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Contract 26494
_ IMS COPY FOtt Y �COWAC" + i NfRACSOR'S Boom rC�t1fCfEEWlY THE CITY OF FORT WORTH, TEXAS ...._.._CwfmAmGersom PAINT EXTERIOR —~TIM-FUCOR TPW2000-025 CENTRAL LIBRARY FOIRTWORTH pm PUBLIC LIBRY KENNETH BARR BOB TERRELL MAYOR CITY MANAGER t Hugo Malanga, P.E. Director, Transportation and Public Works, Gleniece Robinson Library Director A Architectural Sjervices Section E ; 1 R Building S'ervices Divisi ' S temb�er.. 000 4 t AeL RD City of Fort Worth, Texas 4Vnyor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/5/00 **C-18374 20SMITH 1 of 2 SUBJECT AWARD OF CONTRACT TO SMITH'S PAINTING FOR EXTERIOR PAINTING OF THE CENTRAL LIBRARY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Smith's Painting for the exterior painting of the Central Library, in the amount of $58,600 and for a duration of 90 calendar days. DISCUSSION: The exterior facade of the Central Library was damaged by wind-blown debris during the tornado. The library will be painted with a waterproofing elastomeric paint. The Transportation and Public Works Department, Building Services Division, prepared the bid documents. The project was advertised for bid on September 28 and October 5, 2000. On October 26, 2000, the following bids were received: BIDDERS BID DAYS Smith's Painting 58,600 90 Bryco $ 64,395 60 Frontier Waterproofing, Inc. $ 75,146 90 R. J. Miller and Associates $ 87,120 90 Brazos Restoration &Waterproofing, Inc. $ 87,800 100 Allied Builders, Inc. $ 91,700 60 A-Agape Contracting, Inc. $111,982 90 Mid-Continental Restoration Company, Inc. $112,500 90 Bluebonnet Waterproofing, Inc. $127,330 105 Artistic Painting Company, Inc. $134,650 140 Western Waterproofing Company of America $182,956 180 A waiver of the M/WBE requirement was requested and approved by the M/WBE Office because the purchase of goods or services is from a source where subcontracting or supplier opportunities are negligible. The Central Library is located in COUNCIL DISTRICT 9. City of Fort Worth, Texas "avow and coun"KCommunication DATE REFERENCE NUMBER LOG NAME PAGE 12/5/00 **C-18374 20SMITH 2 of 2 SUBJECT AWARD OF CONTRACT TO SMITH'S PAINTING FOR EXTERIOR PAINTING OF THE CENTRAL LIBRARY FISCAL INFORIVIATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED- Originating Department Head; COUNC ., Hugo Malanga 7801 (from) DEC 5 20 GR76 539120 020032800010 $58,600.00 Additional Information Contact: 0,0.� -itv Secretar,;of the d.'iry 6f Fort Worth,Texas Hugo Malanga 7801 From:871-8488 To:Unda Taylor Date:10119/2000 Time:9:00:36 AM Page 2 of 3 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 PAINT EXTERIOR CENTRAL LIBRARY TPW 2000-025 Bid Opening Date: October 26, 2000(NO CHANGE) The Contract Documents and Specifications for the above referenced project are hereby revised and amended as follows.- The ollows:The mandatory Prebid Conference was held at 2:00 PM, October 10, 2000. The following contractors and suppliers attended: Harris Bob A-AGAPE Painting Ogbolu Philip Allied Builders, Inc. Favia Jody Artistic Painting Co. Bastard Jorge Bamex Painting Co. Hafner Brett Blue Bonnett Waterproofing Cook Brad BPC Johnston Walt Brazos Restoration Walker S Scott BRYCO Redmond Matt Centennial Moisture control Crider Rick Frontier Waterproofing Kasper David K C Construction Services Kurosky Gary Kurosky and Co. Painting Contractors, Inc Thomas William Lonestar Waterproofing Kinsel Howard Mid-Continental Restoration Co, Inc. Kovacs Steve Pinnacle Protective systems Morgan Mark R. J. Miller and Assoc Christian Mike RTC Waterprofing and Restoration Lee Tony Smith Painting Housewright Robert Sonneborn Kovacs Marshall Sonneborn Daggett Edwin Western Water Proofing Thompson Carlton White Stone Contractor General Clarifications 1. Adequate protection of brick pavers, dampproofing, glass, insulated lines, roofing and all other adjacent exterior surfaces is required. Any damage documented during construction will be repaired at the contractor's expense. No spraying of painting materials will be allowed. 2. Sealing the area between the metal cap and fagade vertical wall surface with NP-1 sealant will not be required. Sonneborn representatives agreed upon further review of the parapet details that ample waterproofing already exists as built. 3. Clarification of the required painting areas in northwest mechanical yard (see drawing A3.03, area bounded by Grid Lines A,7 to A,9 &C,7 to C,9): paint w/specified elastomehc paint all stucco and block walls within area above per Section 09830, Section 3.03 of project specifications; color to match existing. Addendum 1 Page 1 of 2 From:871-8488 To:Ur da Taylor Date:10119/2000 Time:9:00:36 AM Pape 3 of 3 4. Paint all exterior metal fences and gates(see drawing A3.03, courtyards at Grid Lines: E to F. 1; H.5 to K.5, 1; N to O, 1 and H.5 to K.5, 9). Prep metal above prior to painting per manufacturer's specifications for pre-existing painted exterior metal including, but not limited to, welded connection prep and existing alkyd enamel prep; paint with one coat of Jones Blair Rust-Not alkyd Primer (tint base## 1971) and two coats of Jones Blair Rust-Not alkyd High Gloss exterior enamel; color to be chosen by City Construction Manager. 5. Work includes EIFS and stucco on Main Entry rooftop pediment on all sides. Work does not include two small rooftop air handler stucco pediments. 6. Elastomeric paint colors are to match existing original Dryvit `Central Library" colors. City Construction Manager will provide color samples to successful bidder. 7. All EIFS, stucco and GFRC repairs found necessary during the course of construction as determined by the successful bidder and the City Construction Manager will be repaired by change order (according to the General Conditions) by Exterior Wall Systems (Steven Wayne, (214)392-5469),who currently holds the fagade repairs warranty. 8. Site contact for egress, rooftop access, etc. is Mike Pease, City of Fort Worth TPW Dept. Building Equipment Operator, (817)998-0237. 9. Clarification on wording in Section 3.03 H. regarding sealant application @ juncture details: the words 'as necessary" denote locations where cracking has occurred. The successful bidder, in coordination with the manufacturer, must determine the extent of sealing necessary to provide the required warranty as specified. Acknowledge the receipt of this addendum on your Proposal. H. A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS By: Mike Mathews, Architectural Services 817-8714PHONE), Fax 871-8488 RELEASE DATE: October 19, 2000 Addendum 1 Page 2 of 2 NOTICE TO BIDDERS Sealed bids for Paint Exterior,TPW 2000-025,Central Library, 500 West Third Street, Fort Worth,will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M.,Thursday, October 26,2000, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. A mandatory Pre-Bid Conference will be held at 2:00 PM,Tuesday, October 10,2000, at the Board Room, Basement Level, Central Library. The project consists of painting the exterior stucco, GFRC columns and EFIS shell with elastomeric paint. MWBE requirements are waived for this project. Contractors are required to provide written intent to warrant from manufacturer within 5 business days of bid opening. Contractors will be required to post Payment and Performance Bonds and provide Contractors General Liability(including Statutory Builder's Risk)and Statutory Workers Compensation Coverage. Copies of the Project Manual and plans for this project may be obtained at the Department of Engineering Plans Desk, City Hall, 1000 Throckmorton Street(817.871.7910) in return for a $25 deposit for each set. For additional information contact Bill Matysek, Building Services Division, 817-871-8078. Advertisement: September 28, 2000 October 5, 2000 TABLE OF CONTENTS NOTICE TO BIDDERS TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS PROPOSAL GENERAL CONDITIONS WEATHER TABLE WAGE RATES TECHNICAL SPECIFICATIONS 01010 SUMMARY OF WORK 09830 ELASTOMERIC PAINT FORM OF CONTRACT PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW DRAWINGS A3.0.3 FLOOR PLAN A3.1.3 SOUTH ELEVATION AND PLAN A3.2.3 NORTH ELEVATION AND PLAN A3.3.3 EAST AND WEST ELEVATIONS AND PLANS A3.4.3 MISCELLANEOUS ELEVATIONS AND PLANS INSTRUCTIONS TO BIDDERS 1. PROPOSAL 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 specified • 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 for this prgject 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 consid- ered 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. 5. PRE-BID SITE INVESTIGATION: 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 clearness 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 propos- al. 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 Environmental Management Department, with the Proposal -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 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: 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. PERMITS: 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. 14. CONTRACT 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 City's 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: PLAN DEPOSIT: The City will deposit plan deposit checks to its account six weeks 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 w 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 i I' PROPOSAL T0: MR. BOB TERRELL CITY MANAGER CITY OF FORT WORTH, TEXAS FOR: PAINT EXTERIOR TPW 2000-025 CENTRAL LIBRARY 503 WEST THIRD STREET, 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/or 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 Base Bid $58, 600. 00 ' The undersigned agrees to complete the Work within 90 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 must 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. A. U Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. U Non-resident vendors in (give state), are not required to underbid resident bidders. B. ** 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 N/A —Dollars($ —0_ 1 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. LMINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000) • 1 am aware that I must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be RESPONSIVE. LRespectfully submitted, Smith ' s Painting Company N .' By: ,d 2 712 Signature LReginald D. Smith Presidentt Printed Name of Principal Title Address: 1123 Winston Street Irving, Texas 75060 " City Zip Phone:(972 ) 399-1729 Fax: (972 ) 721-1393' Receipt is acknowledged of the following addenda: Addendum No. 1: yes Addendum No.2: no `r 4,J City of Fort Worth, Texas Transportation/Public Works Department Building Services Division/Architectu>al Services Section GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SECTION A Articles,or other Subdivisions shall not be binding upon the DEFINITIONS,PROCEDURES AND INTERPRETATIONS contractor in dividing the work among Subcontractors or Trades. A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents A-8 INTERPRETATIONS. The Architect will furnish setting forth or affecting the rights of the parties, including such Interpretations of the Plans and Specifications as may but not necessarily limited to, the Contract, Notice to be necessary for the proper execution or progress of the Bidders, Proposal, General Conditions, Special Conditions, work. Such Interpretations shall be furnished at the instance Specifications, Plans,Bonds and all Addenda,Amendments of the Architect or at the request of the Contractor,or Owner, signed by all parties, Change Orders, written Interpretations and will be issued with reasonable promptness and at such and any written Field Order for a minor change in the Work. times and In accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with A-2 ENTIRE AGREEMENT. The Contract Documents the purposes and intent of the Plans and Specifications and represent the entire agreement between the Parties,and no may be effected by Field Order. In the event of any dispute prior or contemporaneous, oral or written agreements, between any of the parties to the Contract and the Architect instruments or negotiations shall be construed as altering the or each other involving the interpretation of the Contract terms and effects of the Contract Documents. After being Documents,the evaluation of work or materials performed or executed, the Contract Documents can be changed only by furnished by the Architect Contractor, or any subcontractor a written Amendment signed by the Contractor and the or materialsman,or involving any question of fault or liability Owner, or Change Order, or by a written Field Order for a of any party, the decision of the Owner shall be final and minor change. binding. A-3 (WORK. By the term Work is meant all labor, In the event of inconsistency in the contract documents, the supervision,materials and equipment necessary to be used following sequence for interpretation shall be used in order or incorporated in order to produce the construction required of precedence: Change Orders and/or Field Orders(by date by Contract Documents. of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical A-4 EXECUTION OF THE CONTRACT Specifications; Special Provisions; Supplementary General DOCUMENTS. The Contract Documents shall be executed Conditions;General Conditions;and,Construction Contract in six originals, with all required attachments, including required bonds and insurance certificates, by the Contractor A-9 COPIES OF WORKING DRAWINGS AND and the Owner in such form as may be prescribed by law SPECIFICATIONS. The Architect will furnish to Contractor and returned to the Owner within ten business days of free of charge 15 sets of working Drawings and 15 sets of notification to Contractor. Failure to execute contracts and Specifications. Contractor shall pay the cost of reproduction provide required enclosures will be grounds for revocation of for all other copies of Drawings and Specifications furnished award and taking of Bid Bond. to him. A-5 FAMILIARITY WITH PROPOSED WORK. Before All Drawings,Specifications and copies thereof furnished by filing a bid, the bidder shall examine carefully the proposal, the Owner of the Architect are and shall remain the property plans, specifications, special provisions, and the form of of the Owner. They are not to be used on any other project contract to be entered into for the work contemplated. He and,with the exception of one Contract set for each Party to shall examine the site of work and satisfy himself as to the the Contract,are to be returned to the Owner on request at conditions that will be encountered relating to the character, the completion of the work. quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be A-10 MINORITY AND WOMENS BUSINESS considered evidence that he has complied with these ENTERPRISE POLICY. The City of Fort Worth has'goals requirements and has accepted the site as suitable for the for the participation of disadvantaged business enferprises In work. City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a Claims for additional compensation due to variations responsive bidder. The City policy and procedures to be between conditions actually encountered in construction and followed in submitting bids Is included. as indicated by the plans will not be allowed. The City of Fort Worth MWBE Program will take precedence A-8 ONE UNIFIED CONTRACT. Insofar as possible, over other subcontractor utilization programs on Block Grant the Contract Documents will be bound together and and other Federally funded Projects. executed as a single unified Contract, the Intention of the Contract Documents being to provide for all labor, A-11 CORRELATION AND INTENT. In general, the supervision,materials,equipment and other items necessary drawings indicate dimension,locations,positions,quantities, for the proper execution and completion of the Work. Words and kinds of construction; the specifications indicate the that have well-recognized technical or trade meanings are quality and construction procedures required. Work used herein in accordance with such recognized meanings. indicated on the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not A-7 DIVISION OF WORK. The arrangement of detailed, marked or specified shall be the same as similar Drawings and/or Specifications into Divisions, Sections, parts that are detailed, marked or specified. If the drawings Pagel of 24 General Conditions for Construction,Fort Worth,6/20/2000 are in conflict or conflict with the specifications the better B-2 TERMINATION AND SUSPENSION OF WORK: quality or greater quantity or work or materials shall be The Owner has the right to terminate the Project for any estimated and shall be furnished or included. Dimensions reason. If the project is terminated,the Contractor shall: on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment,piping, a) Stop work under the Contract on the date and to ductwork, electrical apparatus, etc., are diagrammatic and the extent specified on the notice of termination. job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects b) Place no further orders or subcontracts except as approval. may be necessary for the completion of the work not terminated. A-12 AGE, In accordance with the policy ("Policy') of the Executive Branch of the federal government, Contractor c) Terminate all orders and subcontracts to the covenants that neither It nor any of Its officers, members, extent that they relate to the performance of the work agents, employees, program participants or subcontractors, terminated by the notice of termination. while engaged in performing this contract, shall, in connection with the employment,advancement or discharge After termination as above, the City will pay the contractor a of employees or in connection with the terms, conditions or proportionate part of the contract price based on the work privileges of their employment,discriminate against persons completed; provided, however, that the amount of payment because of their age except on the basis of a bona fide on termination shall not exceed the total contract price as occupational qualification, retirement plan or statutory reduced by the portion thereof allocatable to the work not requirement. completed and further reduced by the amount of payments, if,any otherwise made. Contractor shall submit its claim for Contractor further covenants that neither it nor its officers, amounts due after termination as provided in this paragraph members, agents, employees, subcontractors, program within 30 days after receipt of such claim. In the event of participants, or persons acting on their behalf, shall specify, any dispute or controversy as to the propriety or allowability in solicitations or advertisements for employees to work on of all or any portion of such claim under this paragraph,such this contract, a maximum age limit for such employment dispute or controversy shall be resolved and be decided by unless the specified maximum age limit is based upon a the City Council of the City of Fort Worth, and the decision bona fide occupational qualification, retirement plan or by the City Council of the City of Fort Worth shall be final statutory equipment. and binding upon all parties to this contract Contractor warrants it will fblly comply with the Policy and B-3 DUTIES OF THE ARCHITECT As used herein, will defend, Indemnify and hold City harmless against any the term Architect means the Architect or his authorized claims or allegations asserted by third parties or subcontrac- representative. Nothing contained in these Contract for against City arising out of Contractor's and/or its Documents shall create any privily of Contract between the subcontractors' alleged failure to comply with the above Architect and the Contractor. referenced Policy concerning age discrimination in the performance of this agreement. