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Res 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 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 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 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 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 09900-8 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. 09900-9 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. 09900-10 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. 1 of 4 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. 2 of 5 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 3 of 4 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. 4 of 5 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. 5 of 5 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 ---------------------------------------------------------------- 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 ---------------------------------------------------------------- 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 01 tnp x------- x ,Cr ❑ 685,000 GALLON PUMP STATION GROUND STORAGE AND CONTROL Z TANK BUILDING o 0 4 O CONCRF7F' 2' v � �� AUX Z n GEN U � U c d - 111 BACKELOW 'METER RE uNTON CONCRETE DRIVE o sTAnoN N LT O X X-X-x x- x Y L F- 4 J z 00 i 0 N J w I- U L 685, 000 GALL ON GROUND O J G`~ � o S TORA GE TA NK O T DJ tnP projed teague nall and Perkins, inc scale r Town of Westlake,Texas WSL18253 5237 N.Riverside Drive,Suite 100 1 =50r Improvements for Ve„ A"h. sheet 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 HORIZONTALLY ON EACH SIDE INFLUENT EFFLUENT ACCESS LADDER 4, W/LADDER GUARD NON SLIP� ° SURFACE 36 ROOF HATCH (SAND) W/INTERIOR LADDER / 2' 36" ROOF HATCH 4' (TYP) SPLASH DRAIN BOX AUX GEN CONCRETE FLUME 1 E CONCRETE DRIVE 3 C a X m 685, 000 GALLON GROUND U X O S TORA GE TA NK o� 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