrical equipment.
Whenever required by the Engineer,the Contractor shall provide additional
illumination and necessary supports to cover all areas to be inspected. The level of
illumination for inspection purposes shall be determined by the inspector.
E. Temporary Ladders and Scaffolding: All temporary ladders and scaffolding shall
conform to applicable safety requirements. They shall be erected where requested by
the Engineer to facilitate inspection and be moved by the Contractor to locations
requested by the Engineer.
1.07 PRODUCT DELIVERY, STORAGE & HANDLING
A. All materials shall be brought to the job site in original sealed containers. They shall not
be used until the Engineer has inspected the contents and obtained data from information
on containers or label. Materials exceeding storage life recommended by the
manufacturer shall be rejected.
B. All coatings and paints shall be stored in enclosed structures to protect them from
weather and excessive heat or cold. Flammable coatings and paints must be stored to
conform with Town, County, State and Federal safety codes for flammable coating or
paint materials. At all times coatings and paints shall be protected from freezing.
PART 2—MATERIALS
2.01 GENERAL REQUIREMENTS
A. All materials shall be lead-free as defined by the Consumer Product Safety Act, Part
1303.
09900-4
B. All zinc dust pigment contained in any zinc-rich material shall meet the requirements of
ASTM-D 520, Type II as regards zinc content and purity.
C. All materials for the interior wetted portion of the tank shall meet the requirements of
ANSLNSF Standard 61 for potable water content.
2.02 ACCEPTABLE MANUFACTURERS
A. Materials specified are those that have been evaluated for the specific service. Products
of the Tnernec Company, Inc. are listed to establish a standard of quality and are the
preferred products of the Town based on previous projects using similar materials.
Equivalent materials of other manufacturers may be submitted to the Engineer upon
written request of the Contractor. Written approval for the specific product(s) shall be
obtained from the OWNER prior to the date of Bid Opening. As part of the proof of
equality, the Engineer may require, at the cost of the Contractor, certified test reports
from a nationally known, reputable and independent testing laboratory conducting
comparative tests as directed by the Engineer between the product specified and
requested substitution.
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 (5)
successful steel tank painting projects within a 100-mile radius of the subject project
shall be submitted in which each product has been used and has rendered a satisfactory
service for a minimum of ten(10) years.
C. Manufacturer's color charts shall be submitted to the Town and Engineer at least 30 days
prior to coating and/or paint application. The Contractor shall coordinate work so as to
allow sufficient time(normally seven to ten days)for paint to be delivered to the job site.
D. Any approved substitutions will require the Contractor to reimburse his cost savings to
the Town. If the substituted products are of higher cost to the Contractor than the
specified products,the additional costs shall be borne by the contractor and no additional
payments will be allowed.
2.03 MATERIAL PREPARATION
A. Mix and thin materials according to manufacturer's latest printed instructions.
09900-5
B. Do not use materials beyond manufacturer's recommended shelf life.
C. Do not use mixed materials beyond manufacturer's recommended pot life.
2.04 TANK INTERIOR COATING SYSTEM
A. Surface Preparation Prior to Blast AWWA Cleaning: Weld flux and spatter shall be
removed by power tool cleaning. Sharp projections shall be ground to a smooth
contour. All welds shall be ground to a smooth contour as per NACE Standard
SP0178 and herein.
B. Surface Preparation: SSPC-SP 10 Near-White Metal Blast Cleaning. Anchor profile
shall be 1.5 to 2.5 mils as per ASTM D 4417,Method C or NACE Standard SP0287.
C. Coating S, sue: AWWA D102-11, Inside Coating System No. 5
Stripe Coat: Tnemec Series 91-H20 Hydro-Zinc,Gray/Green color,(zinc-
rich aromatic urethane)applied by brush and scrubbed into all
weld seams. In addition to weld seams, all edges, corners,
bolts, rivets, and pits shall receive a stripe coat.
I" Coat(over bare metal): Tnemec Series 91-H20 Hydro-Zinc, Gray /
Green color, (zinc-rich aromatic urethane) applied at 2.5 to
3.5 dry mils. Thin only with approved thinner,Tnemec 41-2
or 41-3 Thinner.
2°d/3`d Coat: Tnemec Series N140 Pota-Pox Plus,beige color,(polyamide
epoxy) applied at 4.0 to 6.0 dry mils per coat. Thin only with
approved thinner.
