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HomeMy WebLinkAboutContract 51777 CITY SECRETARY 'T-ACT N0. 51717 CONTRACT FOR SERVICES BETWEEN THE CITY OF FORT WORTH AND CENTURY FIRE PROTECTION,LLC This Agreement ("Agreement') is entered into by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation, acting by and through Susan Alanis, its duly authorized Assistant City Manager, ("City's and CENTURY FIRE PROTECTION, LLC, a Delaware limited liability company, acting by and through its duly authorized representative, ("Contractor") for work to be performed at the Fort Worth Convention Center("Convention Center'). In consideration of the mutual covenants and terms and conditions set forth herein, the parties agree as follows: 1. Scope of Work. Contractor shall perform all work set forth in the Scope of Services ("Work'),attached hereto as Exhibit A and incorporated herein for all purposes,which shall include,but not be limited to,all labor,materials,equipment,services,and other items required to complete the work at the Convention Center, unless specifically amended herein. The work area at the Convention Center shall remain clean and free of debris and any work shall not impede the public's use and enjoyment of the Convention Center.The general conditions of the Work are stated in Exhibit B, attached hereto and incorporated herein for all purposes.The general condition in Exhibit B are supplementary to the terms and conditions set forth in the body of this Agreement. The terms in the body of this Agreement shall control over the general conditions in Exhibit B to the extent that there is any conflict. 2. Contract Term. a. Commencement. Work required under this Agreement shall begin no lata than k wr-Decembgr 12, 2018 and completed not later than meaty-March 28, 2019 ("Term'J.The parties may agree,in writing,to extend the term of this Agreement. b. Time of the Essence. Time is of the essence for this Agreement. G� 3. Contract Sum. _U a. City will pay Contractor Two Hundred Ninety-One Thousand,Nine Hundred Fifty-Four Dollars and No cents ($291,954.00) ("Contract Sum!'), which shall constitute full compensation for all Work to be performed under this Agreement. The Contract Sum will be paid in the following two,separate installments: i. Phase 1: City will pay the Contractor One Hundred Twenty-Two Thousand Five Hundred Dollars and No Cents ($122,500.00) upon verification by the Director of the City's Public Events Department, or that person's designated representative, ("Director")that the Contractor has purchased all materials and submitted all designs to the Director for the Work, all of which are subject to prior-approval by the Director. ii. Phase 2: City will pay the Contractor One Hundred Sixty-Nine Thousand, Four Hundred Fifty Four Dollars and No Cents($169,454.00)after completion of the `�y� Work and full acceptance of the Work by the Director as set forth in Section 4 �6C.C'�'�� X4"0' 0 below. �Q' tj �°Q� �� The parties may amend this Agreement to allow for additional payment if additional services are required,per Section 6. Contract for Services 1 of 20 4. Payment Schedule. To receive payment for Phase 2,the Contractor must submit written documentation to the Director certifying that the Work has been completed pursuant to the terms of this Agreement. a. Completion of the Work: Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspection and certify completion of the Work by cosigning it with the Contractor. At the very least, the Contractor must certify the following: i. Contractor's Affidavit of Payment of Debts and Claims stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or the City's property might in any way be responsible,have been paid or otherwise satisfied; ii. Consent of Surety to Final Payment,if any,to final payment; iii. Contractor's Affidavit of Release of Liens;and iv. Other data establishing payment or satisfaction of all such obligations, such as receipts,releases, and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the City; v. Contractor's Warranty; vi. Statement that all outstanding Work has been completed; and vii. Final acceptance by the City. b. Withholding Payment: City may decline to approve payment, either in whole or in part, to such extent as may be necessary in the City's opinion to protect the City from loss because of: i. Defective work not remedied; ii. Claims filed or reasonable evidence indicating probable filing of claims; iii. Failure of the Contractor to make payments properly to Subcontractors, or for labor,materials or equipment; iv. Damage to another contractor; v. Reasonable indication that the Work will not be completed within the Term; or vi. Unsatisfactory prosecution of the Work by the Contractor. c. When such grounds for the refusal of payment are removed, payment shall be made for any amounts withheld because of them. 5. No Subcontractors. Notwithstanding anything herein to the contrary, Contractor shall perform all Work itself and shall not contract with any subcontractors to perform any of the Work. 6. Changes in the Work. City may order changes in Work within the general scope of the Agreement consisting of additions, deletions, or other revisions, the Contract Sum and Term being adjusted accordingly. Such changes in Work shall be authorized by written Change Order or amendment signed by City and Contractor. If City requests additions to Work, it will be performed on a time and material basis at rates negotiated and mutually agreed to by the parties. 7. Warranty and Correction of Defective Work. a. For a period of one (1) year following the date of completion of the Work, Contractor represents and warrants to the City that the materials-furnished under this Agreement for the Work shall be new, of good quality, in good working order, and perform as intended; and that the Work will be performed in conformance with this Agreement and professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that Contract for Services 2 of 20 cause or accelerate deterioration). Contractor shall commence any work in accordance with this warranty within fourteen (14) calendar days from receipt of written notice from City and complete such work within thirty (30) business days thereafter at no expense to City. If City observes any breach of warranty as described herein that is not curable by the Contractor, then the Contractor is responsible for reimbursing the City for damages, expenses, and losses incurred by the City as a result of such breach. The representations and warranties in this section shall survive the termination or other extinction of this Agreement. b. Contractor also warrants and guarantees that title to all Work, materials and equipment covered by this Agreement will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as"liens"; and that no Work,materials or equipment covered by this Agreement will have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 8. Indemnification. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, AND PROPERTY DAMAGE) AND PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH ) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT,OF WHATSOEVER KIND OR CHARACTER,WHETHER REAL OR ASSERTED,ARISING OUT OF OR RESULTING FROM THE NEGLIGENT ACT, ERROR, OR OMMISSION OF THE CONTRACTOR AND ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE,OR NONPERFORMANCE OF THIS AGREEMENTS EXCEPT TQ THE EXTENT THAT THE SAME RESULT FROM 'IUE SOLE NEGLIGENCE OR Ko WILLFUL MISCONDUCT OF THE CITY. 9. Insurance. Contractor shall comply with the insurance requirements set forth in Exhibit B. 10. Contract Termination. a. Termination for Convenience. The Work to be performed under this Agreement may be terminated by City, subject to written notice submitted twenty(20)calendar days before termination,specifying the grounds for termination. i. If the termination is for the convenience of City, City shall pay Contractor for services actually rendered up to the effective date of termination, and Contractor shall continue to provide the City with the Work requested by City and in accordance with this Agreement up to the effective date of termination. Contract for Services 3 of 20 b. Termination for Cause. If either party to this Agreement shall willfully'or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements, or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate,specifying the grounds for termination.The defaulting party shall have thirty (30) days after receipt of the notice to cure the default (the"Cure Period'J. If the default is not cured during the Cure Period,then this Agreement shall terminate.Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 11. Contractor ComQliance Responsibilities. Contractor shall give notices and comply with all laws, ordinances, rules, regulations and orders of public authorities bearing on performance of the Work Contractor warrants that it is properly licensed in the state to perform the Work required by this Agreement. 12. Time Extension, Force Majeure. City or Contractor, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties'control or Acts of God, adverse weather conditions, flood, riot, civil insurrection, labor strikes, or orders of local or federal government render timely performance of the parties'services impossible or unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must inform the other in writing within ten(10)days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control shall not be considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for the duration of such conditions. 13. Permits. Required construction and/or governmental permits, if any, will be obtained by Contractor prior to commencing the Work. 14. Sal- . Contractor shall take all reasonable safety precautions with respect to performance of the Work and shall comply with safety measures initiated by the City and all applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of persons and property. Contractor shall report to City within seven (7) days an injury to an employee or agent of Contractor which occurred at the Convention Center. 15. Concealed Conditions. If concealed or unknown physical conditions are encountered at the Convention Center that differ materially from those indicated in the Agreement or from those conditions ordinarily found to exist at the Convention Center and those conditions cause delay in the Work,the Contract Sum and/or Term shall be equitably adjusted by written agreement of the parties. 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and no amendment, alteration, or modification of this Agreement shall be valid unless in each instance such amendment, alteration or modification is expressed in a written instrument,duly executed and approved by each of the parties. There are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby.Without limitation,this specifically applies to any bid or proposal signed by employees of the City's Public Events Department, whether such individual(s) acted with or without authority,either express or implied. 17. Severability. 'Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be modified or deleted in such a Contract for Services 4 of 20 manner as to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under applicable law. 18. Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party,and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Contractor and its respective successors and permitted assigns. 19. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 20. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas— Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 21. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Contractor,and any lawful successor or assign, and are not intended to create any rights,contractual or otherwise, to any other person or entity. 22. Contract Construction.The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 23. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by City to Contractor of written notice of City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 24. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed part of this Agreement. 25. Audit. Contractor agrees that City will have the right to audit the financial and business records of Contractor that relate to this Agreement(collectively"Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement.• Throughout the Term of this Agreement and for three (3) years thereafter, the Contractor shall make all Records available to City on 200 Texas Street, Fort Worth, Texas 76102 or at another location in City acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein, this section shall survive expiration or earlier termination of this Agreement. 26. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original,but all of which together will constitute one and Contract for Services 5 of 20 the same instrument.A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 27. Notices. All notices required or permitted under this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, or its authorized agent, employee, servant, or representative, or (ii) received by the other party or its authorized agent, employee, servant, or representative by reliable overnight courier or United States Mail, postage prepaid, return receipt requested,at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: To CONTRACTOR: Director CENTURY FIRE PROTECTION,LLC Public Events Attn:Richard Alan Deeb,President City of Fort Worth 3316 S.Jones Street 1201 Houston Street Fort Worth,Texas 76110 Fort Worth,Texas 76102 With a copy to: Department of Law City of Fort Worth Attn: City Attorney 200 Texas Street Fort Worth,Texas 76102 28. Independent Contractor. It is expressly understood and agreed that Contractor shall operate as independent entity in each and every respect hereunder and not as an agent,representative,or employee of City. Contractor shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of Contractor and installation of the Work and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Agreement shall be construed as the creation of a partnership or joint enterprise between City and Contractor. 29. Prohibition on Contracts With Companies BoycottingIsrael. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract.The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel,and(2) will not boycott Israel during the term of the contract 30. ImmiMation Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish Contract for Services 6 of 20 appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 31. Authorization. By executing this Agreement, Contractor's agent affirms that he or she is authorized by the Contractor to execute this Agreement and that all representations made herein with regard to Contractor's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. (Signature Page Follows) Contract for Services 7 of 20 Executed in multiples this the day of 0 2018. ACCEPTED AND AGREED: CITY: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and By: reporting requirements. 5QMAame. Susan Alanis Assistant City Manager Date: I f cc By: ame: Feleshia Cochran APPROVAL RECOMMENDED: Title: Assistant Direct,Public Events APPROVED AS TO FORM AND LEGALITY: By: 4��h Name: Kirk Slaughter By. Title: Director,Public Events .Wallach ATTEST: Title sistant City Attorney CONTRACT AUTHORIZATION: This Agreement will be ratified by City Council at a later date as the services are being procured due By: Gjjiso immediate health and safety concerns. IIN*e-: Mary Kayser A. Title: City Secretary rm 1295 Certification No.: 2019—yO(W-(-3 U CONTRACTOR: CENTURY FIRE PROTECTION,LLC By N: Richard Alan Leib Title: President Date: Contract for Services 8 of 20 ExHIBIT A WORK 1. Contractor will provide plans, permits, and test with the City of Fort Worth Fire Department. 2. Contractor will also provide a new fire alarm system for the Convention Center with the following material per National Fire Protection Association and all federal, state, and local City laws, codes,plans and specs provided. a. Addressable Silent Knight Farenhyt fire alarm panel with voice evacuation capabilities. b. Addressable photo smoke detector located above the main fire alarm panel c. Addressable photo smoke detector located at each elevator lobby, and elevator machine room for elevator recall functions. d. Addressable manual pull station located next to the main fire alarm panel e. Remote mount annunciator located at the front entrance of the building f. Addressable monitor modules to monitor the fire sprinkler water flow and tamper installed by others. g. Wall and ceiling mount speaker strobes and strobes throughout the building for occupant notification. h. Weather proof horn strobe located on the outside of the building above the FDC connection per code. i. Cellular dialer. Contract for Services 9 of 20 EXIDIBIT B GENERAL TERMS AND CONDITION SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS M1 CONTRACT DOCUMENTS: By the tens Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties,Including but not necessarily limited to,the Contract.Notice to Bidders,Proposal,General Conditions,Special Conditions,Specifications,Plans,Bonds and all Addenda,Amendments signed by all parties,Change Orders, written Interpretations and any written Field Order for a minor charige in the Work. A-2 WORK: By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated In order to produce the construction required by Contract Documents. A-3 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed In four originals,with all required attachments,including required bonds and insurance certificates,by the Contractor and the Owner In such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-4 FAMILIARITY WITH PROPOSED WORK: Before executing the Agreement,the Contractor shall examine carefully the, plans,specifications,special provisions,and the forth of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character,quality and quantity of work to be performed and materials to be furnished. Claims for additional compensation due to variations between conditions actually encountered In construction and as indicated by the plans will not be allowed. A-5 CORRELATION AND INTENT: In general,the drawings indicate dimension,locations,positions,quantities,and kinds of construction;the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa,shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as similar parts that are detailed,marked or specified. if the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping,ductwork,electrical apparatus, etc.,are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Owner's approval. A-6 AGE: In accordance with the policy("Policy")of the Executive Branch of the federal government,Contractor covenants that neither it nor any of its officers,members,agents,employees,program participants or subcontractors.while engaged in performing this contract,shall, in connection with the employment,advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement Contractor further covenants that neither it nor its officers,members,agents, employees,subcontractors, program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination In the performance of this agreement. A-7 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA'), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability In the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of Its subcontractors. Contractor warrants It will fully comply with ADA provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B OWNER B-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives In the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager,and Director of the Public Events Department and members of the Facilities Management Division.A designated representative will be identified from within the Facilities Management Division to act as a point of contact for day-to-day contract administration. Contract for Services 10 of 20 B-2 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it Is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. B-3 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and quality of die Work and to determine if the work is proceeding in accordance with the Contract Documents. On the basis of on-site observations and reports concerning the progress and quality of die work.the Owner will approve and authorize the Contractor's applications for payments. 04 AUTHORITY TO STOP WORK: The City will have authority to refect work that does not conform to the Scope of Work. Whenever,In its reasonable opinion, the City considers it necessary or advisable In order to insure the proper realization of the Intent of the Scope of Work,the City will have authority to require the Contractor to stop the work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated,installed or completed.The Contractor shall be responsible for the cost of special inspections and testing for work that Is found not to comply with the Contract Documents. SECTION C CONTRACTOR C-1 IDENTIFICATION: The Contractor is the person or organization identified as such In the ContracL The term Contractor means the Contractor or his authorized representative. C-3 REVIEW OF CONIB&T DOCUMENTS: The Contractor shall carefully study and compare the Agreement,Conditions of the Contract,Drawings,Specifications,Addenda and modifications and shall at once report to the Owner any error,Inconsistency or omission he may discover. The Contractor shall do no work without approved Submittals. Drawings, Specifications and Interpretatkms. C-4 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable skill and attention. He shall be solely responsible for an construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. C-S LABOR AND MMRIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water:-heat, util*fiesLransportation and other facilities and services necessary for the proper execution and completion of the Work. IV The Contractor will use its reasonable best efforts to Fire local laborers,workmen and materialmen.The general condition is not to be constructed as limiting the right of the Contractor to employee laborers,workmen or materialmen from outside local area. The Contractor shall at all times enforce strict discipline and good order among his employees,and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. C-6 COMPUANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to pay Prevaillna Wage Rates. The Contractor shall comply with all requirements of Chapter 2258,Texas Government Code (Chapter 2258),including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included In these contract documents. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall,upon demand made by the City,pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated In time contract documents.This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. Complaints of Violations and Ci(y Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023.Texas Government Code, by a contractor or subcontractor,the City shall make an initial determination,before the 31d day after the date the City receives the information,as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shad retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3)years following the date of acceptance of the work,maintain records that show(1)the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract;and(ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate or payroll period,whichever is less, the Contractor shall submit an affidavit I staling that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. Posting Id WM -"WROWOM&plow _ .. 00~at zr Contract for Servka 11 of 2O Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)through(g)above. On projects where special wage rates apply(e.g.Davis-Bacon)the Contractor agrees to meet all requirements of such programs. C-7 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction,Excise and Use Tax. 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. C-8 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work.The superintendent shall be satisfactory to the Owner.The superintendent shall represent the Contractor and all communications give[to the superintendent shall be binding as if given to the Contractor.Important communications will be confirmed in writing.Other communications will be so confirmed on written request in each case. C-9 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the Intent and terms of said Plans,Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the Work and complete same In accordance with the Contract Documents or to take charge of and complete the Work In such a manner as it may deem proper, and If,In the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or Its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,said excess cost. C-10 PROGRESS SCHEDULE: The Contractor,immediately after being awarded the contract,shall prepare and submit for the Owner's approval,an estimated progress schedule for the Work. The progress schedule shall be related to the entire Work and indicate critical path.This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work,subject to the Owner's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Contractor shall submit an updated progress schedule to the Owner at least monthly for approval along with the Contractor's monthly progress payment requests- C-1 I equests.C-11 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment.Until acceptance of the Work by the City,the entire site of the Work shall be under the exclusive control,care and responsibility of the Contractor.Contractor shall take every precaution against Injury or damage to persons or property by the action of the elements or from any other cause whatsoever.The Contractor shall rebuild,repair,restore