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER The Architect will provide general administration of A-13 DISABILITY: In accordance with the provisions of the Contract on behalf of the Owner and will have authority r the Americans With Disabilities Act of 1990 ("ADA"), to act as the representative of the Owner to the extent Contractor warrants that it and any and all of its provided In the Contract Documents unless changed in subcontractors will not unlawfully discriminate on the basis of writing by the Owner. The Architect will be available for disability in the provision of services to the general public, conferences and consultations with the Owner or the nor in the availability,terms and/or conditions of employment Contractor at all reasonable times. for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants B-5 ACCESS TO JOB SITES. The Architect shall at It will fully comply with ADA provisions and any other all times have access to the Work whenever it is in applicable federal,state and local laws concerning disability preparation and progress. The Contractor shall provide and will defend, indemnify and hold City harmless against facilities for such access so the Architect may perform its any claims or allegations asserted by third parties or assigned functions under the Contract Documents. subcontractors against City arising out of Contractors and/or its subcontractors' alleged failure to comply with the The Architect will make periodic visits to the Site to above-referenced laws concerning disability discrimination in familiarize himself with the progress and qualityof the work the performance of this agreement. and to determine If the work Is proceeding in accordance with the Contract documents. On the basis of on-site observations, the Architect will keep the Owner informed of Me progress of the Work and will endeavor to guard the SECTION B Owner against defects and deficiencies in the Work of the IDENTITY OF ARCHITECT Contractor. Based upon such observations and the Contractors applications for payments, the Architect will B-1 CONTRACT ADMINISTRATION. Where the term make determinations and recommendations concerning the "Architect is used in the"General Conditions of the Contract amounts owing to the Contractor and will issue certificates for Construction",it shall refer to the Director.Transportation for payment amounts. and Public Works or his designated Project Manager. The Director, Transportation will designate a Project Manager B-6 INTERPRETATIONS. The Architect will be,in the and Construction Manager to administer this contract and first instance,the interpreter of the requirements of the Plans perform the functions of the "Architect" as indicated in the and Specifications and the judge of the performance General Conditions. The design architect or engineer may thereunder by the Contractor,subject to the final decision of also be designated to perform the duties of"Architect". the Owner. Page 2 of 24 General Conditions for Construction,Fort Worth,6/20/2000 The Architect's decisions in matters relating to artistic effect and that the locations of utilities and other obstacles to the will be final if consistent with the intent of the Contract prosecution of the Work as shown on the Owner's survey Documents. are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage B-7 AUTHORITY TO STOP W09K. The Architect will by virtue of any inaccuracies or deficiencies in such surveys. have authority to reject work that does not conform to the The Owner shall secure and pay for title to'the site and all Plans and Specifications. In addition,-whenever, in its necessary permanent or construction easements. The reasonable opinion, the Architect considers it necessary or Owner will cooperate with the Contractor in the prosecution advisable in order to insure the proper realization of the of the Work in such manner and to such extent as may be intent of the Plans and Specifications,the Architect will have reasonable and shall furnish information under its control authority to require the Contractor to stop the Work or any with reasonable promptness at the request of the Contractor. portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated, C-3 INSTRUCTIONS. The Owner shall issue all installed or completed. instructions to tate Contractor through the Architect. B-8 MISCELLANEOUS DUTIES OF ARCHITECT. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation Strap Drawings. The Architect will review Shop Drawings and progress. The Contractor shall provide facilities for such and Samples as provided in Section D. Two copies of each access so the Owner may perform its assigned functions approved Shop Drawing and submittal will be provided to the under the Contract Documents. Owner by the Architect. C-5 PROGRESS INSPECTIONS. The Owner and the Chan9e Orders, Change Orders and Field Orders for Minor Architect will make visits to the Site to familiarize themselves Changes in the Work will be issued by the Owner through with the progress and quality of the Work and to determine if the Architect in accordance with the provisions of Section L. the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and Guarantees. The Architect will receive on behalf of the reports provided by the Architect concerning the progress Owner all written guarantees and related documents and quality of the work, the Owner will approve and required of the Contractor. Upon completion of the project authorize the Contractor's applications for payments. the Contractor shall provide the Architect five copies of each guarantee. The Architect will provide three copies of each C-6 AUTHORITY TO STOP WORK. The Owner will guarantee to the Owner. I have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable Inspections The Architect will conduct inspections for the opinion, the Owner considers it necessary or advisable in purpose of determining and making his recommendations order to insure the proper realization of the intent of the concerning the dates of substantial completion and final Plans and Specifications, the Owner will have authority to completion. require the Contractor to stop the work or any portion thereof,or to require the Contractor to stop the Work or any Operation and Maintenance Manuals The Architect will portion thereof, or to require special inspection or testing of receive on behalf of the Owner, six copies of all applicable the Work whether or not such Work be then fabricated, equipment installation, operation, and maintenance installed or completed. brochures and manuals required of the Contractor. The Architect will provide three copies of this information to the C-7 SUBSTANTIAL COMPLETION INSPECTION. Owner. Upon agreement of the Contractor and Architect that the Work is substantially complete, the Owner will schedule a B-9 TERMINATION OF THE ARCHITECT. In case of Substantial Completion Inspection to be conducted by the the termination of the employment of the Architect by the Architect and attended by representatives of the Architect, Owner, the Owner shall either assume the duties of the Owner and Contractor.Items identified during this Inspection Architect through the Director of the Department of as being incomplete, defective or deficient shall be Transportation and Public Works, or shall appoint a incorporated into a punch list to be prepared by the Architect successor Architect against whom the Contractor makes no and attached to the AIA document G704, which is to be reasonable objection. prepared and signed by the Contractor, and accepted, approved and signed by the Owner. SECTION C OWNER C-8 RIGHT TO AUDIT: C-1 IDENTIFICATION. By the term Owner is meant Contractor agrees that the City shall, until the expiration of the City of Fort Worth acting herein by its duly authorized three years after final payment under this contract, have representatives in the manner provided by law. Authorized access to and the right to examine any directly pertinent representatives include the City Manager, Assistant City books, documents, papers and records of the contractor Manager, the Director and of Transportation and Public involving transactions relating to this contract Works Department and members of the Building Services Division. Generally speaking a designated representative Contractor further agrees to include in all his subcontracts will be identified from within the Building Services Division to hereunder a provision to the effect that the subcontractor act as a point of contact for day to day contract agrees that the City shall, until the expiration of three years administration. after final payment under the subcontract, have access to and the right to examine any directly pertinent books, C-2 DUTIES OF THE OWNER. The Owner shall documents, papers and records of such subcontractor, furnish surveys describing the physical characteristics, legal involving transactions to the subcontract The term limits and utility locations for the site of the Work; provided, 'subcontract'as used herein includes purchase orders. however, that the Contractor hereby covenants that he has Inspected the premises and familiarized himself therewith Page 3 of 24 General Conditions for Construction,Fort Worth,6/20/2000 Contractor agrees to photocopy such documents as may be employed on the Work under this Contract. The Contractor requested by the city. The city agrees to reimburse agrees to pay at least the minimum wage per hour for all Contractor for the costs of copies at the rate published in the labor as the same is classified and set out by the City of Fort Texas Administrative Code. Worth,Texas,a copy of which is attached hereto and made a part hereof the same as If it were copies verbatimtierein. SECTION D D-8 WARRANTY. The Contractor warrants to the CONTRACTOR Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise D-1 IDENTIFICATION. The Contractor is the person specified,and that all work will be of good quality,free from or organization identified as such in the Contract. The term faults and defects, and In conformance with the Contract Contractor means the Contractor or his authorized Documents. All work not so conforming to these standards representative. may be considered defective. If required by the Architect or the Owner,the Contractor shall furnish satisfactory evidence D-2 INDEPENDENT CONTRACTOR Contractor shall as to the kind and quality of materials and equipment. perform all work and services hereunder as an independent contractor,not as an officer,agent,or employee of the City. The warranty provided in this Section shall be in addition to Contractor shall have exclusive control of and the exclusive and not in limitation of any other warranty or remedy right to control the details of the work and services provided by law or the Contract Documents. performed hereunder,and all persons performing same,and Contractor shall be solely responsible for the acts and D-9 TAXES. The Contractor is exempt from State omissions of its officers,agents,and employees. Nothing Sales Tax on material incorporated into the finished herein shall be construed as creating a partnership or joint construction,Excise and Use Tax. enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat D-10 LICENSES, NOTICES AND FEES. The superior shall not apply. Contractor shall obtain all Permits, Licenses, Certificates, and Inspections,whether permanent or temporary, required D-3 SUBLETTING It is further agreed that the by law or these Contract Documents. performance of this Contract,either in whole or in part,shall not be sublet or assigned to anyone else by said Contractor The Contractor shall give all Notices and comply with all without the written consent of the Director of Transportation Laws, Ordinances, Rules, Regulations and Orders of any and Public Work's of the Citpof Fort Worth. public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that bearing on D-4 REVIEW OF CONTRACT DOCUMENTS. The the performance of the Work. If the Contractor observes or Contractor shall carefully study and compare the Agreement, becomes aware that any of the Contract Documents are at Conditions of the Contract, Drawings, Specifications, variance therewith in any respect, he shall promptly notify Addenda and modifications and shall at once report to the the Architect in writing and any necessary changes will be Owner and to the Architect any error, inconsistency or made.If the Contractor performs any Work knowing that it is omission he may discover.The Contractor shall do no work in violation of, or contrary to, any of such Laws, Statutes, without Drawings,Specifications and Interpretations. Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect, the Contractor will D-5 SUPERVISION. The Contractor shall supervise assume full responsibility therefor and bear all costs and direct the Work, using his best skill and attention. He attributable thereto. shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for D-11 CASH ALLOWANCES. The Contractor shall coordinating all portions of the Work under the Contract include in the Contract Sum all allowances stated in the Documents. Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded D-6 LABOR AND MATERIALS. Unless otherwise at the site, and all applicable taxes. The Contractor's specifically noted,the Contractor shall provide and pay for all handling costs on the site,labor,installation costs,overhead, labor, materials, equipment, tools, construction equipment profit and other expenses contemplated for the original and machinery,water,heat,utilities,transportation and other allowance shall be included in the Contractor Sum and not in facilities and services necessary for the proper execution the allowance.The Contractor shall cause the Work covered and completion of the Work. by these allowances to be performed for such amounts and by such persons as the Architect may direct, but he will not The successful low bidder will use its reasonable best efforts be required to employ persons against whom he makes a to hire local laborers, workmen and materialmen. The reasonable objection. If the cost, when determined, is more general condition is not to be constructed as limiting the right than or less than the allowance, the Contract Sum shall be of any bidder to employee laborers,workmen or materialmen adjusted accordingly by Change Order which will include from outside local area. additional handling costs on the site,labor,installation costs, field overhead, profit and other direct expenses resulting to The Contractor shall at all times enforce strict discipline and the Contractor from any increase over the original allowance. good order among his employees, and shall not employ on the Work any unfit person or anyone not skilled in the task D-12 SUPERINTENDENT. The Contractor shall assigned to him. employ a competent superintendent and necessary assistants who shall be in attendance at the Project site D-7 PREVAILING WAGE RATE. The Contractor during the progress of the Work.The superintendent shall be agrees to pay not less than the general prevailing rate of per satisfactory to the Contractor and the Owner. The diem wages for Work of a similar character in the locality in superintendent shall represent the Contractor and all which the Work Is performed, and not less than the general communications given to the superintendent shall be binding prevailing wage of per diem wages for a legal holiday and as if given to the Contractor. Important communications will overtime work to all laborers, workmen and mechanics Page 4 of 24 General Conditions for Construction,Fort Worth,6/20/2000 be confirmed in writing. Other communications will be so Samples shall be properly identified as specified, or as the confirmed on written request in each case. Architect may require. At the time of submission the Contractor shall inform the Architect in writing of any D-13� RESPONSIBILITIES FOR EMPLOYEES AND deviation in the Shop Drawings or Samples from the UH-CONTRACTORS. The Contractor shall be responsible requirements of the Contract Documents. to the Owner for the acts and omissions of all his employees and all Sub-contractors,their agents and employees,and all By approving and submitting Shop Drawings and Samples, other persons performing any of the Work under a contract the Contractor thereby represents that he has determined with the Contractor, and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and 0-14 FAILURE TO COMMENCE WORK: Should the that he has checked and coordinated each shop drawing Contractor fail to begin the work herein provided for within given in the Contract Documents.The Architect's approval of the time herein fixed or to carry 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 cost 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 tend 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 with the Contractor's monthly progress payment requests. No portion of the Work requiring a Shop Drawing or Sample 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 accordance 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. Page 5 of 24 General Conditions for Construction,Fort Worth,6/20/2000 Owner and Architect to make an objection to any person or D-20 FIELD OFFICES AND SHEDS The Contractor is organization on the list prior to the award of this Contract not required to provide a temporary field office or telephone shall not constitute acceptance of such person or for projects under $500,000. Contractor shall equip the organization. Project Superintendent with a pager and provide 24-hour contacts to the City. If,prior to the award of the Contract,the Owner or Architect has an objective to any person or organization on such list, D-21 TRENCH SAFETY The Contractor shall be and refuses to accept such person or organization, the responsible for all design and implementation of trench apparent low bidder may,prior to the award,withdraw his bid shoring and stabilization to meet regulatory requirements. If without forfeiture of bid security. If such bidder submits an the Proposal requires,the Contractor shall include a per unit acceptable substitute, the Owner may, at its discretion, cost for trench safety measures in his bid. If not included in accept the bid or he may disqualify the bid. If, after the the Proposal, the Contractor shall include a cost for trench award, the Owner or Architect objects in writing to any 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 shalt 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 clean 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, clean hardware, subcontracting thereof will not prejudice such rights; remove paint spots and smears from all surfaces, clean 2. require that such Work be performed in accordance fixtures and wash all concrete,file and terrazzo floors. with the requirements of the Contract Documents; If the Contractor fails to clean up,the Owner may do so,and 3. require submission to the Contractor of applications for the cost thereof shall be charged 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 organization who has a direct contract with the Contractor to 5. waive all rights the contracting parties may have perform any of the Work at the site.The term Subcontractor against one another for damages caused by fire or Is referred to throughout the Contract Documents as if other perils covered by the property insurance, except singular in number and masculine in gender and means a such rights, if any, as they may have to proceeds of Subcontractor or his authorized representative. such insurance held by the Owner,and, 6. obligate each Subcontractor specifically to consent to 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 Owner and the Architect,whether furnish a list of the names of the subcontractors or other physically included in the sub-contraa not such provisions are ct 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 (MANBE). 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 to any person or organization on such list. Failure of the incorporated In these Specifications by reference.A copy of Page 6 of 24 General Conditions for Construction,Fort Worth,6/20/2000 the Ordinance may be obtained from the Office of the City 3. Submit a REQUEST FOR APPROVAL OF CHANGE Secretary. Failure to comply with the Ordinance shall be a FORM,if the contractor desires to change or delete any material breach of contract. of the M/WBE subcontractors or suppliers. The M/WBE UTILIZATION FORM,M/WBE GOALS WAIVER Justification for change may be granted for the following: FORM and GOOD FAITH EFFORT FORM, as applicable, must be submitted within five city business days after bid 1. Failure of subcontractor to provide evidence of opening. Failure to submit the post bid information shall coverage by Workers'Compensation Insurance render the bid non-responsive. 