Total dry film thickness shall be a 10.5 to 15.5 mils per SSPC-PA 2 dry film
inspection standards, with exception as noted in this specification.
For cold weather applications,Series 44-700 Accelerator may be added to Series 91-
H20.
2.05 TANK EXTERIOR COATING SYSTEM: Pre-Design Testing of the existing coatings has
revealed heavy metals contamination which may result in hazardous disposal quantities
beyond the EPA Minimum Contamination Level. The Contractor is cautioned to provide
09900-6
coating removal,contaimnent and treatment/disposal as may be required in accordance with
Technical Specification Item 09090, Removal and Disposal of Heavy Metals in Paint, and
applicable standards. Cleaning and painting operations for the exterior of the tank may be
performed within a protective enclosure or by another approved method to prevent the drift
of cleaning material and paint particles into the atmosphere and to adjacent property. In any
event, the Contractor is held responsible for damages caused to adjacent property and for
conformance to State and Federal requirements.
A. Surface Preparation Prior to Abrasive Blast Cleaning:
Weld flux and spatter, if any, shall be removed by power tool cleaning. Sharp
projections shall be ground to a smooth contour. All welds shall be ground to a
smooth contour as per NACE Standard SP0178 and herein.
B. Surface Preparation:
Commercial Blast Cleaning (SSPC-SP6 NACE No.3): Prime bare metal
surfaces with zinc-rich,two component urethane primer applied at 2.5 to 3.5 dry
mils.
C. Coating Systems, Alternate A:
AWWA D102-11, Outside Coating System No. 6. IF COATINGS
ARE BRUSH OR ROLLER APPLIED. TWO FINISH/
COLOR COATS SHALL BE REQUIRED.
Prime Coat (over bare metal):Tnemec Series 91-H20, Hydro-Zinc (zinc-
rich aromatic urethane) applied at 2.0 to 3.0
dry mils. Thin with Tnemec 41-3 thinner to
5% for rolled application. Caution: this
material has a maximum surface
temperature of 100 degrees F.
Intermediate Coat: Tnemec Series N69, High-Build Epoxoline II
applied at 2.0 to 3.0 dry mils.
Color Coat: Tnemec Series 1075-Color Endura-Shield 11(aliphatic
acrylic polyurethane) applied at 2.0 to 3.0 dry mils.
Thin only with approved thinner, Tnemec 41-42
Thinner for spray;Tnemec 41-39 Thinner for brush or
roller.
Finish Coat: Tnemec Series 76, Endura Clear (aliphatic acrylic
09900-7
polyurethane)applied at 1.0 to 2.0 dry mils. Thin with
Tnemec 41-39 thinner to 5% for rolled application.
Total dry film thickness (DFT) shall be 7.0 to 11.0 mils per SSPC-PA 2 dry
film inspection standards, with exception as noted in this specification.
For cold weather applications, Series 44-710 Urethane Accelerator may be
added to Series 1074 at the rate specified by the manufacturer.
D. Coating Systems, Alternate B:
AWWA D102-11, Outside Coating System No. 4. IF COATINGS
ARE BRUSH OR ROLLER APPLIED. TWO FINISH/
COLOR COATS SHALL BE REQUIRED.
Prime Coat(over bare metal):Tnemec Series 91-1-120, Hydro-Zinc (zinc-
rich aromatic urethane) applied at 2.0 to 3.0
dry mils. Thin with Tnemec 41-3 thinner to
5% for rolled application. Caution: this
material has a maximum surface
temperature of 100 degrees F.
Intermediate Coat: Tnemec Series 1075-Color Endura-Shield II(aliphatic
acrylic polyurethane) applied at 2.5 to 3.5 dry mils.
Thin only with approved thinner, Tnemec 41-42
Thinner for spray;Tnemec 41-39 Thinner for brush or
roller.
Finish Coat: Tnemec Series 700, HydroFlon (advanced thermoset
fluoropolymer polyurethane) applied at 2.0 to 2.5 dry mils.
Total dry film thickness (DFT) shall be 6.5 to 9.0 mils per SSPC-PA 2 dry
film inspection standards, with exception as noted in this specification.
PART 3—EXECUTION
09900-8
3.01 GENERAL
A. All surface preparation, coating and painting shall conform to applicable standards of
the Steel Structures Painting Council,NACE International and the manufacturer's
printed instructions. Materials applied to the surface prior to proper preparation in the
opinion and with the approval of the Engineer shall be removed and re-applied to the
satisfaction of the Engineer at the expense of the contractor.
