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HomeMy WebLinkAboutContract 26143 t� fl6S CO�f FOt OONItI cm CITY SECRETARY coM. ucionso►cm CONTRACT NO. 3 im►�C�u�w MANAGER'S O"XE PROJECT MAXtjA=,$w' ROOF REPLACEMENT r TWO BLDGS / PKG V02A CITY OF FORT WORTH r TWO LOCATIONS C FORT WORTH, TEXAS VAUGHN ARCHITECTS PLUS 3550 Hulen * Fort Worth, Texas 76107 * 817/732-5651 City of Fort Worth, Texas "Anon And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/1/00 **C-18165 20ROOFS 1 of 2 SUBJECT AWARD CONSTRUCTION CONTRACT TO AA APPLICATORS, INC. FOR ROOF REPLACEMENT PACKAGE V02A, ROOF REPLACEMENT FOR TWO BUILDINGS AT TWO LOCATIONS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with AA Applicators, Inc. for Roof Replacement Package V02A for replacing the roofs on the Trinity Shelter in Trinity Park and the Rock Springs Center at the Botanic Gardens in the amount of$64,750.00 and for a duration of 75 calendar days. DISCUSSION: The roofs of these buildings were damaged in the May 5, 1995, hailstorm. Project plans and bid documents were prepared by Vaughn Architects, Plus. The project was advertised for bid on May 25 and June 1, 2000. On June 22, 2000, the following bids were received: BIDDERS BID CALENDAR DAYS AA Applicators, Inc. $64,750.00 75 Bazan Roofing $65,443.11 90 Steel-Lite $89,964.00 90 AA Applicators, Inc. bid $12,500.00 for the Trinity Shelter and $20,100.00 for replacing the asphalt shingles at the Rock Springs Center for a total of $32,600.00 for repairs approved by the insurance adjuster. The remaining cost of $32,150.00 was bid for replacing the modified bitumen roofing on the Rock Springs Center. The cost for replacing the modified bitumen will be paid for out of the Building Services Maintenance budget. F A waiver of the M/WBE requirement was requested by the department and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. MThe Botanic Gardens are located in COUNCIL DISTRICT 7. Trinity Park is located in COUNCIL DISTRICT 9. City of Fort Worth, Texas qvayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/1/00 **C-18165 20ROOFS 2 of 2 SUBJECT AWARD CONSTRUCTION CONTRACT TO AA APPLICATORS, INC. FOR ROOF REPLACEMENT PACKAGE V02A, ROOF REPLACEMENT FOR TWO BUILDINGS AT TWO LOCATIONS FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budgets, as appropriated, of the Insurance Fund and the General Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: Hugo Malanga 7801 (from) AUG 1 2000 FE71 534260 0157150 $32,600.00 Additional Information Contact: GG01 536010 0205002 $32,150.00 ./ Clip Secretary of the City of Fort Worth,Texas Hugo Malanga 7801 r i r PROJECT MANUAL 1 .1 I ROOF REPLACEMENT TWO BLDGS / PKG V02A � CITY OF FORT WORTH � TWO LOCATIONS FORT WORTH, TEXAS R r r r V UGHN ARC TE HI CTS PLUS�� A 3550 Hulen ' Fort Worth, Texas 76107 817/732-5651 PROJECT MANUAL For ROOF REPLACEMENT TWO BUILDINGS / PKG V02A CITY OF FORT WORTH Two Locations Fort Worth, Texas KENNETH BARR - MAYOR BOB TERRELL - CITY MANAGER Project Manager: TRANSPORTATION AND PUBLIC WORKS 1000 Throckmorton Ft. Worth, Texas 76102 Recommend Approval: Mik a .E., Chief, Architectural Services Section Approval: "e14perintendent of Building Services Division EXPIRES 7-31-00 Consulting Architect: ED VAUGHN ARCHITECTS PLUS 3550 Hulen Suite E : Ft. Worth, Texas 76107 a (817) 732-5651 q % 3751 (817) 732-0562 Fax TF OOF• Job. Number 96040 Date: May 2000 TABLE OF CONTENTS BIDDING REQUIREMENTS Notice to Bidders-------- __ NTB_1 Instructions to Bidders-------------------------------------------ITB-1 thru ITB-3 Proposal------------------------------ --- --------- -P-1 thru P-2 CONTRACT REQUIREMENTS General Conditions----------_—-----________ ___—___ GC-1 thru GC-24 Weather Table---------------------------------------------- --WT-1 Wage Rates----------------------- - --- -------WR-I Texas Certificate of Exemption----------------------------------Form (1page) Project Designation Sign----------- ------- -------- ---Form (1page) Construction Contract-----------—-------__------_—__---___—__--C-I thru C-2 Performance Bond----------------- -- ---Form (2 pages) Payment Bond------ _ ________________Form (2 pages) Certificate of Insurance-------------- - -Form (1 page) Compliance with Workers' Compensation-----------------------Form (I page) DIVISION 1 - NONE IN THIS PROJECT DIVISION 2 - SITEWORK 02072 - Minor Demolition and Renovation Work----------------1 thru 4 DIVISION 3 THRU 6 - NONE IN THIS PROJECT DMSION 7 - THERMAL AND MOISTURE PROTECTION 07310 - Asphalt Shingles-----------------------------------------I thru 4 07525 - Modified Bitumen Sheet Roofing------------__M—___I thru 6 07600 - Sheet Metal Work ------------------------------------------1 thru 5 07951 - Caulking and Sealants------—------------------------------I thru 2 DIVISION 8 THRU 16 - NONE IN THIS PROJECT DRAWINGS - Refer to Index of Drawings---------------------------ID-1 EXPIRES 7-31-00 FD 9'• 3751 +P T£ OF �F' TC - 1 PKG V02A NOTICE TO BIDDERS Sealed bids for Roof Replacement,Two Buildings/Pkg V02A Two Locations, Fort Worth,will be received at the Purchasing Office,City of Fort Worth, 1000 Throckmorton,Fort Worth, 76102, until 1:30 P.M.,Thursday,June 22,2000,and will be opened and publicly read aloud approbmately thirty minutes later in the Council Chambers. A Mandatory Pre-Bid Conference will be held at 10:30 AM,Tuesday,June 6, 2000, in Conference Room of Building Services Division,City of Fort Worth,3409 Harley Avenue. Project consists of replacing approbmately46 squares of roofing with modified bitumen APP roof system (NDL,Total System,20 year Warranty) equal to U.S.Intec,and approbmately 74 squares of asphalt shingle roofing system. Locations are the Trinity Shelter at Trinity Park and the Rock Springs Center at the Botanic Gardens. Contractors required to provide written proof of Manufacturer's approved applicators status for required warranty. Submit certification within 5 days of bid. Contractors will be required to post Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation coverage. Project Manual for this project will be available at the Department of Engineering Plans Desk, City Hall,in return for a $50 deposit. For additional information contact Don Strickland,Vaughn Architects Plus, (817)732-5651. Advertisement: May 25,2000 June 1,2000 NTB- 1 INSTRUCTIONS TO BIDDERS 1. FROPOSAL REQUIREMENTS: The following requirements are considered in judging the responsiveness of a Proposal: • Use the Proposal Form provided in the Project Manual. • Entries on the Proposal Form may be handwritten or typed • Write in contract duration if not specked • Acknowledge all addenda on the Proposal Form • Have a Principal sign the Proposal • Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard bid bond. Personal checks are not acceptable. Note Project Name on the check or bid bond 2. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE)WAIVED 3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of five(5)per cent of the bid submitted. The Bid Security must accompany the bid and is subject to forfeit fin the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fails to award the contract within 49 calendar days of receipt of bids, unless the Bidder agrees to an extension. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of$25,000,the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the City, (1)the name of the surety shall be included on the current U. S.Treasury List of Acceptable Sureties(Circular 870), or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City.Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the Contractor to that effect and the contractor shall immediately provide a new surety to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the City. If the contract is in excess of$25,000,a Payment Bond shall be executed,in the amount of the contract,solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans,specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. ITB- 1 i 5. PRE-BID SITE iivMESTIGATION:Prior to filing a bid,the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy himself as to the conditions which will be encountered relating to the character,quality,and quantity of the work to be performed and materials and equipment required. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements. 6. AMBIGUITY:In case of ambiguity or lack of dearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES:Not less than the prevailing wage rates set forth in Contract Documents, must be paid on this project. 8. POST BID-PREAWARD SUBMITTALS: Bidders are required to submit the following information to the Architectural Services Section, Building Services Division, 3409 Harley Avenue,817-871-8274,within five business days subsequent to bid opening (Normally Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: Contractors Qualification Statement(AIA Form A305) Proposed Subcontractors and Suppliers Product Data and Installer Certifications Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS:Acceptance of the bid in no way requires the City to accept the �. qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: I Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to their meaning,he shall notify the City at once. If required,the City will then prepare a written addendum that will be available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Bidders.The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a proposal. Oral instructions or decisions unless confirmed by addenda will not be considered valid,legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening 12. TAXES:Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMfTS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. �p ITB-2 14. CON-1RACT DURATION: Time is of the essence. City will evaluate the bids based upon construction cost and stated bid period of time for construction. Where the Bidder proposes time,the City will evaluate the Chys program needs in determining the acceptability of the proposed contract duration. The City reserves the right to award the contract upon those terms considered by the City to be in its best interests. 15. PLAN DEPOSIT:The City will deposit plan deposit checks to its account 60 days following receipt of bids. Plans must be returned by all except the apparent low bidder prior to that time. Contractors forfeit their plan deposit after that time. 16. ADJUSTMENT OF QUANTITIES:Where unit prices and estimated quantities are used to compute the contract amount, the Owner may increase the quantities by an amount that is 20% of the total cost for that section. Unit prices for adjustments to unit quantities in excess to 20% may be negotiated at the request of either party. 17. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive,not restrictive. Bids on brands of like nature and quality will be considered.Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the architect or contractor,the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute accepted',the City will accept no alternates to the specified equipment. 00000 ITB-3 PROPOSAL T0: MR. BOB TERRELL CITY MANAGER CITY OF FORT WORTH,TEXAS FOR: ROOF REPLACEMENT TWO BUILDINGS/PKG V02A TWO LOCATIONS, FORT WORTH Pursuant to the foregoing "Notice to Bidders,"the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications,and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council,the bidder is bound to execute a contract and, if the contract amount exceeds$25,000.00, furnish Performance and Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum,to wit: DESCRIPTION OF ITEMS BID SUMS WRITTEN IN WORDS Roof Replacement,Two Buildings/Pkg V02A Two Locations. SIXTY—FOUR THOUSAND SEVEN HUNDRED FIFTY AMID 00/100 DOLLARS DollarsA.S $ 64,750.00 'q w' The undersigned agrees to complete the Work within 75 (write in if blank)calendar days after the date of Notice to Proceed. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A musf be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. P - 1 A. LJ Non-resident vendors in (give state),our principal place of business, are required to be percent lower than resident bidders by state law. Ll Non-resident vendors in (give state), are not required to underbid resident bidders. B. X1 Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid,the successful bidder will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contact. The attached deposit check in the sum of 5% GAB Dollars($`----I is to become the property of the City of Fort Worth,Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE(M/WBE):Waived Respectfully submitted, AA APPLICATORS, INC. C rrlpan Nam ` By: 1 Signature KURT KINDIG — 4SIDENT Printed Name of Prihe4al Title Address: 2632 CHALK HILL ROAD Street I DALLAS, TEXAS 75212 City zip Phone: (23.4) 637-4927 Fax: (214) 637-5447 t� (Seal) Date: a �� Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No.3: Addendum No.2: Addendum No.4: P - 2 f I City of Fort Worth, Texas Transportation/Public Works Department Building Services Division/Architectural Services Section P GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SECTION A contractor in dividing the work among Subcontractors or DEFINITIONS,PROCEDURES AND INTERPRETATIONS Trades. A-1 CONTRACT DOCUMENTS. By the term Contract A-8 INTERPRETATIONS. The Architect will furnish Documents is meant all of the written and drawn documents such Interpretations of the Plans and Specifications as may setting forth or affecting the rights of the parties, including be necessary for the proper execution or progress of the but not necessarily limited to, the Contract, Notice to work. Such Interpretations shall be furnished at the instance o' Bidders, Proposal, General Conditions, Special Conditions, of the Architect or at the request of the Contractor,or Owner, !' Specifications, Plans, Bonds and all Addenda,Amendments and will be issued with reasonable promptness and at such signed by all parties, Change Orders,written Interpretations times and in accordance with such schedule as may be and any written Field Order for a minor change in the Work. agreed upon. Such Interpretations shall be consistent with I� the purposes and intent of the Plans and Specifications and A-2 ENTIRE AGREEMENT. The Contract Documents may be effected by Field Order. In the event of any dispute represent the entire agreement between the Parties,and no between any of the parties to the Contract and the Architect prior or contemporaneous, oral or written agreements, or each other involving the interpretation of the Contract instruments or negotiations shall be construed as altering the Documents,the evaluation of work or materials performed or terms and effects of the Contract Documents. After being furnished by the Architect Contractor, or any subcontractor executed, the Contract Documents can be changed only by or materialsman,or involving any question of fault or liability a written Amendment signed by the Contractor and the of any party, the decision of the Owner shall be final and Owner, or Change Order, or by a written Field Order for a binding. minor change. In the event of inconsistency in the contract documents, the A-3 WORK. By the term Work is meant all labor, following sequence for interpretation shall be used in order supervision, materials and equipment necessary to be used of precedence:Change Orders and/or Field Orders(by date or incorporated in order to produce the construction required of issuance); Addenda (by date of issuance); Drawings; by Contract Documents. Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General A-4 EXECUTION OF THE CONTRACT Conditions;General Conditions;and,Construction Contract. DOCUMENTS. The Contract Documents shall be executed in six originals, with all required attachments, including A-9 COPIES OF WORKING DRAWINGS AND required bonds and insurance certificates,by the Contractor SPECIFICATIONS. The Architect will furnish to Contractor and the Owner in such form as may be prescribed by law free of charge 15 sets of working Drawings and 15 sets of and returned to the Owner within ten business days of Specifications. Contractor shall pay the cost of reproduction notification to Contractor. Failure to execute contracts and for all other copies of Drawings and Specifications furnished provide required enclosures will be grounds for revocation of to him. award and taking of Bid Bond. All Drawings,Specifications and copies thereof furnished by A-5 FAMILIARITY WITH PROPOSED WORK. Before the Owner of the Architect are and shall remain the property filing a bid, the bidder shall examine carefully the proposal, of the Owner. They are not to be used on any other project plans, specifications, special provisions, and the form of and,with the exception of one Contract set for each Party to contract to be entered into for the work contemplated. He the Contract,are to be returned to the Owner on request at shall examine the site of work and satisfy himself as to the the completion of the work. on conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to A-10 MINORITY AND WOMEN$ BUSINESS be furnished. The filing of a bid by the bidder shall be ENTERPRISE POLICY. The City of Fort Worth has goals considered evidence that he has complied with these for the participation of disadvantaged business enterprises in requirements and has accepted the site as suitable for the City contracts. Compliance with the policies designed to work. meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be Claims for additional compensation due to variations followed in submitting bids is included. between conditions actually encountered in construction and as indicated by the plans will not be allowed. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant A-6 ONE UNIFIED CONTRACT. Insofar as possible, and other Federally funded Projects. the Contract Documents will be bound together and executed as a single unified Contract, the intention of the A-11 CORRELATION AND INTENT. In general, the Contract Documents being to provide for all labor, drawings indicate dimension,locations,positions, quantities, supervision,materials,equipment and other items necessary and kinds of construction; the specifications indicate the for the proper execution and completion of the Work. Words quality and construction procedures required. Work that have well-recognized technical or trade meanings are indicated on the drawings and not specified of vice-versa, used herein in accordance with such recognized meanings. shall be furnished as though set forth in both. Work not detailed,"marked or specified shall be the same as similar A-7 DIVISION OF WORK. The arrangement of parts that are detailed, marked or specified. If the drawings Drawings and/or Specifications into Divisions, Sections, are in conflict or conflict with the specifications the better Articles,or other Subdivisions shall not be binding upon the quality or greater quantity or work or materials shall be GC- 1 of 24 5/19/2000 PW estimated and shall be furnished or included. Dimensions a) Stop work under the Contract on the date and to on drawings shall take precedence over small-scale the extent specified on the notice of termination. VP drawings. Drawings showing locations of equipment,piping, ductwork, electrical apparatus, etc., are diagrammatic and b) Place no further orders or subcontracts except as job conditions may not allow installation in the exact location may be necessary for the completion of the work not shown. Relocation shall not occur without the Architects terminated. approval. C) Terminate all orders and subcontracts to the A-12 ACE In accordance with the policy ('Policy") of extent that they relate to the performance of the work the Executive Branch of the federal government, Contractor terminated by the notice of termination. On covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, After termination as above,the City will pay the contractor a while engaged in performing this contract, shall, in proportionate part of the contract price based on the work connection with the employment,advancement or discharge completed;provided, however, that the amount of payment of employees or in connection with the temps, conditions or on termination shall not exceed the total contract price as P" privileges of their employment, discriminate against persons reduced by the portion thereof allocatable to the work not because of their age except on the basis of a bona fide completed and further reduced by the amount of payments, occupational qualification, retirement plan or statutory if,any otherwise made. Contractor shall submit its claim for requirement. amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of Contractor further covenants that neither it nor its officers, any dispute or controversy as to the propriety or allowability members, agents, employees, subcontractors, program of all or any portion of such claim under this paragraph,such participants, or persons acting on their behalf, shall specify, dispute or controversy shall be resolved and be decided by .