2. Failure of subcontractor to provide required general The City will consider the contractots performance on other liability or other insurance. City Projects regarding its M/WBE program in the evaluation of bids.Failure to comply with the City's M/WBE program,or 3. Failure of subcontractor to execute a standard to demonstrate a "good faith effort". shall result in a bid subcontract form in the amount of the proposal used by being considered irresponsible. the Contractor in preparing his M/WBE Participation plan Upon request, Contractor must provide the City with complete and accurate information regarding actual work 4. Default by the M/WBE subcontractor or supplier in the performed by a Minority or Women Business Enterprise performance of the subcontract. (M/WBE) on the contract and proof of.payment thereof. Contractor further agrees to permit an audit and/or Other reasons at the discretion of the M/WBE Coordinator examination of any books, records or files in It's possession that will substantiate the actual work performed by an M/ Within ten days after final payment from the City the WBE. The misrepresentation of acts(other than a negligent contractor shall provide the M/WBE Office with misrepresentation) and/or the commission of fraud by the documentation to reflect final participation of each M/WBE Contractor will be grounds for termination of the contract subcontractor and supplier used on the project. and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further E-5 PAYMENTS TO SUBCONTRACTORS. The any such misrepresentation (other than a negligent Contractor shall pay each Subcontractor, upon receipt of misrepresentation)and/or commission of fraud will result on payment from the Owner, an amount equal to the the Contractor being determined to be irresponsible and percentage of completion allowed to the Contractor on barred from participating in`City work for a period of time of account of such Subcontractor's Work.The Contractor shall not less than three years. also require each Subcontractor to make similar payments to his subcontractors. Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to If the Architect refuses to issue a Certificate for Payment for issuance of the Notice to Proceed. Contractor shall also any cause which is the fault of the Contractor and not the provide monthly reports on utilization of the subcontractors fault of a particular subcontractor, the Contractor shall pay to the Construction Manager. that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued, The Contractor may count first and second tier for his Work to the extent completed, less the retained subcontractors and/or suppliers toward meeting the goals. percentage. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal The Contractor shall pay each Subcontractor a just share of to the percentage of the M/WBE participation in the joint any insurance monies received by the Contractor, and he venture for a clearly defined portion of the work to be shall require each Subcontractor to make similar payments performed. All subcontractors used in meeting the goals to his Subcontractors. must be certified prior to the award of the Contract. The Architect may,on request and at its discretion,furnish to Whenever a change order affects the work of an M/WBE any Subcontractor, if practicable, information regarding subcontractor or supplier, the M/WBE shall be given an percentages of completion certified to the Contractor on opportunity to perform the work. Whenever a change order account of Work done by such Subcontractors. is in excess of 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work Neither the Owner nor the Architect shall have any obhgation to be performed under the change order, to pay or to see to the payment of any monies to any Subcontractor. During the term of the contract the contractor shall: SECTION F 1. Make no unjustified changes of deletions in it's M/WBE SEPARATE CONTRACTS participation commitments submitted with or subsequent to the bid,and, F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions 2. If substantial subcontracting and/or substantial supplier of the Work. When separate contract are awarded for other opportunities arise during the term of the contract which portions of the Work, "the Contractor" in the Contract the contractor had represented he would perform with Documents in each case shall be the contractor who signs his forces, the contractor shall notify the City before each separate contract. subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as F-2 MUTUAL RESPONSIBILITY OF determined by the City,and, CONTRACTORS. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution Page 7 of 24 General Conditions for Construction,Fort Worth,6/20/2000 of their work, and shall properly connect and coordinate his G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. work with theirs. In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort If any part of the Contractor's Work depends for proper Worth in connection with this Contract, or in exercising any execution or results upon the work of any other separate of the powers granted the Owner herein,the officers,agents contractor, the Contractor shall inspect and promptly report and employees of the City of Fort Worth are engaged in the to the Architect any apparent discrepancies or defects in performance of a governmental function and shall not incur such work that render it unsuitable for such proper execution any personal liability by virtue of such performance and results. Failure of the Contractor to inspect and report hereunder,except for gross negligence or willful wrong. shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects G-4 COMPLIANCE WITH LAWS. Contractor agrees which may develop in the other separate contractor's work the comply with all laws, Federal, state and local, including after the execution of the Contractor's Work. all ordinances, rules and regulations of the City of Fort Worth, Texas. Materials Incorporated into the finished Should the Contractor cause damage to the work or property Project are not subject to State Sales Tax. of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by Contractors are responsible for obtaining construction agreement, if he will so settle. If such separate contractor permits from the governing agencies. Contractor shall sues the Owner on account of any damage alleged to have schedule all code inspections with the Code Inspection been so sustained, the Owner shall notify the Contractor Division in accordance with the permit requirements and who shall defend against such suit at the Contractor's submit a copy of updated schedule to the Construction expense, and if any judgment against the Owner arises manager weekly. Building, plumbing, electrical and therefrom,the Contractor shall pay or satisfy such judgment mechanical building permits are issued without charge. and shall reimburse the Owner for all attorney's fees, court Water and sewer access fees will be paid by the City. Any costs and expenses which the Owner has incurred in other permit fees are the responsibility of the Contractor. connection with such suit. G-5 INDEMNIFICATION: Contractor covenants and F-3 CUTTING AND PATCHING UNDER SEPARATE agrees to indemnify City's engineer and architect, and their CONTRACTS. The Contractor shall do all cutting, fitting or personnel at the project site for Contractors sole negligence. patching of his Work that may be required to fit it to receive In addition, Contractor covenants and agrees to indemnify, or be received by the work of other contractors shown in the hold harmless and defend, at its own expense, the Owner, Contract Documents.The Cbntractor shall not endanger any its officers, servants and employees, from and against any work or any other contractors by cutting, excavating or and all claims or suits for property loss, property damage, otherwise altering any work and shall not cut or alter the personal injury,Including death, arising out of,or alleged to work of any other contractor except with the written consent arise out of, the work and services to be performed of the Architect. hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any Any costs caused by defective or ill-timed work shall be such Igjur& damage or death/s caused. In whole or in bome by the party responsible therefor. vara by the negligence or alleged negligence of Owner. Its officers. servants. or employees. Contractor likewise F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute covenants and agrees to indemnify and hold harmless the arises between the separate contractors as to their Owner from and against any and all injuries to Owners responsibility for cleaning up, the Owner may clean up and officers, servants and employees and any damage, loss or charge the cost thereof to the several contractors as the destruction to property of the Owner arising from the Director of the Department of Transportation and Public performance of any of the terms and conditions of this Works shall determine to be just Contract, whether or not any such Iniury or damage Is caused In whole or In Hart by the negligence or alleged SECTION G negligence of Owner. Its ofNcers. servants or MISCELLANEOUS PROVISIONS employees. G-1 CONFLICT OF LAWS. The law of the place In the event Owner receives a written claim for damages where the site is located shall govern the Contract. The against the Contractor or its subcontractors prior to final Contractor must familiarize himself and strictly comply with payment, final payment shall not be made until Contractor all Federal, State, and County and City Laws, Statutes, either (a) submits to Owner satisfactory evidence t11at the Charter, Ordinances, Regulations, or Directives controlling claim has been settled and/or a release from the claimant the action or operation of those engaged upon the work involved, or (b) provides Owner with a letter from affecting the materials used. He shall Indemnify and save Contractors liability insurance carrier that the claim has harmless the City and all of its officers and agents against been referred to the insurance carrier. any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, The Director may, if he deems it appropriate, refuse to or Directives,whether by himself, his employees, agents or accept bids on other City of Fort Worth public work from a subcontractors. Contractor against whom a claim for damages Is outstanding as a result of work performed under a City Contract G-2 GOVERNING LAWS. It is mutually agreed and understood that this agreement is made and entered into by G-6 SUCCESSORS AND ASSIGNS. Except as the parties hereto with reference to the existing Charter and provided in Paragraph E-2, this contract shall be binding Ordinances of the City of Fort Worth and the laws of the upon and insure to the benefit of the parties hereto, their State of Texas with reference to and governing all matters Successors or Assigns.Contractor shall not assign or sublet affecting this Contract, and the Contractor agrees to fully all or any part of this Contract or his rights or duties comply with all the provisions of the same. hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void. Page 8 of 24 General Conditions for Construction,Fort Worth,6/20/2000 reason to believe that the design, process or product G-7 WRITTEN NOTICE. Written Notice shall be specified is an infringement of a patent, he shall be deemed to have been duly served if delivered in person to responsible for such loss unless he promptly gives such the individual or member of the firm or to an officer of the Information to Architect. corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business G-11 TESTS. If the Contract Documents, Laws, address known to him who gives the notice. Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be G-8 SURETY BONDS: Surety Bonds are required on inspected,tested or approved, the Contractor shall give the all City contracts in excess of $25,000. The Contractor Architect timely notice of its readiness and the date arranged agrees, on the submittal of his Proposal to make, execute so the Architect may observe such inspection, testing or and deliver to said City of Fort Worth good and sufficient approval.The Owner shall bear all costs of such inspection, surety bonds for the faithful performance of the terms and tests and approvals unless otherwise provided. stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the If after the commencement of the Work, the Owner or prosecution of the work,such bonds being as provided and Architect determine that any Work requires special required in Article 5160 of the Revised Civil Statutes of inspection, testing or approval not included above, the Texas, as amended, in the form included in the Contract Owner or the Architect, upon written authorization from the Documents,and such bonds shall be 100 percent of the total Owner, will instruct the Contractor to order such special contract price, and the said surety shall be a surety inspection,testing or approval,and the Contractor shall give company duly and legally authorized to do business in the notice as required in the preceding paragraph. If such State of Texas,and acceptable to the City Council of the City special Inspection or testing reveals a failure of the Work to of Fort Worth. comply(1)with the requirements of the Contract Documents or (2) with respect to the performance of the work, with Bonds shall be made on the forms furnished by or otherwise Laws, Statutes, Charter, Ordinances, Regulations or Orders acceptable to the City. Each bond shall be properly of any public authority having jurisdiction, the Contractor executed by both the Contractor and the Surety Company. shall bear all costs thereof, including the Architect's Bonds required by the City shall be in compliance with all additional services made necessary by such costs; relevant local,state and federal statutes. otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. To be an acceptable surety on the bond the name of the surety should be included oft the current U.S.Treasury List The Contractor shall secure certificate of inspection, testing of Acceptable Securities [Circular 570], and must be or approval, and three copies will be promptly delivered by authorized to do business in Texas. Sureties not listed in him to the Architect.The Architect will review the certificates Circular 570 may write performance and payment bonds on and forward one copy of each with his recommendation(s)to a project without reinsurance to the limit of 10 percent of its the Owner. capital and surplus. Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 If the Architect or Owner wish to observe the inspections, percent must be reinsured by reinsurers who are duly tests or approvals required by this Section, they will do so authorized, accredited, or trusteed to do business in the promptly and,where practicable,at the source of supply. State of Texas. Neither the observations of the Architect or the Owner in Should any surety for the contracted project be determined their administration of the Construction Contract, nor unsatisfactory at any time during same, the Contractor shall inspections, tests or approvals by persons other than the immediately provide a new surety bond satisfactory to the Contractor shall relieve the Contractor from his obligations to City. perform the Work in accordance with the Contract Documents. If the contract amount is less than$25,000,payment shall be made in one lump sum 30 calendar days after completion G-12 INTERRUPTION OF EXISTING UTILITIES and acceptance of the work. SERVICES. The Contractor shall perform the work under this Contract with a minimum of outage time for all utilities. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. Interruption shall be by approved sections of the utility. In If the Contractor defaults or neglects to cant'out the Work in some cases,the Contractor may be required to perform the accordance with the Contract Documents or fails to perform work while the existing utility is in service.The existing utility any provision of the Contract, the Owner may, without service may be Interrupted only when approved by the prejudice to any other remedy he may have, enter the site Owner.When it is necessary to interrupt the existing utilities, and make good such deficiencies. In such case an the Contractor shall notify the Owner in writing at least ten appropriate Change Order shall be issued deducting from days in advance of the time that he desires the existing the payments then or thereafter due the Contractor the cost service to be interrupted.The interruption time shall be kept of correcting such deficiencies, including the cost of the to a minimum. Depending upon the activities at an existing Architect's additional services made necessary by such facility that requires continuous service from the existing default,neglect or failure. If the payments then or thereafter utility, an Interruption may not be subject to schedule at the due the Contractor are not sufficient to cover such amount, time desired by the Contractor. In such cases, the the Contract shall pay the difference to the Owner. interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time G-10 ROYALTIES AND PATENTS. The Contractor requested by the Contractor of existing utility services shall shall pay all royalties and license fees. He shall defend all be as approved by the Owner. suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and G-13 LAYING OUT WORK. The Contractor shall verify shall be responsible for all such loss when a particular dimensions and elevations indicated in layout of existing design, process or the product of a particular manufacturer work. Discrepancies between Drawings, Specifications, and or manufacturers is specified;however,if the Contractor has existing conditions shall be referred to Architect for Page 9 of 24 lr+ General Conditions for Construction,Fort Worth,6/20/2000 adjustment before work affected is performed. Failure to Contractor's operations shall be confined to the immediate make such notification shall place responsibility upon vicinity of the new work and shall not in any interfere with or Contractor to cant' out work in satisfactory workmanlike obstruct the ingress or egress to an from existing adjacent manner at the Coptractor's sole expense. facilities. The Contractor shall be held responsible for the location and Where new site work is to be connected to existing work, elevation of all tlie construction contemplated by the special care shall be exercised by the Contractor not to Construction Documents. disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored Prior to commencing work, the Contractor shall carefully to Its original condition at no cost to the Owner. compare and check all Architectural, Structural, Mechanical an Electrical drawings;each with the other that in any affects G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the locations or elevation of the work to be executed by him, the intent of the contract documents, whether expressly and should any discrepancy be found, he shall immediately stated or not, that nothing containing hazardous materials, report the same to the Architect for verification and such as asbestos, shall be Incorporated in to the project adjustment. Any duplication of work made necessary*by The contractor shall exercise every reasonable precaution to failure or neglect on his part to comply with this function shall ensure that asbestos-containing materials are not be done at the contractors sole expense. incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this G-14 MEASUREMENTS: Before ordering any material requirement. The contractor shall verify that components or doing any work, the Contractor shall verify all containing lead do not contact the potable water