HomeMy WebLinkAboutContract 26425 r TMS COPY FOS
CITY SECRETARY
CONTRACT NO. COM ACMR
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ROOF REPLACEMENT
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CITY OF FORT WORTH
IN 2525 ROSEDALE STREET
FORT WORTH, TEXAS
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VAUGHN ARCHITEC'T'S PLUS
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3550 Hulen * Fort Worth, Texas 76107 * 817/732-5651
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City of Fort Worth, Texas
qVIII)OW And jzoundl Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/7/00 **C-18331 20SYCAMORE 1 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO STEEL-LITE ROOFING, INC. FOR
ROOF REPLACEMENT FOR THE SYCAMORE COMMUNITY CENTER
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Steel-Lite
Roofing, Inc. for the replacement of the roof membrane at the Sycamore Community Center in the
amount of $81,436 and a duration of 60 calendar days.
DISCUSSION:
The roof of the Sycamore Community Center is deteriorated and requires replacement. Project plans
and bid documents for the roof replacement were prepared by Vaughn Architects, Plus.
This project was advertised for bid on September 14 and 21, 2000. On October 12, 2000, the following
bids were received:
BIDDERS BID AMOUNT CALENDAR DAYS
Larry Miller Roofing, Inc. $ 52,150 60
Steel-Lite Roofing, Inc. 81,436 60
Bazan Roofing, Inc. $ 81,500 60
Tuttle Roofing $ 87,900 30
Roof Management Services, Inc. $ 88,636 45
Seyforth Roofing Company, Inc. $ 89,750 60
AA Applicators, Inc. $106,500 60
Anchor Roofing Systems, Ltd $113,800 60
Larry Miller Roofing, Inc., the apparent low bidder, requested that it be permitted to withdraw its bid due
to an error in preparing the bid. Staff recommends that this request be allowed.
The architect recommends awarding the contract to the second low bidder, Steel-Lite Roofing, Inc.
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 Sycamore Community Center is located in COUNCIL DISTRICT 8.
City of Fort Worth, Texas
IMemyor anicounc i l Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/7/00 **C-18331 20SYCAMORE 2 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO STEEL-LITE ROOFING, INC. FOR
ROOF REPLACEMENT FOR THE SYCAMORE COMMUNITY CENTER
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
Originating Department Head: CITY COUNCIL
Hugo Malanga 7801 (from) NOV 7 2000
GG01 536010 0205002 $81,436.00
Additional Information Contact: ��.�'�C.,j
Ciq Sa�cretary o[tlta
Hugo Malanga 7801 City of Fort VVorW,Texan
PROJECT MANUAL
ROOF REPLACEMENT
SYCAMORE REC . CENTER
CITY OF FORT WORTH
2525 ROSEDALE STREET
FORT WORTH, TEXAS
VAUGHN ARCHITECTS PLUS��
3550 Hulen • Fort Worth, Texas 76107 • 817/732-5651
PROJECT MANUAL
For
ROOF REPLACEMENT
SYCAMORE RECREATION SYSTEM
CITY OF FORT WORTH
2525 ROSEDALE STREET
Fort Worth, Texas
KENNETH BARR - MAYOR
BOB TERRELL - CITY MANAGER
Project Manager:
TRANSPORTATION AND PUBLIC WORKS
1000 Throckmorton
Ft. Worth, Texas 76102 -
Recommend Approval:
Chief, Architectural Services Section
Approval: 1 GU
G I,ov , Su tendent of Building Services Division
Expires 7-31-01
Consulting Architect: Ep
VAUGHN ARCHITECTS PLUS :;�o���°va°�"k e
3550 Hulen Suite E
Ft. Worth, Texas 76107
(817) 732-5651
3757 .�
(817) 732-0562 FaxTE° .
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Job. Number 96040 1V2.000
Date: August, 2000
TABLE OF CONTENTS
BIDDING REQUIREMENTS
Notice to Bidders---- —NTB-1
Instructions to Bidders--- ---- ITB-1 thru ITB-3
Proposal---------- --- P-1 thru P-2
CONTRACT REQUIREMENTS
General Conditions — GC-1 thru GC-24
Weather Table------------ WT-1
Wage Rates---- ----- WR-1
Texas Certificate of Exemption Form (lpage)
Project Designation Sign Form (lpage)
Construction Contract C-1 thru C-2
Performance Bond- -- - Form (2 pages)
Payment Bond-------------- ---- Form (2 pages)
Certificate of Insurance---- ---- ---Form (1 page)
Compliance with Workers' Compensation Form (1 page)
DIVISION 1 - NONE IN THIS PROJECT
DIVISION 2 - SITEWORK
02072 - Minor Demolition and Renovation Work—1 thru 4
DIVISION 3 THRU 6 - NONE IN THIS PROJECT
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07525 - Modified Bitumen Sheet Roofing 1 thru 10
07600 - Sheet Metal Work 1 thru 5
07951 - Caulking and Sealants ___1 thru 2
DIVISION 8 THRU 16 - NONE IN THIS PROJECT
DRAWINGS - Refer to Index of Drawings ---- —ID-1
Expires 7-31-01
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3751 0+Q
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IM1IZ
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NOTICE TO BIDDERS
Sealed bids for Roof Replacement,Sycamore Recreation Center,2525 Rosedale Street,Fort
Worth,will be received at the Purchasing Office,City of Fort Worth, 1000 Throckmorton, Fort
Worth,76102, until 1:30 P.M.,Thursday,October 12,2000,and will be opened and publicly read
aloud approbmately thirty minutes later in the Council Chambers.
A Mandatory Pre-Bid Conference will be held at 10:30 AM,Tuesday,September 26,2000, at the
site.
Project consists of replacing approbmately 108 squares of roofing with modified bitumen APP roof
system (NDL,Total System,20 year Warranty)equal to U.S. Intec.
Contractors required to provide written proof of Manufacturer's approved applicators status for
required warranty. Submit certification within 5 days of bid.
T Contractors will be required to post Payment and Performance Bonds and provide Contractors
General Liability and Statutory Workers Compensation coverage.
Project Manual for this project will be available at the Department of Engineering Plans Desk, City
Hall,in return for a $50 deposit. For additional information contact Bill Matysek,City of Fort Worth,
(817) 871-8078.
Advertisement: September 14,2000
September 21,2000
NTB- 1
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
3. BID SECURITY:Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth,
in an amount of five (5) per cent of the bid submitted. The Bid Security must accompany the bid and is
subject to forfeit fin the event the successful bidder fails to execute the contract documents within ten (10)
days after the contract has been awarded. The Bid Security shall be included in the envelope containing
the bid proposal. Failure to submit the Bid Security will result in the proposal not being considered for this
project. Bidder's bond will be returned if the City fails to award the contract within 49 calendar days of
receipt of bids, unless the Bidder agrees to an extension.
4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of$25,000,the
successful bidder entering into a contract for the work will be required to give the City surety in a sum equal
to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety
�- shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160
of the Revised Civil Statutes of Texas, as amended.