� in solicitations or advertisements for employees to work on the City Council of the City of Fort Worth, and the decision this contract, a maximum age limit for such employment by the City Council of the City of Fort Worth shall be final unless the specified maximum age limit is based upon a and binding upon all parties to this contract bona fide occupational qualification, retirement plan or statutory equipment B-3 DUTIES OF THE ARCHITECT As used herein, the term Architect means the Architect or his authorized Contractor warrants it will fully comply with the Policy and representative. Nothing contained in these Contract will defend, indemnify and hold City harmless against any Documents shall create any privity of Contract between the claims or allegations asserted by third parties or subcontrac- Architect and the Contractor. for against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above B-4 ARCHITECT AS REPRESENTATIVE OF THE referenced Policy concerning age discrimination in the OWNER The Architect will provide general administration of performance of this agreement the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent I* A-13 DISABILITY: In accordance with the provisions of provided in the Contract Documents unless changed in the Americans With Disabilities Act of 1990 ("ADA"), writing by the Owner. The Architect will be available for Contractor warrants that it and any and all of its conferences and consultations with the Owner or the subcontractors will not unlawfully discriminate on the basis of Contractor at all reasonable times. disability in the provision of services to the general public, nor in the availability,terms and/or conditions of employment B-5 ACCESS TO JOB SITES. The Architect shall at for applicants for employment with, or employees of all times have access to the Work whenever it is in Contractor or any of its subcontractors. Contractor warrants preparation and progress. The Contractor shall provide it will fully comply with ADA provisions and any other facilities for such access so the Architect may perform its applicable federal,state and local laws concerning disability assigned functions under the Contract Documents. and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or The Architect will make periodic visits to the Site to subcontractors against City arising out of Contractor's and/or familiarize himself with the progress and quality of the work I� its subcontractors' alleged failure to comply with the and to determine if the work is proceeding in accordance above-referenced laws concerning disability discrimination in with the Contract documents. On the basis of on-site the performance of this agreement. observations,the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the PE Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the SECTION B Contractor's applications for payments, the Architect will IDENTITY OF ARCHITECT make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates B-1 CONTRACT ADMINISTRATION. Where the term for payment amounts. "Architect"is used in the"General Conditions of the Contract for Construction",it shall refer to the Director,Transportation B-6 INTERPRETATIONS. The Architect will be,in the and Public Works or his designated Project Manager. The first instance,the interpreter of the requirements of the Plans Director, Transportation will designate a Project Manager and Specifications and the judge of the performance and Construction Manager to administer this contract and thereunder by the Contractor,subject to the final decision of perform the functions of the "Architect" as indicated in the the Owner. General Conditions. The design architect or engineer may also be designated to perform the duties of"Architect". The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract B-2 TERMINATION AND SUSPENSION OF WORK: Documertts. The Owner has the right to terminate the Project for any reason. If the project is terminated,the Contractor shall: B-7 AUTHORITY TO STOP WORK. The Architect will have authority to reject work that does not conform to the GC-2of24 5/19/2000 Plans and Specifications. In addition, whenever, in its Owner will cooperate with the Contractor in the prosecution reasonable opinion, the Architect considers it necessary or of the Work in such manner and to such extent as may be advisable in order to insure the proper realization of the reasonable and shall furnish information under its control intent of the Plans and Specifications,the Architect will have with reasonable promptness at the request of the Contractor. authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of C-3 INSTRUCTIONS. The Owner shall issue all the Work whether or not such Work be then fabricated, instructions to the Contractor through the Architect. installed or completed. C-4 ACCESS TO JOB SITE. The Owner shall at all B-8 _MISCELLANEOUS DUTIES OF ARCHITECT. times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such Shoo Drawings. The Architect will review Shop Drawings access so the Owner may perform its assigned functions and Samples as provided in Section D. Two copies of each under the Contract Documents. approved Shop Drawing and submittal will be provided to the Owner by the Architect. C-5 PROGRESS INSPECTIONS. The Owner and the Architect will make visits to the Site to familiarize themselves Change Orders. Change Orders and Field Orders for Minor with the progress and quality of the Work and to determine if Changes in the Work will be issued by the Owner through the work is proceeding in accordance with the Contract the Architect in accordance with the provisions of Section L. documents. On the basis of on-site observations and reports provided by the Architect concerning the progress Guarantees. The Architect will receive on behalf of the and quality of the work, the Owner will approve and Owner all written guarantees and related documents authorize the Contractor's applications for payments. required of the Contractor. Upon completion of the project the Contractor shall provide the Architect five copies of each C-6 AUTHORITY TO STOP WORK. The Owner will guarantee. The Architect will provide three copies of each have authority to reflect work that does not conform to the guarantee to the Owner. Plans and Specifications. Whenever, in its reasonable opinion. the Owner considers it necessary or advisable in Inspections The Architect will conduct inspections for the order to insure the proper realization of the intent of the purpose of determining and making his recommendations Plans and Specifications, the Owner will have authority to concerning the dates of substantial completion and final require the Contractor to stop the work or any portion completion. thereof,or to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of Operation and Maintenance Manuals The Architect will the Work whether or not such Work be then fabricated, receive on behalf of the Owner, six copies of all applicable installed or completed. equipment installation, operation, and maintenance brochures and manuals required of the Contractor. The C-7 SUBSTANTIAL COMPLETION INSPECTION. Architect will provide three copies of this information to the Upon agreement of the Contractor and Architect that the Owner. Work is substantially complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the B-9 TERMINATION OF THE ARCHITECT. In case of Architect and attended by representatives of the Architect, the termination of the employment of the Architect by the Owner and Contractor.Items identified during this inspection Owner, the Owner shall either assume the duties of the as being incomplete, defective or deficient shall be Architect through the Director of the Department of incorporated into a punch list to be prepared by the Architect Transportation and Public Works, or shall appoint a and attached to the AIA document G704, which is to be successor Architect against whom the Contractor makes no prepared and signed by the Contractor, and accepted, reasonable objection. approved and signed by the Owner. SECTION C C-8 RIGHT TO AUDIT: OWNER Contractor agrees that the City shall, until the expiration of C-1 IDENTIFICATION. By the term Owner is meant three years after final payment under this contract, have the City of Fort Worth acting herein by its duly authorized access to and the right to examine any directly pertinent representatives in the manner provided by law. Authorized books, documents, papers and records of the contractor representatives include the City Manager, Assistant City involving transactions relating to this contract. a Manager, the Director and of Transportation and Public Works Department and members of the Building Services Contractor further agrees to include in all his subcontracts Division. Generally speaking a designated representative hereunder a provision to the effect that the subcontractor will be identified from within the Building Services Division to agrees that the City shall, until the expiration of three years act as a point of contact for day to day contract after final payment under the subcontract, have access to administration. and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, C-2 DUTIES QF THE OWNER. The Owner shall involving transactions to the subcontract. The term furnish surveys describing the physical characteristics, legal "subcontract"as used herein includes purchase orders. r limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has Contractor agrees to photocopy such documents as may be inspected the premises and familiarized himself therewith requested by the city. The city agrees to reimburse and that the locations of utilities and other obstacles to the Contractor for the costs of copies at the rate published in the prosecution of the Work as shown on the Owner's survey Texas Administrative Code. are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. SECTION D The Owner shall secure and pay for title to the site and all CONTRACTOR necessary permanent or construction easements. The GC-3 of 24 5/19/2000 10 D-1 IDENTIFICATION. The Contractor is the person faults and defects, and in conformance with the Contract rM or organization identified as such in the Contract. The term Documents. All work not so conforming to these standards Contractor means the Contractor or his authorized may be considered defective. If required by the Architect or representative. the Owner,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. D-2 INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent The warranty provided in this Section shall be in addition to contractor,not as an officer,agent,or employee of the City. and not in limitation of any other warranty or remedy Contractor shall have exclusive control of and the exclusive provided by law or the Contract Documents. right to control the details of the work and services V6 performed hereunder,and all persons performing same,and D-9 TAXES. The Contractor is exempt from State Contractor shall be solely responsible for the acts and Sales Tax on material incorporated into the finished omissions of its officers,agents,and employees. Nothing construction,Excise and Use Tax. herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, its officers, D-10 LICENSES. NOTICES AND FEES. The agents and employees, and the doctrine of respondeat Contractor shall obtain all Permits, Licenses, Certificates, superior shall not apply. and Inspections,whether permanent or temporary, required by law or these Contract Documents. D-3 SUBLETTING It is further agreed that the performance of this Contract,either in whole or in part,shall The Contractor shall give all Notices and comply with all not be sublet or assigned to anyone else by said Contractor Laws, Ordinances, Rules, Regulations and Orders of any without the written consent of the Director of Transportation public authority bearing on the performance of the Work. If and Public Works of the City of Fort Worth, the Contractor observes or becomes aware that bearing on the performance of the Work. If the Contractor observes or D-4 REVIEW OF CONTRACT DOCUMENTS. The becomes aware that any of the Contract Documents are at Contractor shall carefully study and compare the Agreement, variance therewith in any respect, he shall promptly notify Conditions of the Contract, Drawings, Specifications, the Architect in writing and any necessary changes will be Addenda and modifications and shall at once report to the made.If the Contractor performs any Work knowing that it is Owner and to the Architect any error, inconsistency or in violation of, or contrary to, any of such Laws, Statutes, omission he may discover.The Contractor shall do no work Charter, Ordinances, Orders or Directives, or Regulations without Drawings,Specifications and Interpretations. without furnishing Notice to the Architect,the Contractor will assume full responsibility therefor and bear all costs �r D-5 SUPERVISION. The Contractor shall supervise attributable thereto. and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, D-11 CASH ALLOWANCES. The Contractor shall methods, techniques, sequences and procedures and for include in the Contract Sum all allowances stated in the coordinating all portions of the Work under the Contract Contract Documents. These allowances shall cover the net Documents. cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's D-6 LABOR AND MATERIALS. Unless otherwise handling costs on the site,labor,installation costs,overhead, specifically noted,the Contractor shall provide and pay for all profit and other expenses contemplated for the original 1� labor, materials, equipment, tools, construction equipment allowance shall be included in the Contractor Sum and not in and machinery,water,heat,utilities,transportation and other the allowance.The Contractor shall cause the Work covered facilities and services necessary for the proper execution by these allowances to be performed for such amounts and and completion of the Work. by such persons as the Architect may direct, but he will not be required to employ persons against whom he makes a The successful low bidder will use its reasonable best efforts reasonable objection. If the cost, when determined, is more to hire local laborers, workmen and materialmen. The than or less than the allowance, the Contract Sum shall be general condition is not to be constructed as limiting the right adjusted accordingly by Change Order which will include of any bidder to employee laborers,workmen or materialmen additional handling costs on the site,labor,installation costs, from outside local area. field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on D-12 SUPERINTENDENT. The Contractor shall rR• the Work any unfit person or anyone not skilled in the task employ a competent superintendent and necessary assigned to him. assistants who shall be in attendance.at the Project site during the progress of the Work.The superintendent shall be D-7 PREVAILING WAGE RATE. The Contractor satisfactory to the Contractor and the Owner. The agrees to pay not less than the general prevailing rate of per superintendent shall represent the Contractor and all diem wages for Work of a similar character in the locality in communications given to the superintendent shall be binding which the Work is performed, and not less than the general as if given to the Contractor. Important communications will prevailing wage of per diem wages for a legal holiday and be confirmed in writing. Other communications will be so overtime work to all laborers, workmen and mechanics confirned on written request in each case. s employed on the Work under this Contract. The Contractor agrees to pay at least the minimum wage per hour for all D-13 RESPONSIBILITIES FOR EMPLOYEES AND labor as the same is classified and set out by the City of Fort SUB-CONTRACTQRS. The Contractor shall be responsible Worth,Texas,a copy of which is attached hereto and made to the Owner for the acts and omissions of all his employees a part hereof the same as if it were copies verbatim herein. and all Sub-contractors,their agents and employees,and all other persons performing any of the Work under a contract D-8 WARRANTY. The Contractor warrants to the with the Contractor. Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise D-14 FAILURE TO COMMENCE WORK: Should the specified,and that all work will be of good quality,free from Contractor fail to begin the work herein provided for within GC-4 of 24 5/19/2000 r the time herein fixed or to cant' on and complete the same a separate item shall not indicate approval of an assembly in according to the true meaning of the intent and terms of said which the item functions. Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to The Architect will review and approve Shop Drawings and take over the work and complete same in accordance with Samples with reasonable promptness so as to cause no the Contract Documents or to take charge of and complete delay, but only for conformance with the design concept of the work in such a manner as it may deem proper,and if,in the Project and with the information given in the Contract the completion thereof, the cost to the said City shall Documents.The Architect's approval of a separate item shall exceed the contract price or prices set forth in the said plans not indicate approval of an assembly in which the item and specifications made a part hereof,the Contractor and/or functions. its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cast The Contractor shall make any corrections required by the thereof,said excess cost. Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until D-15 PROGRESS SCHEDULE. The Contractor, approved. The Contractor shall direct specific attention in immediately after being awarded the contract, shall prepare writing or on resubmitted Shop Drawings to revisions other and submit for the Architect's approval, an estimated than the corrections requested by the Architect on previous progress schedule for the Work.The progress schedule shall submissions. be related to the entire Project.This schedule shall indicate the dates for the starting and completion of the various The Architect's approval of Shop Drawings or Samples shall states of construction and shall be revised as required by the not relieve the Contractor of responsibility for any deviation conditions of the Work,subject to the Architect's approval. It from the requirements of the Contract Documents unless the shall also indicate the dates for submission and approval of Contractor has informed the Architect in writing of such shop drawings and submittals as well as the delivery deviation at the time of submission and the Architect has schedule for major pieces of equipment and/or materials. given written approval to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility The progress schedule shall be updated at least monthly by for errors or omissions in the Shop Drawings or Samples. the contractor and submitted to the Architect for approval r" with the Contractor's monthly progress payment requests. No portion of the Work requiring a Shop Drawing or Sample NI submission shall be commenced until the Architect has D-16 DRAWINGS AND SPECIFICATIONS AT THE approved the submittal. All such portions of the Work shall SITE. The Contractor shall maintain at the site for the be in a000rdance with approved Shop Drawings and Owner one copy of all Drawings, Specifications, Addenda, Samples. approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to D-18 SITE USE. The Contractor shall confine record all changes made during construction. These shall operations at the site to areas permitted by law,ordinances, also be available to the Architect. The Drawings,marked to permits and the Contract Documents and shall not record all changes made during construction, shall be unreasonably encumber the site with any materials or delivered to the Architect upon completion of the Work, and equipment Until acceptance of the work by the City Council the Architect will prepare, and provide to the Owner, one of the City of Fort Worth,the entire site of the Work shall be complete set of reproducible record drawings of the work. under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against D-17 SHOP DRAWINGS AND SAMPLES. Shop injury or damage to persons or property by the action of the Drawings are drawings, diagrams, illustrations, schedules, elements or from any other cause whatsoever. The performance charts, brochures and other data which are Contractor shall rebuild,repair,restore and make good at his prepared by the Contractor or any Subcontractor, own expenses all injuries or damages to any portions of the manufacturer, supplier or distributor, and which illustrate Work occasioned by any of the above, caused before some portion of the Work. acceptance. Samples are physical examples furnished by the Contractor D-19 SAFE WORK PRACTICES. The Contractor shall to illustrate materials, equipment or workmanship, and to employ safe practices in handling materials and equipment establish standards by which the Work will be judged. used in performing required work so as to insure the safety of his workmen, City employees and the public. The The Contractor shall review, stamp with his approval and Contractor shall keep the premise free at all times from submit,with reasonable promptness and in orderly sequence accumulation of waste materials or rubbish. At the so as to cause no delay in the Work or in the work of any completion of the work, the Contractor shall remove all his other contractor,normally within the first 90 days of the work, wastes and rubbish from and about the work area,as well as six copies of all shop Drawings and Samples required by the his tools, equipment and surplus materials and shall leave Contract Documents or subsequently by the Architect as the area as clean and free of spot,stains,etc.,as before the covered by changes or amendments. Shop Drawings and work was undertaken. Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the D-20 FIELD OFFICES AND SHEDS The Contractor is Contractor shall inform the Architect in writing of any not required to provide a temporary field office or telephone deviation in the Shop Drawings or Samples from the for projects under $500,000. Contractor shall equip the requirements of the Contract Documents. Project Superintendent with a pager and provide 24-hour contacts to the City. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined D-21 TRENCH SAFETY The Contractor shall be and verified all field measurements, field construction responsible for all design and implementation of trench criteria, materials, catalog numbers and similar data, and shoring and stabilization to meet regulatory requirements. If that he has checked and coordinated each shop drawing the Proposal requires,the Contractor shall include a per unit given in the Contract Documents.The Architect's approval of cost for trench safety measures in his bid. If not included in the Proposal, the Contractor shall include a cost for trench GC-5of24 5/19/2000 safety measures for all trenches over 5 feet in depth in his person or organization on such list, the Contractor shall Schedule of Values. provide an acceptable substitute. D-22 CUTTING AND PATCHING OF WORK. The The Contractor shall not make any substitution for any Contractor shall do all cutting,fitting or patching of his Work Subcontractor or person or organization that has been that may required to make its several parts fit together accepted by the Owner and the Architect, unless the properly, and shall not endanger any Work by cutting, substitution is also acceptable to the Owner and the excavating or otherwise altering the Work or any part of it. Architect D-23 CLEAN UP. The Contractor at all times shall keep E-3 TERMS OF SUBCONTRACTS. All work the premises free from accumulation of waste materials or performed for the Contractor by a Subcontractor shall be rubbish. At the completion of the Work he shall remove all pursuant to an appropriate agreement between the his waste materials and rubbish from and about the Project Contractor and the Subcontractor (and where appropriate as well as all his tools, construction equipment, machinery between Subcontractors and Sub-subcontractors) which and surplus materials,and shall clean all glass surfaces and shall contain provisions that: leave the Work "Broom-clean" or its equivalent, except at otherwise specified. In addition to removal of rubbish and 1. preserve and protect the rights of the Owner and the leaving the buildings "broom-dean", Contractor shall dean Architect under the Contract with respect to the Work to all glass, replace any broken glass, remove stains, spots, be performed under the subcontract so that the marks and dirt from decorated work, dean hardware, subcontracting thereof will not prejudice such rights; remove paint spots and smears from all surfaces, dean 2. require that such Work be performed in accordance fixtures and wash all concrete,tile and terrazzo floors. with the requirements of the Contract Documents; If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged 3. require submission to the Contractor of applications for rged to the Contractor. payment under each subcontract to which the D-24 COMMUNICATIONS. As a general rule, the Contractor is a party, in reasonable time to enable the Contractor to apply for payment; Contractor shall forward all communications to the Owner +� through the Architect, and in all other instances the 4, require that all claims for additional costs,extensions of Contractor shall furnish the Architect a copy of any time, damages for delays or otherwise with respect to communication sent directly to the Owner. subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub- SECTION E subcontractor where appropriate) in the manner SUBCONTRACTORS provided in the Contract Documents for like claims by the Contractor upon the Owner; E-1 DEFINITION. A Subcontractor is a person or 5, waive all rights the contracting parties may have organization who has a direct contract with the Contractor to against one another for damages caused by fire e perform any of the Workatthe site.The term Subcontractor other perils covered by the property insurance, except sreferred to throughouttthe Contract Documents as such rights, if any, as they may have to proceeds of sngular in number and masculine in gender and means a such insurance held by the Owner,and, Subcontractor or his authorized representative. F` 6. obligate each Subcontractor specifically to consent to Yt Nothing contained in the Contract, Documents shall create the provisions of this Section any contractual relation between the Owner and the Architect and any subcontractor or any of his sub- All of the provisions set out in this section shall be deemed subcontractors or materialmen. to have been included in every subcontract, and every E-2 AWARD OF SUBCONTRACTS. The bidder shall subcontract shall be so construed and applied as to the furnish a list of the names of the subcontractors or other Owner and the Architect,whether not such provisions are physically included in the sub-contract. persons or organizations(including those who are to furnish materials or equipment fabricated to a special design) E-4 MINORITY AND WOMENS BUSINESS proposed for such portions of the Work as may be ENTERPRISE (M/WBE). Should the base bid be less than designated in the bidding requirements, or if none is so $25,000,the requirements of this section do not apply. designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the In accordance with City of Fort Worth Ordinance No 11923, Work. Prior to the award of the Contract, the Architect shall the City of Fort Worth sets goals for the participation of notify the successful bidder in writing if either the Owner or minority business enterprises and women business Architect, after due investigation, has reasonable objection enterprises in City contracts. Ordinance No 11923 is WL to any person or organization on such list Failure of the incorporated in these Specifications by reference.A copy of Owner and Architect to make an objection to any person or the Ordinance may be obtained from the Office of the City organization on the list prior to the award of this Contract Secretary. Failure to comply with the Ordinance shall be a shall not constitute acceptance of such person or material breach of contract. organization. ' The M/WBE UTILIZATION FORM,M/WBE GOALS WAIVER If,prior to the award of the Contract, the Owner or Architect FORM and GOOD FAITH EFFORT FORM, as applicable, has an objective to any person or organization on such list, must be submitted within five city business days after bid and refuses to accept such person or organization, the opening. Failure to submit the post bid information shall Ila apparent low bidder may,prior to the award,withdraw his bid render the bid non-responsive. without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, The Citywill consider the contractor's performance on other accept the bid or he may disqualify the bid. If, after the City Projects regarding its M/WBE program in the evaluation award, the Owner or Architect objects in writing to any of bids.Failure to comply with the City's M/WBE program,or GC-6 of 24 5/19/2000 to demonstrate a "good faith effort", shall result in a bid being considered irresponsible. 