supply. measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra G-19 LOCATION OF EQUIPMENT AND PIPING. charge or compensation will be allowed on account of any Drawing showing location of equipment, piping, ductwork, difference between actual dimensions and dimensions etc. are diagrammatic and job conditions may not always indicated on the drawings. Any difference which may be permit their installation in the location shown. When this found shall be submitted to the Architect for consideration situation occurs, it shall be brought to the Architect's and adjustment before proceeding with the project. attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the G-15 EXISTING OVERHEAD OR UNDERGROUND relocating of any items without first obtaining the Architect's WORK. The Contractor shall carefully check the site where approval. He shall remove and relocate such items at his the project is to be erectbd and observe any existing own expense if so directed by the Architect.Where possible overhead wires and equipment Any such work shall be uniform margins are to be maintained between parallel lines moved, replaced or protected, as required, whether or no and or adjacent wall,floor or ceiling surfaces. shown or specified at the contractor's sole expense. G-20 OVERLOADING. The Contractor shall be Attention is directed to the possible existence of pipe and responsible for loading of any part or parts of structures other underground Improvements that may or may not be beyond their safe carrying capacities by placing of materials, shown on the Drawings.All reasonable precautions shall be equipment, tools, machinery or any other item thereon. No taken to preserve and protect any such improvements loads shall be placed on floors or roofs before they have whether or not shown on the Drawings. attained their permanent and safe strength. Location of existing underground lines,shown the Drawings G-21 MANUFACTURER'S INSTRUCTIONS. Where it are based on the best available sources, but are to be is required in the Specifications that materials, products, regarded as approximate only. Exercise extreme care in processes, equipment, or the like be installed or applied in locating and identifying these lines before excavation in accordance with manufacturer's instructions, direction or adjacent areas. specifications,or words to this effect,it shall be construed to mean that said application or installation shall be in strict G-16 ALIGNMENT OF JOINTS IN FINISH accordance with printed instructions furnished by the MATERIALS. It shall be the responsibility of the Contractor manufacturer of the material concerned for use under to make certain in the installation of jointed floor, wall and conditions similar or those at the job site.Six copies of such ceiling materials that instructions shall be furnished to the Architect and his 1. preserve and protect the rights of the Owner and the approval thereof obtained before work is begun. %, Architect under the Contract with respect to the Work to G-22 CLEANING UP. The Contractor shall keep the be performed under the subcontract so that the premises free from accumulation of waste material or subcontracting thereof will not prejudice such rights; rubbish caused by employees or as a result of the work. 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever At completion of work, the General Contractor shall, possible. This includes heating registers, light fixtures, immediately prior to final inspection of complete building, equipment,etc. execute the following final cleaning work with trained janitorial personnel and with material methods 11'because of the non-related sizes of the various materials recommended by the manufactures of installed materials. and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the 1. Sweep and buff resilient floors and base, and vacuum Architect to determine the most satisfactory arrangement. carpeting. The Contractor shall establish centerlines for all trades. 2. Dust all metal and wood trim and similar finished G-17 INTEGRATING EXISTING WORK. The materials. Contractor shall protect all existing street and other improvements from damages. 3. Clean all cabinets and casework. Page 10 of 24 General Conditions for Construction,Fort Worth,6/20/2000 4. Dust all ceilings and walls. G-25 CUTTING AND PATCHING Wherever cutting and 5. Dust,and if necessary wash,all plumbing and electrical removal of portions of the existing work is indicated. such fixtures. work shall be neatly sawed or cut by contractor in a manner that will produce a neat shight line, parallel to adjacent 6. Wash all glass and similar non-resilient materials. surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or At no time shall any structural members be cut without decorated work shall be cleaned and touched-up if written consent from the Architect. necessary, and all temporary labels, tags,and paper coverings removed throughout the buildings. Surfaces G-26 PROJECT CLOSEOUT. that are waxed shall be polished. Final Inspection. Record Drawings: Attention is called to 8. The exterior of the building, the grounds, approaches, General Conditions Section 1 entitled, 'Payments and equipment, sidewalks, streets, etc. shall be Leaned Completion.' similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be Maintenance Manual:Sheets shall be 8%"x 11',except pull dean and unbroken, hardware shall be clean and out sheets may be neatly folded to 8%"x 11'.Manuals shall polished, all required repair work shall be completed be bound in plastic covered, 3 ring, loose leaf binder with and dirt areas shall be scraped and Geared of weed title of project lettered on front and shall contain: growth. 1) Name,address and trade of all sub-contractors. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass 2) Complete maintenance instructions; name, address, and leave the work bright, clean and polished. Cost of and telephone number of installing Contractor, this cleaning work shall be bome by Contractor. manufacturer's local representative, for each piece of operative equipment. 10. Cleaning, polishing,scaling,waxing and all other finish operations indicated on the Drawings or required in the 3) Catalog data on plumbing fixtures, valves, water Specifications shall be taken to indicate the required heaters, heating and cooling equipment, temperature condition at the time of acceptance of all work under the control, fan, electrical panels, service entrance Contract. equipment and light fixtures. 11. Burning:Burning of rubbish on the premises will not be 4) Manufacturer's name, type, color designation for permitted. resilient floors, windows, doors, concrete block, paint, roofing,other materials. G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any Submit six copies of Maintenance Manual, prior to request operations during the construction period. If serious for final payment problems or complaints arise due to air-home dust,or when directed by the Architect,operations causing such problems Operational Inspection and Maintenance Instruction: The shall be temporarily discontinued and necessary steps taken Contractor shall provide at his expense, competent to control the dust. manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the G-24 FIRE PROTECTION. The contractor shall at all Drawings and Specifications. This requirement shall be times maintain good housekeeping practices to reduce the scheduled just prior to and during the initial start up.After all risk of fire damage or injury to workmen.All scrap materials, systems are functioning properly the representatives shall rubbish and trash shall be removed daily from in and about instruct maintenance personnel of the Owner in the proper the building and shall not be permitted to be scattered on operation and maintenance of each item. adjacent property. G-27 GUARANTEE AND EXTENDED GUARANTEE. Suitable storage space shall be provided outside the Upon completion of the Project, prior to final payment, immediate building area for storing flammable materials and guarantees required by technical divisions of Specifications paints; no storage will be permitted in the building. Excess shall be properly executed in quadruplicate by flammable liquids being used inside the building shall be subcontractors and submitted through the Contractor to kept in dosed metal container and removed from the Architect.Delivery of guarantees shall not relieve Contractor building during unused periods. from any obligation assumed under Contract A fire extinguisher shall be available at each location where The Contractor shall guarantee the entire Project for one cutting or welding is being performed. Where electric or gas year. In addition, where separate guarantees, for certain welding or cutting work is done, interposed shields of portions of work,are for longer periods,General Contractor's VW incombustible material shall be used to protect against fire guarantee shall be extended to cover such longer periods. damage due to sparks and hot metal. When temporary Manufacturer's extended warrantees shall be included in this heating devices are used, a watchman shall be present to contract. cover periods when other workmen are not on the premises. Guarantees shall become valid and operative and The Contractor shall provide fire extinguishers in accordance commence upon issuance of Certificate of Inspection and with the recommendations and NFPA Bulletins Nos. 10 and Acceptance by Owner. Guarantees shall not apply to work 241. However, in all cases a minimum of two fire where damage is result of abuse, neglect by Owner or his extinguishers shall be available for each floor of successor(s)in interest. construction. Page 11 of 24 General Conditions for Construction,Fort Worth,6/20/2000 The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of G-30 CONSTRUCTION FENCE. At the Contractor's the Technical Specifications contained herein. Unless option, he may provide a substantial chain-link construction supplemented by the Technical Specifications or the fence around ail or a part of the site. The fences and gates manufacturers normal extended warrantees, the Contractor must be maintained throughout the construction period. shall warrant all work materials, and equipment against Remove the fences and gates upon completion of the defects for a period of one year from the date of final Project and restore the site to the required original or acceptance. The Contractor further agrees to bear all costs contract condition. of making good all work that is found to be defective or not provided in accordance with the Contract Documents. G-31 PRODUCT DELIVERY STORAGE HANDLING. Additionally if the facility or contents are damaged due to The Contractor shall handle,store and protect materials and defective materials or workmanship of the Contractor, the products, including fabricated components, by methods and Contractor further agrees to bear all cost of repairing and/or means which will prevent damage, deterioration and loss, replacing damaged items and components to bring such Including theft (and resulting delays), thereby ensuring items back to at least their original condition. highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term G-28 Y21K COMPLIANCE REQUIREMENTS The storage at project site prior to installation. Contractor warrants that each hardware, software and firmware product delivered for incorporation into the Work be G-32 REMOVAL OF SALVAGED MATERIAL. The able to accurately process date/time data between the years Contractor shall remove salvaged material and equipment 1999 and 2000, including leap year calculations and as from the Project site and dispose of it in accordance with the described below: law. Equipment or material identified in the Specifications or 1. Date/time data between the information Plans for Owner salvage shall be carefully removed and technology incorporated into the Work shall transfer delivered to the Owner at any location in within the City limits accurately to and from information technology purchased as directed by the City. separately from the Work but intended to be used in association with warranted products or systems. G-33 MANUFACTURER'S REFERENCE: Catalog, 2. Where the contract documents require that brand names,and manufacturer's references are descriptive, products must perform as a system with respect to date/time not restrictive. Bids on brands of like nature and quality will data transfer, the warranty described herein applies to the be considered. Contractor shall inform the City of any performance of the system rather than to individual products. substitutions intended for the project within 5 business days 3. The duration of this warranty and the remedies of bid opening. Failure to inform the City of substitute available to the Owner for the breach of this warranty shall projects will obligate the contractor to provide the specified be as defined in and subject to, the terms and limitations of material if awarded the contract. Within 14 days after bid the Contractor's standard commercial warranty or opening and upon request of the architect or contractor,the warranties. contractor will submit a full sized sample and/or detailed 4. The remedies available to the Owner under this information as required to allow the architect to determine warranty shall include repair or replacement of any product the acceptability of proposed substitutions. Where or system whose noncompliance is discovered and made equipment has been listed as 'no substitute accepted", the known to the Contractor,in writing,within one year following City will accept no alternates to the specified equipment. the date of substantial completion. 5. Nothing in the provisions of this warranty shall be SECTION H construed to limit any rights or remedies the Owner may CONTRACT TIME have with respect to defects discovered in the Work not related to compliance requirements of this section. H-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the The contractor agrees to correct defective Work within a one Work. year period after Date of Substantial Completion, and provide one year warranty for accurate transfer of date/time The date of commencement of the Work is the date data between the years 1999 and 2000 as described within established in the Notice to Proceed. If there is no notice to this section. proceed,it shall be the date of the Agreement or such other date as may be established therein. G-29 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment,one print of The Date of Substantial Completion of the Work or each of the drawings accompanying this specification shall designated portion thereof is the Date certified by the +' be neatly and clearly marked In red by the Contractor to Architect with the approval of the Owner that construction is show variations between the construction actually provided sufficiently complete, in accordance with the Contract and that indicated or specified in the Contract Documents. Documents, so the Owner may occupy the Work or r The annotated documents shall be delivered to Architect designated portion thereof for the use for which it is if Where a choice of materials and/or methods is permitted intended. Final acceptance of the completed work or any herein and where variations in the scope or character of the portion thereof can be made only by the City Council of the work from the entire work indicated or specified are City of Fort Worth or it's designated Assistant City Manager, permitted either by award of bidding items specified for that and no other form of acceptalnce will be binding upon the purpose, or by subsequent change to the drawings, the Owner. record drawings shall define the construction actually provided. The representation of such variations shall A calendar day constitutes 24 hours of time and is any one conform to standard drafting practice and shall include of the seven days of a week,including Sunday,regardless of supplementary notes, legends and details which may be whether a'Working Day'or not, and regardless of weather necessary for legibility and dear portrayal of the actual conditions or any situation which might delay construction. construction.The record drawings shall indicate,in addition, An extension of contract time shall be in accordance with the actual location of all sub-surface utility lines, average this Section. Extensions of time will be as recommended by depth below the surface and other appurtenances. the Architect with final approval by City of Fort Worth. Page 12 of 24 General Conditions for Construction,Fort Worth,6/20/2000 1-2 SCHEDULE OF VALUES. Before the first A working day is defined as a calendar day, not including Applicable for Payment, the Contractor shall submit to the Saturdays,Sundays,and legal holidays,in which Weather or Architect a Schedule of Values of the various portions of the other conditions not under the control of the Contractor Work, including quantities if required by the Architect, permit the performance of work for a continuous period of aggregating the total Contract Sum,divided so as to facilitate not less than seven hours between 7:00 a.m.and 6:00 p.m. payments to Sub-contractors, prepared in such form as However, nothing in these Contract Documents shall be specified or as the Architect and the Contractor may agree construed as prohibiting the Contractor from working on upon, and supported by such data to substantiate its Saturdays if he so desires.Should the Contractor choose to correctness as the Architect may require. Each item in the work on Saturdays, one day will be charged as contract- Schedule of Values shall include its proper share of working time when weather or other conditions permit seven overhead and profit. This Schedule, when approved by the hours of work as delineated above. Legal holidays are Architect and the Owner, shall be used as a basis for the defined as being New Year's Day,Independence Day,Labor Contractor's Applications for Payment. Day,Thanksgiving Day, Christmas Day, Memorial Day,and Veteran's Day. 1-3 ADJUSTMENT OF QUANTITIES. Where unit prices and estimated quantities are used to compute the H-2 PROGRESS AND COMPLETION. All the time contract amount, the Owner may increase the quantities by limits stated In the Contract Documents are of essence to an amount that is 20%of the total cost for that section. Unit the Contract. prices for adjustments to unit quantities in excess to 20% may be negotiated at the request of either party. The Contractor shall begin the Work on the date of commencement as defined in this Section.He shall cant'the 1-4 PROGRESS PAYMENTS. On the first day of Work forward expeditiously with adequate forces and shall each month after the first month's work has been completed, complete It within the Contact Time. the Contractor will make current estimates in writing for review by the Architect of materials in place complete and H-3 DELAYS AND EXTENSIONS OF TIME. If the the amount of work performed during the preceding month or Contractor is delayed at any time in the progress of the Work period and the value thereof at the prices contracted for as by any act or neglect of the Owner or the Architect,or by any shown on the approved Schedule of Values and Progress employee of the Owner, or by any separate contractor Schedule. employed by the Owner, or by any separate contractor employed by the Owner,or by changes ordered in the Work, If payments are to be made on account of materials or or by labor disputes, fire, unusual delay in transportation, equipment not incorporated in the Work but delivered and unavoidable casualties or any causes beyond the suitably stored at the site or in an independent, bonded Contractor's control, or by any cause which the Architect warehouse such payments shall be conditioned upon determines may justify the delay,then the contract time may submission by the Contractor of bills of sale or such other be extended by Change Order for such reasonable time as procedures satisfactory to the Owner to establish the recommended by the Architect and approved by the Owner. Owner's title to such materials or equipment or otherwise When the Contractor is delayed due to abnormal weather protect the Owner's interest Including applicable insurance conditions, the weather table provided as WT-1 in these and transportation to the site. Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application All claims for extension of time shall be made in writing to for Payment,whether incorporated in the Project or not,will the Architect no more than fifteen days after the occurrence pass to the Owner upon the receipt of such payment by the of the delay;otherwise they shall be waived. Contractor, free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as `liens'; If no schedule or agreement Is made stating the dates upon and that no Work, materials or equipment covered by an which written interpretations shall be furnished, then no Application for Payment will have been acquired by the claim for delay shall be allowed on account of failure to Contractor,or by any other persons performing the Work at furnish such Interpretation until fifteen days after demand is the site or furnishing materials and equipment for the Work, made for them, and not then unless such a claim is subject to an agreement under which an interest therein or reasonable. an encumbrance thereon is retained by the seller or otherwise Imposed by the Contractor or such other pe n. H-4 NO DAMAGE FOR DELAY. No payment, compensation or adjustment or any kind (other than the The Contractor shall prepare each application for payment extensions of time provided for) shall be made to the on AIA Document G702, 'Application and Certificate for contractor for damages because of hindrances or delays Paymenr, and attached thereto AIA Document G703, from an cause in the progress of the work, whether such 'Continuation Sheer, to indicate the progress made to date hindrances or delays be avoidable or unavoidable, and the and the period or month for which payment is requested for contractor agrees that he will make no claim for each Item listed In the Schedule of Values. A copy of the compensation,damages or mitigation of liquidated damages revised monthly work progress schedule must be attached for any such delays, and will accept In full satisfaction for before the pay request can be accepted. such delays said extension of time. 1-5 CERTIFICATES FOR PAYMENT. If the SECTION I Contractor has made Application.for Payment as above,the PAYMENTS AND COMPLETION above,the Architect will,with reasonable promptness but not more than seven days after the receipt of the Application, 1-1 CONTRACT SUM. The Contract Sum is stated in prepare a Certificate of Payment, with a copy to the the proposal as accepted and is the total amount payable by Contractor,for such amount determined to be properly due, the Owner to the Contractor for the performance of the Work or state in writing reasons for withholding a Certificate. under the Contract Documents. Page 13 of 24 General Conditions for Construction,Fort Worth,6/20/2000 The Issuance of a Certificate for Payment will constitute a them.The Owner reserves the right to withhold the payment representation by the Architect to the Owner, based on the of any monthly estimate, without payment of interest, if the Architect's observations at the site and the data comprising Contractor fails to perform the Work in accordance with the . the Application for Payment, that the Work has progressed specifications or instructions of the Architect. to the point indicated; that the quality of the Work is In ? accordance with the Contract Documents (subject to an 1-7 UNRESOLVED CLAIMS: In the event a written evaluation of the Work as a functioning whole upon claim for damages against the Contractor or its subcon- Substantial Completion, to the results of any subsequent tractors remains unsettled at the time all work on the project tests required by the Contract Documents, to minor has been completed to the satisfaction of the Director of the deviations from the Contract Documents correctable prior to Transportation and Public Works Department,as evidenced completion, and to any specific qualifications stated in the by a final inspection, final payment to the Contractor shall Certificate); and recommendations to the Owner that the not be recommended by the Director of the Transportation Contractor be paid in the amount certified. In addition, the and Public Works Department for a period of 30 days after Architect's approval of final payment assures the Owner that the date of such final inspection,unless the Contractor shall the conditions precedent to the Contractor's being entitled to submit written evidence satisfactory to the Director that the final payment as set forth in this Section have been fulfilled. claim has been settled and a release has been obtained from the claimant involved. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days Although the claim concerned remains unsettled at the after It has been delivered to the Director of the Department expiration of the above 30-day period,the Contractor may be of Transportation and Public Works. For contracts less than deemed to be entitled to a semi-final payment for work $400,000,Owner shall pay 90%of the approved estimate to completed, such semi-final payment to be in an amount the Contractor within seven days after its approval, and the equal to the total dollar amount then due less the dollar remaining 10%of each such estimate will be retained by the value of any written claims pending against the Contractor Owner until the final estimate is approved and the Work is arising out of the performance of such work, and such accepted by the City Council of the City of Fort Worth. For semi-final payment may then be recommended by the contracts in excess of$400,000,the Owner will retain only Director. 5%of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is No Certificate for a progress payment, nor any progress outstanding for a period of six months following the date of payment, nor any partial o0entire use or occupancy of the the acceptance of the work performed unless the Contractor Project by the Owner,shall constitute an acceptance of any submits evidence in writing satisfactory to the Director that: Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties 1) The claim has been settled and a release has been or responsibility for faulty materials or workmanship. The obtained from the claimant involved,or Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom 2) Good faith efforts have been made to settle such out- that shall appear within a period of one year from the date of standing claims,and such good faith efforts have failed. final acceptance of the Work unless a longer period is specified. If condition(1)above is met at any time within the six-month period, the Director shall recommend that the final payment I-8 PAYMENTS WITHHELD. The Architect may to the Contractor be made. If condition (2) above is met at decline to approve an Application for Payment and may any time within the six-month period, the Director may withhold his Certificate in whole or in part if in his opinion he recommend that the final payment to the Contractor be is unable to make the representations to the Owner as made.At the expiration of the six-month period the Director provided in this Section. The Architect may also decline to may recommend that final payment be made if all other work approve any Applications for Payment or, because of has been performed and all other obligations of the subsequently discovered evidence or subsequent Contractor have been met to the satisfaction of the Director. Inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as The Director may, if he deems it appropriate, refuse to may be necessary in his opinion to protect the Owner from accept bids on other Transportation and Public Works loss because of: Department contract work from a Contractor against whom a claim for damages is outstanding as a result of work 1) defective work not remedied; performed under a City contract 2) claims filed or reasonable evidence Indicating probable filing of claims; 1-8 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: y 3) failure ol"the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment; Amount of Contract Liquidated Damages Per Day 4) reasonable doubt that the Work can be completed for $15,000 or less $45 the unpaid balance of the Contract Sum; $15,001 to $25,000 $63 5) damage to another contractor; $25,001 to $50,000 $105 $50,001 to $100,000 $154 6) reasonable indication that the Work will not be $100,000 to $500,000 $210 completed within the Contract Time;or $500,001 to$1,000,000 $315 7) Unsatisfactory prosecution of the Work by the $1,000,001 to$2,000,000 $420 Contractor. $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 When such grounds for the refusal of payment are removed, over$10,000,000 $980 payment shall be made for amounts withheld because of Page 14 of 24 General Conditions for Construction,Fort Worth,6/20/2000 1-9 FAILURE OF PAYMENT If, without fault on the If any Subcontractor, materialman or laborer refuses to part of the Contractor, the Architect should fail to issue any furnish a release or waiver required by the Owner, the Certificate for Payment within seven days after receipt of the Contractor may,at the election of the Owner,furnish a bond Contractor's Application for Payment, if the Contractor's satisfactory to the Owner to indemnify him against any right, Application for Payment,or if,without fault on the part of the claim or lien which might be asserted by such Subcontractor, Contractor,the Owner should fail to approve such estimate materialman or laborer. If any such right, claim or lien or to pay to the Contractor 90%or 95%(as applicable)of the remains unsatisfied after all payments are made. The amount thereof within the period of time specified, then the Contractor shall refund to the Owner all monies that the Contractor may, upon seven (7) days additional written latter may be compelled to pay to discharging such right, notice to the Owner and to the Architect,stop the Work until claim or lien, including all costs and reasonable attorney's payment of the amount owing has been received. fees. 1-10 SUBSTANTIAL COMPLETION AND FINAL The acceptance of final payment shall constitute a waiver of PAYMENT Prior to the request for final payment, the all claims by the Contractor except those previously made in Contractor must meet all provisions for Project Closeout. writing and still unsettled. When the Contractor determines that the Work or a designated portion thereof acceptable to the Owner is 1-11 FINAL PAYMENT FOR UN-BONDED substantially complete, the Contractor shall prepare the PROJECTS. Final payment will not be made for a period of submission to the Architect a list of items to be completed or 30 calendar days and until all requirements of 1-10 have corrected.The failure to include any items on such list does been met,with the exception of Consent of Surety for Final not alter the responsibility of the Contractor to complete all Payment. Work in accordance with the Contract Documents.When the Architect,on the basis of an inspection, determines that the Work is substantially complete, he then will prepare a SECTION J Certificate of Substantial Completion (G704) which, when PROTECTION OF PERSONS AND PROPERTY approved by the Owner, shall establish the Date of Substantial Completion,shall state the responsibilities of the J-1 SAFETY PRECAUTIONS AND PROGRAMS The Owner and the Contractor for maintenance, heat, utilities, Contractor shall be responsible for initiating,maintaining and and insurance, and shall fix the time within which the supervising all safety precautions and programs in Contractor shall complete the items listed therein, said time connection with the Work.The Contractor shall designate a to be within the Contract time unless extended. responsible member of his organization at the site whose ` duty shall be the prevention of accidents. This person shall Upon receipt of written notice that the Work is ready for final be the Contractor's superintendent unless otherwise inspection and acceptance and upon receipt of a final designated in writing by the Contractor to the Architect. Application for Payment and upon receipt of a final application for payment, providing the record drawings have J-2 SAFETY OF PERSONS AND PROPERTY. The been received by the Architect, the Architect will conduct Contractor shall take all reasonable precautions for the such test and/or inspections as he deems necessary, and if safety of, and shall provide all reasonable protection to in his opinion the Work has been completed in accordance prevent damage,injury or loss to: with the Contract Documents, the Architect will promptly issue a final Certificate of Substantial Completion stating that (1) all employees on the Work and all other persons who to the best of his knowledge, information and belief,and on may be affected thereby; the basis of his observations and inspections,the Work has been completed in accordance with the terms and conditions (2) all the Work and all materials and equipment to be of the Contract Documents and that the entire balance found incorporated therein, whether in storage on or-off the to be due the Contractor is due and payable. Final site,under the care,custody or control of the Contractor acceptance can be made by the City Council of the City of or any of his Subcontractors or Sub-contractors;and Fort Worth or it's designated representative, and no other form of acceptance will be binding upon the Owner. Final (3) other property at the site or adjacent thereto,including payment and release of the retainage amount will become trees, shrubs, lawns, walks, pavements, roadways, due within fifteen days following approval of the City Council structures and utilities not designated for removal, of the City of Fort Worth in accepting the work as complete. relocation or replacement in the course of construction. Neither the final payment nor the remaining retained Until acceptance of the Work, it shall be under.the charge percentage shall become due until the Contractor submits to and care of the Contractor, and he shall take every the Architect: precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, 1) Contractor's Affidavit of Payment of Debts and Claims whether arising from the execution or from the non-execution (13706) stating that all payrolls, bills for materials and of the Work.The Contractor shall rebuild, repair,restore and equipment, and other indebtedness connected with the make good, at his own expense, all injuries or damages to Work for which the Owner or his property might in any any portion of the Work occasioned by any of the above, way be responsible, have been paid or otherwise caused before its completion and acceptance. satisfied, 2) Consent of Surety to Final Payment (G707), if any, to The Contractor shall comply with all applicable Laws, final payment, Ordinances, Rules, Regulations and Orders of any public 3) Contractor's Affidavit of Release of Liens(G706A),and, authority having jurisdiction for the safety of persons or 4) Other data establishing payment or satisfaction of all property or to protect them from damage, injury or loss. He such obligations, such as receipts, releases and shall erect and maintain, as required by existing conditions waivers of liens arising out of the Contract,to the extent and progress of the Work, all reasonable safeguards for and in such form as may be designated by the Owner. safety and protection, including posting danger signs and other warnings against hazards, promulgating safety Page 15 of 24 General Conditions for Construction,Fort Worth,6/20/2000 regulations and notifying owners and users of adjacent perform work on the project until such certificate utilities. has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City). When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the c) By signing this contract or providing or causing to Work, the Contractor shall exercise the utmost care and be provided a certificate of -coverage, the shall carry on such activities under the supervision of contractor is representing to the City that all properly qualified personnel. employees of the contractor who will provide services on the project will be covered by workers All damage or loss to any property referred to in the compensation coverage for the duration of the preceding paragraphs caused In whole or in part by the project,that the coverage will be based on proper Contractor, any Subcontractor, or anyone directly or reporting of classification codes and payroll indirectly employed by any of them,or by anyone for whose amounts,and that all coverage agreements will be acts any of them may be liable, shall be remedied by the filed with the appropriate insurance carrier or, in Contractor, including damage or loss attributable to faulty the case of a self-insured,with the Texas Workers Drawings or Specifications and acts or omissions of the Compensation Commission's Division of Self- Architect or anyone employed by him or for whose acts he Insurance Regulation. Providing false or may be liable, and not attributable to the fault or negligence misleading information may subject the contractor of the Contractor or anyone claiming through the Contractor to administrative penalties, criminal penalties, civil for such damage or loss. penalties or other civil actions. d) The contractors failure to comply with any of these The Contractor shall not load or permit any part of the Work provisions is a breach of contract by the contractor to be loaded so as to endanger its safety. which entitles the City to declare the contract void if the contractor does not remedy the breach within J-3 HARD HATS. Hard Hats will be required at all ten days after receipt of notice of breach from the construction sites included in this Contract from start to City completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be 2) Definitions: required to wear a hard hat.The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. a) Certificate of coverage ("certificate"). A copy of a These requirements are in addition to the Accident certificate of insurance,a certificate of authority to Prevention Clause in the Geieral Conditions of the Contract. self-insure issued by the Texas Workers' Contractor shall provide ten hard hats for use by the Compensation Commission, or a coverage I consulting Architects and Engineers and visitors. agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' J-4 EMERGENCIES. In any emergency affecting the compensation insurance coverage for the person's Vol safety of persons or property,the Contractor shall act at his or entity's employees providing services on a discretion to prevent threatened damage, injury or loss.Any project,for the duration of the project. additional compensation or extension of time claimed by the b) Duration of the Project. Includes the time from the Contractor on account of emergency work shall be beginning of the work on the project until the determined as provided in Changes in the Work. contractors/person's work on the project has been SECTION K-INSURANCE completed and accepted by the City. c) Persons providing services on the project K-1 Insurance Reoulred. The Contractor shall not ("subcontractor' in section 406.096)-includes all commence work under this Contract until he has obtained all persons or entities performing all or part of the insurance required under this Section and such insurance services the contractor has undertaken to perform has been approved by the City of Fort Worth, nor shall the on the project, regardless of whether that person Contractor allow any Subcontractor to commence work to be contracted directly with the contractor and t performed under this Contract until all similar insurance of regardless of whether that person has employees. the Subcontractor has been so obtained and approved. This Includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers,owner-operators,employees of any K-2 Workers'Comoensation Insurance: such entity, or employees of any entity which 1) General furnishes persons to provide services on the project. "Services" include, without limitation, a) Contractors Workers Compensation