and make good at his own expenses all Injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance. C-12 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting,fitting or patching of his Work that may require making its several parts fit together properly,and shall not endanger any Work by cutting,excavating or otherwise altering the Work or any part of it C-13 CLEAN UP: The Contractor at all times shall keep the premises frec from accumulation of waste materials or rubbish.At the completion of the Work he shall remove all his waste materials and rubbish from and about the Work as well as all his tools,construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-clean"or its equivalent,except at otherwise specified.In addition to removal of rubbish and leaving the buildings"broom-clean",Contractor shall clean all glass,replace any broken glass,remove stains,spots,marks and dirt from decorated work,clean hardware,remove paint spots and smears from all surfaces,clean fixtures and wash all concrete,tile and terrazzo floors. If the Contractor fails to clean up,the Owner may do so,and the cost thereofshall be charged to the Contractor. C-14 COMMUNICATIONS: The Contractor shall forward all communications to the Owner. SECTION D MISCELLANEOUS PROVISIONS D-1 PERFORMANCE BOND: A Performance Bonds is required on all City contracts in excess of $100,000-00. The Contractor agrees that prior to the execution of this Agreement,the Contractor will make,execute,and deliver to said City good and sufficient a performance bond for the faithful performance of the terms and stipulations of the Contract such bonds being as provided and required by Section 2253 of the Texas Government Code, as amended, in the form included in the Contract Documents,and such bond shall be 100 percent of the total contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal statutes. Contract for Services 12 of 20 To be an acceptable surety on the bond the name of the surety should be Included on the current U.S.Treasury List of Acceptable Securities[Circular 5701,and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligation over 10 percent.The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized,accredited,or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same,the Contractor shall immediately provide a new surety bond satisfactory to the City. D-2 OWNER'S RIGHT TO CARRY OUT THE WORK: if the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Comtrac%the Owner may,without prejudice to any other remedy he may have,enter the site and make goad such deficiencies.In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cast of correcting such deficiencies,including the cost of the Owner's additional services made necessary by such defaufk neglect or failure.If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner. D-3 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license few.He shall defend all suits or claims for inhingemem of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified,however,if the Contractor has reason to believe that the design,process or product specified is an infringement of a patent,he shall be responsible for such loss unless he promptly gives such information to Owner. D4 TESTS: if the Contract Documents,Laws,Ordinances,Rules,Regulations or Orders of any public authority having jurisdiction require any Work to be inspected,tested or approved,the tbra actor shall give the Owner timely notice of its readiness and the date arranged so the City may observe such inspection,testing or appmvaL The Owner shall bear all costs of such inspection,tests and approvals unless otherwise provided. If after the commencement of the Work.the Owner determines that any work requires special inspection,testing or approval not included alcove, the Owner,will instruct the Contractor to order such special inspection.testing or approval,and the Contractor shall give notice as required in the pens paragraph.if such special inspection or testing reveals a failure of the Wodo to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance of the Work,with taws,Statutes.Charter,Ordinances,Regulations or Orders of any public authority having jurisdiction,the Contractor shall bear all costs thereof,otherwise the Owner shall hear such costs,and an appropriate Change Order shall be issued. The Contractor shall secure a certificate of inspection,testing or approval,and three copies will be promptly delivered by him to the Owner.The Owner will review the certificates and forward one copy of each with his recommendation(s)to the Owner. If the Owner wishes to observe the inspections,tests or approvals required by this Section,they will do so promptly and.where practimble,at the source of supply. The observations of the Owner in their administration of the Construction Contract,nor inspections,tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents. D-5 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities.Interruption shall be by approved sections of the utility.in some cases,the Contractor maybe required to perform the Work while the existing utility is in service.The existing utility service may be interrupted only when approved by the Owner.Wben it is necessary to interrupt the existing utilities,the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted.The interruption time shall be kept to a minimum.Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at the time desired by the Contractor,in such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility.The amount of I time requested by the Contactor of existing utility services shall be as approved by the Owner. Owner ruav alit that the utilyy in sexviex while Work is pc&rmcd if the Mier is not designed to qperate in this manm'r. C � • D-6 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work.Discrepancies between Drawings,Specifications,and existing conditions shall be referred to the Owner for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory wodkmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work,the Contactor shall carefully compare and check all Architectural,Structural,Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him,and should any discrepancy he found,he shall immediately report the sank to the Owner for verification and adjustment.Any duplication of work made necessary by failure or neglect on his pan to comply with this function shall be done at the Contractor's sole expense. D-7 