In order for a surety to be acceptable to the City, (1)the name of the surety shall be included on the current
U. S.Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus
equal to ten times the amount of the bond. The surety must be licensed to do business in the state of
Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth of the
total capital and surplus. If reinsurance is required,the company writing the reinsurance must be
authorized, accredited or trusteed to do business in Texas.
No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which
are interested in any litigation against the City. Should any surety on the contract be determined
unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the contractor
shall immediately provide a new surety to the City.
P'
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.
4 If the contract is in excess of$25,000, a Payment Bond shall be executed,in the amount of the contract,
solely for the protection of all claimants supplying labor and materials in the prosecution of the work.
If the contract amount is in excess of$100,000,a Performance Bond shall also be provided, in the amount
of the contract,conditioned on the faithful performance of the work in accordance with the plans,
specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth.
ITB- 1
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 proposal.
7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents, must be
paid on this project.
8. POST BID-PREAWARD SUBMITTALS: Bidders are required to submit the following information
to the Architectural Services Section, Building Services Division, 3409 Harley Avenue,817-871-8274,within
five business days subsequent to bid opening (Normally Thursday following a Thursday bid opening) in
order to assist City staff in determining the Contractor's capability of performing the work and in meeting
City contract requirements:
Contractors Qualification Statement(AIA Form A305)
Proposed Subcontractors and Suppliers
Product Data and Installer Certifications
Proof of insurability for Statutory Workers Compensation Insurance
9. PROPOSED SUBCONTRACTORS:Acceptance of the bid in no way requires the City to accept the
qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing
recommendations for award of the contract. The Contractor must provide and use subcontractors listed
unless the City agrees to allow a substitute.
10. DISCREPANCIES AND ADDENDA:
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.
ITB-2
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:The City will deposit plan deposit checks to its account 60 days following receipt
of bids. Plans must be returned by all except the apparent low bidder prior to that time. Contractors forfeit
their plan deposit after that time.
16. ADJUSTMENT OF QUANTITIES:Where unit prices and estimated quantities are used to compute
the contract amount,the Owner may increase the quantities by an amount that is 20% of the total cost for
that section. Unit prices for adjustments to unit quantities in excess to 20% may be negotiated at the
request of either party.
17. MANUFACTURER'S REFERENCE:Catalog, brand names,and manufacturer's references are
descriptive, not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall
inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to
inform the City of substitute projects will obligate the contractor to provide the specified material if awarded
the contract. Within 14 days after bid opening and upon request of the architect or contractor,the
contractor will submit a full sized sample and/or detailed information as required to allow the architect to
determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute
accepted",the City will accept no alternates to the specified equipment.
00000
ITB-3
PROPOSAL
T0: MR. BOB TERRELL
CITY MANAGER
CITY OF FORT WORTH,TEXAS
FOR: ROOF REPLACEMENT
SYCAMORE RECREATION CENTER
2525 ROSEDALE STREET
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
Roof Replacement, Sycamore Rec. Center,2525 Rosedale Street $ 81,436.00
The undersigned agrees to complete the Work within 60 (Write in if blank)calendar days after the
date of Notice to Proceed.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the
above work.
The undersigned assures that its employees and applicants for employment and those of any labor
organization,subcontractors or employment agency in either furnishing or referring employee applicants to the
undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by
City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award
of contracts to non-resident bidders. The law provides that,in order to be awarded a contract as low bidder,
non-resident bidders(out of state contractors whose corporate offices or principal place of business are outside
of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an
amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be
required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the
non-residents 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. Ll Non-resident vendors in (give state),our principal place of
business,are required to be percent lower than resident bidders by state
law.
Q, Non-resident vendors in (give state),are not required to
underbid resident bidders.
B. L)I Our principal place of business or corporate offices are in the State of
Texas.
P-1
c
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($ N/A?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.
MINORITYMOMENS BUSINESS ENTERPRISE(M/WBE): (Waived)
Respectfully submitted,
Steel-Lite Roofing, Inc.
Company Nea
Of
By:
Signature
Rondi Perry Vice Pres./Gen. Mgr.
Printed Name of Principal Title
Address: 3617 collinwood Ave.
Street
Fort Worth, Texas 76107
City Zip
Phone: 817-429-7856
Fax: 817-763-0248
J Receipt is acknowledged of the following addenda: N/A
y
Addendum No. 1: Addendum No.3:
Addendum No.2: Addendum No.4:
1�
i
P-2
City of Fort Worth, Texas
Transportation/Public Works Department
Building Services Division/Architectural 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 Feld 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 enterprises 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 Fart Waith MWBE Program will take precedence
A-6 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
4
Page 1 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 ACE 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 4
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 fully 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 suboontrac- 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
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 Coraractor 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 Contractor's 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 quality of 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
the 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 6
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
lip
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
r OW 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 WORK. 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
r 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
P, 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 the 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
Shoo 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
Change 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. have authority to reflect work that does not conform to the
hF 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 ft Contractor to stop the work or any portion
A 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
PW 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
in 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, "subcontracC 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 verbatim herein.
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 shalt 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 Works of the City of 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 procz dures 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 staled 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 _
MP
be confirmed in writing. Other communications will be so Samples shaft 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 shat) inform the Architect in writing of any
D-13 RESPONSIBILITIES FOR EMPLOYEES AND deviation in the Shop Drawings or Samples from the
SUB-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 aft field measurements, field construction
criteria, materials, catalog numbers and similar data, and
D-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 cant'on and complete the same a separate iters shall not indicate approval of an assembly in
according to the true meaning of the intent and terms of said which the iters 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 oopies of Shop Drawings or new Samples until
D-15 PROGRESS SCHEDULE. The Contractor, approved. The Contractor shall direct specific attention in
immediately after being awarded the contract,shall prepare writing or on resubmitted Shop Drawings to revisions other
and submit for the Architect's approval, an estimated than the corrections requested by the Architect on previous
progress schedule for the Work.The progress schedule shall submissions.
be related to the entire Project.This schedule shall indicate
the dates for the starting and completion of the various The Architect's approval of Shop Drawings or Samples shall
states of construction and shall be revised as required by the not relieve the Contractor of responsibility for any deviation
conditions of the Work,subject to the Architect's approval. It from the requirements of the Contract Documents unless the
shall also indicate the dates for submission and approval of Contractor has informed the Architect in writing of such
shop drawings and submittals as well as the delivery deviation at the time of submission and the Architect has
schedule for major pieces of equipment and/or materials. given written approval to the specific deviation. Architect's
approval shall not relieve the Contractor from responsibllity
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, Sarriples.