B. All work shall be performed by skilled craftsmen qualified to perform the required
work in a manner comparable with.the best standards of practice.
C. The Contractor shall provide an English-speaking supervisor at the work site during
cleaning and application operations. The supervisor shall have the authority to sign
and change orders, coordinate work and snake decisions pertaining to the fulfillment
of the contract.
D. Dust, dirt, oil, grease or any foreign matter that will affect the adhesion or durability
of the coating or paint must be removed by washing with clean rags dipped in an
approved cleaning solvent and wiped dry with clean rags.
E. Coating and painting systems include surface preparation,prime coating and finish
coatings. Unless otherwise approved in writing by the Engineer, prime coating shall
be field applied. Where prime coatings are shop applied, the Contractor shall instruct
suppliers to provide the prime coat compatible with the specified finish coat. Any
shop-primed coating which does not conform to this specification shall be completely
removed. Any coating applied off-site which is subjected to damage during
transportation, construction or installation shall be thoroughly cleaned and touched-up
in the field as directed by the Engineer. The Contractor shall use repair procedures
which insure the complete protection of all adjacent primer. The specified repair
method and equipment may include wire brushing, hand or power tool cleaning, or
dry air blast cleaning. In order to prevent injury to surrounding painted surfaces, blast
cleaning may require use of lower air pressure, smaller nozzle and/or abrasive blast
particles, or shorter blast nozzle distances from surface shielding and masking. If
damage is too extensive or uneconomical to touch-up, the entire item shall be blasted
and then coated or painted as directed by the Engineer.
F. The Contractor's coating and painting equipment shall be designed for application of
the materials specified and shall be maintained in first-class working condition.
Compressors shall have suitable traps and filters to remove water and oils from the
air. Contractor's equipment shall be subject to approval of the Engineer.
G. Application of the first coat shall follow immediately after surface preparation and
cleaning and stripe coat, if applicable, before rust bloom occurs or the same day,
09900-9
whichever is less. Any cleaned areas not receiving a first coat within this period shall
be re-cleaned prior to application of the first coat. The use of dehumidifying
equipment to prolong this period shall be first approved by the Engineer and coatings
manufacturer prior to deviating from this provision.
H. Prior to assembly, all surfaces made inaccessible after assembly shall be prepared as
specified herein and shall receive the coating or paint system specified.
3.02 SURFACE PREPARATION
A. The latest revision of the following surface preparation specifications of the Steel
Structures Painting Council (SSPC) shall form a part of this specification. The
summaries listed below are for informational purposes; consult the actual SSPC
specification for full detail.
1. Solvent Cleaning(SSPC-SP1): Removal of oil, grease, soil and other
contaminants by use of solvents, emulsions, cleaning components, steam
cleaning or similar materials and methods which involve a solvent or
cleaning action.
2. Hand Tool Cleaning(SSPC-SP2): Removal of loose rust,loose mil scale and
other detrimental foreign matter to a degree specified by hand chipping,
scraping, sanding and wire brushing.
3. Power Tool Cleaning (SSPC-SP3): Removal of loose rust, loose mil scale
and other detrimental foreign matter by power wire brushing,power impact
tools or power sanders.
4. White Metal Blast Cleaning(SSPC-SP5/NACE No. 1): Air blast cleaning to
a gray-white uniform metallic color until each element of surface area is free
of all visible residues.
5. Commercial Blast Cleaning_(SSPC-SP6 NACE No. 3): Air blast cleaning
until at least two-thirds of each element of surface area is free of all visible
residues.
6. Brush-Off Blast Cleaning(SSPC-SP7 NACE No. 4): Air blast cleaning to
remove loose rust, loose mil scale and other detrimental foreign matter to a
degree specified.
7. Near-White Metal Blast Cleaning (SSPC-SP10 NACE No.2): Air blast
cleaning until at least 95% of each element of surface area is free of all
visible residues.
09900-10
8. Power Tool Cleaning to Bare Metal(SSPC-SP11):Differs from SSPC-SP3 in
that it requires more thorough cleaning and a surface profile not less than 1
mil.
9. Surface Preparation by Water Jetting_(SSPC-SP12 NACE No. 2): High and
Ultra-High Pressure Water Jetting to achieve various degrees of surface
cleanliness prior to recoating.