MEASUREMENTS, Before ordering any material or doing any work,the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Owner for consideration and adjustment before proceeding with the project. Contract for Services 13 of 20 D-8 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment Any such work shall be moved,replaced or protected,as required,whether or M shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing undcrgmnd lines,shown the Drawings are based on the best available sources,but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. D-9 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work,special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary.Ad damaged work shall be replaced,repaired and restored to its original condition at no cost to the Owner. D-10 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents,whether expressly stated or not, that nothing containing hazardous materials,such as asbestos,shall be incorporated In to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated Into any portion of the projea including advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead do not contact the potable water supply. D-I 1 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment,piping,ductwork,etc.aro diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be brought to the Owner's attention immediately and the relocation determined in a joint conference,The Contractor will be held responsible for the relocating of any items without first obtaining the Owner's approval.He shall remove and relocate such items at his own expense if so directed by the City.Where possible;uniform margins shall be maintained between parallel lines and/or adjacent wall,floor or ceiling sivfaccs. D-12 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials,equipment,tools,machinery or any other item thereon.No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. D-13 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials,products,processes,equipment, or the like be installed or applied in accordance with manufecturer's instructions,direction or specifications,or wads to this effect,it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site.Six copies of such instructions shall be furnished to the Owner and approval thereof obtained before work is begun. D-14 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the Work. I At completion of Wwork,the General-Contractor shall,immediately prior to final inspection of complete buikiing,execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. le to MW Ramim&IMMW.by the C-mtragges Work harm: 1. Sweep and buff resilient floors and 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5, Dust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and otber used metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touehod-up if necessary,and all temporary labels,tags,and paper coverings removed throughout the buildings.Surfaces that are waxed shall be polished. S. The exterior of the building,the grounds,approaches,equipment,sidewalks,streets,etc.shall be cleaned similar to interior of buildings and left in good order at the time of final acccpta nce. All paint surfaces shall be clean and unbroken hardware shall be cloan and polkliesl all required repair work shall be completed and din areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty,paint materials,etc.,without scratching or injuring the glass and leave the work bright,clean and polished.Cost of this cleaning work shall be borne by Contractor. Contract for Services 14 of 20 10. Cleaning,polishing,scaling,waxing and all other finish operations indicated on the Drawings or required in the S shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning:Burning of rubbish an the premises will not be permitted. D-15 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period.If serious problems or complaints arise due to airborne dust,or when directed by the Owner,operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. D-Ii —18 t ++4k of Erre hll/ D-17 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated,such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line,parallel to adjacdn surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain At no time shall any structural members be cut without written consent from the Owner. D-18 PROJECT CLOSEOUT Maintenance Manual:Sheets shall be 8%"x I I",except pull out sheets may be needy folded to 8%"x 11".Manuals shall be bound in plastic covered,3 ring,lapse leaf binder with title of project lettered on front and shall comain: 1) Complete maintenance instructions;name,address.and telephone number of installing Contractor,manufacturer's local representative,for each piece of operative equipment. Submit two digital electronic copies and one hard copy of Maintenance Manuals,prior to request for final payment. Operational h%sgtion and Maintenance Instruct The Contractor shall provide at his expense,competent manufacturer's representatives to completely check out all mechanical and dectrical systems and items covered by the Drawings and Specifications.This requirement shall be scheduled just prior to and during the initial start-up.Aster all systems are functioning properly the repres:ntatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. D-19 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment,one print of each of the drawings accompanying this specification shall be neatly and clearly marieod in red by the Contractor to show variations between the contraction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Owner.Where a choice of materials and/or methods is permitted heroin and whore variations in the scope or character of the work from rho entire work indicated or specified are permitted either by award of bidding items specified for that purpose,or by subsequent change to the drawings,the retard drawings shall define the construction actually provided.The representation of such variations shall conform to standard drafting practice and shall include supplementary notes,legends and details which may be accessary for legibility and clear portrayal of the actual construction.The record drawings shall indicate,in addition,the actual location of all sub3ntrface utility lira,average depth below the surface and other appurtenances. D-20 PRODUCT DELIVERY.STORAGE.RANDUING: The Contractor shall handle,store and protect materials and products, including fabricated components.by methods and means which will prevent damage,deterioration and lass,including thee/(arid resulting delays), thereby ensuring highest quality results as the work progresses.Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. D-21 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project she and dispose of it in accordance with the law. Equipawnt or material identified in the Specifications or Plans for Owner salvage shall be caneCully removed and delivered to the Owner at any location in within the City limits as directed by the City. D-22 MANUFACTURER'S REFERENCE: Catalog,brand names,and manufacturers 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 S business days of bid opening. Failure to inform the City of substitute products will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor,the Contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been HAW as-no substitute accepted";time City will accept no alternates to the specified equipment. Coi'Ittwt for smica 15 of 2Q SECTION E CONTRACT TIME &I DEFINITIONS The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely marmcr and additional weather days beyond what is allotted in the contract. The)ate of Commencement of the Work is the date established in the Notice to Proceed.If there is no notice to proceed,it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Owner with the approval of the Owner that construction is vAicientty complete,in accordance with the Contract Documents,so the Owner may occupy the Work or designated portion thereof for the use for which it is intended.Final acceptance of the completed work or any portion thereof can be made only by the Owner,and no other form of acceptance will be binding upon the Owner. A Calendar Da v constitutes 24 hours of time and is any one of the seven days of a week,including Sunday,regardless of whether a"Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section. A Working Day is defined as a calendar day,not including Saturdays,Sundays,and legal holidays,in which weather or other conditions not under the control of the Contractor permit the perfottttattce of work for a continuous period of not Its than seven hours between 7:00 a.m.and 6.:00 p m However,nothing in time Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires.Legal holidays for the City of Fort Worth are defined as teeing New Year's Day,fodependeoce Day,Labor Day,Thanksgiving Day,and the day after Thanksgiving,Christmas Day,Memorial Day and Martin Luther King Jr.Day. E-2 NO DAMAGE FOR DELAY: No payment,compensation or adjustment or any kind(other than the extensions of time provided for) shall be made to the Contractor for damages because of hdxhamcs or delays from an cause in the progress of the work,whether such hindrances or delays be avoidable or unavoidable,and the Contractor agrees that he will Crake no claim for comperrr,damages or mitigation of liquidated damages for any such delays,and will accept in full satisfaction for such delays said extension of time. SECTION F PROTECTION OF PERSONS AND PROPERTY F-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractors superintendent unless otherwise designated in writing by the Contractor to the Owner. F-2 §AFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of,and shall provide all reasonable protection to prevent damage,Injury or loss to: (1) All employees on the Wok and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated thereln,whether in storage on or-off the site,under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and (3) Other property at the site or adjacent thereto, Including trees, shrubs, lawns,walks, pavements, roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. Until acceptance of the Work,it shall be under the charge and care of the Contractor,and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution or from the non-execution of the Work.The Contractor shall rebuild,repair,restore and make good,at his own expense, all Injuries or damages to any portion of the Work occasioned by any of the above,caused before Its completion and acceptance. The Contractor shall comply with all applicable Laws,Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect then from damage,injury or loss. He shall erect and maintain,as required by existing conditions and progress of the Work,all reasonable safeguards for safety and protection, including posting clanger signs and otter warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. All damage or loss to arty property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be We, shall be remedied by the Contractor,including damage or loss attributable to faulty Drawhtgs or Specifications and acts or omissions of the Owner or anyone employed by him or for whose acts he may be liable,and not attributable to the fault or negligence of the ` Contractor or anyone claiming through the Contractor for such damage or ion. 919 TO D Conwict%r sa vim 16 of 0 I THE SAME RESULT FROM THE SOLE NEGLIGENCE OR WILLFVL MISC'ONMICT OFT11 K&D The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. F-3 EMERGENCIES: In any emergency affecting the safety of persons or property,the Contractor shall ad at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. F-4 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used In performing required work so as to insure the safety of his workmen.City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area,as well as his tools,equipment and surplus materials and shall leave the area as dean and free of spot,stains,etc.,as before the work was undertaken. SECTION G-INSURANCE G-1 INSURANCE REQUIRED: The Contractor shall not commence work under itis Contract until he has obtained all Insurance required under this Section and such Insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an"additional insured'on all policies except Worker's Compensation. G-2 WORKERS'COMPENSATION INSURANCE 1) General: a) Contractors Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City)a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be Issued until the Contractor has complied with this section. b) Subcontractors Workers Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor wall 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 Owner(City). c) By suing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by workers compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a setf4nsured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties or other civil actions. d) The Contractors failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void If the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of Coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to sold-insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC- 64), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractoestperson's work on the project has been completed and accepted by the City. c) Persons providing services on the project('subcontractor"in section 406.096)4ncludes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors,subcontractors, leasing companies, motor carriers; owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the projecL •Services•include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a projecL "Services" does not include activities unrelated to the project, such as foodlbeverage vendors,office supply deliveries,and delivery of portable toilets. 