,.. 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 llMi 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 shat rebuild,repair,restore and make good at his
prepared by the Contractor or any Subcontractor, own expenses al 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 shall not make any substitution for any
Contractor shall do all cutting,fitting or patching of his Work Subcontractor or person or organization that has been
that may required to make its several parts fit together accepted by the Owner and the Architect, unless the
properly, and shall not endanger any Work by cutting, substitution is also acceptable to the Owner and the
excavating or otherwise altering the Work or any part of it. Architect
D-23 CLEAN UP. The Contractor at all times shall keep E-3 TERMS OF SUBCONTRACTS. All work
the premises free from accumulation of waste materials or performed for the Contractor by a Subcontractor shall be
I rubbish. At the completion of the Work he shall remove all pursuant to an appropriate agreement between the
his waste materials and rubbish from and about the Project Contractor and the Subcontractor (and where appropriate
as well as all his tools, construction equipment, machinery between Subcontractors and Sub-subcontractors) which
and surplus materials,and shall clean all glass surfaces and shall contain provisions that:
leave the Work 'Broom-clean' or its equivalent, except at
otherwise specified. In addition to removal of rubbish and 1. preserve and protect the rights of the Owner and the
leaving the buildings "broom-dean", Contractor shall dean Architect under the Contract with respect to the Work to
all glass, replace any broken glass, remove stains, spots, be performed under the subcontract so that the
marks and dirt from decorated work, clean hardware, subcontracting thereof will not prejudice such rights;
remove paint spots and smears from all surfaces, dean 2 require that such Work be performed in accordance
fixtures and wash all concrete,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 tern 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 shalt be so construed and applied as to the
Owner and the Architect,whether or not such provisions are
furnish a list of the names of the subcontractors or other physically included in the sub-contract
persons or organizations(including those who are to furnish
materials or equipment fabricated to a special design) E-4 MINORITY AND WOMENS BUSINESS
proposed for such portions of the Work as may be ENTERPRISE (1N/WBE), Should the base bid be less than
designated in the bidding requirements, or if none is so $25,000,the requirements of this section do not apply.
designated in the bidding requirements, the names of the
Subcontractors proposed for the principal portions of the In accordance with City of Fort Worth Ordinance No 11923,
Work. Prior to the award of the Contract, the Architect shall the City of Fort Worth sets goals for the participation of
notify the successful bidder in writing if either the Owner or minority business enterprises and women business
Architect, after due investigation, has reasonable objection enterprises in City contracts. Ordinance No 11923 is
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
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the Ordinance may be obtained from the Office of the City 3. Submit a REQUEST FOR APPROVAL OF CHANGE
PS 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 contractor's performance on other liability or other insurance.
City Projects regarding its M/WBE program in the evaluation
of bids.Failure to comply with the Citys MIWBE 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 W 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 MIWBE 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 MNVBE
coordinator shall determine the goals applicable to the work Neither the Owner nor the Architect shall have any obligation
�* 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
,r 1. Make no unjustified changes of deletions in its MNVBE 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
WM 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 Contractor's sole negligence. "11�
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 Contractor 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 out 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 injury damage or death is caused in whole or in
bome by the party responsible therefor. part by the negligence or aliened 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 Owner's
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 injury or damage is
caused in whole or inaprt by the negligence or alleged
SECTION G negligence of Owner. its officers, servants or
MISCELLANEOUS PROVISIONS emptoyM&
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 that 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 fortes furnished by or otherwise Laws, Statutes,Charter, Ordinances, Regulations or Orders
acceptable to the City. Each bond shall be property 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 on 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 worts. 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 carry 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 thd 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
9 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
i.. 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 carry out work in satisfactory workmanlike obstruct the ingress or egress to an from existing adjacent
manner at the Contractor'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 the 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 erected 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 At completion of work, the General Contractor shall,
structure and be symmetrically placed wherever -■
possible. This incudes 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
If 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 straight 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 t: entitled, "Payments and
equipment, sidewalks, streets, etc. shall be cleaned 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 W x 11",except pull
dean and unbroken, hardware shall be clean and out sheets may be neatly folded to 81A"x 11".Manuals shall
PP 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 cleared 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.Cast of and telephone number of installing Contractor,
this cleaning work shall be bome by Contractor. manufadurei'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) Manufadiuees name, type, color designation for
permitted. resilient Boors, 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-bome 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
incombustible material shall be used to protect against fire guarantee shah 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.
r.r 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 all 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 Y2K 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
The annotated documents shall be delivered to Architect. designated portion thereof for the use for which it is .�
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 acceptance 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 clear 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 r
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%
s may be negotiated at the request of either party.
The Contractor shad begin the Work on the date of
commencement as defined in this Section.He shall carry 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 Wr-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 Paymeri,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, tree 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
n 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 person.
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 Payment", and attached thereto AIA Document G703,
from an cause in the progress of the work, whether such "Continuation Sheet", to indicate the progress made to date
y., 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
up General Conditions for Construction,Fort Worth,6/20/2000
MEME'R
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 Fat 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 or entire 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
1-6 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
1) defective work not remedied; claim for damages is outstanding as a result of work
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:
3) failure of 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 T
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
A 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
e' 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,
I of the City of Fort Worth in accepting the work as complete. relocation or replacement in the course of construction.
14 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
(G706) 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
1 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 By signing this contract or providing or causing to
materials or equipment is necessary for the execution of the c) By
a certificate of coverage, the
Work, the Contractor shall exercise the utmost care and be contractor is representing to the City that all
shall carry on such activities under the supervision of
properly qualified personnel. employees of the contractor who will provide
services on the project will be covered by worker's
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 Worker's
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.
permit an d) The contractors failure to comply with any of these
The Contractor shall not load or
pe y 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
J-3 HARD HATS. Hard Hats will be required at all if the contractor does not remedy the breach within —"
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 thea)
wearing of hard hats by Contractor,employees and visitors. Certificate of coverage("certificate').certificate certifi fiirate A copy of o
These requirements are in addition to the Accident certificate of insurance,a of authority
Prevention Clause in the General 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
consulting Architects and Engineers and visitors. agreement (TWC TWCC-82, TWCC-83, o
TWCC-84), showing istatutory workers'
J-4 EMERGENCIES. In any emergency affecting the compensation insurance coverage for the person's
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. contracWs/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 Repuired. 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
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'Compensation 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
with this section. 3) Requirements
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 pact,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 contract 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
a, 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 h4)- 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
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 shall 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 shall post on each project site a with a title in at least 30 point bold type and text in
nat least 19-point normal type,and shall be in both
notice,in the text,foam 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
stating how a person may verify coverage and additional words or changes:
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 taw requires that each person
on a project,to: working on this site or providing services
related to this construction project must
i) provide coverage, based on proper reporting be covered by worker's compensation
on the classification codes and payroll insurance. This incudes persons
amounts and filing of any coverage
agreements, which meets the statutory providing, hauling, delivering
requirements of Texas labor Code. Section equipment or materials,, or providing
labor or transportation or other service
401.011(44)for all of its employees providing related to the project, regardless of the
services on the project,for the duration of the identity of their employer or status as an
project; employee'.
ii) provide to the contractor, prior to that person Call the Texas Worker's Compensation
beginning work on the project,a certificate of
coverage showing that coverage is being Commission at he legal
requirement
a receive
provided for all employees of the person information on the legal requirement for
coverage, to verify whether your
providing services on the project, for the employer has provided the required
duration of the project coverage, or to report an employer's
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
Project, 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 acoeptabie
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.