4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract. 0 Upon request, Contractor must provide the City with a complete and accurate information regarding actual work Other reasons at the discretion of the M/WBE Coordinator performed by a Minority or Women Business Enterprise �. (M/WBE) on the contract and proof of payment thereof. Within ten days after final payment from the City the Contractor further agrees to permit an audit and/or contractor shall provide the M/WBE Office with examination of any books, records or files in its possession documentation to reflect final participation of each M/WBE that will substantiate the actual work performed by an M/ subcontractor and supplier used on the project. WBE. The misrepresentation of acts(other than a negligent A misrepresentation) and/or the commission of fraud by the E-5 PAYMENTS TO SUBCONTRACTORS. The Contractor will be grounds for termination of the contract Contractor shall pay each Subcontractor, upon receipt of and/or initiating action under appropriate federal, state, or payment from the Owner, an amount equal to the local laws or ordinances relating to false statement. Further percentage of completion allowed to the Contractor on any such misrepresentation (other than a negligent account of such Subcontractor's Work. The Contractor shall misrepresentation)and/or commission of fraud will result on also require each Subcontractor to make similar payments to the Contractor being determined to be irresponsible and his subcontractors. barred from participating in City work for a period of time of not less than three years. If the Architect refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the Contractor shall provide copies of subcontracts or cosigned fault of a particular subcontractor, the Contractor shall pay letters of intent with approved M/WBE subcontractors prior to that Subcontractor on demand, made at any time after the issuance of the Notice to Proceed. Contractor shall also Certificate for Payment would otherwise have been issued, provide monthly reports on utilization of the subcontractors for his Work to the extent completed, less the retained to the Construction Manager. percentage. The Contractor may count first and second tier The Contractor shall pay each Subcontractor a just share of +� subcontractors and/or suppliers toward meeting the goals. any insurance monies received by the Contractor, and he The Contractor may count toward its goal a portion of the shall require each Subcontractor to make similar payments total dollar amount of the contract with a joint venture equal to his Subcontractors. to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be The Architect may,on request and at its discretion,furnish to performed. All subcontractors used in meeting the goals any Subcontractor, if practicable, information regarding must be certified prior to the award of the Contract. percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an Neither the Owner nor the Architect shall have any obligation opportunity to perform the work. Whenever a change order to pay or to see to the payment of any monies to any is in excess of 10% of the original contract, the M/WBE Subcontractor. coordinator shall determine the goals applicable to the work to be performed under the change order. SECTION F SEPARATE CONTRACTS During the term of the contract the contractor shall: F-1 OWNER'S RIGHT. The Owner reserves the right 1. Make no unjustified changes of deletions in it's M/WBE to award separate contracts in connection with other portions participation commitments submitted with or of the Work. When separate contract are awarded for other subsequent to the bid,and, portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs 2. If substantial subcontracting and/or substantial supplier each separate contract. opportunities arise during the term of the contract which the contractor had represented he would perform with F-2 MUTUAL RESPONSIBILITY QF his forces, the contractor shall notify the City before CONTRACTORS. The Contractor shall afford other subcontracts or purchase orders are let, and shall be contractors reasonable opportunity for the introduction and required to comply with modifications to goals as storage of their materials and equipment and the execution determined by the City,and, of their work, and shall properly connect and coordinate his work with theirs. 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM,if the contractor desires to change or delete any If any part of the Contractor's Work depends for proper of the M/WBE subcontractors or suppliers. execution or results upon the work of any other separate contractor,the Contractor shall inspect and promptly report Justification for change may be granted for the following: to the Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution 1. Failure of subcontractor to provide evidence of and results. Failure of the Contractor to inspect and report coverage by Workers'Compensation Insurance shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects 2. Failure of subcontractor to provide required general which may develop in the other separate contractors work IP liability or other insurance. after the execution of the Contractors Work. 3. Failure of subcontractor to execute a standard Should the Contractor cause damage to the work or property subcontract form in the amount of the proposal used by of any separate contractor on the site, the Contractor shall, the Contractor in preparing his M/WBE Participation upon due notice, settle with such other contractor by plan agreement, if he will so settle. If such separate contractor GC-7of24 5/19/2000 r sues the Owner on account of any damage alleged to have submit a oopy of updated schedule to the Construction been so sustained, the Owner shall notify the Contractor manager weekly. Building, plumbing, electrical and who shall defend against such suit at the Contractor's mechanical building permits are issued without charge. expense, and if any judgment against the Owner arises Water and sewer access fees will be paid by the City. Any therefrom,the Contractor shall pay or satisfy such judgment other permit fees are the responsibility of the Contractor. and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in G-5 INDEMNIFICATION: Contractor covenants and connection with such suit. agrees to indemnify City s engineer and architect, and their personnel at the project site for Contractor's sole negligence. F-3 CUTTING AND PATCHING UNDER SEPARATE In addition, Contractor covenants and agrees to indemnify, CONTRACTS. The Contractor shall do all cutting, fitting or hold harmless and defend,at its own expense, the Owner, patching of his Work that may be required to fit it to receive its officers, servants and employees, from and against any or be received by the work of other contractors shown in the and all claims or suits for property toss, property damage, Contract Documents.The Contractor shall not endanger any personal injury,including death, arising out of, or alleged to work or any other contractors by cutting, excavating or arise out of, the work and services to be performed otherwise altering any work and shall not cut or alter the hereunder by Contractor, its officers, agents, employees, work of any other contractor except with the written consent subcontractors, licensees or invitees, whether or not any of the Architect such injury. damage or death is caused. in whole or in hart by the negligence or alleged negligence of Owner. Any costs caused by defective or ill-timed work shall be its officers, servants. or employees. Contractor likewise bome by the party responsible therefor. covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's F-4 OWNER'S RIGHT TO CLEAN UP. if a dispute officers,servants and employees and any damage, loss or arises between the separate contractors as to their destruction to property of the Owner arising from the responsibility for cleaning up, the Owner may clean up and performanoe of any of the terms and conditions of this charge the cost thereof to the several contractors as the Contract, whether or not any such injury or damage is Director of the Department of Transportation and Public caused in whole or in part by the negligence or alleged Works shall determine to be just negligence of Ownerr, its officers. servants or employees. SECTION G MISCELLANEOUS PROVISIONS In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final G-1 CONFLICT OF LAWS. The law of the place payment, final payment shall not be made until Contractor where the site is located shall govern the Contract. The either (a) submits to Owner satisfactory evidence that the Contractor must familiarize himself and strictly comply with claim has been settled and/or a release from the claimant all Federal, State, and County and City Laws, Statutes, involved, or (b) provides Owner with a letter from Charter, Ordinances, Regulations, or Directives controlling Contractor's liability insurance carrier that the claim has rthe action or operation of those engaged upon the work been referred to the insurance carrier. affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against The Director may, if he deems it appropriate, refuse to any claim or liability arising from or based on the violation of accept bids on other City of Fort Worth public work from a any such Laws, Statutes, Charter, Ordinances, Regulations, Contractor against whom a claim for damages is outstanding or Directives, whether by himself, his employees, agents or as a result of work performed under a City Contract subcontractors. G-6 SUCCESSORS AND ASSIGNS. Except as G-2 GOVERNING LAWS. It is mutually agreed and provided in Paragraph E-2, this contract shall be binding understood that this agreement is made and entered into by upon and insure to the benefit of the parties hereto, their the parties hereto with reference to the existing Charter and Successors or Assigns.Contractor shall not assign or sublet Ordinances of the City of Fort Worth and the laws of the all or any part of this Contract or his rights or duties State of Texas with reference to and governing all matters hereunder without the prior written consent of the Owner. affecting this Contract, and the Contractor agrees to fully Any such purported assignment or subletting without the comply with all the provisions of the same. prior written consent of Owner shall be void. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. G 7 WRITTEN NOTICE. Written Notice shall be In performing their duties under the Statutes of the State of deemed to have been duly served if delivered in person to Texas and the Charter and Ordinances of the City of Fort the individual or member of the firm or to an officer of the Worth in connection with this Contract, or in exercising any corporation for whom it was intended, or if delivered at or of the powers granted the Owner herein,the officers,agents sent by registered or certified mail to the last business and employees of the City of Fort Worth are engaged in the address known to him who gives the notice. performance of a governmental function and shall not incur any personal liability by virtue of such performance G-8 SURETY BONDS: Surety Bonds are required on hereunder,except for gross negligence or willful wrong. all City contracts in excess of $25,000. The Contractor agrees, on the submittal of his Proposal to make, execute G-4 COMPLIANCE WITH LAWS. Contractor agrees and deliver to said City of Fort Worth good and sufficient the comply with all laws, Federal, state and local, including surety bonds for the faithful performance of the terms and all ordinances, rules and regulations of the City of Fort stipulations of the Contract and for the payment to all Worth, Texas. Materials incorporated into the finished claimants for labor and/or materials furnished in the Project are not subject to State Sales Tax. prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Contractors are responsible for obtaining construction Texas, as amended, in the form included in the Contract permits from the governing agencies. Contractor shall Documents,and such bonds shall be 100 percent of the total schedule all code inspections with the Code Inspection contract price, and the said surety shall be a surety Division in accordance with the permit requirements and company duly and legally authorized to do business in the GC-8 of 24 5/19/2000 State of Texas,and acceptable to the City Council of the City comply(1)with the requirements of the Contract Documents of Fort Worth. or (2) with respect to the performance of the work, with Laws,Statutes, Charter, Ordinances, Regulations or Orders Bonds shall be made on the forms furnished by or otherwise of any public authority having jurisdiction, the Contractor acceptable to the City. Each bond shall be properly shall bear all costs thereof, including the Architect's executed by both the Contractor and the Surety Company. additional services made necessary by such costs; •— Bonds required by the City shall be in compliance with all otherwise the Owner shall bear such costs, and an relevant local,state and federal statutes. appropriate Change Order shall be issued. To be an acceptable surety on the bond the name of the The Contractor shall secure certificate of inspection, testing surety should be included on the current U. S.Treasury List or approval, and three copies will be promptly delivered by of Acceptable Securities [Circular 570], and must be him to the Architect.The Architect will review the certificates authorized to do business in Texas. Sureties not listed in and forward one copy of each with his recommendation(s)to Circular 570 may write performance and payment bonds on the Owner. a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any If the Architect or Owner wish to observe the inspections, obligation over 10 percent. The amount in excess of 10 tests or approvals required by this Section, they will do so percent must be reinsured by reinsurers who are duly promptly and,where practicable,at the source of supply. authorized, accredited, or trusteed to do business in the State of Texas. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor Should any surety for the contracted project be determined inspections, tests or approvals by persons other than the unsatisfactory at any time during same,the Contractor shall Contractor shall relieve the Contractor from his obligations to immediately provide a new surety bond satisfactory to the perform the Work in accordance with the Contract City. Documents. If the contract amount is less than$25,000,payment shall be G-12 INTERRUPTION OF EXISTING UTILITIES made in one lump sum 30 calendar days after completion SERVICES. The Contractor shall perform the work under and acceptance of the work. this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. some cases,the Contractor may be required to perform the If the Contractor defaults or neglects to cavy out the Work in work while the existing utility is in service.The existing utility accordance with the Contract Documents or fails to perform service may be interrupted only when approved by the any provision of the Contract, the Owner may, without Owner.When it is necessary to interrupt the existing utilities, prejudice to any other remedy he may have, enter the site the Contractor shall notify the Owner in writing at least ten and make good such deficiencies. In such case an days in advance of the time that he desires the existing appropriate Change Order shall be issued deducting from service to be interrupted.The interruption time shall be kept vo the payments then or thereafter due the Contractor the cost to a minimum. Depending upon the activities at an existing of correcting such deficiencies, including the cost of the facility that requires continuous service from the existing Architect's additional services made necessary by such utility,an interruption may not be subject to schedule at the default, neglect or failure. If the payments then or thereafter time desired by the Contractor. In such cases, the due the Contractor are not sufficient to cover such amount, interruption may have to be scheduled at a time of minimum the Contract shall pay the difference to the Owner. requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall G-10 ROYALTIES AND PATENTS. The Contractor be as approved by the Owner. �- shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall G-13 LAYING OUT WORK. The Contractor shall verify save the Owner harmless from loss on account thereof and dimensions and elevations indicated in layout of existing shall be responsible for all such loss when a particular work. Discrepancies between Drawings, Specifications, and design, process or the product of a particular manufacturer existing conditions shall be referred to Architect for or manufacturers is specified;however,if the Contractor has adjustment before work affected is performed. Failure to reason to believe that the design, process or product make such notification shall place responsibility upon specified is an infringement of a patent, he shall be Contractor to cant' out work in satisfactory workmanlike responsible for such loss unless he promptly gives such manner at the Contractor's sole expense. information to Architect. The Contractor shall be held responsible for the location and G-11 TESTS. If the Contract Documents, Laws, elevation of all the construction contemplated by the Ordinances, Rules, Regulations or Orders of any public Construction Documents. authority having jurisdiction require any Work to be inspected,tested or roved, the Contractor shall g work, the Contractor shall carefully p pp give the Prior to commencing Architect timely notice of its readiness and the date arranged compare and check all Architectural, Structural, Mechanical so the Architect may observe such inspection, testing or an Electrical drawings;each with the other that in any affects approval. The Owner shall bear all costs of such inspection, the locations or elevation of the work to be executed by him, tests and approvals unless otherwise provided, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and If after the commencement of the Work, the Owner or adjustment Any duplication of work made necessary by Architect determine that any Work requires special failure or neglect on his part to comply with this function shall inspection, testing or approval not included above, the be done at the contractors sole expense. Owner or the Architect, upon written authorization from the Owner, will instruct the Contractor to order such special G-14 'MEASUREMENTS: Before ordering any material inspection,testing or approval,and the Contractor shall give or doing any work, the Contractor shall verify all notice as required in the preceding paragraph. If such measurements at the site or at the building and shall be special inspection or testing reveals a failure of the Work to wholly responsible for the correctness of same. No extra I 5/19/2000 GC-9 of 24 PF charge or compensation will be allowed on account of any etc. are diagrammatic and job conditions may not always PM difference between actual dimensions and dimensions permit their installation in the location shown. When this indicated on the drawings. Any difference which may be situation occurs, it shall be brought to the Architect's found shall be submitted to the Architect for consideration attention immediately and the relocation determined in a joint and adjustment before proceeding with the project conference. The Contractor will be held responsible for the relocating of any items without first obtaining the Architect's G-15 EXISTING OVERHEAD OR UNDERGROUND approval. He shall remove and relocate such items at his WORK. The Contractor shall carefully check the site where own expense if so directed by the Architect.Where possible the project is to be erected and observe any existing uniform margins are to be maintained between parallel lines overhead wires and equipment Any such work shall be and or adjacent wall,floor or ceiling surfaces. _ moved, replaced or protected, as required, whether or no shown or specified at the contractor's sole expense. G-20 OVERLOADING. The Contractor shall be responsible for loading of any part or parts of structures Attention is directed to the possible existence of pipe and beyond their safe carrying capacities by placing of materials, other underground improvements that may or may not be equipment, tools, machinery or any other item thereon. No shown on the Drawings.All reasonable precautions shall be loads shall be placed on floors or roofs before they have taken to preserve and protect any such improvements attained their permanent and safe strength. whether or not shown on the Drawings. G-21 MANUFACTURER'S INSTRUCTIONS. Where it Location of existing underground lines,shown the Drawings is required in the Specifications that materials, products, are based on the best available sources, but are to be processes, equipment, or the like be installed or applied in regarded as approximate only. Exercise extreme care in accordance with manufacturer's instructions, direction or locating and identifying these lines before excavation in specifications,or words to this effect,it shall be construed to adjacent areas. mean that said application or installation shall be in strict accordance with printed instructions furnished by the G-16 ALIGNMENT OF JOINTS IN FINISH manufacturer of the material concerned for use under MATERIALS. It shall be the responsibility of the Contractor conditions similar or those at the job site. Six copies of such to make certain in the installation of jointed floor, wall and instructions shall be furnished to the Architect and his *� ceiling materials that approval thereof obtained before work is begun. 