B. Slag,weld metal accumulation and spatters not removed by the Fabricator,Erector or
Installer shall be removed by chipping and/or grinding. All sharp edges shall be ball-
peened, ground or otherwise blunted as required by the Engineer. All grinding and
finishing of welds, edges, etc. shall be performed prior to solvent cleaning and/or
abrasive blasting. Welds shall be prepared as per NACE Standard SP0178 for all
interior and exterior surfaces:
1. Butt Welds: Shall be ground smooth and free of all defects, designation"D".
2. Lap Welds: Shall be ground smooth and blended, designation "D".
3. Fillet Welded Tee Joint: Shall be ground smooth and blended,designation"D".
C. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed.
Blast nozzles shall be Venturi-type nozzles with a minimum pressure at the nozzle of
90 psi.
D. Particle size of abrasives used in blast cleaning shall be that which will produce a 1.5
- 2.5 mil (37.5 microns - 65.0 microns) surface profile or in accordance with
recommendations of the manufacturer of the specified coating or paint system to be
applied.
If the profile of the blasted steel exceeds the profile specified above, the Contractor
shall be required to do one or both of the following:
1. Re-blast the surface using a finer aggregate in order to produce the required
profile.
2. Apply a thicker prime coat,if possible given the limitations of the products being
applied, in order to adequately cover the blast profile.
E. Abrasive used in blast cleaning operations shall be new,washed,graded and free of
contaminants that would interfere with adhesion of coating or paint and shall not be
reused unless specifically approved in writing by the Engineer.
09900-11
F. During blast cleaning operations, caution shall be exercised to insure that existing
coatings or paint not scheduled for removal are not exposed to abrasion from blast
cleaning.
G. The Contractor shall keep the area of his work and the surrounding environment in a
clean condition. He shall not permit blasting materials to accumulate as to constitute
a nuisance or hazard to the accomplishment of the work,the operation of the existing
facilities or to the surrounding environment.
H. Blast cleaned surfaces shall be cleaned prior to application of specified coatings or
paint. All surfaces shall be free of dust, dirt, and other residue resulting from the
abrasive blasting operation. No coatings or paint shall be applied over damp or moist
surfaces.
I. All welds shall be neutralized with a suitable chemical compatible with the specified
coating or paint.
J. Pitted areas on the tank interior shall be repaired by either filling with seam sealer,
Tnemec Series 63-1500 Epoxy Filler and Surfacer or by welding. Sealer and epoxy
filler shall be feathered smooth. No protrusions or spatter will be allowed. Pits shall
be repaired per Technical Specification Item 13250.
K. Specific Surface Preparation: Surface preparation for the specific system shall be as
noted in Sections 2.04 and 2.05.
3.03 APPLICATION, GENERAL
A. Coating and paint application shall conform to the requirements of the Steel Structure
Painting Council Paint Application Specification SSPC-PAI,latest revision,for"Shop,
Field and Maintenance Painting".
B. Thinning shall be pennitted only as recommended by the manufacturer and approved by
the Engineer, and utilizing the thinners stated in Sections 2.04 and 2.05.
C. Each application of coating or paint shall be applied evenly, free of brush marks, sags,
runs, with no evidence of poor workmanship. Care shall be exercised to avoid lapping
on glass or hardware. Coatings and paints shall be sharply cut to lines. Finished surfaces
shall be free from defects or blemishes.
D. Protective coverings or drop cloths shall be used to protect floors, fixtures, equipment
and the environment. Care shall be exercised to prevent coatings and paints from being
spattered onto surfaces which are not to be coated or painted. Report to Engineer
09900-12
surfaces from which materials cannot be satisfactorily removed.
E. When two coats of coating or paint are specified or required, where possible, the first
coat shall contain sufficient approved color additive to act as an indication of coverage or
the two coats must be of contrasting color.
F. Film thickness per coat as specified in Sections 2.04 and 2.05 are the minimum required.
If roller application is deemed necessary,the Contractor shall apply additional coats as to
achieve the specified thickness.
G. All material shall be as specified.
3.04 COATING SYSTEMS APPLICATION
A. After completion of surface preparation as specified for the specific system, materials
shall be applied as noted in Sections 2.04 and 2.05.
B. Care shall be taken so as to eliminate overspray and dry spray prior to the application of
the succeeding coat.
3.05 DISINFECTION
A. Disinfection of interior surfaces shall be performed in the presence of the Engineer in
accordance with all the requirements of applicable AWWA Standards and regulatory
agencies.
B. Disinfection shall be performed after protective coatings have been applied to the interior
surfaces and allowed to thoroughly cure.