M. Best's Key Rating Guide. At the City's sole
occurrence. Coverage under the policy shall be as discretion,a less favorable rate may be accepted by the
comprehensive as that provided in a current Insurance City.
Services Office (ISO) policy form approved for use in
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 antor insurers for the L-1 CHANGE ORDER. The Owner, without
Contractors insurance coverages specified for the project(s). 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 shail 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 Chane Order is a written order to the Contractor signed contemplated are so changed in a proposed Chane Order
9 9 PI 9 9
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 s1lop 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 Contiadnrwishes 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 fife 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 fif6een percent I159vo).
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 permed by a Subcontractor and supervised by
supporting data. Pending final determination of cost to the the Contractor shall not exceed ten percent JEM).
Owner, payments on account shall be made on the
Architect's Certificate of Payment as approved by the L-d MINOR CHANGES IN THE WORK. The Architect
Owner. shall have aulhority 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
r~ 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 aoocrdance 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 carry
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 tow 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 I, 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 .e
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 the 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 all 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 Architecrs 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 deWering to the Contractor a notice of termination specifying
should have bome, 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
tem-inated. -�
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 shad 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 pants where water will be required. Provide
P-3 MAINTENANCE AND REMOVAL. The sufficient hose tD carry 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 Senrice. Provide adequate electric service for power
and lighting to ad 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,
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, Liohtina. 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 under 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 a l 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 dosing 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
r
rGENERAL 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 (M/WSE)
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 Owners 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 Owners Right to Clean Up
i
B-1 ContractAdministration G MISCELLANEOUS PROVISIONS
B-2 Termination and Suspension of Work
B-3 Duties of Architect G-1 Conflict of Laws
B4 Anchibect as Representative 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 Irndernnifircakm
B-8 Miscellaneous Duties of Architect G-6 Successors and Assigns
B-9 Termination of Architect G-7 Written Notice
d G-8 Surety Bonds
tl C OWNER G-9 Owner's Right to Carry Out the Work
G-10 Royatlies and Patents
C-1 Identification G-11 Tests
C-2 Duties of the Owner G-12 Interruption of Existing Utilities Services
C-3 Instructions G-13 Laying Out Work
C-4 Acoess lo 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 lo Audit G-18 Hazardous Material Certification
G-19 Location of Equipment and Piping
D CONTRACTOR G-20 Overloading
r G-21 Manufacturer's Instruction
D-1 Identification G-22 Clearing 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 Y2KCompNance 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 Manufacturer's Reference
D-13 Responsibility for Employees and Sub-
contiacxors 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
a
Page 23 of 24
General Conditions for Construction,Fort Worth,6/20/2000
I�
L4 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
14 Progress Payments WORK
1-5 Certificates for Payment
1-6 Payments Withheld M-1 Unoovering 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 0 SIGNS
J-2 Safety of Persons and Property
J-3 Hard Hats P TEMPORARY FACILITIES
J4 Emergencies
P-1 Scope ..
K INSURANCE P-2 Use of Temporary Facilities
P-3 Maintenance and Removal
K-1 Insurance Required P4 Feld Offices and Sheds
MP-5 Telephone
K-2 Workers'Compensation Insurance 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 SnowAce
Days of Rain Rainfall Pellets
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
(2) Average normal precipitation, in inches
(3) Mean number of days 1.0 inch or more
Less than 0.5 inches
This table is based on information reported from Dallas-Fort Worth Regional Airport,Texas. Latitude 32
deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft.
Average number of days of rain,snow, and ice are based on records covering 27 years. Precipitation is
based on record of 1941-1970 period.
This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in
calendar days. If the site records indicate that the Contractor was unable to carry out operations due to
weather,it is counted as a weather day. If the number of weather days exceeds the number of average rain
days plus the snowfice-pellet days for a given month,the contract period will be adjusted by Change Order.
WT-1
2000
BUILDING&CONSTRUCTION TRADES
STANDARD WAGE RATE
FOR TARRANT COUNTY
CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE
AIR CONDITIONING MECHANIC 515.96 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 HANDER 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 926 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
WR-I
FoFTWOPTH
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
1 Texas Sales a Us TiPermit#1 0528-6
I understand that I will be iab or p t of ales which may become due for failure to
comply with the ovision at' ity and o etropolitan transit authority sales and use tax
r� laws aad ptr rules gard g mpt purchases. Liability for the tax will be determine by
the pric aid for he abl items u ased or the fair market rental value for the period of time
use.
I understand at is a misdemeanor to give an exemption certificate to the seller taxable items
which I kn ,at t e time of purchase,will be used in a manner other than that expensed In this
certificate and upon conviction,may be fined up to S500 per offense.
Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section I.
Purchasers: City of Fort Worth
Street Address: 1000 Throckmorton 1 /
City,State,Zip Code: Fort Worth Texas 76102 U /
Signature/Title: 14
P ►singe[
Date: lone
Fax:
This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or
"tax exempt"numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed certificate to the
Comptroller of Public Accounts.
T
FINANCE DEPARTMENT
PURCHASING DIVISION
_ THE CITY OF FORT WORTH K 1000 THROcrmoRToh STREET * FORT WORTH.TExAs 76102
(817) 871-8360 + Fkx(817)871,8440
Printed on re
PROJECT DESIGNATION SIGN
Fi
3"
3" Proje Title
4"
4--0"
1-1t=' ontractor:
12"
2-1 f2" Co ractors Name
1�J4"
1" F DED BY
2—V2"
1-1n _ SCHEDULED COM LETION DATE
1" YEAR
1-12"
1.112"
4--a-
SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 2\TH
CONTRACTOR,BOND AND COMPLETION DATE INFORMATION I
—� CITY OF FORT WORTH LOGO IS AVAILABLE INA VECTOR FORMFORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 2
COMPOSE THE"STAR-ARE PMS 187,
o�
p
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 7"' day of November 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 Steel-Lite Roofing, Inc. of the City of Fort
Worth County of Tarrant State of Texas hereinafter called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by the Owner, and under the conditions expressed in the bond bearing even date
herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
ROOF REPLACEMENT
SYCAMORE COMMUNITY CENTER
2525 ROSEDALE STREET, FORT WORTH
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 $81,436.00 and includes the base bid and No Alternates.
Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 60 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 section1110_
Il Uv UU'`i'�-1! � ULSWe
C - 1one
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 71' day of November AD, 20 00 .
_ ��
' It ,
�Contractor / ' L c
By: APPROVED:
Namcv
By:
Q,
Office Assis i ager /.
�...'
APPROVAL RECOMMENDED: RECORDED:
By: By:
Transportation and Public Works City SecretaDf
APPROVED AS TO FORM AND LEGALITY: /I " I,
Date
i By: L4 — D
Assi nt City_Attorney '�L`
Contract Authorization
Date
L P5(CVU1D
C _ 2 rLIDrYSECIT"' ;Qy
r �ICi
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
.� KNOW ALL MEN BY THESES PRESENTS: That we, Steel-Lite Roofing,Inc. a corporation
of Tarrant County, Texas hereinafter called Principal and (3) Universa?