Insurance. providing, hauling, or delivering equipment or Contractor agrees to provide to the Owner(City)a materials, or providing labor, transportation, or certificate showing that it has obtained a policy of other services related to a project 'Services" workers compensation insurance covering each of does not include activities unrelated to the project, its employees employed on the project in such as food/beverage vendors, office supply compliance with state law. No Notice to Proceed deliveries,and delivery of portable toilets. will be issued until the Contractor has complied 3) Requirements with this section. b) Subcontractors Workers Compensation a) The contractor shall provide coverage, based on Insurance. Contractor agrees to require each and proper reporting of classification codes and payroll every subcontractor who will perform work on the amounts and filing of any coverage agreements, project to provide to it a certificate from such which meets the statutory requirements of Texas subcontractor stating that the subcontractor has a Labor Code, Section 401.011(44) for all policy of workers compensation insurance employees of the contractor providing services of covering each employee employed on the project the project,for the duration of the project Contractor will not permit any subcontractor to Page 16 of 24 General Conditions for Construction,Fort Worth,6/20/2000 b) The Contractor must provide a certificate of (1) a certificate of coverage, prior to the coverage to the governmental entity prior to being other person beginning work on the awarded the oontract. project;and c) If the coverage period shown on the contractor's (2) a new certificate of coverage showing current certificate of coverage ends during the extension of coverage, prior to the end duration of the project,the contractor must,prior to of the coverage period, if the coverage the end of the coverage period, file a new period shown on the current certificate certificate of coverage with the City showing that of coverage ends during the duration of coverage has been extended. the project; d) The contractor shall obtain from each person v) retain all required certificates of coverage on providing services on a project,and provide to the file for the duration of the project and for one City: year thereafter. I) a certificate of coverage, prior to that person vi) notify the City in writing by certified mail or beginning work on the project, so the personal delivery, within ten (10) days after governmental entity will have on file the person knew or should have known, of certificates of coverage showing coverage for any change that materially affects the all persons providing services on the project; provision of coverage of any person providing and services on the project;and ii) no later than seven days after receipt by the vii) contractually require each person with whom contractor, a new certificate of coverage it contracts, to perform as required by showing extension of coverage, if the paragraphs h-i) - vii), with the certificates of coverage period shown on the current coverage to be provided to the person for certificate of coverage ends during the whom they are providing services. duration of the project. 4} Posting of Required Worker's Compensation Coverage. e) The contractor shall retain all required certificates d of coverage for the duration of the project and for a) The contractor shall post a notice on each project one year thereafter. site informing all persons providing services on the project that they are required to be covered, and f) The contractor stlall notify the City in writing by stating how a person may verify current coverage certified mail or personal delivery, within ten (10) and report failure to provide coverage.This notice days after the contractor knew or should have does not satisfy other posting requirements known, of any change that materially affects the imposed by the Texas Worker's Compensation Act provision of coverage of any person providing or other Texas Worker's Compensation services on the project. Commission rules. This notice must be printed g) The contractor shat! post on each project site a with a title in at least 30 point bold type and text in at least 19-point normal type,and shall be in both notice,in the text,form and manner prescribed by English and Spanish and any other language the Texas Worker's Compensation Commission, common to the worker population. The text for the 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 report lack of coverage. "REQUIRED WORKER'S h) The contractor shall contractually require each COMPENSATION COVERAGE person with whom it contracts to provide services The law requires that each person on a project,to: working on this site or providing services related to this construction project must 1) 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 agreements, which meets the statutory providing, hauling, or delivering equipment or materials, or providing requirements of Texas labor Code, Section 401.011(44)for all of its employees providing labor or transportation or other service services on the project,for the duration of the related of the project, regardless 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 providing services on the project, for the coverage, to verify whether your 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 Page 17 of 24 General Conditions for Construction,Fort Worth,6/20/2000 Proiect, whether such operations be by himself or by any 2) Applicable Insurance policies shall each be endorsed Subcontractor or by anyone directly or indirectly employed with a waiver of subrogation in favor of the City of Fort by either of them and the limits of such Insurance shall be Worth. not less than the following: 3} Insurers of policies maintained by Contractor and its 1) Automobile Liability: $1,000,000 each accident, or subcontractor(s),if applicable,shall be authorized to do reasonably equivalent split limits for bodily injury and business In the State of Texas, or otherwise approved property damage. Coverage shall be on "any auto" by the City of Fort Worth,and such shall be acceptable including leased, hired, owned, non-owned and to the City of Fort Worth insofar as their financial borrowed vehicles used in connection with this strength and solvency are concerned. Any company Contract through which the insurance is placed must have a 2) Commercial General Liability: $1,000,000 each rating of at least A:VII,as stated in current edition of A. occurrence. Coverage under the policy shall be as di Best's Key Rating Guide. At the City's sole comprehensive as that provided in a current Insurance discretion,a less favorable rate may be accepted by the Services Office (ISO) policy form approved for use in City. Texas and the policy shall have no exclusions by 4) Deductible limits on insurance policies and/or self endorsement unless such are approved by the City. insured retentions exceeding $10,000 require approval 3) Asbestos Abatement Liability Insurance: When the of the City of Fort Worth as respects this Contract Project specifically requires the removal of Asbestos Containing Materials, the Contractor, or subcontractor 5) The City of Fort Worth shall be notified in writing a performing the removal, shall be required to maintain minimum of thirty days prior to an insurer's action in the Asbestos Abatement Liability Insurance as follows: event of cancellation, non-renewal or material change $1,000,000 per occurrence;$2,000,000 aggregate limit. in coverage regarding any policy providing insurance The coverage shall include any pollution exposure, coverage required in this Contract. including environmental impairment liability, associated with the services and operations performed under this 6) Full limits of insurance shall be available for claims contract In addition to sudden and accidental arising out of this Contract with the City of Fort Worth. contamination or pollution liability for gradual emissions and clean-up costs. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant K-4 BUILDER'S RISK INSURANCE. to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be Unless stated otherwise in the Proposal or Invitation, the construed as a waiver of insurance requirements Contractor shall procure, pay for and maintain at all times specified herein. during the term of this Contract, Builder's Risk Insurance against the perils of fire,lightning,windstorm,hurricane,hail, 8) The City of Fort Worth shall be entitled, upon request riot, explosion, civic commotion, smoke, aircraft, land and without incurring expense,to review the insurance vehicles,vandalism,and malicious mischief, at a limit equal policies including endorsements thereto and, at its to 100%of the Contract Sum. discretion, to require proof of payment for policy premiums. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If 9) The City of Fort Worth shall not be responsible for specifically required in the Instructions to Bidders, the policy paying the cost of insurance coverages required herein. shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein Consequential damage due to faulty workmanship and/or shall be provided to the City in a timely manner. design performed by the Contractor or his agents shall be covered. 11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not Upon completion of the Work,the Contractor shall notify the apply to any insurance policy or program maintained by City of Fort Worth in writing before terminating this the City of Fort Worth. insurance. 12) Contractor shall agree to either require its K-5 PROOF OF CARRIAGE OF INSURANCE. The subcontractors to maintain the same Insurance Contractor shall provide a certificate of insurance coverages and limits thereof as specified herein or the documenting the Transportation and Public Works Contractor shall provide such coverage on the Department,City of Fort Worth as a"Certificate Holder',and Contractor's subcontractors. noting the specific project(s) covered by the Contractor's SECTION L insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor CHANGES IN THE WORK depending upon the agents an/or insurers for the Contractor's insurance coverages specified for the project(s). L-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work K-6 OTHER INSURANCE RELATED within the general scope of the Contract consisting of REQUIREMENTS. additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly.All Such 1) The City of Fort Worth shall be an additional insured,by Changes in the Work shall be authorized by Change Order, endorsement,on all applicable insurance policies. and shall be executed under the applicable conditions of the Contract Documents. Page 18 of 24 General Conditions for Construction,Fort Worth,6/20/2000 A Change Order is a written order to the Contractor signed contemplated are so changed in a proposed Change Order by the Contractor, Owner and the Architect, issued after the that application of the agreed unit prices to the quantities of execution of the Contract,authorizing a Change in the Work Work proposed will create a hardship on the Owner or the or adjustment in the Contract Sum or the Contract Time.The Contractor, the applicable unit prices shall be equitably Contract Sum and the Contract Time may be changed only adjusted to prevent such hardship. by Change Order. If the Contractor claims that additional cost or time is Any changes in work required due to changed or unforeseen involved because of (1) any written interpretation issued conditions,or by request of either the Contractor or the City, pursuant to Section A, (2) any order by the Architect or shall be coordinated with the Director, Department of Owner to stop the Work pursuant to Section B, where the Transportation and Public Works. A change order must be Contract was not at fault,or(3)any written order for a minor written and duly negotiated and executed prior to performing change in the Work,the Contractor shall make such claim. changed work. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If The cost or credit to the Owner resulting from a Change in the Contractor wishes to make a claim for an increase in the the Fort Worth shall be determined in one or more of the Contract Sum or an extension in the Contract Time, he shall following ways: give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such 1) by mutual acceptance of a lump sum property itemized, claim. This notice shall be given by the Contractor before including the allowance to Contractor for overhead and proceeding to execute the Work, except in an emergency profit stipulated in the original contract proposal; endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim 2) by unit prices stated in the Contract Documents or shall be valid unless so made. Any change in the Contract subsequently agreed upon;or Sum or Contract Time resulting from such claim,if approved by the Owner,shall be authorized by Change Order. 3) by cost and a mutually acceptable fixed or percentage fee. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, If none of the methods set forth herein above is agreed the following applicable percentage shall be added to upon, the Contractor,provided he receives a Change Order, Material and Labor costs to cover overhead and profit: shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the 1. Allowance to the Contractor for overhead and profit for Contractor's reasonable expenditures and savings,including extra work performed by the Contractor's own forces shall a reasonable allowance for overhead and profit as indicted in not exceed fifteen percent(],U the original contract proposal. In such cases,the Contractor shall keep and present, in such form as the Architect shall 2. Allowance to the Contractor for overhead and profit for prescribe, an itemized accounting together with appropriate extra work performed by a Subcontractor and supervised by supporting data. Pending final determination of cost to the the Contractor shall not exceed ten percent Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the L-4 MINOR CHANGES IN THE WORK. The Architect Owner. shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension If after the contract has been executed, the Architect, of the Contact Time and not inconsistent with the intent of requests a price proposal from the Contractor for a proposed the Contract Documents. Such changes may be effected by change in scope of the work, Contractor shall process such Field Order or by other written order.Such changes shall be proposal within seven days of receipt and return the price confirmed 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. 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 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 Field 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 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 work 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 Page 19 of 24 General Conditions for Construction,Fort Worth,6/20/2000 be found that this condition was caused by a separate N-1 TERMINATION BY THE CONTRACTOR. If the contractor employed by the Owner. work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction, M-2 CORRECTION OF WORK. The Contractor shall through no act or fault of the Contractor or a Subcontractor promptly correct all work rejected by the Owner or Architect or their agents or employees or any other persons as defective or as failing to conform to the Plans and performing any of the work under a contract with the Specifications whether observed before or after Substantial Contractor, or if the work should be stopped for a period of Completion and whether or not fabricated, installed or 30 days by the Contractor for the Owner's failure to make completed. The Contractor shall bear all costs of correcting payment thereon as provided in Section 1, then the such rejected Work, including the cost of the Architect's Contractor may after the end of such period of 30 days and additional service thereby made necessary. upon seven additional days'written notice to the Owner and the Architect,terminate the Contract. if, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by N-2 TERMINATION BY THE OWNER. If the law or by use terms of any applicable special guarantee contractor is adjudged as bankrupt,or if he makes a general required by the Contract Documents, any of the work is assignment for the benefit of his creditors,or if a receiver is found to be defective or not in accordance with the Contract appointed on account of his insolvency, of if the Contractor Documents, the Contractor shall correct it promptly after refuses, except in cases for which extension of time is receipt of a written notice from the Owner to do so, unless provided, to supply enough properly skilled workmen or the Owner has previously given the Contractor a written proper materials, or if he fails to make prompt payment to acceptance of such condition, describing same specifically Subcontractors or for materials or labor, or fails to comply and not generally. The Owner shall give such notice with al Laws, Statutes, Charter, Ordinances, Regulations or promptly after discovery of the condition. Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of All such defective or non-conforming work under the the Contract Documents, then the Owner, on its own preceding paragraphs shall be removed from the site where initiative or upon certification by the Architect that sufficient necessary, and the work shall be corrected to comply with cause exists to justify such action,may,without prejudice to the Contract Documents without cost to the Owner. any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, terminate the The Contractor shall bear the cost of making good all work of employment of the Contractor and take possession of the separate contractors destroyed or damaged by such removal site and of all materials, equipment, tools, construction or correction. ` equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem If the Contractor does not remove such defective or non- expedient. In such case the Contractor shall not be entitled conforming work within a reasonable time fixed by written to receive any further payment until the Work is finished. notice from the Architect or the Owner, the Owner may remove it and may store the materials or equipment at the If the costs of finishing the Work,including compensation for expense of the Contractor.If the Contractor does not pay the the Architect's additional services., exceed the unpaid cost of such removal and storage within ten days thereafter, balance of the Contract, the Contractor shall pay the the Owner may upon ten additional days'written notice sell difference to the Owner. such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that The City of Fort Worth may terminate this contract in whole, should have been bome by the Contractor including or from time to time,in part,whenever such termination is in compensation for additional architectural services. If such the best interest of the City. Termination will be effected by proceeds of sale do not cover all costs that the Contractor delivering to the Contractor a notice of termination specifying should have borne, the difference shall be charged to the to what extent performance of the work of the contract is Contractor and an appropriate Change Order shall be being terminated and the effective date of termination. After issued.If the payments then or thereafter due the Contractor receipt of termination the contractor shall: are not sufficient to cover such amount,the Contractor shall pay the difference to the Owner. a) Stop work under the Contract on the date and to the extent specified on the notice of termination. If the Contractor fails to correct such defective or non- conforming work, the Owner may correct it in accordance b) Place no further orders or subcontracts except as may with Section G. be necessary for the completion of the work not terminated. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed c) Terminate all orders and subcontracts to the extent that upon him by special guarantees required by the Contract they relate to the performance of the work terminated Documents or otherwise prescribed by law. by the notice of termination. M-3 ACCEPTANCE OF DEFECTIVE OR NON- After termination as above,the City will pay the contractor a CONFORMING WORK. If the Owner prefers to accept proportionate part of the contract price based on the work defective or non-conforming work, he may do so instead of completed; provided, however, that the amount of payment requiring its removal and correction,In which case a Change on termination shall not exceed the total contract price as Order will be issued,to reflect an appropriate reduction in the reduced by the portion thereof allocatable to the work not Contract Sum, or, if the amount is determined after final completed and further reduced by the amount of payments, payment,it shall be paid by the Contractor. if,any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph SECTION N within 30 days after receipt of such claim. In the event of TERMINATION OF THE CONTRACT any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph,such dispute or controversy shall be resolved and be decided by Page 20 of 24 General Conditions for Construction,Fort Worth,6/20/2000 the City Council of the City of Fort Worth, and the decision answering device at the site office for the duration of the by the City Council of the City of Fort Worth shall be final project. The contractor shall provide a separate telephone and binding upon all parties to this contract line, and Instrument for use by the City's field representatives. SECTION O SIGNS P-6 TOILET FACILITIES. The Contractor shall provide proper,sanitary and adequate toilet facilities for the The Contractor shall construct and install the project use of all workmen and subcontractors employed on the designation sign as required In the Contract Documents and project. in strict accordance with the Specifications for `Project Designation Signs.'This sign shall be a part of this Contract P-7 UTILITIES. Contractor shall make all necessary and shall be included in the Contractor's Base Bid for the arrangements and provide for temporary water and Project electricity required during the construction. Contractor shall provide and install temporary utility meters during the SECTION P contract construction period.These meters will be read and TEMPORARY FACILITIES the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to P-1 SCOPE. The Contractor shall furnish, erect, and tap into the utilities. The Contractor shall make the maintain facilities and perform temporary work required In connections and extend the service lines to the construction the performance of this Contract,including those shown and area for use of all trades. Upon completion of the work all specified. utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures, P-2 USE OF TEMPORARY FACILITIES. All frequencies,etc.will be available to the Contractor. temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, Water. Provide an ample supply of potable water for all subject to reasonable directions by the Contractor as to their purposes of construction at a point convenient to the project proper and most efficient utilization. or as shown on the Drawings.Pipe water from the source of supply to all points where water will be required. Provide P-3 MAINTENANCE AND REMOVAL. The sufficient hose to cavy water to every required part of the Contractor shall maintain temporary facilities in a proper, construction and allow the use of water facilities to safe operating and sanitary condition for the duration of the subcontractors engaged on the work. Provide pumps, tanks Contract Upon completion of the Contract, all such and compressors as may be required to produce required temporary work and facilities shall be removed from the pressures. premises and disposed of unless otherwise directed or specified hereunder. Electric Service. Provide adequate electric service for power and lighting to all points where required.Temporary,electric P-4 FIELD OFFICES AND SHED. The Contractor service shall be of sufficient capacity and characteristics to shall provide a temporary field office building for himself, his supply proper current for various types of construction tools, ik subcontractors and use by the Architect. For construction motors, welding machines, lights, heating plant, air contracts with a bid price in excess of $1,000,000.00, the conditioning system, pumps, and other work required. Contractor shall provide a separate field office for the City's Provide sufficient number of electric outlets so that 50 foot field representative (but the separate office may be in the long extension cords will reach all work requiring light or same structure).The buildings shall afford protection against power. the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, Lighting. Supply and maintain temporary lighting so that and a shelf large enough to accommodate perusal of the work of all trades may be properly and safely performed, in project drawings. Openings shall have suitable locks. Field such areas and at such time that day-lighting is inadequate. offices shall be maintained for the full time during the Provide at least 0.75 watts of incandescent lighting per operation of the work of the Contract. During cold weather squgr4e foot and maintain a socket voltage of at least 110 months, the field offices shall be suitably insulated and volts. Use at least 100 watt lamps. In any event, the lighting equipped with a heating device to maintain 70 degree intensity shall not be less than 5 foot candles in the vicinity of Fahrenheit temperature during the workday. During warm work and traffic areas. weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon P-8 HEATING. Heating devices required..undilr this completion of the work of the Contract, the Contractor shall paragraph shall not be electric. The Contractor shall provide remove the building from the premises. In addition to the heat,ventilation, fuel and services as required to protect all drawing shelf, provide for the City field representatives work and materials and to keep the humidity down to the office: one deck, four chairs, plan rack and a four drawer extent required to prevent corrosion of any metal and to filing cabinet (with lock). Each office shall contain not less prevent dampness or mildew which Is potentially damaging than 120 square feet of floor space. to materials and finishes. All such heating, ventilation and services shall be provided and maintained until final The Contractor shall provide and maintain storage sheds, acceptance of all work. In addition, the Contractor shall other temporary buildings or trailers on the project site as provide heat ventilation prior and during the following work required for his use Location of sheds and trailers shall be operations as follows: as approved by the Architect. Remove sheds when work is completed,or as directed. a) At all times during the placing, setting and curing of concrete provide sufficient heat to Insure the heating of P-5 TELEPHONE. The Contractor shall provide and the spaces involved to not less than 40 F. pay for telephone installation and service to the field offices described above. Service shall be maintained for the b) From the beginning of the application of drywall and duration of operations under this contract The Contractor during the setting and curing period, provide sufficient shall provide for and pay for an automatic telephone- Page 21 of 24 `" General Conditions for Construction,Fort Worth,6/20/2000 heat to produce a temperature in the spaces involved of not less than 55 F. SECTION Q VENUE c) For a period of seven(7)days previous to the placing of Interior finish materials and throughout the placing of Should any action arise out of the terms and conditions of finish painting,decorating and laying of resilient flooring this contract, venue for said action shall lie in Tarrant materials, provide sufficient heat to produce a County,Texas. temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION. EQUIPMENT AND PROTECTION The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings,and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Architect, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen, City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard. The Contractor shall provide and maintain pumping facilities, including power,for keeping the site,all times,whether from underground seepage,rainfall,drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible,maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract Such protection shall be positive,shall meet the approval of the Architect and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD. The Contractor shall furnish,install and maintain during the life of the project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking.The bulletin board shall be ° 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 furnished 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. C. Safety Posters. Page 22 of 24 General Conditions for Construction,Fort Worth,6/20/2000 J GENERAL CONDITIONS INDEX - D-21 Trench Safety A DEFINITIONS PROCEDURES AND D-22 Cutting and Patching of Work INTERPRETATIONS D-23 Cleaning Up D-24 Communications A-1 Contract Documents A-2 Entire Agreement E SUBCONTRACTORS A-3 Work A-4 Execution of the Contract Documents E-1 Definition A-5 Familiarity with Proposed Work E-2 Award of Subcontracts A-6 One Unified contract E-3 Terms of Subcontracts A-7 Division of Work E-4 Minority and Women's Business Enterprise A-8 Interpretations (MIWBE) A-9 Copies of Working Drawings and E-5 Payments to Sub-Contractors Specifications A-10 Minority and Women's Business Enterprise F SEPARATE CONTRACTS Policy A-11 Correlation and Intent F-1 Owner's Right A-12 Age F-2 Mutual Responsibility of Contractors A-13 Disability F-3 Cutting and Patching Under Separate Contracts B IDENTITY OF ARCHITECT F-4 Owner's Right to Clean Up B-1 Contract Administration G MISCELLANEOUS PROVISIONS B-2 Termination and Suspension of Work B-3 Duties of Architect G-1 Conflict of Laws B-4 Architect as fepresentative of the Owner G-2 Governing Laws B-5 Access to Job Site G-3 Personal Liability of Public Officials B-6 Interpretations G-4 Compliance with Laws B-7 Authority to Stop Work G-5 Indemnification B-8 Miscellaneous Duties of Architect G-6 Successors and Assigns B-9 Termination of Architect G-7 Written Notice G-8 Surety Bonds C OWNER G-9 Owners Right to Carry Out the Work G-10 Royalties and Patents C-1 Identification G-11 Tests f C-2 Duties of the Owner G-12 Interruption of Existing Utilities Services C-3 Instructions G-13 Laying Out Work C-4 Access to Job Site G-14 Measurements C-5 Progress Inspections G-15 Existing Overhead or Underground Work C-6 Authority to Stop Work G-16 Alignment of Joints in Finish Materials C-7 Substantial Completion Inspection G-17 Integrating Existing Work C-8 Right to Audit G-18 Hazardous Material Certification G-19 Location of Equipment and Piping D CONTRACTOR G-20 Overloading G-21 Manufacturers Instruction D-1 Identification G-22 Cleaning Up D-2 Independent contractor G-23 Dust Control D-3 Subletting G-24 Fire Protection D-4 Review of contract Documents G-25 Cutting and Patching D-5 Supervision G-26 Project Closeout D-6 Labor and Materials G-27 Guarantee and Extended Guarantee D-7 Prevailing Wage Rate G-28 Y2K Compliance Requirements D-8 Warranty G-29 Record Drawings D-9 Taxes G-30 Construction Fence D-10 Licenses,Notices and Fees G-31 Product Delivery,Storage,Handling D-11 Cash Allowances G-32 Removal of Salvaged Material D-12 Superintendent G-33 Manufacturers Reference D-13 Responsibility for Employees and Sub- contractors H CONTRACT TIME D-14 Failure to Commence work D-15 Progress Schedule H-1 Definitions D-16 Drawings and Specifications at the Site H-2 Progress and Completion D-17 Shop Drawings and Samples H-3 Delays and Extension of Time D-18 Site Use H-4 No Damage for Delay D-19 Safe Work Practices D-20 Field Offices and Sheds I PAYMENTS AND COMPLETION Page 23 of 24 General Conditions for Construction,Fort Worth,6!20/2000 L-4 Minor Changes in the Work 1-1 Contract Sum L-5 Field Orders 1-2 Schedule of Values 1-3 Adjustment of Quantities M UNCOVERING AND CORRECTION OF - 1-4 Progress Payments WORK 1-5 Certificates for Payment 1-6 Payments Withheld M-1 Uncovering of Work 1-7 Unresolved Claims M-2 Correction of Work 1-8 Liquidated Damages M-3 Acceptance of Defective or Non-Conforming 1-9 Failure of Payment Work 1-10 Substantial Completion and Final Payment 1-11 Final Payment for Un-Bonded Projects N TERMINATION OF THE CONTRACT J PROTECTION OF PERSONS AND N-1 Termination by the Contractor PROPERTY N-2 Termination by the Owner J-1 Safety Precautions and Programs O SIGNS J-2 Safety of Persons and Property J-3 Hard Hats P TEMPORARY FACILITIES J-4 Emergencies P-1 Scope K INSURANCE P-2 Use of Temporary Facilities P-3 Maintenance and Removal K-1 Insurance Required P-4 Field Offices and Sheds Compensation Insurance P-5 Telephone K-2 Workers'Com Pe P-6 Toilet Facilities K-3 Liability Insurance P-7 Utilities K-4 Builder's Risk Insurance P-8 Heating K-5 Proof of Insurance P-9 Temporary Construction,Equipment and K-6 Other Insurance Related Requirements Protection 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 00000 Page 24 of 24 General Conditions for Construction,Fort Worth,6/20/2000 WEATHER TABLE Month Average Inches of Snow/Ice Days of Rainfall Pellets Rain January 7 1.80 1 February 7 2.36 • March 7 2.54 • April 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 [ANNUALLY 77 32.30 1 (1) Mean number of days rainfall, 0.01"or more F (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. M 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/ice-pellet days for a given month,the contract period will be adjusted by Change Order. 2000 BUILDING&pCONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE AIR CONDITIONING MECHANIC $15.96 PLASTERER 13.29 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,D-LINE 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 t f FoRTW OkTH 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 and Use Tax Permit#1-75-6000528-6 I understand that I will be liable for payment of sales tax which may become due for failure to comply with the provision of the states,city and or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determine by the price paid for the taxable items purchased or the fair market rental value for the period of time use. I understand that it is a misdemeanor to give an exemption certificate to the seller taxable items which I know,at the time of purchase,will be used in a manner other than that expensed In this certificate and upon conviction,may be fined up to$500 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 l� City,Sta COPY FOR SAMPLE PURPOSES Signattw ORIGINAL WILL BE PROVIDED TO CONTRACTOR Date: az: 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 PURCHASIHC DlyiSiml, THE CITY OF FORT WORTH • 1000 THROCKMORTON STREET t FORT WORTH,TEXAS 76102 (817)871-8360 t FAX(817)871-8440 p Primed on recycNd l SECTION 00001-SUMMARY OF WORK PART 1 -GENERAL 1.1 SUMMARY A. The Owner is: City of Fort Worth, Fort Worth, Texas; the building involved is the Central Library, 500 West 3rd Street; owner's representative is Transportation & Public Works, Building Services Division as designated on the Notice to Proceed. B. Section Includes: 1. Project description. 2. Permits and licenses. 3. Access to the site& use of the premises. 4. Pre-construction meeting. 5. Security requirements. 6. Coordination requirements. 1.2 PROJECT DESCRIPTION A. The project consists of painting the exterior stucco, EFIS and GFRC columns and trim with the specified elastomeric paint. B. The central Library is a two story building with approximately 50,000 square feet footprint. 1.3 PERMITS & LICENSES A. The following regulations are applicable to this project: 1. Uniform Building Code current edition utilized by the City of Fort Worth. 2. All local, state and national codes and regulations. B Other regulations may also be applicable. C. Obtain ROW Permit from TPW, Cynthia Parks, 871-7894. Contractor to pay fees associated with registration as Contractor. Project fee waived. 1.4 ACCESS TO THE SITE AND USE OF THE PREMISES A. The space available to the contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project will be as permitted in the Right of Way Permit. B. Access to site will be extremely limited; obtain owners approval of proposed routes of access and parking @ pre-construction meeting. C. Storage areas will be coordinated by Contractor with owner's representative. 0. Signs: Provide signs and barricades adequate to direct public away from work areas as instructed by ROW permit officer and owner's represenative. 1.5 PRE-CONSTRUCTION MEETING A. A pre-construction meeting will be held at a time and place designated by the owner's representative for the purpose of identifying responsibilities and providing an explanation of administrative procedures. B. The contractor shall also use this meeting for the following minimum agenda: 1. Construction schedule. 2. Use of areas of the site. 01010.- 1 3. Delivery and storage. 4. Safety. 5. Security. 6. Cleaning up. 7. Procedures relating to: a. Submittals. b. Change orders. C. Applications for payment. d. Record documents. C. Attendees shall include: 1. The owner' representative. 2. The contractor project manager and site superintendent. 3. Manufacturer's Representative 3.2 SECURITY PROCEDURES A. Limit access to the site to persons involved in the work. B. Secure completed work as required to prevent loss. 3.3 COORDINATION A. The owner's representative will be the primary coordinator for the project. The manufacturer's representative will provide submittal approval and site inspections as described in Section 09830. B. Stucco or EIFS repairs, if necessary, must be provided through Exterior Wall Systems, contact Mr. Steven Wayne, (972) 230-3806. Coordinate with owner's representative in the event of the need for such repairs. C. See other requirements in other portions of the contract documents. 00000 01010,-2 SECTION 09830 ELASTOMERIC COATINGS CENTRAL LIBRARY FORT WORTH, TEXAS. PART 1 GENERAL 1. 01 SECTION INCLUDES A. Provisions of general, supplementary conditions, and Division 1 apply to all work in this Section. B. Furnish all labor, materials, tools and equipment as necessary to perform application of elastomeric coating as shown on drawings and as specified in this section. 1 . 02 REFERENCES A. American Society for Testing and Materials (ASTM) : B. Federal Specifications 1 . TT-C-555B (COM-NBS) Federal Specification Coating, Textured, (For Interior and Exterior Masonry Surfaces)•, Paragraph 4 . 4 . 7 Resistance to Wind- Driven Rain 1 . 04 SUBMITTALS fi A. Comply with General Conditions for Bonding and Insurance requirements. B. Contractor must provide intent to warranty document from manufacturer within 5 business days of bid opening to owners representative Bill Matysek by fax at (817) 871-8488 . C. Submit laboratory tests or data that validate product compliance with performance criteria specified. D. Submit MSDS to Owner along with Product Data. 1. 05 QUALITY ASSURANCE A. Manufacturer qualifications: Company regularly engaged in manufacturing and marketing of products specified in this section. 09/28/200009 `2?? 20^^ 09830-1 ELASTOMERIC COATINGS B. Contractor qualifications: Qualified to perform work specified by reason of experience or training provided by product manufacturer. Minimum 5 years experience applying waterproof coatings. C. Notify manufacturer' s authorized representative at least two weeks before start of work. Schedule minimum of 3 job site inspections by manufacturer' s authorized representative, first scheduled before application of finish coats. 1. 06 DELIVERY, STORAGE, AND HANDLING A. Deliver products in original factory packaging bearing identification of product, manufacturer, batch number, and expiration date as applicable. Provide Material Safety Data Sheets for each product . B. Store product in location protected from freezing, damage, construction activity, precipitation and direct sunlight in strict accordance with manufacturer' s recommendations. C. Condition products to approximately 60 to 70 degrees F for use in accordance with manufacturer' s recommendations. D. Handle all products with appropriate precautions and care as stated on Material Safety Data Sheet . 