1, preserve and protect the rights of the Owner and the G-22 CLEANING UP. The Contractor shalt keep the Architect under the Contract with respect to the Work to premises free from accumulation of waste material or be performed under the subcontract so that the rubbish caused by employees or as a result of the work. subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the At completion of work, the General Contractor shall, structure and be symmetrically placed wherever immediately prior to final inspection of complete building, possible. This includes heating registers, light fixtures, execute the following final cleaning work with trained equipment,etc. janitorial personnel and with material methods recommended by the manufactures of installed materials. If because of the non-related sizes of the various materials 1 Sweep and buff resilient floors and base, and vacuum and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the carpeting. Architect to determine the most satisfactory arrangement 2. Dust all metal and wood trim and similar finished The Contractor shall establish centerlines for all trades. materials. w G-17 INTEGR&TING EXISTING WORK. The Contractor shall protect all existing street and other 3. Clean all cabinets and casework. improvements from damages, 4. Dust all ceilings and walls. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or 5. Dust,and if necessary wash,all plumbing and electrical obstruct the ingress or egress to an from existing adjacent fixtures. facilities. 6. Wash all glass and similar non-resilient materials. Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to 7• All hardware and other unpainted metals shall b disturb or damage the existing work more than necessary. Leaned and polished and all equipment and paint or All damaged work shall be replaced, repaired and restored decorated work shall p cleaned and touched-up if n to its original condition at no cost to the Owner necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces G-18. HAZARDOUS MATERIAL CERTIFICATION: It is that are waxed shall be polished. the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials, B. The exterior of the building, the grounds, approaches, such as asbestos, shall be incorporated in to the project +y equipment, sidewalks, streets, etc. shall be cleaned The contractor shall exercise every reasonable precaution to similar to interior of buildings and left in good order at ensure that asbestos-containing materials are not the time of final acceptance. All paint surfaces shall be incorporated into any portion of the project, including clean and unbroken, hardware shall be clean and Pi. advising all materials suppliers and subcontractors of this polished, all required repair work shall be completed -requirement. The contractor shall verify that components and dirt areas shall be scraped and cleared of weed containing lead do not contact the potable water supply. groom' G-19 LOCATION OF EQUIPMENT AND PIPING. 9• Clean all glass surfaces and mirrors of putty, paint Drawing showing location of equipment, piping, ductwork, materials, etc., without scratching or injuring the glass GC- 10 of 24 5/19/2000 EM and leave the work bright, clean and polished. Cost of manufacturer's local representative, for each piece of this cleaning work shall be borne by Contractor. operative equipment. r10. Cleaning, polishing, scaling, waxing and all other finish 3) Catalog data on plumbing fixtures, valves, water operations indicated on the Drawings or required in the heaters, heating and cooling equipment, temperature Specifications shall be taken to indicate the required control, fan, electrical panels, service entrance condition at the time of acceptance of all work under the equipment and light fixtures. Contract 4) Manufacturer's name, type, color designation for 11. Burning: Burning of rubbish on the premises will not be resilient floors, windows, doors, concrete block, paint, permitted. roofing,other materials. G-23 DUST CONTROL. Precaution shall be exercised Submit six copies of Maintenance Manual, prior to request at all times to control dust created as a result of any for final payment operations during the construction period. If serious w. problems or complaints arise due to air-borne dust,or when Operational Inspection and Maintenance Instruction: The directed by the Architect,operations causing such problems Contractor shall provide at his expense, competent shall be temporarily discontinued and necessary steps taken manufacturer's representatives to completely check out all to control the dust. mechanical and electrical systems and items covered by the ,.. Drawings and Specifications. This requirement shall be G-24 FIRE PROTECTION. The contractor shall at all scheduled just prior to and during the initial start up.After all times maintain good housekeeping practices to reduce the systems are functioning properly the representatives shall risk of fire damage or injury to workmen.All scrap materials, instruct maintenance personnel of the Owner in the proper rubbish and trash shall be removed daily from in and about operation and maintenance of each item. the building and shall not be permitted to be scattered on s adjacent property. G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, Suitable storage space shall be provided outside the guarantees required by technical divisions of Specifications lw immediate building area for storing flammable materials and shall be properly executed in quadruplicate by paints; no storage will be permitted in the building. Excess subcontractors and submitted through the Contractor to flammable liquids being used inside the building shall be Architect.Delivery of guarantees shall not relieve Contractor kept in closed metal container and removed from the from any obligation assumed under Contract. � building during unused periods. The Contractor shall guarantee the entire Project for one A fire extinguisher shall be available at each location where year. In addition, where separate guarantees, for certain cutting or welding is being performed.Where electric or gas portions of work,are for longer periods,General Contractor's welding or cutting work is done, interposed shields of guarantee shall be extended to cover such longer periods. incombustible material shall be used to protect against fire Manufacturers extended warrantees shall be included in this damage due to sparks and hot metal. When temporary contract. heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and The Contractor shall provide fire extinguishers in accordance Acceptance by Owner. Guarantees shall not apply to work with the recommendations and NFPA Bulletins Nos. 10 and where damage is result of abuse, neglect by Owner or his 241. However, in all cases a minimum of two fire successor(s)in interest extinguishers shall be available for each floor of construction. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of G-25 CUTTING AND PATCHING Wherever cutting and the Technical Specifications contained herein. Unless removal of portions of the existing work is indicated, such supplemented by the Technical Specifications or the work shall be neatly sawed or cut by contractor in a manner manufacturers normal extended warrantees, the Contractor that will produce a neat straight line, parallel to adjacent shall warrant all work materials, and equipment against surfaces or plumb for vertical surfaces. Care should be defects for a period of one year from the date of final exercised not to damage any work that is to remain. acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not At no time shall any structural members be cut without provided in accordance with the Contract Documents. written consent from the Architect. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the G-26 PROJECT CLOSEOUT. Contractor further agrees to bear all cost of repairing and/or PM replacing damaged items and components to bring such Final Inspection. Record Drawings: Attention is called to items back to at least their original condition. General Conditions Section 4 entitled, "Payments and Completion." G-28 Y2K COMPLIANCE REQUIREMENTS The Contractor warrants that each hardware, software and Maintenance Manual:Sheets shall be 8'h"x 11",except pull firmware product delivered for incorporation into the Work be out sheets may be neatly folded to 8'%'x 11".Manuals shall able to accurately process date/time data between the years be bound in plastic covered, 3 ring, loose leaf binder with 1999 and 2000, including leap year calculations and as title of project lettered on front and shall contain: described below: 1. Date/time data between the information 1) Name,address and trade of all sub-contractors. technology incorporated into the Work shall transfer accurately to and from information technology purchased 2) Complete maintenance instructions; name, address, separately from the Work but intended to be used in and telephone number of installing Contractor, association with warranted products or systems. GC- 11 of 24 ~` 5/19/2000 2. Where the contract documents require that not restrictive. Bids on brands of like nature and quality will products must perform as a system with respect to date/time be considered. Contractor shall inform the City of any data transfer, the warranty described herein applies to the substitutions intended for the project within 5 business days performance of the system rather than to individual products. of bid opening. Failure to inform the City of substitute 3. The duration of this warranty and the remedies projects will obligate the contractor to provide the specified available to the Owner for the breach of this warranty shall material if awarded the contract. Within 14 days after bid po be as defined in and subject to, the terms and limitations of opening and upon request of the architect or contractor,the the Contractor's standard commercial warranty or contractor will submit a full sized sample and/or detailed warranties. information as required to allow the architect to determine 4. The remedies available to the Owner under this the acceptability of proposed substitutions. Where warranty shall include repair or replacement of any product equipment has been listed as "no substitute accepted", the or system whose noncompliance is discovered and made City will accept no alternates to the specified equipment known to the Contractor,in writing,within one year following the date of substantial completion. SECTION H 5. Nothing in the provisions of this warranty shall be CONTRACT TIME *■ construed to limit any rights or remedies the Owner may have with respect to defects discovered in the Work not H-1 DEFINITIONS. The Contract Time is the period of related to compliance requirements of this section. time allotted in the Contract Documents for completion of the Work. The contractor agrees to correct defective Work within a one year period after Date of Substantial Completion, and The date of commencement of the Work is the date provide one year warranty for accurate transfer of date/time established in the Notice to Proceed. If there is no notice to data between the years 1999 and 2000 as described within proceed,it shall be the date of the Agreement or such other this section. date as may be established therein. G-29 RECORD DRAWINGS. Upon completion of the The Date of Substantial Completion of the Work or Work and prior to application for final payment, one print of designated portion thereof is the Date certified by the each of the drawings accompanying this specification shall Architect with the approval of the Owner that construction is P- be neatly and dearly marked in red by the Contractor to sufficiently complete, in accordance with the Contract show variations between the construction actually provided Documents, so the Owner may occupy the Work or and that indicated or specified in the Contract Documents. designated portion thereof for the use for which it is The annotated documents shall be delivered to Architect. intended. Final acceptance of the completed work or any Where a choice of materials and/or methods is permitted portion thereof can be made only by the City Council of the herein and where variations in the scope or character of the City of Fort Worth or its designated Assistant City Manager, work from the entire work indicated or specified are and no other form of acceptance will be binding upon the permitted either by award of bidding items specified for that Owner. purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually A calendar day constitutes 24 hours of time and is any one provided. The representation of such variations shall of the seven days of a week,including Sunday,regardless of conform to standard drafting practice and shall include whether a"Working Day"or not, and regardless of weather supplementary notes, legends and details which may be conditions or any situation which might delay construction. �. necessary for legibility and dear portrayal of the actual An extension of contract time shall be in accordance with construction.The record drawings shalt indicate,in addition, this Section.Extensions of time will be as recommended by the actual location of all sub-surface utility lines, average the Architect with final approval by City of Fort Worth. depth below the surface and other appurtenances. A working day is defined as a calendar day, not including G-30 CONSTRUCTION FENCE. At the Contractor's Saturdays,Sundays,and legal holidays,in which weather or option, he may provide a substantial chain-link construction other conditions not under the control of the Contractor fence around all or a part of the site. The fences and gates permit the performance of work for a continuous period of must be maintained throughout the construction period. not less than seven hours between 7:00 a.m. and 6:00 p.m. -� Remove the fences and gates upon completion of the However, nothing in these Contract Documents shall be Project and restore the site to the required original or construed as prohibiting the Contractor from working on contract condition. Saturdays if he so desires. Should the Contractor choose to work on Saturdays, one day will be charged as contract- G-31 PRODUCT DELIVERY. STORAGE. HANDLING. working time when weather or other conditions permit seven The Contractor shall handle,store and protect materials and hours of work as delineated above. Legal holidays are products, including fabricated components, by methods and defined as being New Year's Day, Independence Day,Labor means which will prevent damage, deterioration and loss, Day,Thanksgiving Day, Christmas Day, Memorial Day, and including theft (and resulting delays), thereby ensuring Veteran's Day. ` highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term H-2 PROGRESS AND COMPLETION. All the time storage at project site prior to installation. limits stated in the Contract Documents are of essence to the Contrail G-32 REMOVAL OF SALVAGED MATERIAL. The Contractor shall remove salvaged material and equipment The Contractor shall begin the Work on the date of from the Project site and dispose of it in accordance with the commencement as defined in this Section.He shall cant'the law. Equipment or material identified in the Specifications or Work forward expeditiously with adequate forces and shall Plans for Owner salvage shall be carefully removed and complete it within the Contact Time. delivered to the Owner at any location in within the City limits as directed by the City. H-3 DELAYS AND EXTENSIONS OF TIME. If the Contractor is delayed at any time in the progress of the Work G-33 MANUFACTURER'S REFERENCE: Catalog, by any act or neglect of the Owner or the Architect or by any brand names,and manufacturer's references are descriptive, employee of the Owner, or by any separate contractor GC- 12 of 24 5/19/2000 r employed by the Owner, orb an separate contractor If payments are to be made on account of materials or Y Y P pY employed by the Owner,or by changes ordered in the Work, equipment not incorporated in the Work but delivered and or by labor disputes, fire, unusual delay in transportation, suitably stored at the site or in an independent, bonded unavoidable casualties or any causes beyond the warehouse such payments shall be conditioned upon Contractor's control, or by any cause which the Architect submission by the Contractor of bills of sale or such other determines may justify the delay,then the contract time may procedures satisfactory to the Owner to establish the be extended by Change Order for such reasonable time as Owner's title to such materials or equipment or otherwise recommended by the Architect and approved by the Owner. protect the Owner's interest including applicable insurance When the Contractor is delayed due to abnormal weather and transportation to the site. conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing The Contractor warrants and guarantees that title to all a fair and equitable adjustment of the contract time. Work, materials and equipment covered by an Application for Payment,whether incorporated in the Project or not,will All claims for extension of time shall be made in writing to pass to the Owner upon the receipt of such payment by the the Architect no more than fifteen days after the occurrence Contractor, free and dear of all liens, claims, security of the delay;otherwise they shall be waived. interests or encumbrances hereinafter referred to as'liens"; and that no Work, materials or equipment covered by an If no schedule or agreement is made stating the dates upon Application for Payment will have been acquired by the which written interpretations shall be furnished, then no Contractor,or by any other persons performing the Work at claim for delay shall be allowed on account of failure to the site or furnishing materials and equipment for the Work, furnish such interpretation until fifteen days after demand is subject to an agreement under which an interest therein or made for them, and not then unless such a claim is an encumbrance thereon is retained by the seller or reasonable. otherwise imposed by the Contractor or such other person. H-4 NO DAMAGE FOR DELAY. No payment, The Contractor shall prepare each application for payment compensation or adjustment or any kind (other than the on AIA Document G702, 'Application and Certificate for extensions of time provided for) shall be made to the Payment, and attached thereto AIA Document G703, contractor for damages because of hindrances or delays "Continuation Sheer,to indicate the progress made to date from an cause in the progress of the work, whether such and the period or month for which payment is requested for hindrances or delays be avoidable or unavoidable, and the each Item listed in the Schedule of Values. A copy of the contractor agrees that he will make no claim for revised monthly work progress schedule must be attached compensation,damages or mitigation of liquidated damages before the pay request can be accepted. for any such delays, and will accept in full satisfaction for such delays said extension of time. 1-5 CERTIFICATES FOR PAYMENT. If the Contractor has made Application for Payment as above,the SECTION I above,the Architect will,with reasonable promptness but not PAYMENTS AND COMPLETION more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the 1-1 CONTRACT SUM. The Contract Sum is stated in Contractor,for such amount determined to be properly due, the proposal as accepted and is the total amount payable by or state in writing reasons for withholding a Certificate. the Owner to the Contractor for the performance of the Work under the Contract Documents. The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the 1-2 SCHEDULE OF VALUES. Before the first Architect's observations at the site and the data comprising Applicable for Payment, the Contractor shall submit to the the Application for Payment, that the Work has progressed Architect a Schedule of Values of the various portions of the to the point indicated; that the quality of the Work is in Work, including quantities if required by the Architect, accordance with the Contract Documents (subject to an aggregating the total Contract Sum,divided so as to facilitate evaluation of the Work as a functioning whole upon payments to Sub-contractors, prepared in such form as Substantial Completion, to the results of any subsequent specified or as the Architect and the Contractor may agree tests required by the Contract Documents, to minor upon, and supported by such data to substantiate its deviations from the Contract Documents correctable prior to correctness as the Architect may require. Each item in the completion, and to any specific qualifications stated in the Schedule of Values shall include its proper share of Certificate); and recommendations to the Owner that the overhead and profit This Schedule, when approved by the Contractor be paid in the amount certified. In addition, the Architect and the Owner, shall be used as a basis for the Architects approval of final payment assures the Owner that Contractor's Applications for Payment. the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. 1-3 ADJUSTMENT OF QUANTITIES Where unit prices and estimated quantities are used to compute the After the Architect has issued a Certificate for Payment, the contract amount, the Owner may increase the quantities by Owner shall approve or disapprove same within ten days i an amount that is 20%of the total cost for that section. Unit after it has been delivered to the Director of the Department R prices for adjustments to unit quantities in excess to 20% of Transportation and Public Works. For contracts less than may be negotiated at the request of either party. $400,000,Owner shall pay 90%of the approved estimate to .