Surety of America a
Pr 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:
Eightv One Thousand,Four Hundred Thirty Six Dollars
$81,436.00 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 7th day of November ,2000,
a copy of which is hereto attached and made a part hereof, for the construction of-
ROOF
fROOF REPLACEMENT
SYCAMORE COMMUNITY CENTER
2525 ROSEDALE STREET, FORT WORTH
designated as Project Number GG01/0205002 copy of which contract is hereto
attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein,
such project and construction being hereinafter referred to as the"works".
,* NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall promptly
make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas,
supplying labor and materials in the prosecution of the work provided for in said Contract, then this
obligation shall be null and void, otherwise it shall remain in full force and effect.
THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying
labor and material in the prosecution of the work provided for in said Contract, as claimants are defined
in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided
in Article 5160 of the Revised Civil Statutes.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in
Tarrant County, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees
that no change extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specification accompanying the same shall in any wise affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or the specifications.
AA5PAYBOND.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 7th day of November —92000.
Steel-Lite Roofing. Inc.
.e
Principal(4)
A
(
BY: T
(Principal) S cretary
(Printed Name/Title)
(SEAL) 3617 Collinwood Avem,e
ADDRESS
Fort Worth TX 76107
CITY/STATE/ZIP
P 0 Box 1068
Houston TX 77251-1068 Universal Surety of America
(Address) (Surety)
ATTEST: /J
(Surety) Secretary By: —
(Attorne -in- t 5)
Arthur B. Kirby. Jr.
(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) If Contractor is Partnership all Partners
should execute bond
A:15PAYBOND.FRM
UNIVERSAL SURETY OF AMERICA
i P.O.BOX 1068 -Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY -CERTIFIED COPY
W AamoyUdbrmtim GPA#
3001152 TX 4401842 00
Kirby,Head-Teas Insurance
IP
Know All Men by These Presents,Tbat UNIVERSAL SURETY OF AMERICA,a corporation duly organized and existing under the laws of
the State of Texas,and having its pricipal office in Houston,Texas,does by these presents make,constitute and appoint
RE Arthur B.Kirby,Jr. Clovis W.Putnam Sharon Hackley
Rise Simonelli Deborah Henderson
of Fort Worth and State of Texas its true and lawful Attorney(s)-in-Fact,with full power and authority hereby
s conferred in its name,place and stead,to execute,acknowledge and deliver
Bonds not to exceed$200,000.00 unless such is accompanied by letter of
authority signed by the President,Secretary or Executive Vice President
of Universal Surety of America.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the
Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do within the stated
limitations,and such authority is to continue in force until 9/30/2000 . Said appointment is made under and by authority of the
following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11th day of July,1984.
"Be It Resolved,that the President,and any Vice President,Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation,and the seal of the corporation may be affixed or printed by fackmilie to any
power of attorney of the corporation,and that such printed facsimilie signature and seal shall be valid and binding upon the corporation."
In Wltness Whereof, Universal Surety of America has caused these presents to be signed by its President,Jack McReynolds and its
corporate seal to be hereto affixed this 2nd day of January,A.D.,1998.
UNIVERSAL SURETY OF AMERIC
. State of Texas
ss: ;,
.�w'!.' f Jack McReynolds President
County of Harris I.
On this 2nd day of Janus In In the year 199S, before me, Estels Lelja, a notary public, personally appeared Jack McReynolds,
personally known to me to be the person who executed the within instrument as President,on behalf of the corporation herein named
and acknowledged to me that the corporation executed it.
Is
EMU LOA
W emus"BWM &;Uft. e)e
pspRtw 0,two Notary Public
I,the undersigned Secretary of Universal Surety of America,hereby certify that the above and foregoing is a full,true and correct copy of the
Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still in effect.
GIVEN under my hand and the seal of said company,at Houston,Texas,this 0_day ofNovember X>Q 2000
A Secretary
"' Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may telephone(713)722-4600. 1826-1875/050
ri
DATE(MMDD/YY)acollo 11/21/00PDSH1
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Kirby, Head-Teas Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1200 Summit Ave. , Suite 880 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Worth TX 76102
Phone: 817-336-2721 Fax:817-870-2520 INSURERS AFFORDING COVERAGE
R INSURED INSURER A: Transcontinental Ins.Co.
INSURER B: RLI Insurance Company
Pam Barnett te Roofing, Inc. INSURER C: Continental Casualty Ins.
n 3617 Collinwood Ave INSURER D: CNA
Ft. Worth TX 76107
INSURER E:
COVERAGES
R THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS
A GENERAL LIABILITY EACH OCCURRENCE $1000000
A X COMMERCIAL GENERAL LIABILITY C114982859 05/01/00 05/01/01 FIRE DAMAGE(Any one fire) $50000
CLAIMS MADE rX]OCCUR MED EXP(Any one person) $5000
pl X BROAD FORM CONTRACTURAL LIABILITY PERSONAL&ADV INJURY $1000000
X BROAD FORM PROPERTY GENERAL AGGREGATE $2000000
GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000
POLICY PRO
JECT LOC
R
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $1000000
C X ANY AUTO C1013093917 05/01/00 05/01/01 (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
D SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $10000000
B X OCCUR CLAIMSMADE OUL0046511 05/01/00 05/01/01 AGGREGATE $10000000
n $
DEDUCTIBLE $
RETENTION $ $
IAT TH-
WORKERS COMPENSATION AND I TORY LIMITS J'JER
A EMPLOYERS'LIABILITY WCC112084376 05/01/00 05/01/01 E.L.EACH ACCIDENT $500000
E.L.DISEASE-EA EMPLOYEE $500000
E.L.DISEASE-POLICY LIMIT $500000
ETH
Ds Risk TBD112200 11/22/00 11/22/01 Property 81436
pq DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Blanket Additional Insured; Roof replacement, Sycamore Community Center,
2525 Rosedale Street, Fort Worth TX
ri
CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
n
CI TYFTW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of Fort Worth 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
R Transportation & Public LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
Works Dept.
1000 Throckmorton St. ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
Fort Worth TX 76102
KirbyAwlWaITj"
ACORD 25-S(7/97) CORD CORPORATION 1988
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Steel-Lite Roofing, Inc.
certifies that it provides worker's compensation insurance coverage for all of its employees employed on
City of Fort Worth project Roof Replacement for the Sycamore Community Center at 2525 Rosedale
Street, Fort Worth project number, GG01/0205002.
By: _
VT 4
Title
Date
STATE OF TEXAS 3
COUNTY OF TARRANT 3
BEFORE ME, the undersigned authority, on this day personally appeared
P-0. a j J� ,, , known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as
the act and deed of V. Alves, /(,e,. M I.&. , for
the purposes and considerations therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
poyemhek, , 2000.
PAMELA J.BARNETT w
Notary Public,State of Texas
" My Commission Expires Notary Public in and for the State of Texas
N"�TF OF'�}P 10-05-04
(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.
A:QWORKCOM.FRM
SECTION 02072
MINOR DEMOLITION AND RENOVATION WORK
PART 1 - GENERAL.