C. Prior to disinfecting, the complete interior shall be washed down with clean water and
thoroughly flushed out.
D. All interior surfaces shall be thoroughly washed with a solution having a minimum
chlorine content of 50 PPM. Chlorine solution accumulated on the bottom shall be
drained to waste. Rinsing with clean water is not required.
3.06 SOLVENT VAPOR REMOVAL
A. All solvent vapors shall be completely removed by suction-type exhaust fans and blowers
before placing tank in operating service.
B. All solvent vapors will be exhausted both during and after coating application at a
minimum rate of one air change every four hours to allow the proper curing of the
09900-13
coating material. High rates of production may require an increase in ventilation.
C. Ventilation shall be continued until such time as the coating has reached"full cure" as
specified by the coating manufacturer.
3.07 CLEAN UP: Upon completion of the work and scheduled inspections, all staging,
scaffolding and containers shall be removed from the site or destroyed in a manner approved
by the Engineer. Coating or paint spots or oil stains upon adjacent surfaces shall be removed
and the job site cleaned. All damage to surfaces resulting from the work of this section shall
be cleaned,repaired or refinished to the satisfaction of the Engineer at no cost to the Owner.
3.08 SUBMITTALS: Product submittals shall be made in accordance with the requirements of
the General Provisions and Special Provisions (SP-27) of these documents.
END OF ITEM
09900-14
TECHNICAL SPECIFICATION ITEM 13250:
REPAIR OF STEEL WATER STORAGE TANKS AND APPURTENANCES
PART 1 - GENERAL
1.01 DESCRIPTION
The work to be performed under this section consists of repairing and replacing steel plates, shapes
and appurtenances as required by the condition of the existing structures. Only relatively minor
structural repairs are anticipated. This item shall include furnishing and installation of various safety
equipment, screens and vents, hatches, hinges, ladders and other miscellaneous equipment.
1.02 WELDERS
Welders shall be certified by the American Welding Society for structural welding.
1.03 MEASUREMENT AND PAYMENT
Payment for repair or replacement of miscellaneous screens, vents, ladders, hatches, hinges, roof
joists, and level indicators shall be made on the basis of the unit price bid per each of the
appurtenant items. All other repairs of the tank structure and appurtenances, where not
specifically defined by these documents, shall be paid for at an hourly rate which shall be full
compensation for a certified welder, a qualified assistant,the required equipment, supplies, and
miscellaneous materials required to accomplish the complete task.
PART 2 - PRODUCTS
A. Repair material (rolled shapes, bars, and plates) shall be ASTM A36 carbon steel.
B. Epoxy seam sealer shall be certified by NSF for use in potable water systems and
shall be Tnemec Series 62-1400 Seam Sealer, Tnemec Series 63-1500 Epoxy Filler
or Valspar 46-X-33PR Epoxy Novolac Seam Sealer or an approved equivalent.
PART 3- EXECUTION
3.01 INSPECTION
A. Material shall match the existing size and quality.
13250-1
B. Material shall be new and undamaged.
C. Fabrications shall be made of the specified material of the proper size and thickness.
D. Welds shall have no slag or spatters.
E. All corners and edges shall be smooth without burrs.
3.02 PREPARATION
A. Corrosion damage must be blast-cleaned enough to determine the extent of damage.
The extent of sandblasting required to assess damage shall be determined by the
Engineer.
B. All fabricated items and repair members shall have the shop primers blasted off
before painting.
3.03 INSTALLATION
A. Plates: The Contractor shall repair damaged or pitted plates in the following manner:
1. Pits 1/1 6-inch to no more than 1/2 of the plate thickness at its deepest point
and no greater than 1/2-inch in diameter at the bottom of the pit shall be
cleaned and filled with sealer.
2. Pits deeper than 1/2 of the plate thickness at its deepest point,but not deeper
than 3/4 of the plate thickness and no greater than 1/2-inch in diameter at the
bottom of the pit shall be cleaned and weld-filled.
3. Pits that are deeper than 3/4 of the plate thickness and/or has a bottom
diameter greater than 1/2-inch shall be cleaned, epoxy-filled and patched.
B. Rolled Shapes and Bars: Structural rolled shapes and bars shall be repaired or
replaced according to the following criteria:
1. Any linear segment of a rolled shape that has a minimum of 15%of the cross-
sectional area missing after blasting. The removed segment must be removed
at a point of solid cross-section.
a. The replacement of segment must be of equal or greater cross-section
than that removed.
b. Replacement segment shall be lap-welded.