� the Contractor within seven days after its approval, and the 1-4 PROGRESS PAYMENTS. On the first day of remaining 10%of each such estimate will be retained by the Ilk each month after the first month's work has been completed, Owner until the final estimate is approved and the Work is the Contractor will make current estimates in writing for accepted by the City Council of the City of Fort Worth. For review by the Architect of materials in place complete and contracts in excess of$400,000, the Owner will retain only the amount of work performed during the preceding month or 5%of each estimate until the final estimate is approved and period and the value thereof at the prices contracted for as work accepted by the City Council of the City of Fort Worth. shown on the approved Schedule of Values and Progress Schedule. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the GC- 13 of 24 5/19/2000 am Project by the Owner,shall constitute an acceptance of any Work not in accordance with the Contract Documents, or 1) The claim has been settled and a release has been WE relieve the Contractor of liability in respect to any warranties obtained from the claimant involved,or or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the Work 2) Good faith efforts have been made to settle such out- and pay for any damage to other work resulting therefrom standing claims,and such good faith efforts have failed. that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is If condition(1)above is met at any time within the six-month specified. period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at 1-6 PAYMENTS WITHHELD. The Architect may any time within the six-month period, the Director may on decline to approve an Application for Payment and may recommend that the final payment to the Contractor be withhold his Certificate in whole or in part if in his opinion he made.At the expiration of the six-month period the Director is unable to make the representations to the Owner as may recommend that final payment be made if all other work provided in this Section. The Architect may also decline to has been performed and all other obligations of the approve any Applications for Payment or, because of Contractor have been met to the satisfaction of the Director. subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any The Director may, if he deems it appropriate, refuse to Certificate for Payment previously issued to such extent as accept bids on other Transportation and Public Works may be necessary in his opinion to protect the Owner from Department contract work from a Contractor against whom a loss because of: claim for damages is outstanding as a result of work 1) defective work not remedied; performed under a City contract. r 2) claims filed or reasonable evidence indicating probable 1-8 LIQUIDATED DAMAGES: The deduction for filing of claims; liquidated damages shall be as follows: 3) failure of the Contractor to make payments properly to Amount of Contract Liquidated Damages Per Day Subcontractors,or for labor,materials or equipment; 4) reasonable doubt that the Work can be completed for $15,000 o less $45 to the unpaid balance of the Contract Sum; $15,001 t $25,000 $63 $25,001 to $50,000 $105 5) damage to another contractor; $50,001 to $100,000 $154 $100,000 to $500,000 $210 6) reasonable indication that the Work will not be $500,001 to$1,000,000 $315 completed within the Contract Time;or $1,000,001 to$2,000,000 $420 7) Unsatisfactory prosecution of the Work by the $2,000,001 to$5,000,000 $630 PM Contractor. over$10000,00 1 to '000,000 $80 0 When such grounds for the refusal of payment are removed, 1-9 FAILURE OF PAYMENT If, without fault on the payment shall be made for amounts withheld because of part of the Contractor,the Architect should fail to issue any them.The Owner reserves the right to withhold the payment Certificate for Payment within seven days after receipt of the of any monthly estimate, without payment of interest, if the Contractor's Application for Payment, if the Contractor's Contractor fails to perform the Work in accordance with the Application for Payment,or if,without fault on the part of the specifications or instructions of the Architect. Contractor,the Owner should fail to approve such estimate I-7 UNRESOLVED CLAIMS: In the event a written or to pay to the Contractor 90%or 95%(as applicable)of the f amount thereof within the period of time specified, then the claim for damages against the Contractor or its subcon- Contractor may, upon seven (7) days additional written tractors remains unsettled at the time all work on the project notice to the Owner and to the Architect,stop the Work until has been completed to the satisfaction of the Director of the payment of the amount owing has been received. .� Transportation and Public Works Department,as evidenced by a final inspection, final payment to the Contractor shall 1-10 SUBSTANTIAL COMPLETION AND FINAL not be recommended by the Director of the Transportation and Public Works Department for a period of 30 days after PAYMENT Prior to the request for final payment, the the date of such final inspection,unless the Contractor shall Contractor must meet SII provisions for Project Closeout. When the Contractor determines that the Work or a submit written evidence satisfactory to the Director that the designated portion thereof acceptable to the Owner is claim has been settled and a release has been obtained substantially complete, the Contractor shall prepare the from the claimant involved. submission to the Architect a list of items to be completed or Although the claim concerned remains unsettled at the corrected.The failure to include any items on such list does not alter the responsibility of the Contractor to complete all expiration of the above 30-day period,the Contractor may be Work in accordance with the Contract Documents.When the deemed to be entitled to a semi-final payment for work Architect,on the basis of an inspection, determines that the completed, such semi-final payment to be in an amount Work is substantially complete, he then will prepare a equal to the total dollar amount then due less the dollar Certificate of Substantial Completion (G704) which, when value of any written claims pending against the Contractor approved by the Owner, shall establish the Date of arising out of the performance of such work, and such Substantial Completion,shall state the responsibilities of the semi-final payment may then be recommended by the Owner and the Contractor for maintenance, heat, utilities, Director. and insurance, and shall fix the time within which the The Director shall not recommend final payment to a Contractor shall complete the items listed therein, said time Contractor against whom such a claim for damages is to be within the Contract time unless extended. outstanding for a period of six months following the date of Upon receipt of written notice that the Work is ready for final the acceptance of the work performed unless the Contractor � inspection and acceptance and upon receipt of a final submits evidence in writing satisfactory to the Director that: GC- 14 of 24 5/19/2000 r Application for Payment and upon receipt of a final 1-2 SAFETY OF PERSONS AND PROPERTY. The application for payment, providing the record drawings have Contractor shall take all reasonable precautions for the been received by the Architect, the Architect will conduct safety of, and shall provide all reasonable protection to such test and/or inspections as he deems necessary, and if prevent damage,injury or loss to: in his opinion the Work has been completed in accordance with the Contract Documents, the Architect will promptly (1) all employees on the Work and all other persons who issue a final Certificate of Substantial Completion stating that may be affected thereby; to the best of his knowledge, information and belief, and on the basis of his observations and inspections,the Work has (2) all the Work and all materials and equipment to be been completed in accordance with the terms and conditions incorporated therein, whether in storage on or-off the of the Contract Documents and that the entire balance found site,under the care,custody or control of the Contractor to be due the Contractor is due and payable. Final or any of his Subcontractors or Sub-contractors;and acceptance can be made by the City Council of the City of Fort Worth or it's designated representative, and no other (3) other property at the site or adjacent thereto, including form of acceptance will be binding upon the Owner. Final trees, shrubs, lawns, walks, pavements, roadways, payment and release of the retainage amount will become structures and utilities not designated for removal, due within fifteen days following approval of the City Council relocation or replacement in the course of construction. of the City of Fort Worth in accepting the work as complete. Until acceptance of the Work, it shall be under the charge Neither the final payment nor the remaining retained and care of the Contractor, and he shall take every percentage shall become due until the Contractor submits to precaution against injury or damage to the Work by the the Architect: action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution 1) Contractor's Affidavit of Payment of Debts and Claims of the Work.The Contractor shall rebuild, repair,restore and (G706) stating that all payrolls, bills for materials and make good, at his own expense, all injuries or damages to equipment,and other indebtedness connected with the any portion of the Work occasioned by any of the above, Work for which the Owner or his property might in any caused before its completion and acceptance. way be responsible, have been paid or otherwise satisfied, The Contractor shall comply with all applicable Laws, 2) Consent of Surety to Final Payment (G707), if any, to Ordinances, Rules, Regulations and Orders of any public final payment, authority having jurisdiction for the safety of persons or 3) Contractor's Affidavit of Release of Liens(G706A),and, property or to protect them from damage, injury or loss. He 4) Other data establishing payment or satisfaction of all shall erect and maintain, as required by existing conditions such obligations, such as receipts, releases and and progress of the Work, all reasonable safeguards for waivers of liens arising out of the Contract,to the extent safety and protection, including posting danger signs and and in such form as may be designated by the Owner. other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent If any Subcontractor, materialman or laborer refuses to utilities. furnish a release or waiver required by the Owner, the Contractor may,at the election of the Owner,fumish a bond When the use or storage of explosives or other hazardous satisfactory to the Owner to indemnify him against any right, materials or equipment is necessary for the execution of the claim or lien which might be asserted by such Subcontractor. Work, the Contractor shall exercise the utmost care and materialman or laborer. If any such right, claim or lien shall carry on such activities under the supervision of remains unsatisfied after all payments are made. The properly qualified personnel. Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, All damage or loss to any property referred to in the claim or lien, including all costs and reasonable attomey's preceding paragraphs caused in whole or in part by the fees. Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them,or by anyone for whose The acceptance of final payment shall constitute a waiver of acts any of them may be liable, shall be remedied by the all claims by the Contractor except those previously made in Contractor, including damage or loss attributable to faulty writing and still unsettled. Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he 1-11 FINAL PAYMENT FOR UN-BONDED may be liable, and not attributable to the fault or negligence PROJECTS. Final payment will not be made for a period of of the Contractor or anyone claiming through the Contractor 30 calendar days and until all requirments of 1-10 have been for such damage or loss. met, with the exception of Consent of Surety for Final Payment. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. PP SECTION J J-3 HARD HATS. Hard Hats will be required at all PROTECTION OF PERSONS AND PROPERTY construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor J-1 SAFETY PRECAUTIONS AND PROGRAMS The at any construction site included in the Contract will be Contractor shall be responsible for initiating,maintaining and required to wear a hard hat.The Contractor shall enforce the supervising all safety precautions' and programs in wearing of hard hats by Contractor,employees and visitors. connection with the Work. The Contractor shall designate a These requirements are in addition to the Accident responsible member of his organization at the site whose Prevention Clause in the General Conditions of the Contract. duty shall be the prevention of accidents. This person shall Contractor shall provide ten hard hats for use by the be the Contractor's superintendent unless otherwise consulting Architects and Engineers and visitors. designated in writing by the Contractor to the Architect J-4 EMERGENCIES. In any emergency affecting the safety of persons or property,the Contractor shall act at his GC- 15 of 24 5/19/2000 PM discretion to prevent threatened damage,injury or loss.Any b) Duration of the Project. Includes the time from the additional compensation or extension of time claimed by the beginning of the work on the project until the on Contractor on account of emergency work shall be contractorslperson's work on the project has been determined as provided in Changes in the Work. completed and accepted by the City. SECTION K-INSURANCE c) Persons providing services on the project ("subcontractor' in section 406.096)4ncludes all '! persons or entities performing all or part of the co Insurance r this Con The Contractor shall not services the contractor has undertaken to perform commence work under this Contract until he has obtained all on the project, regardless of whether that person insurance required under this Section and such insurance contracted directly with the contractor and has been approved by the City of Fort Worth, nor shall the contracted dless of whether that the has employees. Contractor allow any Subcontractor to commence work to be This incudes, without limitation, independent performed under this Contract unfit all similar insurance of contractors, subcontractors, leasing companies, the Subcontractor has been so obtained and approved. motor carriers,owner-operators,employees of any such entity, or employees of any entity which K-2 Workers'Compensation Insurance: furnishes persons to provide services on the 1) General project 'Services" include, without limitation, providing, hauling, or delivering equipment or a) Contractors Workers Compensation Insurance. materials, or providing labor, transportation, or Contractor agrees to provide to the Owner(City)a other services related to a project "Services" certificate showing that it has obtained a policy of does not include activities unrelated to the project, workers compensation insurance covering each of such as food/beverage vendors, office supply its employees employed on the project in deliveries,and delivery of portable toilets. compliance with state law. No Notice to Proceed 3) Requirements will be issued until the Contractor has complied with this section. a) The contractor shall provide coverage, based on proper reporting of classification codes and payroll b) Subcontractors Workers Compensation amounts and irking of any coverage agreements, Insurance. Contractor agrees to require each and which meets the statutory requirements of Texas every subcontractor who will perform work on the Labor Code, Section 401.011(44) for all project to provide to it a certificate from such employees of the contractor providing services of subcontractor stating that the subcontractor has a the project,for the duration of the project. policy of workers compensation insurance covering each employee employed on the project b) The Contractor must provide a certificate of Contractor will not permit any subcontractor to coverage to the governmental entity prior to being perform work on the project until such certificate awarded the contract. has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City). c) c the coverage period shown on the contractors current certificate of coverage ends during the c) By signing this contract or providing or causing to duration of the project,the contractor must,prior to be provided a certificate of coverage, the the end of the coverage period, file a new contractor is representing to the City that all certificate of coverage with the City showing that employees of the contractor who will provide coverage has been extended. services on the project will be covered by workers compensation coverage for the duration of the d) The contractor shall obtain from each person project,that the coverage will be based on proper providing services on a project, and provide to the reporting of classification codes and payroll City: amounts,and that all coverage agreements will be I) a certificate of coverage, prior to that person filed with the appropriate insurance carrier or, in beginning work on the project, so the the case of a self-insured,with the Texas Workers govemmental entity will have on file Compensation Commission's Division of Self- certificates of coverage showing coverage for Insurance Regulation. Providing false or all persons providing services on the project; misleading information may subject the contractor and to administrative penalties,criminal penalties,civil penalties or other civil actions. ii) no later than seven days after receipt by the d The contractors failure to comply with an of these contractor,. a new certificate of coverage P Y Y showing extension of coverage, if the provisions is a breach of contract by the contractor coverage period shown on the current which entitles the City to declare the contract void certificate of coverage ends during the if the contractor does not remedy the breach within duration of the project. ten days after receipt of notice of breach from the City. e) The contractor shall retain all required certificates 2) Definitions: of coverage for the duration of the project and for one year thereafter. a) Certificate of coverage("certificate"). A copy of a f) The contractor shall notify the City in writing by certificate of insurance,a certificate of authority to certified mail or personal delivery, within ten (10) self-insure issued by the Texas Workers' days after the contractor knew or should have Compensation Commission, or a coverage known, of any change that materially affects the agreement (TWCC-81, TWCC-82, TWCC-83, or - provision of coverage of any person providing TWCC-84), showing statutory workers' services on the project. compensation insurance coverage for the person's or entity's employees providing services on a g) The contractor shall post on each project site a project,for the duration of the project. notice,in the text,form and manner prescribed by GC- 16 of 24 5/19/2000 r the Texas Worker's Compensation Commission, common to the worker population. The text for the Pe P P informing all persons providing services on the notices shall be the following text, without any project that they are required to be covered, and additional words or changes: stating how a person may verify coverage and -REQUIRED WORKER'S report lack of coverage. COMPENSATION COVERAGE h) The contractor shall contractually require each The law requires that each person person with whom it contracts to provide services worsting on this site or providing services on a project,to: related to this construction project must I) provide coverage, based on proper reporting be covered by workers compensation on the classification codes and payroll insurance. This includes persons amounts and filing of any coverage providing, hauling, or delivering agreements, which meets the statutory equipment or materials, or providing requirements of Texas labor Code, Section labor or transportation or other service 401.011(44)for all of its employees providing related to the project, regardless of the services on the project,for the duration of the identity of their employer or status as an project; employee". ii) provide to the contractor, prior to that person Call the Texas Workers Compensation beginning work on the project,a certificate of Commission at 512-440-3789 to receive coverage showing that coverage is being information on the legal requirement for provided for all employees of the person coverage, to verify whether your providing services on the project, for the employer has provided the required duration of the project; coverage, or to report an employers iii) provide the contractor,prior to the end of the failure to provide coverage." coverage period, a new certificate of K-3 LIABILITY INSURANCE. The Contractor shall coverage showing extension of coverage, if procure and maintain during the term of this Contract such the coverage period shown on the current Liability Insurance as shall protect him,the City of Fort Worth certificate of coverage ends during the and any Subcontractor performing work covered by this duration of the project, Contract, from claims of damage which may arise from iv) obtain from each other person with whom it operations under this Contract, including blasting, when contracts,and provide to the contractor. blasting is done on, or in connection with the Work of the Project, whether such operations be by himself or by any (1) a certificate of coverage, prior to the Subcontractor or by anyone directly or indirectly employed other person beginning work on the by either of them and the limits of such insurance shall be project;and not less than the following: (2) a new certificate of coverage showing 1) Automobile Liability: $1,000,000 each accident, or extension of coverage, prior to the end reasonably equivalent split limits for bodily injury and of the coverage period, if the coverage property damage. Coverage shall be on "any auto" period shown on the current certificate including leased, hired, owned, non-owned and r of coverage ends during the duration of borrowed vehicles used in connection with this the project; Contract. v) retain all required certificates of coverage on 2) Commercial General Liability: $1,000,000 each file for the duration of the project and for one occurrence. Coverage under the policy shall be as year thereafter. comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in vi) notify the City in writing by certified mail or Texas and the policy shall have no exclusions by personal delivery, within ten (10) days after endorsement unless such are approved by the City. the person knew or should have known, of any change that materially affects the 3) Asbestos Abatement Liability Insurance: When the provision of coverage of any person providing Project specifically requires the removal of Asbestos services on the project;and Containing Materials, the Contractor shall be required to maintain Asbestos Abatement Liability Insurance as vii) contractually require each person with whom follows: $1,000,000 per occurrence; $2,000,000 it contracts, to perform as required by aggregate limit. The coverage shall include any paragraphs h-i) - vii), with the certificates of pollution exposure, including environmental impairment coverage to be provided to the person for liability, associated with the services and operations whom they are providing services. performed under this contract in addition to sudden and 4) Posting of Required Workers Compensation Coverage accidental contamination or pollution liability for gradual emissions and clean-up costs. a) The contractor