1.01 SUBMITTALS
A. Product Data: Submit manufacturer's product data sheets for each product in
accordance with General Conditions.
B. Submit Material Safety Data Sheets.
1.02 PROTECTION
A. Prior to starting minor demolition operations, provide necessary protection in
accordance with General Conditions.
B. Provide fire protection (minimum of 3-20 lb. dry chemical fire extinguishers,
fully charged at all times.)
C. Protect cars, people, landscape and property from falling trash and debris, and
from contractor operations on the ground.
D. Provide dust protection at all areas of the building including air intake openings.
Provide dust filters and change as often as needed.
1.03 COORDINATION
A. Sequence minor demolition and renovation with work sequence of reroofing
work such that demolition debris is not transported across new roof surfaces.
B. Coordinate with reroofing work so that no more existing items are removed in
one day than can be replaced along with new roofing work in same day.
C. Do not begin demolition of roof membrane when weather forecast is greater
than 20% chance of rain.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Wood Nailers and Blocking
1. No. 2 or better Southern Yellow Pine.
02072 - 1 BLDG. 307
2. Fire-retardant treated with equal to or better than Osmose Flame Proof
LHC, bearing UL Label FR-S.
B. Fasteners
1. Screws: Hot-dip galvanized wood screws.
2. Nails: Non-ferrous, cement-coated, or hot-dip galvanized nails.
3. Concrete and Masonry: Stainless steel or galvanized screws with lead
expansion anchor, equal or better than Rawlplug by the Rawlplug Co.
C. Paint: Equal to or better than Kelly Moore Products listed..
1. Rust Olean (rust inhibitive paint).
2. Kel-Guard Red Oxide Primer.
4. Kel-Guard White Rust Inhibitive Primer.
5. Kel-Guard Galvanized Iron Primer.
6. Alkyd Semi Gloss Enamel.
D. Gypsum Concrete : Equal to USG "Pyrofill" poured gypsum concrete.
PART 3 - EXECUTION
3.01 PREPARATION
A. Verify that required barricades and other protective measures are in place.
B. Owner inspection and verbal authorization to proceed.
P�
3.02 MINOR DEMOLITION OPERATIONS
A. General:
1. Comply with precautions and procedures as required by City Ordinances
and OSHA Regulations.
2. Execute demolition in a careful and orderly manner without disturbance
or damage to adjoining surfaces and structure.
3. Avoid excessive vibrations in demolition procedures that would be
transmitted through existing structure and finish materials.
4. Verify that protection methods are in place to satisfaction of Owner's
Representative.
B -
Existing Roof Demolition: Completely remove existing modified and built-up
roof systems including insulation to existing gypsum and wood decks.
C. Abandoned equipment supports and vents:
1. Remove abandoned conduit, piping, supports and vent penetrations.
Cap-off below new roof membrane. Owner to remove / relocate
electrical conduit, gas piping and condensate lines. Coordinate
renovation work with owner with timely notification.
02072 - 2 BLDG. 307
3.03 DISPOSAL
A. Materials, equipment and debris resulting from demolition operations shall
become property of Contractor. Remove demolition debris in accordance with
applicable City, State and Federal Laws, and in accordance with requirements
of General Conditions.
B. Legally dispose of demolition debris.
3.04 MINOR RENOVATION WORK
A. Nailers and Curbs:
1. Clean and prepare existing surfaces to receive nailers and curbs.
2. Install new curbs or extend curbs as necessary to achieve a minimum 8
in. curb flashing height.
3. Replace damaged blocking with new blocking.
4. Install nailers and curbs continuously without gaps and plumb, level and
true with joints flush. Securely fasten to structure with thru-bolts or
drilled anchors. Use of power-actuated fasteners is prohibited.
B. Equipment Reinstallation: Remove and reinstall existing equipment, and fans as
required to facilitate new curbs and flashing. Reinstall on curbs after new
flashing is installed. Securely fasten to curbs. Owner to relocate AC units and
ductwork to new equipment supports installed by roofer. Coordinate work.
C. Metal Flue Replacement: Replace existing metal flues with new flues to match
existing size and style and as indicated in details.
D. Roof Top Piping Supports:
1. Install new wood supports for electric lines, gas lines, and condensate
lines run across roof(by owner). Coordinate work.
E. Gutters:
1. Remove portions of gutters as noted and cap ends of gutters to remain
adjacent to portions removed.
2. Install new gutters as noted and shown in details. Extend existing
downspouts to new gutters.
F. Paint:
1. Prepare surfaces and prime in accordance with paint manufacturers
instructions.
2. Do not paint prefinished equipment.
3. Paint shop primed equipment.
4. Prime and paint exposed pipes, conduit, boxes, exposed ducts, hangers,
brackets, collars and supports, except where items are prefinished.
5. Touch up primed ferrous metal after welding with red oxide primer.
02072 - 3 BLDG. 307
G. Cementitious Fill Repair: Remove fill material around damaged area back to
sound material. Pour gypsum concrete fill to depth required to be level with
existing adjacent fill material.
H. Deck Infill: Install additional structural support at abandoned existing skylight
curbs indicated and remove portion of existing channel curbs. Install new metal
deck and rigid insulation to flush with surrounding gypsum deck as shown in
detail.
3.05 CLEANING
A. As work proceeds, promptly remove trash and debris from roof area. Provide
chutes or other conveying system to transfer debris from rooftop to disposal
containers. Placement of chutes to be approved by owner's representative.
B. During progress of Work maintain premises free of unnecessary accumulation
of tools, equipment, surplus materials and clutter.
C. Collect cotton waste, cloths and material which may constitute a fire hazard,
place in closed metal containers and remove daily from site.
D. Promptly clean spilled paint and/or bitumen products as work proceeds.
END OF SECTION
02072 - 4 BLDG. 307
SECTION 07525
MODIFIED BITUMINOUS SHEET ROOFING
PART 1 - GENERAL
1.01 RELATED SECTIONS
A. Section - Minor Demolition and Renovation Work.
B. Section - Sheet Metal Work.
C. Section - Caulking and Sealants.
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM).
1. ASTM D 41 "Asphalt Primer Used in Roofing, Dampproofing and
Waterproofing".
2. ASTM D 312 "Asphalt used in Roofing".
3. ASTM D 4601 "Asphalt Impregnated Glass (felt) Mat Used as a Base Sheet
in Roofing and Waterproofing".
4. ASTM C 728 "Standard Specification for Perlite Thermal Insulation Board.
B. Federal Specification (FS).
1. FS-HH-I-529B "Insulation Block, Thermal (Mineral Aggregate)".
1.03 CONFORMANCE STANDARDS
A. Underwriters Laboratories (UL).
1. Fire Classification Rating: "Class A".
B. Factory Mutual (FM).
1. Wind Uplift Rating: "Class I-90".
1.04 QUALITY ASSURANCE
A. Provide written proof of Manufacturer's approved applicators status for required
warranty. Contractor shall submit certification within 5 days of bid.
B. Upon completion, provide an inspection by Manufacturer to assure installation is in
accordance with requirements for the warranties. Manufacturer's representative
shall provide a written inspection report certifying that the roof system has been
installed in accordance with manufacturer's accepted procedures and is warrantable
for the specified warranty period.