3) Requirements; a) The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services of the project,for the duration of the project. Contract for Serviced 17 of 20 b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must,prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage has been extended. d) The Contractor shall obtain from each person providing services on a project,and provide to the City: 1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project and ill no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage.If the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. Q The Contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered, and stating taw a person may verify coverage and report lactic of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: 1) provide coverage,based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 4011.011(44)for all of its employees providing services on the project.for the duration of the project; ti) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage Is being provided for all employees of the person providing services on the project, for the duration of the project: iii) provide the Contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; Iv) obtain from each other person with whom it contracts,and provide to the Contractor. (1) a certificale of coverage,prior to the other person beginning work on the project;and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. A) notify the City In writing by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; and vll) contractually require each person with whom it contracts. to perform as required by paragraphs N) - vii), with the certificates of coverage to be provided to the person for wham they are providing services. a}-� site ir►fermir+9 a4fpersons PFeviding seaices on the�rojeed tkat they ra "Wed and statl+ag iaew a*ersew-may verify60918F f- taprevide cevem9e-Tfis xas wericer sOF elheF Texas- Werlce� -T" acre type a taxi m-at4ea6l 1 shall be-ln-bot#c- -etheNang�VMMV"O-4hetivedw populatioR, any-2rrlditl93aai 1RrerdStaFeMaraQes > must be -6-M--0 on this elle er pFavitling sepAces Fela(w to Cog 4he Ta—a—w W"- -eft- CompeAselien Comwission of 642 4.49 2-M-- we teas" WeFm Y YOF has pmvwed me PORUMW POR 41A nm G-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract,Including blasting,when blasting Is done on,or in connection with oairadfor So Vim 18 of20 the Work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily Injury and property damage. Coverage shall be on'any auto"including leased,hired,owned,non-owned and borrowed vehicles used In connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO)policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Uabdity insurance:When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor,or subcontractor performing the removal,shalt be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract In addition to sudden and accidental contamination or pollution liability for gradual emissions and dean-up costs. G-4 RJEESERVIEDSUAAWR4409K limit equal to Met swe The PaVGY 6W iAdUde GGYSMgG`16F MaWdalS and s polies vMe in VaFisit and while being WFed on 9F 9#GiW 9 sped SeVMgM VAM be"pra"d by Me G* n d'"_ . G-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Property Management Department,City of Fort Worth as a "Certificate Holder",and noting the specific projed(s)covered by the Contractors insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractors insurance coverages specified for the projed(s). G-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) insurers of policies maintained by Contractor and its subcontractor(s),N applicable,shag be authorized to do business in the State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A M. Bests Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or sell-insured retentions exceeding$10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurers action in the event of cancellation or nonrenewal in coverage regarding any policy providing insurance coverage required In this Contrail 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shag provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract.Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled,upon request and without Irrmdrig expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the Gty in a timely manner. 11) "Other insurance as referenced in any policy of insurance providing coverages required herein shag not appy to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require Its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractors subcontractors. Contact for Services 19 of20 SECTION H UNCOVERING AND CORRECTION OF WORK H-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner,it must be uncovered for observation and replaced,at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,or-the Owner may request to see such work and it shall be uncovered by the Contractor.If such Work be found in accordance with the Contract Documents,the cost of uncovering and replacement shall,by appropriate Change Order,be charged to the Owner.If such work be found not in accordance with the Contract Documents,the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. H-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Owner as defective or as failing to conform to the Contract Documents whether observed before or after completion of the Work and whether or not fabricated,installed or completed.The Contractor shall bear all costs of correcting such rejected Work. Contract for Services 20 of 20