shall post a notice on each project site informing all persons providing services on the K-4 BUILDER'S RISK INSURANCE. project that they are required to be covered, and stating how a person may verify current coverage Unless stated otherwise in the Proposal or Invitation, the and report failure to provide coverage.This notice Contractor shall procure, pay for and maintain at all times does not satisfy other posting requirements during the term of this Contract, Builders Risk Insurance imposed by the Texas Workers Compensation Act against the perils of fire,lightning,windstorm,hurricane,hail, or other Texas Workers Compensation riot, explosion, civic commotion, smoke, aircraft, land Commission rules. This notice must be printed vehicles;vandalism, and malicious mischief,at a limit equal with a title in at least 30 point bold type and text in to 100%of the Contract Sum. at least 19-point normal type, and shall be in both English and Spanish and any other language i GC- 17 of 24 5/19/2000 ll" The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If 10) Notice of any actual or potential claim and/or litigation specifically required in the Instructions to Bidders,the policy that would affect insurance coverages required herein shall include coverage for flood and earthquake. Different shall be provided to the City in a timely manner. sub-limits for these coverages must be approved by the City. 11) "Other insurance" as referenced in any policy of Pill Consequential damage due to faulty workmanship and/or insurance providing coverages required herein shall not design performed by the Contractor or his agents shall be apply to any insurance policy or program maintained by covered. the City of Fort Worth. Upon completion of the Work,the Contractor shall notify the 12) Contractor shall agree to either require its City of Fort Worth in writing before terminating this subcontractors to maintain the same insurance insurance. coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the K-5 PROOF OF CARRIAGE OF INSURANCE. The Contractor's subcontractors. Contractor shall provide a certificate of insurance documenting the Transportation and Public Works SECTION L Department,City of Fort Worth as a"Certificate Holder",and CHANGES IN THE WORK noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. L-1 CHANGE ORDER. The Owner, without More than one certificate may be required of the Contractor invalidating the Contract, may order Changes in the Work depending upon the agents an/or insurers for the within the general scope of the Contract consisting of Contractor's insurance coverages specified for the project(s). additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All Such K-6 OTHER INSURANCE RELATED Changes in the Work shall be authorized by Change Order, REQUIREMENTS. and shall be executed under the applicable conditions of the Contract Documents. I The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the 2) Applicable insurance policies shall each be endorsed execution of the Contract,authorizing a Change in the Work with a waiver of subrogation in favor of the City of Fort or adjustment in the Contract Sum or the Contract Time.The Worth. Contract Sum and the Contract Time may be changed only 3) Insurers of policies maintained by Contractor and its by Change Order. subcontractor(s),if applicable,shall be authorized to do Any changes in work required due to changed or unforeseen business in the State of Texas, or otherwise approved conditions,or by request of either the Contractor or the City, by the City of Fort Worth,and such shall be acceptable shall be coordinated with the Director, Department of to the City of Fort Worth insofar as their financial Transportation and Public Works. A change order must be strength and solvency are concerned. Any company written and duly negotiated and executed prior to performing through which the insurance is placed must have a changed work. rating of at least A:VII,as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole The cost or credit to the Owner resulting from a Change in discretion,a less favorable rate may be accepted by the the Fort Worth shall be determined in one or more of the city' following ways: 4) Deductible limits on insurance policies and/or self 1) by mutual acceptance of a lump sum property itemized, insured retentions exceeding$10,000 require approval including the allowance to Contractor for overhead and of the City of Fort Worth as respects this Contract profit stipulated in the original contract proposal; 5) The City of Fort Worth shall be notified in writing a 2) by unit prices stated in the Contract Documents or minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change subsequently agreed upon;or in coverage regarding any policy providing insurance 3) by cost and a mutually acceptable fixed or percentage coverage required in this Contract fee. 6) Full limits of insurance shall be available for claims If none of the methods set forth herein above is agreed arising out of this Contract with the City of Fort Worth. upon,the Contractor, provided he receives a Change Order, shall promptly proceed with the Work involved. The cost of 7) The Contractor shall provide certificates of insurance to such work shall then be determined on the basis of the the City prior to commencement of operations pursuant Contractor's reasonable and savings,expenditures d to this Contract. Any failure on part of the City of Fort p gsi including Worth to request such documentation shall not be a reasonable allowance for overhead and profit as indicted in construed as a waiver of insurance requirements the original contract proposal. In such cases,the Contractor specified herein. shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together with appropriate 8) The City of Fort Worth shall be entitled, upon request supporting data. Pending final determination of cost to the ex Owner, payments on account shall be made on the and without Fort incurring expense,to review the insurance Architect's Certificate of Payment as approved by the policies including endorsements thereto and, at its Owner. discretion, to require proof of payment for policy premiums. If after the contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed 9) The City of Fort Worth shall not be responsible for f paying the cast of insurance coverages required herein. change in scope of the work, Contractor shall process such GC- 18 of 24 5/19/2000 r proposal within seven days of receipt and return the price confimred in writing by the Architect and shall be binding on quote to the Architect in writing. The Architect shall review the Owner and the Contractor. PP the price quotation and if approval is recommended,forward the proposed change order request and price proposal to the L-5 FIELD ORDERS. The Architect may issue written Owner for approval. If the Architect will attempt to negotiate Field Orders which interpret the Contract Documents in with Contractor to revise the proposal to a figure which is fair accordance with Section A,or which order minor changes in ow and reasonable and forward it on to the Owner for approval. the Work in accordance with Section L without change in If the negotiations do not result in an equitable solution,the Contract Sum or Contract Time. The Contractor shall cant' Architect shall prepare a cost-plus type Change Order with a out such Feld Orders promptly. price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor SECTION M in accordance with the paragraph above. UNCOVERING AND CORRECTION OF WORK Contractor is advised that according to City of Fort Worth M-1 UNCOVERING OF WORK. If any Work should be Charter, that when the cumulative effect of Change Orders covered contrary to the request of the Owner or Architect, it results in an increase in cost of the contract amount by over must be uncovered for observation and replaced, at the $3,000, the City Council must approve all such Change Contractor's expense. Orders which will exceed this limit. Normal processing time for the City Staff to obtain City Council approval, once the If any other work has been covered which the Owner or recommended change order has been received at the City, Architect have not specifically requested to observe prior to r is approximately thirty (30) days . Owner, Architect and being covered, the Architect or the Owner may request to Contractor shall endeavor to identify Change Order items as see such work and it shall be uncovered by the Contractor.If early in the Construction process as possible to minimize such Work be found in accordance with the Plans and their impact on the construction schedule. Specifications,the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If If unit prices are stated in the Contract Documents or such worts be found not in accordance with the Plans and subsequently agreed upon, and if the quantities originally Specifications, the Contractor shall pay such costs unless it contemplated are so changed in a proposed Change Order be found that this condition was caused by a separate tr• that application of the agreed unit prices to the quantities of contractor employed by the Owner. Work proposed will create a hardship on the Owner or the Contractor, the applicable unit prices shall be equitably M-2 CORRECTION OF WORK. The Contractor shall adjusted to prevent such hardship. promptly correct all work rejected by the Owner or Architect tE as defeadve or as failing to conform to the Plans and If the Contractor claims that additional cost or time is Specifications whether observed before or after Substantial involved because of (1) any written interpretation issued Completion and whether or not fabricated, installed or pursuant to Section A, (2) any order by the Architect or completed.The Contractor shall bear all costs of correcting Owner to stop the Work pursuant to Section B, where the such rejected Work, including the cost of the Architect's Contract was not at fault,or(3)any written order for a minor additional service thereby made necessary. change in the Work,the Contractor shall make such claim. If, within one year after the Date of Substantial Completion L-2 CLAIMS FOR ADDITIONAL COST ¢R TIME. If or within such longer period of time as may be prescribed by the Contractor wishes to make a claim for an increase in the law or by the terms of any applicable special guarantee Contract Sum or an extension in the Contract Time, he shall required by the Contract Documents, any of the work is give the Architect written notice thereof within a reasonable found to be defective or not in accordance with the Contract time after the occurrence of the event that gave rise to such Documents, the Contractor shall correct it promptly after claim. This notice shall be given by the Contractor before receipt of a written notice from the Owner to do so, unless- proceeding to execute the Work, except in an emergency the Owner has previously given the Contractor a written I endangering life or property in which case the Contractor acceptance of such condition, describing same specifically shall proceed in accordance with Section J. No such claim and not generally. The Owner shall give such notice shall be valid unless so made. Any change in the Contract promptly after discovery of the condition. Sum or Contract Time resulting from such claim,if approved by the Owner,shall be authorized by Change Order. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where L-3 OVERHEAD ALLOWANCES FOR CHANGES: necessary, and the work shall be corrected to comply with Should any change in the work or extra work be ordered, the Contract Documents without cost to the Owner. the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal 1. Allowance to the Contractor for overhead and profit for or correction. extra work performed by the Contractor's own forces shall not exceed fifteen percent 115%). If the Contractor does not remove such defective or non- conforming work within a reasonable time fixed by written 2. Allowance to the Contractor for overhead and profit for notice from the Architect or the Owner, the Owner may extra work performed by a Subcontractor and supervised by remove it and may store the materials or equipment at the the Contractor shall not exceed ten percent 110%). expense of the Contractor.If the Contractor does not pay the cost of such removal and storage within ten days thereafter, L-4 MINOR CHANGES IN THE WORK. The Architect the Owner may upon ten additional days'written notice sell shall have authority to order minor changes in the Work not such work at auction or at private sale and shall account for involving an adjustment in the Contract Sum or an extension the net proceeds thereof, after deducting all the costs that of the Contact Time and not inconsistent with the intent of should have been bome by the Contractor including the Contract Documents.Such changes may be effected by compensation for additional architectural services. If such Field Order or by other written order.Such changes shall be proceeds of sale do not cover all costs that the Contractor should have bome, the difference shall be charged to the GC- 19 of 24 �` 5/19/2000 r Contractor andn a appropriate Change Order shall be issued.If the payments then or thereafter due the Contractor a) Stop work under the Contract on the date and to the are not sufficient to cover such amount, the Contractor shall extent specified on the notice of termination. pay the difference to the Owner. b) Place no further orders or subcontracts except as may If the Contractor fails to correct such defective or non- be necessary for the completion of the work not conforming work, the Owner may correct it in accordance terminated. with Section G. c) Terminate all orders and subcontracts to the extent that The obligation of the Contractor under this Section shall be they relate to the performance of the work terminated in addition to and not in limitation of any obligations imposed by the notice of termination, upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. After termination as above,the City will pay the contractor a proportionate part of the contract price based on the work M-3 ACCEPTANCE OF DEFECTIVE OR NOW completed; provided, however, that the amount of payment CONFORMING WORK. If the Owner prefers to accept on termination shall not exceed the total contract price as defective or non-conforming work, he may do so instead of reduced by the portion thereof allocatable to the work not requiring its removal and correction,in which case a Change completed and further reduced by the amount of payments, Order will be issued to reflect an appropriate reduction in the if,any otherwise made. Contractor shall submit its claim for Contract Sum, or, if the amount is determined after final amounts due after termination as provided in this paragraph payment,it shall be paid by the Contractor. within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability SECTION N of all or any portion of such claim under this paragraph,such TERMINATION OF THE CONTRACT dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision N-1 TERMINATION BY THE CONTRACTOR. If the by the City Council of the City of Fort Worth shall be final work is stopped for a period of 30 days under an order or and binding upon all parties to this contract any court or other public authority having jurisdiction, through no act or fault of the Contractor or a Subcontractor SECTION O or their agents or employees or any other persons SIGNS performing any of the work under a contract with the Contractor,or if the work should be stopped for a period of The Contractor shall construct and install the project 30 days by the Contractor for the Owner's failure to make designation sign as required in the Contract Documents and payment thereon as provided in Section 1, then the in strict accordance with the Specifications for "Project Contractor may after the end of such period of 30 days and Designation Signs."This sign shall be a part of this Contract upon seven additional days'written notice to the Owner and and shall be included in the Contractor's Base Bid for the the Architect,terminate the Contract. Project N-2 TERMINATION BY THE OWNER. if the SECTION P contractor is adjudged as bankrupt,or if he makes a general TEMPORARY FACILITIES assignment for the benefit of his creditors,or if a receiver is appointed on account of his insolvency, of if the Contractor P-1 SCOPE. The Contractor shall furnish, erect, and refuses, except in cases for which extension of time is maintain facilities and perform temporary work required in provided, to supply enough property skilled workmen or the performance of this Contract,including those shown and proper materials, or if he fails to make prompt payment to specified. Subcontractors or for materials or labor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or P-2 USE OF TEMPORARY FACILITIES. All Orders of any public authority having jurisdiction, or temporary facilities shall be made available for use by all otherwise is guilty of a substantial violation of a provision of workmen and subcontractors employed on the project, the Contract Documents, then the Owner, on its own subject to reasonable directions by the Contractor as to their initiative or upon certification by the Architect that sufficient proper and most efficient utilization. cause exists to justify such action, may,without prejudice to any rights or remedy and after giving the Contractor and his P-3 MAINTENANCE AND REMOVAL. The surety, if any, seven (7) days' written notice, terminate the Contractor shall maintain temporary facilities in a proper, employment of the Contractor and take possession of the safe operating and sanitary condition for the duration of the site and of all materials, equipment, tools, construction Contract Upon completion of the Contract, all such equipment and machinery thereon owned by the Contractor temporary work and facilities shall be removed from the and may finish the work by whatever method he may deem premises and disposed of unless otherwise directed or expedient. In such case the Contractor shall not be entitled specified hereunder. to receive any further payment until the Work is finished. P-4 FIELD OFFICES AND SHED. The Contractor If the costs of finishing the Work, including compensation for shall provide a temporary field office building for himself,his the Architect's additional services., exceed the unpaid subcontractors and use by the Architect. For construction balance of the Contract, the Contractor shall pay the contracts with a bid price in excess of $1,000,000.00, the difference to the Owner. Contractor shall provide a separate field office for the City's field representative (but the separate office may be in the The City of Fort Worth may terminate this contract in whole, same structure).The buildings shall afford protection against or from time to time,in part,whenever such termination is in the weather, and each office shall have a lockable door, at the best interest of the City. Termination will be effected by least one window, adequate electrical outlets and lighting, delivering to the Contractor a notice of termination specifying and a shelf large enough to accommodate perusal of the to what extent performance of the work of the contract is project drawings. Openings shall have suitable locks. Field being terminated and the effective date of termination. After offices shall be maintained for the full time during the receipt of termination the contractor shall: operation of the work of the Contract. During cold weather GC-20 of 24 5/19/2000 Y WP months, the field offices shall be suitably insulated and intensity shall not be less than 5 foot candies in the vicinity of equipped with a heating device to maintain 70 degree work and traffic areas. Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning P-8 HEATING. heating devices required under this device to maintain temperature below 75 degrees F. Upon paragraph shall not be electric. The Contractor shall provide completion of the work of the Contract, the Contractor shall heat,ventilation, fuel and services as required to protect all remove the building from the premises. In addition to the work and materials and to keep the humidity down to the drawing shelf, provide for the City field representatives extent required to prevent corrosion of any metal and to office: one deck, four chairs, plan rack and a four drawer prevent dampness or mildew which is potentially damaging filing cabinet (with lock). Each office shall contain not less to materials and finishes. All such heating, ventilation and than 120 square feet of floor space. services shall be provided and maintained until final acceptance of all work. In addition, the Contractor shall The Contractor shall provide and maintain storage sheds, provide heat ventilation prior and during the following work other temporary buildings or trailers on the project site as operations as follows: required for his use. Location of sheds and trailers shall be t� as approved by the Architect. Remove sheds when work is a) At all times during the placing, setting and curing of completed,or as directed. concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. P-5 TELEPHONE. The Contractor shall provide and pay for telephone installation and service to the field offices b) From the beginning of the application of drywall and described above. Service shall be maintained for the during the setting and curing period, provide sufficient duration of operations under this contract. The Contractor heat to produce a temperature in the spaces involved of shall provide for and pay for an automatic telephone- not less than 55 F. answering device at the site office for the duration of the project. The contractor shall provide a separate telephone c) For a period of seven(7)days previous to the placing of line, and instrument for use by the City's field interior finish materials and throughout the placing of representatives. finish painting,decorating and laying of resilient flooring materials, provide sufficient heat to produce a }+ P-6 TOILET FACILITIES. The Contractor shall temperature of not less than 60 F. provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the P-9 TEMPORARY CONSTRUCTION. EQUIPMENT project. AND PROTECTION P-7 UTILITIES. Contractor shall make all necessary The Contractor shall provide, maintain, and remove upon arrangements and provide for temporary water and completion of the work all temporary rigging, scaffolding, electricity required during the construction. Contractor shall hoisting equipment, rubbish chutes, ladders to roof, provide and install temporary utility meters during the barricades around openings,and all other temporary work as PW contract construction period.These meters will be read and required to complete all work of the Contract. Contractor the Contractor will be billed on this actual use. The shall coordinate the use and furnishing of scaffolds with his Contractor shall provide all labor and materials required to sub-contractors. tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction The Contractor shall provide, maintain, and remove upon area for use of all trades. Upon completion of the work all completion of the work, or sooner, if authorized by the utility lines shall be removed and repairs made to the Architect, all fences, barricades, lights, shoring, pedestrian existing lines. Only utilities at existing voltages, pressures, walkways, temporary fire escapes, and other protective frequencies,etc.will be available to the Contractor. structures or devices necessary for the safety of workmen, City employees,equipment,the public and property. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project All temporary construction and equipment shall conform to or as shown on the Drawings.Pipe water from the source of all regulations, ordinances, laws and other requirements of supply to all points where water will be required. Provide the authorities having jurisdiction, including insurance sufficient hose to cant' water to every required part of the companies, with regards to safety precautions, operation construction and allow the use of water facilities to and fire hazard. subcontractors engaged on the work. Provide pumps, tanks and compressors as may be required to produce required The Contractor shall provide and maintain pumping facilities, pressures. including power,for keeping the site,all times,whether from underground seepage,rainfall,drainage of broken lines. Electric Service. Provide adequate electric service for power and lighting to all points where required.Temporary,electric The Contractor shall maintain provision for closing and service shall be of sufficient capacity and characteristics to locking the building at such time as possible to do so. If this supply proper current for various types of construction tools, is not feasible,maintain a night motors, welding machines, lights, heating plant, air conditioning system, pumps, and other work required. The Contractor shall provide and maintain all barricades or Provide sufficient number of electric outlets so that 50 foot enclosures, required to protect the work in progress from long extension cords will reach all work requiring light or outside elements, dusts, and other disturbances as a result power. of work under this Contract Such protection shall be positive,shall meet the approval of the Architect and shall be ri iL ghtina. Supply and maintain temporary lighting so that maintained for the duration of the construction period or as work of all trades may be properly and safely performed, in required to provide for the protection as specified. such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per P-10 PROJECT BULLETIN BOARD. The Contractor squgr4e foot and maintain a socket voltage of at least 110 shall furnish,install and maintain during the life of the project volts. Use at least 100 watt lamps. In any event,the lighting a weather-tight bulletin board approximately 3 feet high by 5 GC-21 of 24 �" 5/19/2000 feet wide having not less than two hinged or sliding glass doors with provisions for locking.The bulletin board shall be P mounted where and as approved by the Architect, in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment.The bulletin board shall remain the property of the Contractor and _ shall be removed by him upon completion of the Contract work. The following information which will be fumished by the City to the Contractor, shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form ,,. 38). b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act w„ C. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County,Texas. 00 r GC-22 of 24 5/19/2000 FM FM GENERAL CONDITIONS INDEX D-22 Cutting and Patching of Work A DEFINITIONS PROCEDURES AND D-23 Cleaning Up INTERPRETATIONS D-24 Communications A-1 Contract Documents E SUBCONTRACTORS A-2 Entire Agreement A-3 Work E-1 Definition A-4 Execution of the Contract Documents E-2 Award of Subcontracts A-5 Familiarity with Proposed Work E-3 Terms of Subcontracts A-6 One Unified contract E-4 Minority and Women's Business Enterprise A-7 Division of Work (M/WBE) A-8 Interpretations E-5 Payments to Sub-Contractors A-9 Copies of Working Drawings and Specifications F SEPARATE CONTRACTS A-10 Minority and Women's Business Enterprise Policy F-1 Owner's Right A-11 Correlation and Intent F-2 Mutual Responsibility of Contractors A-12 Age F-3 Cutting and Patching Under Separate A-13 Disability Contracts F-4 Owner's Right to Clean Up B IDENTITY OF ARCHITECT G MISCELLANEOUS PROVISIONS B-1 Contract Administration B-2 Termination and Suspension of Work G-1 Conflict of Laws B-3 Duties of Architect G-2 Governing Laws B-4 Architect as Representative of the Owner G-3 Personal Liability of Public Officials B-5 Access to Job Site G-4 Compliance with Laws B-6 Interpretations G-5 Indemnification B-7 Authority to Stop Work G-6 Successors and Assigns B-8 Miscellaneous Duties of Architect G-7 Written Notice B-9 Termination of Architect G-8 Surety Bonds G-9 Owner's Right to Carry Out the Work C OWNER G-10 Royalties and Patents G-11 Tests C-1 Identification G-12 Interruption of Existing Utilities Services C-2 Duties of the Owner G-13 Laying Out Work C-3 Instructions G-14 Measurements C-4 Access to Job Site G-15 Existing Overhead or Underground Work C-5 Progress Inspections GA6 Alignment of Joints in Finish Materials C-6 Authority to Stop Work G-17 Integrating Existing Work C-7 Substantial Completion Inspection G-18 Hazardous Material Certification C-8 Right to Audit G-19 Location of Equipment and Piping G-20 Overloading _ D CONTRACTOR G-21 Manufacturer's Instruction G-22 Cleaning Up D-1 Identification G-23 Dust Control D-2 Independent contractor G-24 Fire Protection D-3 Subletting G-25 Cutting and Patching D-4 Review of contract Documents G-26 Project Closeout D-5 Supervision G-27 Guarantee and Extended Guarantee D-6 Labor and Materials G-28 Y2K Compliance Requirements D-7 Prevailing Wage Rate G-29 Record Drawings ,^ D-8 Warranty G-30 Constriction Fence D-9 Taxes G-31 Product Delivery,Storage,Handling D-10 Licenses,Notices and Fees G-32 Removal of Salvaged Material D-11 Cash Allowances G-33 Manufacturer's Reference D-12 Superintendent D-13 Responsibility for Employees and Sub- H CONTRACT TIME contractors D-14 Failure to Commence work H-1 Definitions D-15 Progress Schedule H-2 Progress and Completion �+ D-16 Drawings and Specifications at the Site H-3 Delays and Extension of Time D-17 Shop Drawings and Samples H-4 No Damage for Delay D-18 Site Use D-19 Safe Work Practices I PAYMENTS AND COMPLETION D-20 Field Offices and Sheds D-21 Trench Safety 1-1 Contract Sum GC-23 of 24 �" 5/19/2000 1-2 Schedule of Values L-5 Field Orders 1-3 Adjustment of Quantities 1-4 Progress Payments M UNCOVERING AND CORRECTION OF 1-5 Certificates for Payment WORK 1-6 Payments Withheld 1-7 Unresolved Claims M-1 Uncovering of Work 1-8 Liquidated Damages M-2 Correction of Work 1-9 Failure of Payment M-3 Acceptance of Defective or Non-Conforming I-10 Substantial Completion and Final Payment Work 1-11 Final Payment for Un-Banded Projects N TERMINATION OF THE CONTRACT J PROTECTION OF PERSONS AND PROPERTY N-1 Termination by the Contractor N-2 Termination by the Owner J-1 Safety Precautions and Programs J-2 Safety of Persons and Property O SIGNS J-3 Hard Hats J-4 Emergencies P TEMPORARY FACILITIES K INSURANCE P-1 Scope P-2 Use of Temporary Facilities K-1 Insurance Required P-3 Maintenance and Removal P-4 Field Offices and Sheds K-2 Workers'Compensation Insurance P-5 Telephone K-3 Liability Insurance P-6 Toilet Facilities .. K-4 Builder's Risk Insurance P-7 Utilities K-5 Proof of Insurance P-g Heating K-6 Other Insurance Related Requirements P-9 Temporary Construction,Equipment and Protection I0 L CHANGES IN THE WORK P-10 Project Bulletin Board L-1 Change Order Q VENUE L-2 Claims for Additional Cost or Time L-3 Overhead Allowance for Changes L-4 Minor Changes in the Work 00000 GC-24 of 24 5/19/2000 WEATHER TABLE Month Average Inches of SnowAce Days of Rain Rainfall Pellets January 7 1.80 1 February 7 2.36 March 7 2.54 Aril 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 December 6 1.82 ' L.8NNUALLY 77 32.30 1 (1) Mean number of days rainfall,0.01"or more (2) Average normal precipitation,in inches (3) Mean number of days 1.0 inch or more Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport,Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground)551 ft. Average number of days of rain,snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period. This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather,it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow(ce-pellet days for a given month,the contract period will be adjusted by Change Order. op WT-2 2000 BUILDING&CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE AIR CONDITIONING MECHANIC $15.96 PLASTERER 1329 AIR CONDITIONING MECHANIC HELPER 8.81 PLASTERER HELPER 8.63 ACOUSTIC CEILING INSTALLER 13.82 PLUMBER 16.26 ACOUSTIC CEILING INSTALLER HELPER 9.79 PLUMBER HELPER 9.39 BRICKLAYER/STONE MASON 13.25 REINFORCING STEEL SETTER 11.88 BRICKLAYER/STONE MASON HELPER 9.86 REINFORCING STEEL HELPER 9.18 CARPENTER 13.00 ROOFER 13.17 CARPENTER HELPER 9.34 ROOFER HELPER 7.82 CONCRETE FINISHER 12.00 SHEET METAL WORKER 15.87 CONCRETE FINISHER HELPER 9.44 SHEET METAL WORKER HELPER 9.29 CONCRETE FORM BUILDER 11.59 SHEETROCK HANUER 12.70 CONCRETE FORM BUILDER HELPER 8.87 SHEETROCK HANGER HELPER 9.71 DRYWALL TAPER 11.87 SPRINKLER SYSTEM INSTALLER 16.93 DRYWALL TAPER HELPER 8.25 SPRINKLER SYSTEM INSTALLER HELPER 7.81 ELECTRICIAN JOURNEYMAN 16.29 STEEL WORKER STRUCTURAL 14.66 ELECTRICIAN HELPER 10.20 STEEL WORKER STRUCTURAL HELPER 7.91 ELECTRONIC TECHNICIAN 12.86 WELDER 14.87 ELECTRONIC TECHNICIAN HELPER 12.67 WELDER HELPER 9.67 FLOOR LAYER(CARPET) 13.58 FLOOR LAYER(RESILIENT) 14.48 HEAVY EQUIPMENT OPERATORS FLOOR LAYER HELPER 8.56 GLAZIER 13.66 EQUIPMENT OPERATORS 14.66 GLAZIER HELPER 9.26 CONCRETE PUMP OPERATORS 13.30 INSULATOR 15.89 INSULATOR HELPER 9.46 CRANE,CLAMSHELL,BACKHOE, LABORER COMMON 7.82 DERRICK,D7.INE SHO 13.03 LABORER SKILLED 9.66 LATHER 15.80 FORKLIFT OPERATOR 10.34 LATHER HELPER 11.75 FOUNDATION DRILL OPERATOR 11.66 �. METAL BUILDING ASSEMBLER 13.34 FRONT END LOADER OPERATOR 11.60 METAL BUILDING ASSEMBLER HELPER 7.85 TRUCK DRIVER 9.80 PAINTER 11.93 PAINTER HELPER 8.30 PIPEFITTER 14.33 PIPEFITTER HELPER 10.93 WR-2 FoF,TWOP,TH NEW- -�. TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items(or an attached order or invoice) To be Purchased: All Items I claim this exemption for the following reason: Name of exemption organization: City of Fort Worth Texas Sales a Us T Permit#iK--94060528 I understand that I will be fab or p t of ales which may become due for failure to comply with the ovision tes ity and o etropolitan transit authority sales and use tax laws and ptr rules gard g mpt purchases. Liability for the tax will be determine by the pric aid for a ab! items u ased or the fair market rental value for the period of time use. I understand at is a misdemeanor to give an exemption certificate to the seller taxable items which I kn ,at t e time of purchase,will be used in a manner other than that expensed In this certificate and upon conviction,may be fined up to S500 per offense. Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section I. Purchasers: City of Fort Worth Street Address: 1000 Throckmorton City,State,Zip Code: Fort Worth Texas 76102 U v Signature/Title: P asinge Date: ione. l X Fax: This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or "tax exempt"numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. FINANCE DEPARTMENT PURCHASING DIVISION THE CITY OF FORT WORTH * 1000 THROCIGIORTON STREET * FORT WORTH.TEXAS 76102 (817) 871-8360 * FAx(817) 871-8440 v Printed on re PROJECT DESIGNATION SIGN 1-tri" FA\'-.tiowr o" H,T"s now 3" Proje Title 4" 4'-0" 1-1r ontractor: 112" 2 rZ" Co racfors Name 1-314" F DED BY 2-1r2" yr w w w w w w yr x w tt yr SCHEDULED COM LETION DATE 1-1rz" YEAR 1-112"' 4'-0" SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PRO CT TITLE, CONTRACTOR,BOND AND COMPLETION DATE INFORMATION IS IN HELV CA. CITY OF FORT WORTH LOGO IS AVAILABLE 1N A VECTOR FORMAT FROM 11`4 ITY OF FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE LINES T T 'COMPOSE THE"STAR"ARE PMS 167. CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 1'` day of August AD, 20 00 , by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December,A.D. 1924, under the authority(vested in said voters by the"Home Rule" provision)of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, hereinafter called OWNER, and AA Applicators, Inc. of the City of Dallas County of Dallas State of Texas hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: ROOF REPLACEMENT TWO BUILDINGS / PKG V02A TWO LOCATIONS That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be $64,750.00 and includes the base bid and No Alternates. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 75 calendar days. Insurance Requirements: The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works Department as certificate holder, showing the required General Contractors Liability coverage, Auto Liability, and Builder's Risk. Contractor agrees to provide to the City a Certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with State Law. No Notice to Proceed will be issued until the Contractor has complied with this section. v CJ°�D Contract agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of a workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. If this Contract is in excess of$25,000, the Contractor shall provide Payment Bond. If the Contractor is in excess of$100,000, the Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi- tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in SIX (6) counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in SIX(6)counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the 1'" day of August ,AD,20 00 . Contractor By: APPROVED: Name S�/lC�t r By. /. Offi a Assistant City anager APPROVAL RECOMMENDED: RECORDED: r By: By: Transporta6f and Public Works 3ty Secretary APPROVED AS TO FORM AND LEGALITY: — V Date By: — 0 — /(n Assistan Attorney Contract Authorization Date FRICCI �.L FICAURD A C - 2 Ciry „�Q� i Bond No. TXC1764 PERFORMANCE BOND - THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENT: That we (1)AA Applicators,Inc. (2) Company of Texas hereinafter called Principal and (3) >�IAML S BONDING 00MAW (IlMIAL) 2100 Fl rmur Dr ', T)PS_NkunPs I11 5039 1158 , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of: Sixty Four Thousand,Seven Hundred Fifty Dollars $64,750.00 Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, a Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators,and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner, dated the 1st day of August , 2000, a copy of which is hereto attached and made a part hereof, for the construction of.- ROOF f:ROOF REPLACEMENT TWO BUILDINGS / PKG V02A TWO LOCATIONS designated as Project Number FE71-0157150& GG01-0205002 , a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification, and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration AMPERBOND.FRM or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in 6 Counterparts each one of which shall be deemed an original,this the 1st day of August . 2000. AA APPLICAZCRS, INC. Principal (4) r� JAST: 42 B : • y (Principal) Secretary r V I 0 WJ1o(-rF (Printed NJ (SEAL) P.O. Box 780469 ADDRESS Dallas TX 75378-0469 CITY/STATE/ZIP 2100 Fleur Dr. MERCHANTS BONDING 00MPANY (MUTUAL) (Address) '(Surety) Des Moines IA 50321-1158 ATTEST: (Surety)Secretary � By: (Attorney-in-Fact)(5) (SEAL) Don E. Smith — (Printed Attorney-in-Fact) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation,a Partnership or and Individual,as case may be (3) Correct Name of Surety (d) If Contractor is partnership all Partners should execute bond (S) A true copy of Power of Attorney shall be attached to bond by Attorney-in-Fact A:14PERBOND.FRM Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint RAY WATSON AND/OR DON E. SMITH of RICHARDSON and State of TEXAS its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all such acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,1992. ARTICLE II,SECTION 8.—The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed.this 29TH day of DECEMBER 1999. ••'• •'•• MERCHANTS BONDING COMPANY(MUTUAL) A' •_,- ;3• 'a'y 1933 •c' By . • •C1 • Pesdent STATE OF IOWA ••.77,..;•.•••• COUNTY OF POLK ss On this 29TH day of DECEMBER 1999 before me appeared Larry Taylor,tome personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines.Iowa,the day and year first above written. : Z • Notary Public,Polk County,Iowa IOWA 0j•'•.....••y�,Q •� STATE OF IOWA '•, 4q1 A�- ,� COUNTY OFPOLK ss '••.....••• I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in force and effect. In Witness Whereof,I have hereunto set my hand and affixed the Seat of the Gpopany on this /,..L day of a • E,�O RPO,q .;� • Sea•rary MSC 0814(me) ;6'• 1933 c-- Bond No. TXC1764 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we, AA Applicators,Inc. a corporation of Dallas County, Texas , hereinafter called Principal and (3) MERCHANTS BONDIW OOMPANY (MUTUAL) 2100 Fleur Dr. , Des Moines IA 50321-1150 a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of- Sixty fSixty Four Thousand,Seven Hundred Fifty Dollars $64,750.00 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner dated the 1st day of August ,2000, a copy of which is hereto attached and made a part hereof,for the construction of: ROOF REPLACEMENT TWO BUILDINGS / PKG V02A TWO LOCATIONS designated as Project Number FE71-0157150 & GG01-0205002 copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"works". NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or the specifications. A:15PAYBOND.FRM PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESSETH WHEREOF,this instrument is executed in 6 counterparts, each one of which shall be deemed an original, this the 1st day of August ,2000. AA APPLICATORS, INC. Principal (4) ATTE : L BY: (Priv ipal) Secretary �Uh r OLI-1 (Printed acne/ i e) (SEAL) P.O. Box 780469 ADDRESS Dallas TX 75378-0469 CITY/STATE/ZIP 2100 Fleur Dr. MERC RANTS BONDING OOMPANY (SAL) Des Nbines IA 50321-1158 (Address) (Surety) ATTEST: (Surety) Secretary By: SLA - - — 't. v (Attorney-in-Fact)(5) Dc>n E. smith (Printed Attorney-in-Fact) (SEA Witness as to Surety aA Note: Date of Bond must not be prior to date of Contract (l) Correct name of Contractor (1) A Corporation, a Partnership or and Individual,as case may be (3) Correct Name of Surety (J) If Contractor is Partnership all Partners should execute bond A:\SPAYBOND.FRM Merchants Bonding Company , (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint RAY WATSON AND/OR DON E. SMITH of RICHARDSON and State of TEXAS its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all such acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,1992. ARTICLE II,SECTION 8.—The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 29TH day of DECEMBER , 1999• • 'e..'•, MERCHANTS BONDING COMPANY(MUTUAL) .•Q�NG•CO,h•• 00?�RPOq •.'°y' C-*:_ -®- c 'a•' 1933 •c• By 'X pmWent STATE OF IOWA ••. .•• COUNTY OF POLK ss •'•• On this 29TH day of DECEMBER 1999 before me appeared Lang Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines.Iowa,the day and year first above written. M ••••• a ��m� �""''J ///CC��ff/f/�'1 Z Notary Public,Polk County,Iowa • IOWA :• Oj•'••....:��Q STATE OF IOWA ••• R I A�- ••• COUNTY OFPOLK ss. ••..•...••• 1,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in force and effect. In Witness Whereof,I have hereunto set my hand and affixed the Seal of the Company on this �day of �.•,,. �' • ' •�- . seawary • e •r—.? -o- 1n: • MSC 0814(2,98) • `'• 4933 i C.: . y COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that you have filed, write to the company that issued the bond or policy. If the problem is not resolved, you may also write to the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax # (512) 475-1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond or policy. MSC 0838 t r aCoRJ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/0 ID IPQ-C1 08/04/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE nt Baldwin Ins & Bonding Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1201 Kas Drive, Suite B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Richardson TX 75081 Phone: 972-644-2688 Fax: 972-644-8035 INSURERS AFFORDING COVERAGE '9 INSURED INSURERA: American Equity Insurance Co. INSURER B: Essex Insurance Company AA AAmlicators Inc. INSURERC: General Accident Insurance P.O.-Box 78046§ INSURER D: Dallas TX 75378-0469 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EF FE TIVE POLICY PI N DATE MMlDD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X1 COMMERCIAL GENERAL LIABILITY ACCO52473 09/01/99 09/01/00 FIRE DAMAGE(Any one fire) $50000 CLAIMS MADE a OCCUR MED EXP(Any one person) $5000 M PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ 1000000 POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 C X ANY AUTO BA018050303 02/20/00 02/20/01 (Ea accident) X ALL OWNED AUTOS BODILY INJURY f X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY : X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ f7 AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE s2000000 B X OCCUR CLAIMSMADE XCA2224 05/04/00 05/04/01 AGGREGATE s2000000 $ XP $ X RETENTION $Nil $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEI $ E.L.DISEASE-POLICY LIMIT $ OTHER i A DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Roof Replacement Two Buildings/ PKGV02A Certificate holder is additional insured as respects the general liability. M CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION M CITYF-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO City of Ft. Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Transportation & Development NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Vicki McDonald 1000 Throckmorton IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Ft, Worth TX 76102 REPRESENTATIVES. 4- ` �' ACORD 25-S(7/97) ©ACORD CORPORATION 1988 ACORD,w CERTIFICATE OF LIABILITY INSURANCE °08/04/00 }PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Sammy J. Ray Insurance Agency ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1226 COMPANIES AFFORDING COVERAGE Euless,TX 76039 COMPANY ATexas Workers'Comp. Insurance Fund INSURED COMPANY Odyssey Resource Management, Inc. B 204 N. Ector COMPANY Euless,TX 76039- C Re:AA Applicators, Inc. COMPANY n D COVERAGES 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE E COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG E CLAIMS MADE OCCUR PERSONAL&ADV INJURY E OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE E f'1 FIRE DAMAGE(Anyone fire) E MED EXP(Any one person) E AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) E HIRED AUTOS � BODILY INJURY E NON-OWNED AUTOS (Per accident) ' PROPERTY DAMAGE E GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT E AGGREGATE E EXCESS LIABILITY EACH OCCURRENCE E UMBRELLA FORM AGGREGATE E OTHER THAN UMBRELLA FORM I E WORKERS COMPENSATION AND X TO LIMITSl ER f_ EMPLOYERS'LIABILITY l EL EACH ACCIDENT �E 1,000,000 A THE PROPRIETOR/ INCL TSF 0001084137 01/01/00 03/31/01 EL DISEASE-POLICY LIMIT E 1000,000 PARTNERS/EXECUTIVE - L OFFERS ARE: EXCL EL DISEASE-EA EMPE 1,000,000 OTHICLOYEE ER DESCRIPTION OF OPERATIONS/LOCATION SNEHICLES/SPECIAL ITEMS Project Re: Roof Replacement; Two Buildings/Pkg V02A;Two Locations. ERTIFICATE HOLDER CAN C-ILLATION AA31TXIF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ,-, Transporation 8r Public Works 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attention: Vicki McDonald BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Thockmorton Street OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Fort Worth,TX 76102- Samm Ra ACORD 25-S(1195) Y J. Y N ���7��r � 1988 8-15-2000 6:52AM FROM P. 2 ACORD„ INSURANCE. BIDDER DATE OP 1D RH os/a9loo ` THIS BINDER I$A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN THE REVERSE SIDS OF THIS FORM. 972-644-2688 COMIPANY tea ` 1701 - � Travelers .Insurance .Co MWTION Baldwin Ins & Ewm%dinq Agener DATE TIME 1201 Ras Drive, Suite ,B x AM x IM AM Richardson WX 75081, 06/14/00 12:01 PLA 10/14/00 NOON Richard MonahanX THIS BINDER IS ISSUEDTO WrE•IO COVERAGE IN THE ABOVE NAMED COMPANY` D= we Code: T-660 657X4031 -MERCYCUSTOMER ID: AAAPP-1 DESCRIPTION OP dPSRATIOl16/VEt1101JWWROPERTY Pnd9dUV LOCMCM) INSURED -._... Project: City of 2't.north AA Applicators, Inc. UO2A - Wo Buildings P.O. Sox 780469 3200 Old Garden Rd Dallas TX 76378-0469. Ft. Worth, TX .76107 COVERAGES UMITS TYPE OF INSURANCE COVERACKMORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUMOFLOSS SAM ❑OROAO❑SPEC GENERAL LIABILITY EACH.00CURRENCE S RG y GCMMEAL GENERAL LIABILITY FIRE DAMAGE(Any.fir..) f .