07525 - 1 BLDG. 307
1.05 WARRANTY AND CERTIFICATION
A. General: All warranties are calculated from the date of final acceptance by the
City. The Contractor shall be fully responsible for the work until date of final
acceptance.
B. Provide Manufacturer's No Dollar Limit (NDL), Total System Repair or Replace,
non-prorated twenty (20) year warranty covering materials and workmanship.
C. Provide Roofer's two (2) year unconditional total system warranty for all
components including flashing and sheet metal.
D. Certification of Owner's Maintenance Forces: Manufacturer shall provide, at
their expense, adequate training on the repair and modification of modified
bitumen, torch down roofing at a location within the DFW metroplex in order to
certify the Building Maintenance Division of the Transportation and Public Works
Department for warranty repairs and modifications of the manufacturer's roof
systems. The City of Fort Worth will pay for travel and per diem costs incidental
to the training. If training is required outside of the Metroplex for the purpose of
certification, the Contractor shall pay travel and per diem necessary for the
certification.
1.06 SUBMITTALS
A. Receive final written authorization for substitutions, if any.
B. Submit three (3) inch by five (5) inch samples of roofing membrane and
accessories with manufacturer's identification labels attached.
C. Submit manufacturer's application procedures which describe completely the
preparation of surfaces and application of specified materials.
D. Submit shop drawings showing details, fabrication and fastening devices for each
condition encountered.
1.07 PRE-INSTALLATION CONFERENCE
A. Prior to ordering materials and commencing roofing, a pre-installation conference
to discuss the specified roofing system and its proper application will be
conducted. Notify the local Manufacturer's representative when the
pre-installation conference is scheduled.
07525 - 2 BLDG. 307
1.08 DELIVERY, STORAGE AND HANDLING
A. Deliver roofing materials, insulation, and accessories in manufacturer's original
protective containers with labels intact and legible. Comply with manufacturer's
published instructions for storage and handling.
B. Store materials in dry protected areas, on clean, raised platforms with securely
anchored weather protective covering.
C. Store flammable products away from sparks or open flames.
D. Store roofing materials at a minimum of forty-five (45) degrees fahrenheit prior to
use as recommended by the manufacturer. Protect materials from freezing.
1.09 ENVIRONMENTAL REQUIREMENTS
A. Proceed with roofing work only when weather conditions comply with
manufacturer's recommendations. Do not exceed temperature limitations
recommended by the manufacturer.
B. Do not begin roofing work (removal or installation) when weather forecast is
greater than 20% chance of rain.
1.10 PROTECTION AND COORDINATION
A. Owner will occupy the premises during the entire period of the roof removal and
replacement. Cooperate with Owner's Representative during construction
operations to minimize conflict, and to facilitate continued use of the facility.
B. Coordinate scheduling with the Owner's Representative in order to protect the
building occupants and to protect the building contents from damage during
construction operations.
PART 2 - PRODUCTS
2.01 ROOF INSULATION
A. Approved manufacturer: Equal to U.S. Intec, Inc.
B. 1. Homogeneous Board of expanded perlite.
2. Insulation to comply with ASTM C 7283 and FS-HH-I-529B.
3. 1/4" min. thick, 1/4" per foot slope.
07525 - 3 BLDG. 307
2.02 ROOFING MEMBRANE SYSTEM
A. Approved manufacturer: Equal to U.S. Intec, Inc.
B. Approved System: Specification No. GB-B3SP-RI.
C. Modified Bituminous Membrane: Equal to Intec GBSP-4.
1. Compound: Atactic Polypropylene (APP) Modified Asphalt.
2. Reinforcement: Non-woven Polyester; One hundred seventy (170) grams per
square meter (min).
3. Weight: One hundred five (105) pounds per roll.
4. Thickness: Four and one-half(4.5) mm.
5. Application: Torch.
6. Surfacing: Mineral Granule.
7. Color: Tan.
D. Interply Membrane: Equal to Intec SP-4.
1. Type: Atactic Polypropylene (APP) Modified Asphalt.
2. Reinforcement: Non-woven Polyester; One hundred seventy (170) grams
per square meter (min).
3. Weight: Eighty-eight (88) pounds per roll.
4. Thickness: Four (4) mm.
5. Application: Torch.
E. Base Sheet: Equal to Intec Ultra Base.
1. Type: Asphalt saturated glass mat conforming to ASTM D 4601.
2. Weight: Sixty-seven (67) pounds per roll.
F. Vented Base Sheet: Equal to Intec Permaglas Permavent.
1. Type: Granual surfaced underside, glass fiber reinforced base sheet
conforming to ASTM D 4897-95, Type I/H.
2. Weight: Sixty-nine (69)pounds per roll.
G. Asphalt Primer: ASTM D 41.
- H. Asphalt: ASTM D 312 Type IV, steep asphalt. Use only that asphalt which has all
of the following information printed on the asphalt packages or on the bills of
lading covering bulk asphalt.
1. Softing point range: The temperature ranges of the asphalt determined in
accordance with ASTM D 312 and ASTM 36.
2. Equiviscous temperature range: The temperature range, plus or minus
twenty-five (25) degrees fahrenheit, at which a viscosity of one hundred
twenty-five (125) centistokes is attained.
3. Finishing blowing temperature: The temperature at which the blowing of the
asphalt has been completed.
07525 - 4 BLDG. 307
2.03 FLASHING SYSTEMS
A. Flashing: Equal to products listed, Intec GBSP-4 flashing, Intec SP-4 flashing and
Mini Intec flashing as recommended by the manufacturer to suit each condition.
2.04 CANTS
A. Perlite Cant Strip: Four (4) inch.
2.05 MECHANICAL FASTENERS
A. Fasteners for Wood Deck: Equal to Drill-Tec "Coated Thread Point (CTP)"
Fasteners, manufactured by U.S. Intec, Inc. conforming to Factory Mutual No.
4470. #3 phillips head of sufficient length to penetrate the wood deck a minimum
of one (1) inch.
1. Drill-Tec Stress Plates: Three (3) inch metal conforming to Factory Mutual
No. 4470, Galvalume 3.16 inch diameter, center hole .25 inch.
B. Fasteners for Gypsum Deck: Equal to Drill-Tec "LiteDeck (LD)" Fasteners,
manufactured by U.S. Intec, Inc. Use with 3" Drill-Tec "LiteDeck" plates
PART 3 - EXECUTION
3.01 REMOVALS
A. Remove entire existing roof system, including aggregates, roofing membranes and
rigid insulation down to metal deck, or Cementitious fill.
B. Remove only portions of the existing roofing system that can be covered by
insulation and roofing during the same day, or before the onset of inclement
weather. Seal new roofing system each day to protect insulation, new membrane
and the structure from water penetration.
3.02 EXAMINATION
A. Verify securely supported and attached deck, free of depressions, waves or
projections.
B. Verify deck surfaces are dry and free of moisture in any form.
C. Verify proper placement of roof openings, pipes, curbs, sleeves, ducts, vents,
drains and other penetrations.