13250-2
C. Laps shall be great enough to allow the weld to develop the strength
equal to that of the repaired member.
d. Strengths of members shall be calculated and submitted for
Engineer's review prior to installation. Calculations shall conform to
American Institute of Steel Construction(AISC) guidelines.
e. Any seam between the replacement segment and the original member
that is not sealed by welding shall be sealed with epoxy seam sealer.
2. If fifteen percent(15%)of the cross-sectional area is missing and extending a
minimum of twenty-five percent (25%) of the member's length, the entire
member shall be replaced.
a. The replacement member shall be equal to or greater in strength than
the original.
b. The replacement member shall be of the same rolled shape.
C. The replacement shall be attached in such a manner that the new
member will develop the same load carrying capacity as the original.
d. Strengths of members shall be calculated and submitted for
Engineer's review prior to installation. Calculations shall conform to
American Institute of Steel Construction (AISC) guidelines.
e. Seams not sealed by continuous seal welding shall be sealed with
epoxy seam sealer.
C. Painting: Replacement and repair members shall be sand blasted,primed,and coated
on-site with the same material as the tank.
D. Epoxy Filler: Food grade epoxy filler/sealer shall be used as a filler between patch
plates to fill pits and at existing joints.
E. Welds:
1. Welds shall be fillet welds.
2. Welds shall be cleansed of all slag and spatters shall be removed.
3. The quality of the welding and clean up shall be to the satisfaction of the
Engineer.
13250-3
4. Any welds the Engineer so deems,shall be X-rayed by the Owner. Any weld
that proves defective,per AW WA D 100-84,chapter 11,shall be repaired and
X-rayed by the Contractor.
3.04 SCHEDULES
A. All welding and repair work shall be completed before painting begins.
B. Any welding and repair required after painting has been done will require a complete
restoration of the repaired area and the clean up of all soot,spatters,and burned paint.
C. All welding and repair will be coordinated with the Engineer.
3.05 SUBMITTALS
Manufactured and/or fabricated products submittals shall be made in accordance with the
requirements of the General Provisions and Special Provisions (SP-27) of these documents.
END OF ITEM
13250-4
SECTION V
DRAWINGS
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Fort Worth,Texas 76137 NeAtn Tank Repaint Rehabilitation
817.336.5773 ph w—tri i—co 6.2817 fx date WEST PUMP STATION o
www.tnpinctom of
TBPE:F-230;TBPLS:10011600,10011601,10194381 NOV 20f 8 685,000 GALLON GROUND STORAGE 2
EXIST LADDER GUARD p
TO BE MODIFIED TO BE
A 2 PIECE THAT SWINGS
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SIDE
INFLUENT EFFLUENT
ACCESS LADDER
4, W/LADDER GUARD
NON SLIP� °
SURFACE 36 ROOF HATCH
(SAND) W/INTERIOR LADDER
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36" ROOF HATCH
4' (TYP) SPLASH DRAIN BOX
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scale Town of Westlake Texas tnp l
League Hall and perkins, inc h,,;= � WSLIB2518253
5237 N.Riverside Drive,Suite 100 11.=20' Improvements for sheet
Fort Worth,Texas 76137 vert Tank Repaint Rehabilitation
N/A 2817.336.5773 ph www.tnpinc.com
WEST PUMP STATION of www.tnpinacom dote
of
TBPE:F-230;TBPLS:10011600,10011601,10194381 Nov 2018 685,000 GALLON GROUND STORAGE 2
SECTION VI
TEST REPORT AND RESULTS
Not including report photos. Photographs may be viewed by written
request to the Engineer: Mr. Greg Saunders, P.E.,
Teague Nall and Perkins
5237 N Riverside Drive, Suite 100
Fort Worth, TX 76137
gsaunders@tnpinc.com
STEEL INSPECTORS OF TEXAS, INC.
P.O. Box 150987 • Fort Worth,TX 76108 • 817-246-8096 • Fax 817-246-5889
REPORT OF
GENERAL CONDITIONINSPECTION
Project: Westlake Ground Storage Tank Report No: 74442-8
(685,000 Gallon Tank) Attention: Greg
Client: TNP Date of Service: 9/26/2018
5237 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137 Page 1 of 5
REPORT OF INSPECTION
Drawings utilized: N/A
Locations/item inspected: Interior and Exterior Tank Coating
Discrepancies/comments:
A general condition inspection performed at this tank with results as follows:
A.)Tank Exterior
1.) Generally coating is in fairly good condition. There are some areas where coating is peeling up. This
appears to be where zinc primer was applied over the epoxy primer. This condition is mainly on shell
wall but smaller areas of this on roof welds also.