- CLAIMS MADE ❑OCCUR MEQ 477(P(my prp p9mon) f PERSONAL'&ADV INJURY f GENERAL AGGREGATE s PCW DATE FOR CLAIM-MADE: PRODUICTS-OOMPJOP AGG S AUTOMOBILE LWBILITY COMBINED SINGLE LIMIT _ S ANY AUTO y .. BODILY INJURY(Per pm"_ -S ` ALL CTWNIED AUTOS 'BODILY INJURY(Per accident i SCHEDULEDAVTOS PROPERTY DAMAGE i HIRED MIT08 •. .. .. ..• '•. .:- .. MEbIC A)-hA`[ME•NTS' ......,,,_. s. ...,_....—. ... h10N OWNeD AUTOS PERgoNAL INJURY PROT $ UNIN"ED MOTORIST S AUTO PNYSICAL DAMAGE DEDIXT18LIF ALL VEHICLES SCI{EDIJLED VEr+flri.FS ACTUAL CASH VALUE COLLISION: 6TATED AMOUHN _ S OTHER THAN CQL; _ OTHER GARAGE LIABILITY AVM ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: • EACH ACCIDENT S .. .. AGGREGATE - EACHSS LIABILITY ' EAa,acCuwzIZNCE i UMBRELLA FORM AGGREGATE f OTHER THAN UMBRELLA FORM RETRO DATEFOR CLANS MADE: SakLINSURED RETE]VT1ON f WC STATUTORY LIMITS VXXW9*8 ¢ENZAY� EL.EACH ACCIDENT S J EMPLOYEE'S LLAWtTI L.DISEASE-EA EMPLOYEE S S.L.DLSSASE•POUCY LIMIT S SPS • WXWZ.R'S RISA 0074RAOB: 4;64,000 Limit at,the ,Job'site;OONDMOWFes$,•. S DTH�L W $10,000 While in trdrieit,. .$10',000 Rhitta &t t4alporaW Stott Location; TAXES f COVEIULGES• $1,000 Dedxctible• , ESTIMATED TOTAL PREMIUM S NAME&..ADDRESS Pl MORTGAGEE ADDITIONAL INSURED . LOW PAYEE' LOAN# AUTTM,GR=D RLd4REBENTATTVE ACORD 754(Ilea) NOTE:IMPORTANT STATE INFORMATION ON REVERSE SIDE , c?ACORD CORPORATION 1993 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, AA Applicators, Inc. certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Roof Replacement — Two Buildings / Pkg V02A Two Lv%ai;ir�sj�r�,ject number, FE71-0157150 & GG01-0205002. By: i e 01 6 d ate STATE OF TEXAS 3 COUNTY OF DALLAS 31 BEFORE ME, the undersigned authority, on this day personally appeared u 57 �y2 n � -� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as '0614 the act and deed of f�/ao��'cattoy�, 1 iJC�. , for the purposes and considerations therein expressed and in the capacity therein stated. GIV UNDER MY HAND AND SEAL OF OFFICE this day of 2000. JULIA A.HINKLE *: *` MY COMMISSION EXPIRES Notary Public in and for the State of Texas ',• May 22,2001 (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. AA3W0RKC0M.FRM SECTION 02072 MINOR DEMOLITION AND RENOVATION WORK PART 1 - GENERAL 1.01 SUBMITTALS A. Product Data: Submit manufacturer's product data sheets for each product in accordance with General Conditions. B. Submit Material Safety Data Sheets. 1.02 PROTECTION A. Prior to starting minor demolition operations, provide necessary protection in accordance with General Conditions. B. Provide fire protection for projects that include modified bitumen membrane (minimum of 3-20 lb. dry chemical fire extinguishers, fully charged at all times.) C. Protect cars, people, landscape and property from roof operations including falling trash and debris, and from contractor operations on the ground. D. Provide dust protection at all areas of the building including air intake openings. Provide dust filters and change as often as needed. 1.03 COORDINATION A. Sequence minor demolition and renovation with work sequence of reroofing work such that demolition debris is not transported across new roof surfaces. B. Coordinate with reroofing work so that no more existing items are removed in one day than can be replaced along with new roofing work in same day. C. Do not begin demolition of roof membrane when weather forecast is greater than 20% chance of rain. 02072 - 1 PKG V02A PART 2 - PRODUCTS 2.01 MATERIALS A. Wood Nailers and Blocking 1. No. 2 or better Southern Yellow Pine. 2. Fire-retardant treated with equal to or better than Osmose Flame Proof LHC, bearing UL Label FR-S. B. Fasteners 1. Screws: Hot-dip galvanized wood screws. 2. Nails: Non-ferrous, cement-coated, or hot-dip galvanized nails. 3. Concrete and Masonry: Stainless steel or galvanized screws with lead expansion anchor, equal or better than Rawlplug by the Rawlplug Co. C. Paint: Equal to or better than Kelly Moore Products listed.. 1. Rust Olean (rust inhibitive paint). 2. Kel-Guard Red Oxide Primer. 4. Kel-Guard White Rust Inhibitive Primer. 5. Kel-Guard Galvanized Iron Primer. 6. Alkyd Semi Gloss Enamel. PART 3 - EXECUTION 3.01 PREPARATION A. Verify that required barricades and other protective measures are in place. B. Owner inspection and verbal authorization to proceed. 3.02 MINOR DEMOLITION OPERATIONS A. General: 1. Comply with precautions and procedures as required by City Ordinances and OSHA Regulations. 2. Execute demolition in a careful and orderly manner without disturbance or damage to adjoining surfaces and structure. 3. Avoid excessive vibrations in demolition procedures that would be transmitted through existing structure and finish materials. 4. Verify that protection methods are in place to satisfaction of Owner's Representative. B. Existing Roof Demolition: Completely remove existing modified bitumen, and composition shingle roof systems to existing wood decks. 02072 - 2 PKG V02A C. Abandoned equipment supports and vents: 1. Remove abandoned conduit, piping, supports and vent penetrations. Cap-off below new roof membrane. 3.03 DISPOSAL A. Materials, equipment and debris resulting from demolition operations shall become property of Contractor. Remove demolition debris in accordance with applicable City, State and Federal Laws, and in accordance with requirements of General Conditions. B. Legally dispose of demolition debris. 3.04 MINOR RENOVATION WORK A. Nailers and Curbs: I. Clean and prepare existing surfaces to receive nailers and curbs. 2. Install new curbs or extend curbs as necessary to achieve a minimum 8 in. curb flashing height. 3. Replace damaged blocking with new blocking. 4. Install nailers and curbs continuously without gaps and plumb, level and true with joints flush. Securely fasten to structure with thru-bolts or drilled anchors. Use of power-actuated fasteners is prohibited. B. Equipment Reinstallation: Remove and reinstall existing equipment as required to facilitate new roofing, curbs and flashing. Reinstall on curbs after new flashing is installed. Securely fasten to curbs with screws and neoprene washers. C. Metal Stack Replacement: Replace existing metal stacks with new stacks to match existing size and style. D. Roof Top Piping Supports: 1. Install new wood supports for electric lines run across roof. E. Paint: 1. Prepare surfaces and prime in accordance with paint manufacturers instructions. 2. Do not paint pref nished equipment. 3. Paint shop primed equipment. 4. Prime and paint exposed pipes, conduit, boxes, exposed ducts, hangers, brackets, collars and supports, except where items are prefinished. 5. Paint new and existing exposed non galvanized metal surfaces with 2 coats of rust inhibitive paint. Color as selected. 6. Prime exposed galvanized metal and paint with 2 coats of alkyd enamel 02072 - 3 PKG V02A paint. Color as selected. 7. Touch up primed ferrous metal after welding with red oxide primer. 3.05 CLEANING A. As work proceeds, promptly remove trash and debris from roof area. Provide chutes or other conveying system to transfer debris from rooftop to disposal containers. Placement of chutes to be approved by owner's representative. B. During progress of Work maintain premises free of unnecessary accumulation of tools, equipment, surplus materials and clutter. C. Collect cotton waste, cloths and material which may constitute a fire hazard, place in closed metal containers and remove daily from site. D. Promptly clean spilled paint and/or bitumen products as work proceeds. END OF SECTION 02072 - 4 PKG V02A SECTION 07310 ASPHALT SHINGLES PART 1 - GENERAL 1.01 PRE-INSTALLATION CONFERENCE A. Upon execution of the Notice to Proceed a pre-installation conference shall be convened with the Owner's staff, Contractor and Architect. 1.02 PROTECTION AND COORDINATION A. Owner will occupy premises during entire period of roof removal and replacement. All due care shall be taken to protect property from damage and occupants from injury due to the Contractors work operations. Cooperate with Owner's Representative during roofing operations to minimize conflict, and to facilitate continued use of the facility. B. Schedule work in an orderly manner with any disturbance to normal operations kept to a minimum. Coordinate scheduling with Owner's Representative in order to protect building occupants and to protect building contents from damage during roofing operations. Verify that protection methods are in place to satisfaction of Owner's Representative. C. Comply with precautions and procedures as required by City Ordinances and OSHA Regulations. D. Execute roofing operations in a careful and orderly manner without disturbance or damage to adjoining surfaces and structure. E. Avoid excessive vibrations that would be transmitted through existing structure and finish materials. F. The building and surrounding areas shall be left in a safe UNCLUTTERED condition at the end of each day's work. 1.03 DELIVERY, STORAGE AND HANDLING A. Deliver roofing materials, and accessories in manufacturer's original protective containers with labels intact and legible. Comply with manufacturer's published instructions for storage and handling. 07310 - 1 PKG V02A B. Store materials in dry protected areas, on clean, raised platforms with securely anchored weather protective covering. C. Coordinate with the Owner for access to the site and for areas within the property for material storage. D. Provide for access to the site and all equipment by City forces at all times. 1.04 WARRANTIES A. Provide manufacturer written 25 year material warranty. B. Provide contractor 2 year written installation warranty. 1.05 FIELD QUALITY CONTROL A. Employ only experienced craftsmen, skilled in the installation of shingles and related materials. B. Contractor shall notify Construction Inspector at least 24 hours in advance of performing any work. Construction Inspector shall be afforded opportunity to inspect all work at any stage of construction. 1.06 SUBMITTALS A. Submit manufacturers product data, material and color samples and shop drawings of metal flashings under provisions of Section - Submittals. B. Indicate general construction, configurations,jointing methods and locations, fastening methods and locations, and installation details. C. Submit manufacturer's installation instructions under provisions of Section - Submittals. PART 2 - PRODUCTS 2.01 ROOFING MATERIALS A. Asphalt Shingles: ASTM D3018, type 1, class A, glass fiber matt base, mineral granule surfaced type; heavy duty; standard self-sealing type; square laminated overlay staggered-edge butt type tab; equal to Owens Corning, Oakridge II, color, driftwood. d 07310 - 2 PKG V02A B. Underlayment: Asphalt impregnated glass fiber, 30 pound asphalt felt. C. Nails: Standard wire type, hot-dipped zinc-coated steel, 11 gage, 3/8" head, minimum 1-1/4" long of sufficient length to penetrate 3/4" into wood decking or penetrate through plywood decking. Staples are not acceptable. D. Underlayment Fasteners: Galvanized nails and tin caps of appropriate gauge and length. E. Plastic Cement: Asphaltic type with mineral fiber components, no asbestos fibers allowed, FS-SS-C-153, Type I. F. Metal edge flashing: Hot dipped galvanized, 24 gage. PART 3 - EXECUTION 3.01 INSTALLATION - GENERAL A. Remove existing asphalt shingle roof system to expose deck. Remove all roofing nails or drive flush. Remove only area which will be replaced in one day. Do not remove existing roofing if national weather service forecast is greater than 20% chance of rain. B. Replace deteriorated or damaged wood decking with plywood, match existing thickness. Patch shall span minimum of three framing members. Roof Deck to be smooth, sound, clean, dry and free of irregularities. C. Verify that installing of all metal flashing has been completed. D. Install asphalt shingle roofing and underlayments over dry surfaces, free of ridges, warps, and voids. E. Coordinate installation of roof mounted components or work projecting through roof. Verify roof openings are framed, sized, and located prior to installing work of this Section. F. Completed installation to provide weathertight service. 07310 - 3 PKG V02A 3.04 INSTALLATION - ROOF A. Install metal drip edge along eaves and rakes B. Apply one layer of underlayment over beginning at lowest edge and laying shingle fashion to ridge. Lap each course 2" minimum at horizontal joints (vertical surfaces) and 4" side lap at end joints (sloped surfaces). Lap underlayment 6" from both sides over hips and ridges. C. Secure underlayment to deck nailing at 6" o.c. along edges and shower nailing at 10" o.c. over entire area. Install metal flashing in gutters and valleys. D. Install shingles per Manufacturer's written instructions with proper exposure and head lap. E. Provide and install cap, ridge, edge, equipment and stepped wall or parapet flashing. F. Install ridge units to face away from prevailing wind. END OF SECTION 07310 - 4 PKG V02A SECTION 07525 MODIFIED BITUNJINOUS SHEET ROOFING PART 1 - GENERAL 1.01 RELATED SECTIONS A. Section - Minor Demolition and Renovation Work. B. Section - Sheet Metal Work. C. Section - Caulking and Sealants. 1.02 REFERENCES A. American Society for Testing and Materials (ASTM). 1. ASTM D 41 "Asphalt Primer Used in Roofing, Dampproofing and Waterproofing". 2. ASTM D 312 "Asphalt used in Roofing". 3. ASTM D 4601 "Asphalt Impregnated Glass (felt) Mat Used as a Base Sheet in Roofing and Waterproofing". 4. ASTM C 728 "Standard Specification for Perlite Thermal Insulation Board. B. Federal Specification (FS). 1. FS-HH-I-529B "Insulation Block, Thermal (Mineral Aggregate)". 1.03 CONFORMANCE STANDARDS A. Underwriters Laboratories (UL). 1. Fire Classification Rating: "Class A". B. Factory Mutual (FM). 1. Wind Uplift Rating: "Class I-90". 1.04 QUALITY ASSURANCE A. Provide written proof of Manufacturer's approved applicators status for required warranty. Contractor shall submit certification with bid. B. Upon completion, provide an inspection by Manufacturer to assure installation is in accordance with requirements for the warranties. Manufacturer's representative shall provide a written inspection report certifying that the roof system has been installed in accordance with manufacturer's accepted procedures and is warrantable for the specified warranty period. 07525 - 1 PKG V02A 1.05 WARRANTY AND CERTIFICATION A. General: All warranties are calculated from the date of final acceptance by the City. The Contractor shall be fully responsible for the work until date of final acceptance. B. Provide Manufacturer's No Dollar Limit (NDL), Total System Repair or Replace, non-prorated twenty (20) year warranty covering materials and workmanship. C. Provide Roofer's two (2) year unconditional total system warranty for all components including flashing and sheet metal. D. Certification of Owner's Maintenance Forces: Manufacturer shall provide, at their expense, adequate training on the repair and modification of modified bitumen, torch down roofing at a location within the DFW metroplex in order to certify the Building Maintenance Division of the Transportation and Public Works Department for warranty repairs and modifications of the manufacturer's roof systems. The City of Fort Worth will pay for travel and per diem costs incidental to the training. If training is required outside of the Metroplex for the purpose of certification, the Contractor shall pay travel and per diem necessary for the certification. 1.06 SUBMITTALS A. Receive final written authorization for substitutions, if any. B. Submit three (3) inch by five (5) inch samples of roofing membrane and accessories with manufacturer's identification labels attached. C. Submit manufacturer's application procedures which describe completely the preparation of surfaces and application of specified materials. D. Submit shop drawings showing details, fabrication and fastening devices for each condition encountered. E. Submit samples of each type of mechanical fastener and stress plate. F. Submit samples of insulation board. G. Submit sample manufacturer's warranty. 07525 - 2 PKG V02A r r1.07 PRE-INSTALLATION CONFERENCE A. Prior to ordering materials and commencing roofing, a pre-installation conference to discuss the specified roofing system and its proper application will be conducted. Notify the local Manufacturer's representative when the pre-installation conference is scheduled. 1.08 DELIVERY, STORAGE AND HANDLING A. Deliver roofing materials, insulation, and accessories in manufacturer's original protective containers with labels intact and legible. Comply with manufacturer's IFpublished instructions for storage and handling. B. Store materials in dry protected areas, on clean, raised platforms with securely ranchored weather protective covering. C. Store flammable products away from sparks or open flames. FD. Store roofing materials at a minimum of forty-five (45) degrees fahrenheit prior to use as recommended by the manufacturer. Protect materials from freezing. 1.09 ENVIRONMENTAL REQUIREMENTS i A. Proceed with roofing work only when weather conditions comply with manufacturer's recommendations. Do not exceed temperature limitations Frecommended by the manufacturer. B. Do not begin roofing work (removal or installation) when weather forecast is greater than 20% chance of rain. 1.10 PROTECTION AND COORDINATION A. Owner will occupy the premises during the entire period of the roof removal and replacement. Cooperate with Owner's Representative during construction operations to minimize conflict, and to facilitate continued use of the facility. B. Coordinate scheduling with the Owner's Representative in order to protect the building occupants and to protect the building contents from damage during construction operations. r 'r 07525 - 3 PKG V02A PART 2 - PRODUCTS 2.01 ROOF INSULATION A. Approved manufacturer: Equal to U.S. Intec, Inc. B. Perlite Insulation Board: Equal to USI Board Roof Insulation. 1. Homogeneous Board of expanded perlite. 2. Insulation to comply with ASTM C 7283 and FS-HH-I-529B. 3. 3/4" thick, thermal resistance "R" value 2.08. C. Tapered Perlite Insulation System: USI Board Roof Insulation. 1. Homogeneous Board of expanded perlite. 2. Insulation to comply with ASTM C 7283 and FS-HH-I-529B. 3. 1/2" min. thick, 1/4" per foot slope as indicated. 2.02 ROOFING MEMBRANE SYSTEM A. Approved manufacturer: Equal to U.S. Intec, Inc. B. Approved System: Specification No. GBFR-B3SP-RI. C. Modified Bituminous Membrane: Equal to Intec GBSP-4FR. 1. Compound: Atactic Polypropylene (APP) Modified Asphalt. 2. Reinforcement: Non-woven Polyester; One hundred seventy (170) grams per square meter (min). 3. Weight: One hundred five (105) pounds per roll. 4. Thickness: Four and one-half(4.5) mm. 5. Application: Torch. 6. Surfacing: Fire Resistant Mineral Granule. 7. Color: Tan (match asphalt shingle color range). D. Interply Membrane: Equal to Intec SP-4. 1. Type: Atactic Polypropylene (APP) Modified Asphalt. 2. Reinforcement: Non-woven Polyester; One hundred seventy (170) grams per square meter (min). 3. Weight: Eighty-eight (88) pounds per roll. 4. Thickness: Four (4) mm. 5. Application: Torch. E. Base Sheet: Equal to Intec Ultra Base. 1. Type: Asphalt saturated glass mat conforming to ASTM D 4601. w 2. Weight: Sixty-seven (67) pounds per roll. F. Asphalt Primer: ASTM D 41. ' 07525 - 4 PKG V02A G. Asphalt: ASTM D 312 Type IV, steep asphalt. Use only that asphalt which has all of the following information printed on the asphalt packages or on the bills of lading covering bulk asphalt. 1. Softing point range: The temperature ranges of the asphalt determined in accordance with ASTM D 312 and ASTM 36. 2. Equiviscous temperature range: The temperature range, plus or minus twenty-five (25) degrees fahrenheit, at which a viscosity of one hundred twenty-five (125) centistokes is attained. 3. Finishing blowing temperature: The temperature at which the blowing of the asphalt has been completed. 2.03 FLASHING SYSTEMS A. Flashing: Equal to products listed, Intec GBSP-4 flashing, Intec SP-4 flashing and Mini Intec flashing as recommended by the manufacturer to suit each condition. 2.04 CANTS A. Perlite Cant Strip: Four (4) inch. 2.05 MECHANICAL FASTENERS A. Fasteners for Wood Deck: Equal to Drill-Tec "Coated Thread Point (CTP)" Fasteners, manufactured by U.S. Intec, Inc. conforming to Factory Mutual No. 4470. No. 3 phillips head of sufficient length to penetrate the wood deck a minimum of one (1) inch. 1. Drill-Tec Stress Plates: Three (3) inch metal conforming to Factory Mutual No. 4470, Galvalume 3.16 inch diameter, center hole .25 inch. PART 3 - EXECUTION 3.01 REMOVALS A. Remove entire existing roof system, including aggregates, roofing membranes and rigid insulation down to wood deck. B. Remove only portions of the existing roofing system that can be covered by insulation and roofing during the same day, or before the onset of inclement weather. Seal new roofing system each day to protect insulation, new membrane and the structure from water penetration. 3.02 EXAMINATION A. Verify securely supported and attached deck, free of depressions, waves or projections. 07525 - 5 PKG V02A B. Verify deck surfaces are dry and free of moisture in any form. C. Verify proper placement of roof openings, pipes, curbs, sleeves, ducts, vents, drains and other penetrations. D. Verify proper securement of penetrating or roof mounted equipment. 3.03 JOB AND WEATHER CONDITIONS A. Suspend all application and installation activities during inclement weather. B. Remove debris from roof deck and site on a daily basis and dispose at an approved disposal site. C. Protect roof deck and insulation from moisture by providing water cut-offs at the end of each day's work or when the weather is threatening. Failure to protect the deck and roofing from moisture will result in the removal of damaged materials or materials containing excessive moisture. Remove water cut-offs prior to start of new work. D. Protect building and adjacent surfaces from bitumen spillage. E. Do not permit traffic or material storage on completed roof surfaces. 3.04 ASPHALT A. Provide kettle or tanker with clearly visible operating thermometer. B Do not heat asphalt above flash point and EVT recommendations. C. Application of asphalt: Uniformly applied applications without voids as recommended by roofing manufacturer. D. Type of asphalt. 1. Insulation to insulation: Steep, Type IV. 2. Roofing base sheet to insulation: Steep, Type IV. 3. Tapered insulation to base sheet (gypsum deck): Steep, Type IV. 3.05 SUBSTRATE PREPARATION A. Comply with manufacturer's published instructions for preparation of substrates to receive sheet roofing. Prior to priming, clean substrate of dust, debris, and other substances detrimental to roofing work. 07525 - 6 PKG V02A