1. 07 PROJECT CONDITIONS A. Do not use products under conditions of precipitation or freezing weather. Use appropriate measures for protection and supplementary heating to ensure proper drying and curing conditions in accordance with manufacturer' s recommendations if application during inclement weather occurs. B. Ensure substrate is dry. C. Protect all adjacent work from contamination due to mixing, handling, and application of preparation and repair products and elastomeric coating. PART 2 PRODUCTS f 2 . 01 MANUFACTURERS 09/28/200009/27/20 09830-2 ELASTOMERIC COATINGS A. For purpose of defining quality of materials in this Section SONNEBORN BUILDING PRODUCTS, CHEMREX, INC. , Shakopee, Minnesota conforms to requirements of this specification. B. Substitutions 1. Alternates to acceptable manufacturer will be considered only on basis of written requests. Submit substantiation of product performance as listed in section 2 . 02 below. 2 . All materials must be approved in writing by the manufacturer of the elastomeric coating. 2 . 02 PERFORMANCE CRITERIA A. Liquid properties of elastomeric coating: 1 . Solids content by weight : 62 .2 percent plus or minus 9 percent 2 . Solids content by volume: 47 . 0 percent plus or minus 3 percent 3. Viscosity: 125 to 132 KU 4 . Weight per Gallon: 10. 7 plus or minus 0. 1 lb. 5. Color: As specified by Architect B. Cured properties of elastomeric coatings: 1 . Tensile Strength ASTM D412 294 psi 2 . Elongation ASTM D412 600 percent (at break) 3. Fungus & mildew ASTM D3274 Film totally absent of resistance growth after testing 4 . Salt spray (fog) ASTM B117 no fade, checking or testing 500 hours : chalk 5. Cold temperature ASTM C711 Passes flexibility 6. Vapor transmission ASTM D1653 24 . 5 wet perms 2 . 2 dry perms 7 . Accelerated ASTM G26 No chalking, checking, weathering 6000 hrs discoloration, or cracking 8 . Shore A hardness ASTM D2240 87 9. Wind-driven Rain TT-C-555B Passes (98 mph) 10. Flame spread ASTM E84 5 11. Smoke density ASTM E84 5 09/28/200009/2720 09830-3 ELASTOMERIC COATINGS 12 . NFPA Class A 13. UBC Class I 2. 03 MATERIALS A. Substrate Priming Materials 1. CHALKY SURFACE PRIMER : white pigmented, low VOC waterborne acrylic primer for use on previously painted surfaces that exhibit chalk after pressure g cleaning or as sealer on new, cured precast, and cast-in-place concrete, and stucco. B. Crack Preparation Materials 1. PATCHING COMPOUND 746, 747, 748, and 750 : acrylic emulsion formulations used for repair of nonmoving cracks that have been chipped out or routed if larger than hairline. Knife grade, smooth and textured (748 and 746 respectively) and brush grade, smooth and textured (750 and 747 respectively) : to match existing substrate textures. 2. SONOLASTIC® NP 1 : single component, moisture- curing, elastomeric urethane sealant; for use in dynamic, moving cracks that have been routed out to minimum of 1/4 inch by 1/4 inch; for repair of expansion and contraction joints, window frame sealant replacement and repair, parapet wall details and sealing, and special sealant detailing as required. C. BLOCK FILLER 749: 100 percent acrylic terpolymer ready to apply on concrete block to provide dense, uniform surface for Colorflex. Block Filler 745: fibrated grade. D. SONOPATCH® 100 AND 200: cement based patching compounds that contain no added gypsum, formulated with selected aggregates, additives, and shrinkage compensating agents for general small area repair and patching applications. E. SONOCRETE® ACRYLIC ADDITIVE: 100 percent acrylic emulsion bonding agent and additive for use with SONOPATCH® 100 or 200; premeasured gauging liquid for these patches. 09/28/200099/2? i20 09830-4 ELASTOMERIC COATINGS i F. Use BUILDING PRODUCTS in all other instances and applications as approved in writing by manufacturer pertaining to this work to provide Owner with single source system and warranty. G. COLORFLEX finish coating, as high performance, elastomeric coating: 1 . Contain by volume minimum of 53 percent nonvolatile solids, exhibit elongation factor of 400 percent minimum; 100 percent acrylic; internally plasticized to produce weatherproof coating capable of being applied at 10 to 13 mils, dry film thickness, by spray, roller, or brush. 2 . Possess crack-bridging capabilities 3. Be available in tint bases or textured according to requirements of Owner. PART 3 EXECUTION 3. 01 EXAMINATION A. Inspect all areas involved in work to establish extent of work, access, and need for protection of surrounding construction, windows, and shrubbery. C. Conduct all preapplication inspections of site verification with authorized Sonneborn Representative. 3. 02 PREPERATION a. Inspect all mortar joints. Ensure there are no gaps, cracks or voids greater than 0. 002 inches (2 mils) . Repair all gaps, cracks or voids greater than 0 . 002 inches (2 mils) . B. Inspect all expansion joints. Ensure there is no deteriorated sealant, adhesion loss or non-elastomeric caulks installed in joints. Repair all deficient sealant or caulk with NP 1 . C. Inspect all through wall penetrations, including w electrical, lighting, signage, plumbing, HVAC, fire 09/28/200009/27 20 09830-.5 ELASTOMERIC COATINGS sprinkler piping for watertight seal . Repair all deficiencies with NP 1 . D. Inspect all flashings, including cap flashing and roof flashing for water tight seal. Repair all deficiencies with NP 1 . 3. 03 APPLICATION: RENOVATION - PREVIOUSLY PAINTED STUCCO, e AND PRECAST PANELS A. Protect all surroundings from Primers, Patching Repair Compounds and Finish products to include, but not be limited to, windows, roofs, walkways, drives, and landscaping. B. Pressure wash all surfaces to be coated according to manufacturer' s recommendations to remove dirt, excess chalk, loose paint, salt, and other contaminants. - C. Remove mildew and fungus to deter subsequent growth by washing surfaces vigorously with solution of 1 tablespoon of detergent and 1 to 2 pints liquid bleach in 1 gallon of water. Rinse thoroughly with clear water. Treat severely infested substrates second time after an interval of 1 to 2 weeks to further promote elimination of growth. Allow walls to dry minimum of 24 hours before application of primer. D. Prime cleaned chalking or dusty surfaces with 1 coat of Chalky Surface Primer so that no glaze (sheen) results. Coverage rate will vary with density, porosity, and finish of stucco and panels (175 to 350 square feet per gallon) . Apply in accordance with manufacturer' s written instructions . E. Treat cracks 1/16 inch or less by applying liberal amount of Patching Compound, (selected to most closely match substrate) , directly over crack and extending it beyond crack no less than 4 inches. Leave approximately 1/4 inch thickness of material directly over crack. Allow Patching Compound to achieve thick skin before application of coating. Temperature and relative humidity will directly affect dry time. F. Chip or grind out non-moving cracks larger than 1/16 inch and fill with NP 1 sealant . G. Sealant (caulking) Repair: Clean loose or deteriorated window caulking, expansion/contraction joint sealant 09/28/200009 2? X20 09830-6 ELASTOMERIC COATINGS and other caulked details to fresh surface and reseal with NP 1 urethane sealant. H. Juncture Details: Apply and tool liberal amount of Patching Compound or cant bead of NP 1 as necessary wherever there is a change in direction where two walls abut and at column and wall intersections . I . All preparatory work: Manufacturer' s representative must supply written approval of substrate before proceeding to application of elastomeric finish coats . J. Finish Coat: Apply two pinhole-free finish coat of Colorflex at rate of 50 to 80 square feet per gallon to Stucco and Precast Panels to achieve minimum 12 to 15 dry mils total thickness. 3. 04 FIELD QUALITY CONTROL A. Manufacturer' s Field Service. Final inspection: Warranty request . Manufacturer' s representative will inspect finished surface preparation, application, and finished coating and may require further preparation or application to achieve appropriate result. In no case will manufacturer' s representative approve surface or finish if following conditions are found: pinholes, insufficient coating thickness (12 mils dry film thickness minimum required) , loose paint, paint with curled edges, crack treatments with loose edges, loose stucco (to be determined by sounding method) , or any other conditions, which, in manufacturer' s representative' s opinion, may cause failure of installation. 3. 05 CLEANING A. Remove wet Primers, Patching Repair Compounds and Finish products from tools and equipment with water or solvent as appropriate. Remove dried materials mechanically. B. Clean up and properly dispose of all debris remaining on job site related to application. 3. 06 WARRANTY 09/28/200009 /27 /20 09830-7 ELASTOMERIC COATINGS A. Contractor' s Warranty: Full system, labor and materials for one year commencing at final acceptance by Owner. B. Manufacturer' s Warranty: Full system, labor and materials for five years against failure and moisture penetration. END OF SECTION 09/28/200009/27/20 09830-8 ELASTOMERIC COATINGS 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 5"' day of December 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 Smith's Painting of the City of Irving 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: PAINT EXTERIOR CENTRAL LIBRARY TPW2000-025 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 $58,600.00 and includes the base bid and No Alternates. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 90 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. C - 1 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 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 5"' day of December , AD, 20 00 Contractor By: APPRCe�t(., Name By: Office Assistant City Manager APPROVAL RECOMMENDED: RECORDED: By: a4By: Transpoff ion and Public Works ity Secretary APPROVED AS TO FORM AND LEGALITY: Date V By. !/ A sist n City A ey �< - /"y� �T OW-tract Authorization I /a - -o� I Date f C - 2 ` BOND NO. MSF-00904 PAYMENT BOND " THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we, Smith's Painting a corporation of_ Dallas County, Texas , hereinafter called Principal and (3) XL SPECIALTY INSURANCE COMPANY , 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: ■ -Fifty Eight Thousand,Six Hundred Dollars. $58,600.00 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 5th day of December ,2000, a copy of which is hereto attached and made a part hereof,for the construction of: PAINT EXTERIOR CENTRAL LIBRARY TPW2000-025 i designated as Project Number GR76/020032800010 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 agrces • 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 5th day of December ,2000. SMITH'S PAINTING Principal(4) ATTEST: BY: � (Princip Secretary (Printed Name/Tit e (SEAL) 1123 WINSTON ADDRESS IRVING, TX 75060 CITY/STATE/ZIP 145!Q E. AMERICAN LN. , 20TH FL. SCHAUMBURGI IL 60173 XL SPECIALTY INSURANCE COMPANY (Address) (Surety) �Suvety)Secretary By: au (Attorney-in-Fact)(5) PAULINE L. LESCH (Printed Attorney-in-Fact) (SEAL) 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 (4) Y Contractor is Partnership all Partners should execute bond A:15PAYBOND.FRM IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 7SPECIAJY _ AN XL CAPITAL COMPANY IIIIIIIIIIIIlIIII�IIIIIIIIIIi1IIIIIIIII B°° l[,�]F �9®� LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the XL SPECIALTY INSURANCE COMPANY,a corporation organized and existing by virtue of the laws of the State of Illinois("Company"or`Corporation"),does hereby nominate,constitute and appoint Patthne L.Lesch its true and lawful Attomey(s)-in-fact to make,execute,attest,seal,and deliver for and on its behalf,as surety,and as its act and deed,where required,any and all bonds,undertakings.recognizances and written obligations in the nature thereof,the penal sum of no one of which is in any event to exceed$5,000,000.00 as required by Surety Obligees. Such bonds and Undertakings,when duly executed by the aforesaid Attomey(,)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and scaled with its corporate seal This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED,That the President,or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship,and that any Secretary or any Assistant Secretary of the Company be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney,and to attach thereto the Seal of the Company. FURTHER RESOLVED,That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 7, 1997. "RESOLVED,That the signature of Stanley A.Galanski,as President of this Corporation, and the seal of this Corporation may he affixed or printed on any and all bonds,undertakings,recognizances,or other written obligations thereof,on any revocation of any Power of Attorney,or on any certificate relating thereto,by facsimile,and any Power of Attorney,any revocation of any Power of Attorney,bonds,undertakings, recognizances,certificate or other written obligation,bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF,the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 3rd day of January,2000. XL SPECIALTY INSURANCE COMPANY 10 w "" PRESmENT *'.SEAL if ATTEST: SECRETARY STATE OF ILLINOIS COUNTY OF COOK ss. On this 3d day of January,2000,before me personally came Stanley A.Galanski to me known,who,being duly sworn,did depose and say:that he is President of the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority: OFFICIAL SEAL JOETTE R GASTRO NOTARY PLOX.STATE OF LLNOIS V COMMSSION EXPRES 7 2n 3J7 NarARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK as. R I,Ben M. Llaneta„Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois,do hereby certify that the above and foregoing is a full„true and correct copy of Power of Attorney issued by said Company,and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WTTN&SS WHJEREOF, I have,her�ytO0 tet my hand and affixed the seal of said Company,at the City of Schaumburg,this 5th day of_ ce�mDDer ,F u :�7 er--V� SECRETARY ., 12/11/00 14:12 ' 9724235662 THE ROY AGENCY Q002/002 AMOR110s, ERTIFICATE OF LIABILITY INSURANCE2n1/M R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 71m ROY AAarq kic. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 701 EW PWV PXb aY HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Bubb 115 ALTER THE COVERAGE AFFORDED BY THE POLICIES OF-LOW. Plano TX 750748774 INSURERS AFFORDING COVERAGE YSURED W-CAMER A; Bitiaftws Fie&Marine RDs Ena►rprime dba Swift Pdit rASwR a. Colonial C"my lnersrgrt 1129 Wkvkn KILM c: stumi ac>T;Ceafy Can" Inft TX 7MM POUKR 0: t41IRER e 6 rHE POLICIES OF MURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOA THE POLICY PERIOD INDICATE0.NOTWITRSTANOING 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 M SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDIT0S OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID MAW. rfK OF INSURANCE PCUCY NUMSERIVE 12- Do Imm"m mmomm LIMITS A wm&Lwmm GLP3095862 09/18100 10/01/01 EAaHocc M t 1.000,000 XCOW04K GENatAL UABLITY PER PRDJ AGGF EGATE FIRE DAMAGE I&N w&Iml s 50.000 CLAW MADE ®OCCUR $500 DED PER CLAIM MED W(Any ar pow) $ 5.000 X 8LKT AM-L 1 NSIM $5.000 CAP PER PERSOtML t ADV MAW s 1,000.0w X 8LKT WAIVER St1ERTAT I CN Opp G84MAL AGGFEGAT_ t 2,000,0 O &AG00ATE UWT APPLIES KR PROOUCT8-COMPAOP AW S 2,000,000 Po my LDO A AUTO pe`E uAB°1TY CAP3097878 09115100 10/0110 sLent , 1,000.000 X ANY AUTO 8LKT ADO'L INSURED ALL OWNED AUTOS 8LKT WAIVER SUBRO- RO�Kuw t SCIIEOUI.ED AUTOS X hVM Auras DO ' i X FgNCWNED AUTOS PR GARACifi lIAe1M AUTO ONLY-EA AGCVe4T t ANY AUTO rySHER TF" 9A AOC S AUTO OWY: AGG $ C EXCESS UABLITY EACH OCCURRENCE S MAW2,000,000 X OwAm p QM4 MACUP2527100 08/,61DO ,0101!0, AGGFE"TE t 2,000,000 t=OLLONr FOFW GWERAG S DEOICrIe�E RETENTION s : WORKERS=#ENSATUIN AND X " $ EMPLOYEW LAWLITY WC007287 08116100 10/01101 LL EACH Ac >QM>titr = 1,000.000 El DMEASE-EA EMPLOrPE I 1 1,000-000 eL DISEASE-Poicr umrr Is 1,000,000 tOTM" 8 Workers, Compensation WC007287 09116/00 10101101 Blkt Waiver Subrog DESCRIPTION OF OPERAT&s-t fdrm&vEHIC1EsmxCwsm ADDED sy emomuENTmEcK PROVISom Paint Exterior TPW2000-025 Central library. City of Fort Worth is named as Additional Insured on General liability and AutorwbiIs Policies with Waiver of Subrogation in their favor on General liability, AulmobfIs and Workers, Compensation Polioles. CFRnFlQATE DER ADDfTOM INSURED:MUAER LET MA: SHOULD MY OF TAE ABOVE DESCR6ED POUCaS BE CANCUIED BEFOG THE EPPATM Ck d Fort Word%TraTmpc Molt a Pd*Wodra DATE THEREOF,THE MWO INSURER"LL 00eMDR To MAL 80 ars WRMEN AttTI,Vkm mcnansid NOTCE TO TIE CERTIFICATE HOLDER NAMM TO THE LEFT,eUT FALIAtE TO DO SO SAIL 1000 Tlaodeltatorl PO Bou 17W &POSE NO OM.&TCN OR UAWTY OF ANY 00 UPON THE 0GUR ,ITS AGENT&OR Fat WorBT TX 78102-0027 nEPRESENTATNES. 00i55 REPRESENTATrVE Ix i Roy,ac vP , - A(70ftD 2&6(7187) 9 AOM=VRAnm 1988 12/15/00 If, 33 '09724235662 THE ROY AGENCY 0002/002 � ro.i►® INSURANCE BINDER DATE 12115N00 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDMONS SHOWN ON THE REVERSE SIDE OF THIS FORM, PRODUxMR COMPANY WOO Mw*m CaN udy CaRpa Tti RW AQmW kr- DATE TILE PATE TME 701 Ead Pima PNit*way &ft 115 AMX 1201 AM Pima TX 750748774 120012:01 PM 03/20101 NOON THIS SMgER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SUB CODE: PER EXPIUNG POLICY t: DESCRIPTION OF OPERATNONSNVEHKAESRROPERTY(Nxkxi p Umbw) INSURED RAS EINIaTDTtoee c t Stt A PNift Fat Wadi Car&W UM TPWt2000•SS 11291MKebf1 PAINT EXTERIOR kft TX 75080 COVERAGES LIM1)TS TYPE OF INSURANCE COVEAAUJIFORMS DESUCiINLE COINS% AMUNT PROPERTY CAUSES OF I= B AuxR'S RISK FOR EXTERIOR 1000 58.900 ^ mm m u o'a 9PEN PAINTING ONLY X ALL RISK GENERAL LIABITTY EOMI OCCLAAENCIE _ CONAERCIAL GENERAL LIAULITY FIRE DAMAGE IMV w Cin) i CLAM MADE ❑OCCUR MED Ev m a*"am) i PERSONAL I ADV KuRY i GENERAL AGGREGATE i RETRO DATE FOR CLAIMS MADE: PRODUCTS-C OMPPiOP AGG i AUTOMOW UABILNTY COMAMO SINGLE LBMMT i ANY AUTO BDOLY KIURY(Pet Pease) i ALL OWNED ALMS BODLY ILXNRY(Per h0diM4) i SCHEDULED AUTOS PROPERTY DAMAGE S HIRED AUTOS MEDICAL PAYMENTS:j S NON-OWNED AUTOS PERSONAL KAIRY PROT S UNNSUREO MOTOW i s AUTO PHYSICAL DAMAGE DEDUCTBU ALL ViliCUS Li SCHEDULED VEHICLES ACTUAL CASH VALUE COLLIS . STATED AMOUNT $ OTHER THAN COL: OTHER GARAGE UA&LITY AUTO ONLY.EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCRIENT i AGGREGATE i EXCESS UABILITY EACH OCCURRENCE s UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAW MADE: SELF•NNSMW RETENTION S WC STATUTORY LIMMS WORKERS COMPENSATION EL EACH ACCKXWAND S EMPUMRS VAMLITY EL DISEASE•EA EMPLOYEE S F- DISEASE-POULY UMIT $ EXTERIOR IZIE'4N�S OPYPOLICY FORMS AND CONDITIONS. BUILDERS RISK FOR FEES i K6rT ,i i TAXES S OEs 971 MATED TOTAL PRt`LgIM It NAME X ADDRESS MORTGAGEE ADDITIONAL WAKO RY COF FORT WORTK TRANSPORTATION 8 PUBLIC WORKS X LOSS PAYEE HCENTRAL LIBRARY TPWr,Wfld-'r' 1000 TdROCKMORTGN LOAN. P O BOX 17027 FORT WOM TX 791024= AUTHORRED REPRESENTATIW ^ �J C J ROY CIC VP oj�C: N► ACORD 75-S (1198) NOTE: NPORTANT STATE INFORMATION ON REVERSE SIDE COHPORATION 1993 l9a CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Smith's Painting certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Paint Exterior of the Central Library — TPW2000-025 project number, GR76/020032800010. By: _ 'iJI) Title Date STATE OF TEXAS 3 COUNTY OF TARRANT 3 BEFORE !MSE, the undersigned authority, on this day personally appeared I t e4 a� Q �t _ , known to me to be the person whose name is subscribed to the pie going instrument, and acknowledged to me that he executed the same as the act and deed of f S' d a fv f . for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /y day of 1)e p p m 10 j,J , 2000. _ 44� ► %"° CKABEY '.`!'•E SLow of Texas otary Public in and for the Sta a of Texas sion Expires r 31,2001 (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. 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