2.)Dry film thickness readings of total system on exterior coating range from 4 mils (at epoxy primer) to
21.4 mils with 15.27 mil average.
3.)The roof has anti-skid coating(sand thrown into wet paint) all around the outside along the handrails, at
a path to center vent and around the center vent.
4.) Some areas of slight ponding at outer roof between the welds(in middle of sheets right before the
knuckle).
5.) Tank has one roof vent(approximately 20" diameter) and is in good condition on exterior surfaces.
6.)There are two roof manways both 36"x36". One over interior ladder and one over overflow weir
box. Both in good condition.
7.)Ultrasonic wall thickness readings (includes paint thickness) on roof are:
a.)Next to weld: .195", .191", .192" (at plates where coating is only epoxy primer).
b.) Other areas with full paint system: .220", .218" and .224".
8.) Shell coating has areas peeling up especially south and west side. Also black dirt settles on welds and
around pipes. Visible areas where top coat is streaked, can see different color through top coat.
9.)Adhesion Tests on Exterior Coating has Values of
a.) Shell: 400 psi at 12 mil coating thickness. Failure was 40%top coat cohesion, 60% glue.
b.) Shell: 650 psi at 13-1/2 mil coating. Failure was 100%adhesion of zinc to epoxy primer.
c.)Roof: 400 psi at 19 mil coating. Failure was 100% glue.
10.) Shell manway is 30" diameter. Shell clean out manway is 36".
11.)Coating chip samples taken at several locations on shell and roof. Results are attached on page from
Southern Spectrographic Lab.
Steel inspectors of Texas,Inc.
Project: Westlake Ground Storage Tank Report No: 74442-8
Client: TNP Page 2 of 5
Discrepancies/comments:
B.)Tank Interior
1.) Interior coating system is breaking down. There is coating peeling off in ceiling,rust starting at
ceiling weld seams, beam flanges, columns, edges of manways, rafters at attachment to
knuckle and floor. Pitting corrosion found at floor rust nodules. One rust nodule cleaned off
and had pit depth of.120". Ultrasonic thickness around this pit was .234". Other ultrasonic
thickness readings (includes paint) are .254", .271", .222" and .281".
2.)Interior ladder was galvanized but has also been coated. There are several ladder rungs that
have started to corrode and have metal loss. Also the standoffs that attach the ladder to
shell wall in vapor zone have metal loss.
3.) Attempted to do adhesion tests on interior coating but glue did not cure very well. One test
on shell was 350 psi at 22.2 mils with failure at 30%top coat cohesion and 70% glue.
4.) Floor coating has numerous bubbles in the coating. When these are mashed water comes
out. The bubbles that had popped previously have rust nodules growing on them. This is
where the pitting has started.
5.) Dry film thickness readings on interior coating ranged from 9.4 mils on column to 22.7 mils
on bottom shell ring with average of 14.12 mils.
Cindy Holmes,NACE#6296
Technician Steel Inspectors of Texas, Inc.
This report is for the exclusive use of our client and shall not be modified or reproduced without written approval from said client
3
Texas, lnc. -
B5
Created: 2018-09-26 13:16:37
PosiTector Body SIN: 818153
Probe Type: PosiTector 6000 FN
Probe SIN: 324792
CAL: Call
B5 Summary
# x a 1 T
Thickness(mils) 20 14.12 4.50 9.4 22.7
B5 Readings
# Thickness
(mils)
1 22.5
2 22.1
3 22.7
4 11.0
5 10.1
6 16.1
7 19.3
8 9.4
9 9.4 w
10 16.6 5
11 15.3
12 14.3
13 14.5
14 11.9
15 10.5
16 10.5
17 14.0
18 9.8
19 10.5
20 11.9
-1-
-I4y4Z_
?all
Steel Insnectors exas,hic.
B6
Created: 2018-09-26 13:34:59
PosiTector Body S/N: 818153
Probe Type: PosiTector 6000 FN
Probe S/N: 324792
CAL: Call
B6 Summary
# x 6
Thickness(mils) 29 15.27 4.68 4.0 21.4
B6 Readings
# Thickness
(mils)
1 20.6
2 20.6
3 14.5 7-()T-P -
4 20.5
5 21.2
6 21.4 X'T �
7 19.1
8 12.6
9 12.7
10 15.0
11 14.3
12 13.8
13 13.9
14 16.6
15 16.3
16 16.4
17 4.0
18 5.0
19 17.8
20 20.4
21 16.0
22 4.0
23 17.2
24 16.7
25 15.2
26 15.1
27 17.1
28 12.5
29 12.4
-1-
SOUTHERN
SPECTROGRAPHIC 712 N WATSON ROAD,SUITE 9204
LABORATORY, INC. ARLINGTON,TEXAS 76011
PHONE:682-323-4180
FAX:682-323-0793
LABORATORY TEST CERTIFICATE EMAIL:salos@sslabtx.com
September 28, 2018
Steel Inspectors of Texas, Inc.
Attn: Cindy Holmes
P.O. Box 150987
Fart Worth,Texas 76108
Report#-. 0911-26-969
Fax. 817-246-5889
Sample: Westlake GST
(Labeled as Received)
Totals:
Arsenic <3 ppm
Barium 1,450 ppm
Cadmium < 1.0 ppm
Chromium < 2.0 ppm
Lead <3 ppm
Mercury < 1.0 ppm
Selenium <3 ppm
Silver < 1,0ppm
SOUTHERN SPECTROGRAPHIC LABORATORY
Sing Ho
Technical Manager
Samples are discarded 30 days after reports are moiled unless prior arrangements are made. Our letters and reports apply to the sample
tested andlor inspected and are not necessarily Indicative of the qualities of apparently identical or similar products.
Test Certificates Shall not be reproduces,except in full,without written consent of Southern Spectrographic Laboratory,Inc.
Ver.03/16
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-453199
N.G. Painting, LP
Kerrville, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/15/2019
being filed.
Town of Westlake Date Acknowledged:
02/15/2019
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
18253
West Pump Station 685,000 Gallon Ground Tank Repaint
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.28ab6150
i
CERTIFICATE OF INTERESTED PARTIES FORM 1295
Intl
Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 21 31 51 and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2019-453199
N.G. Painting, LP
Kerrville, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/15/2019
being filed.
Town of Westlake Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
18253
West Pump Station 685,000 Gallon Ground Tank Repaint
Nature of interest
4
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling Intermediary
I
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION // 1
Mynameis A14, k (7ra 1t% /% w , kt,S and my date of birth is /
My address is &Nr�r Sly / I eZ / cp ry f llle , 7_X _.. 7�0� , �.
(street) J (dry) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct. /
Executed in K f jrC County, State of on the !cl day of Pz , 20 .
(month) (year)
Signature au rized agent of ontracting she tity
(oedarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.28ab6150
I
Form TCG 2270
VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2279
By signing below, Company herby verifies the following:
1 . Company does not boycott Israel; and
2 . Company will not boycott Israel during the term of the contract.
SIGNED BY:
Print Name of Person: GL
Signing , Title, and
Company pre, s ' ir) t ' AL6 2G �h777>a , l/�
Date signed :
STATE OF TEXAS §
COUNTY OF etwy-r_ § Nr
BEFORE IAE, the undersigned Notary Public on this day personally appeared h'k (Name) , on
behalf of 4tpft (Company) who being duly sworn, stated under oath that he/she has read the
foregoing verification required/by Texas Government Code Section 2270.002 and said statements contained therein
are true and correct. .
SWORNOMBSCRII D TO before me, this 1 l day of , 20�
My Notary [DO 1IM 0319
D# es March l, 2lY13
NOTARY OF PUBLIC,
FOR THE STATE OF TEXAS
My Commission Expires:
Government Code § 2270. 002. Provision Required in Contract
Effective: September 1 , 2017
A governmental entity may not enter into a contract with a company for goods or services unless the
contract contains a written verification from the company that it:
( 1 ) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract.
The following definitions apply :
( 1 ) `Boycott Israel' means refusing to deal with , terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on , or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business purposes.
(2) "Company" means a for-profit sole proprietorship, organization , association, corporation ,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability company,
including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those
entities or business associations that exists to make a profit.
(3) "Governmental entity" means a state agency or political subdivision of this state.
State law requires verification from a Company for contracts involving goods or services
(regardless of the amount) before the City can enter into the contract.
i
Contract identifier:
Department:
I