D. Verify proper securement of penetrating or roof mounted equipment.
07525 - 5 BLDG. 307
3.03 JOB AND WEATHER CONDITIONS
A. Suspend all application and installation activities during inclement weather.
B. Remove debris from roof deck and site on a daily basis and dispose at an approved
disposal site.
C. Protect roof deck and insulation from moisture by providing water cut-offs at the
end of each day's work or when the weather is threatening. Failure to protect the
deck and roofing from moisture will result in the removal of damaged materials or
materials containing excessive moisture. Remove water cut-offs prior to start of
new work.
D. Protect building and adjacent surfaces from bitumen spillage.
E. Do not permit traffic or material storage on completed roof surfaces.
3.04 ASPHALT
A. Provide kettle or tanker with clearly visible operating thermometer.
B Do not heat halt above flash int and EVT recommendations.
�P Po
C. Application of asphalt: Uniformly applied applications without voids as
recommended by roofing manufacturer.
D. Type of asphalt.
1. Insulation to insulation: Steep, Type IV.
2. Roofing base sheet to insulation: Steep, Type IV.
3. Tapered insulation to vented base sheet (gypsum deck): Steep, Type IV.
3.05 SUBSTRATE PREPARATION
A. Comply with manufacturer's published instructions for preparation of substrates to
receive sheet roofing. Prior to priming, clean substrate of dust, debris, and other
substances detrimental to roofing work.
B. Repair any areas of damaged wood deck, and gypsum deck. (Cost for areas of
unknown damage will be negotiated as a change order.) Areas of damaged roof
deck identified on plans to be included in base bid. Repair decks as required
where abandoned penetrations are removed.
07525 - 6 BLDG. 307
3.06 ROOF INSULATION
A. Neatly fit insulation to all penetrations, projections, and milers. Fill all gaps
greater than one-quarter (1/4) inch wide with insulation. Do not leave membrane
unsupported in an area greater than one-quarter (1/4) inch.
B. Verify wood nailers are identical thickness of insulation.
C. Install no more insulation than can be covered with roofing membrane and
completed before the end of the day's work, or before the onset of inclement
weather.
D. Butt edges without forcing.
E. Set insulation with long joints continuous and short joints staggered in one
direction.
F. Install tapered perlite insulation system and mechanically fasten to wood deck per
manufacture's recommendations and FM Class I-90. (Roof "E")
G. Install tapered perlite insulation system in a full uniform coating of roofing asphalt
over vented base sheet at gypsum deck. Asphalt to be applied at a rate of twenty-
five (25) to thirty (30) pounds per square.
3.07 BASE SHEET
A. Install one (1) ply of base sheet over tapered perlite insulation system in a full and
uniform coating of asphalt, applied at the rate of twenty-five (25) pounds per
square.
B. Laps: Two (2) inch side laps and four (4) inch end laps.
C. Gypsum Deck prior to installation of tapered insulation:
1. Mechanically fasten vented base sheet to deck per fastener manufacturer's
recommended layout.
2. Laps: Two (2) inch side laps and four (4) inch end laps.
3.08 INTERPLY MEMBRANE
A. Heat weld one (1) ply of Interply membrane perpendicular to base sheet.
B. Laps: Three (3) inch side laps and six (6) inch end laps.
07525 - 7 BLDG. 307
3.09 MODIFIED BITUMINOUS MEMBRANE
A. Heat weld one (1) ply of modified bituminous membrane perpendicular to Interply
membrane.
B. Laps: Three (3) inch side laps and six (6) inch end laps.
3.10 FLASHING
A. Prime metal and masonry surfaces prior to flashing application at the minimum
rate of one (1) gallon per one hundred (100) square feet.
B. Securely attach flashing using torch application over base sheets as recommended
by the manufacturer.
3.11 SAFETY PRECAUTIONS
A. Statement of Practical Treatment: In case of skin contact with molten bitumen or
flame from torching device, apply ice. Get medical attention immediately.
B. In Case of Fire: Use ABC-rated fire extinguisher and get assistance from fire
department immediately.
C. General Precautions:
1. Read and understand manufacturer's roofing manual before starting
application. Follow all precautions and directions.
2. Thoroughly train personnel in recommended safety procedures for use of
torching device and for application of product.
3. Fire prevention inspections should be conducted periodically during
installation, with a final inspection being conducted upon completion of that
day's work.
4. Wear personal protective gear as required. Including use of approved safety
hard hat, goggles, heavy duty gloves, snug-fitting clothing (long pants and
long sleeved shirt), and boots.
5. Thoroughly train personnel on preventing and extinguishing fires.
6. Thoroughly train personnel in first aid procedures.
7. Never allow contact between the heated surface of the product or the torching
device and hair, skin or clothing.
8. Comply with all applicable OSHA safety standards and applicable fire codes.
9. Avoid physical contact with product for at least one hour after application.
10. Never apply modified bitumen products directly over exposed conduits or
pipes laying on the roof deck.
11. Provide in the immediate work area at least one (1) ABC-rated fire
extinguisher for each torching device.
12. Use extreme caution when working around equipment, such as gas lines or
HVAC units, which have electrical connections.
07525 - 8 BLDG. 307
D. TORCHING DEVICE:
1. Do not allow torching device to come in contact with flammable materials.
Roofing surface, walls, abutments and surrounding surfaces must be
inspected prior to utilization of torching device so that necessary
precautionary measures may be taken.
2. Keep torch flame moving at all times; failure to do so may result in ignition
of surface and/or underlying materials.
3. Avoid prolonged contact with heat sensitive metals such as lead, as
overheating of these metal surfaces could ignite underlying flammable
surfaces.
4. Never use propane except in well-ventilated areas.
5. Manufacturer's safety and operating instructions provided with the torch
system must be followed strictly.
6. Check all fittings and other equipment on the application equipment for
leakage. NEVER USE A FLAME TO CHECK FITTINGS AND OTHER
EQUIPMENT.
7. Propane tanks are pressurized. Do not puncture. Do not expose to extreme
heat. Tanks must be maintained a minimum safe distance away from torch
flame.
8. Containers which contain or may have contained flammable material must be
kept clear from the torch or other heat source.
9. Use base sheet recommended by manufacturer's roofing manual. Failure to
do so is extremely hazardous as the base sheet provides a protective covering
for underlying combustibles.
10. Cant strips used at roof/wall abutment must be composed of fire retardant
material or protected from direct contact with torch flame.
11. Application personnel must remain on the job site for a minimum of one
hour after completion of installation to inspect for any possible
smoldering combustible material. Since fires can result hours after
completion of work, periodical inspection thereafter must be made, the time
and nature of which will vary depending on the size of the job and the nature
of the application surface and abutments.
12. Never place hot torching device on roof surface, insulation or any other
surface or object, other than acceptable stand or holder or fireproof surface.
13. Never leave a lighted torching device unattended.
14. Never use torching device to apply any material other than APP modified
bituminous membrane.
15. Allow torching device to cool completely to room temperature before
removing it from roof.
07525 - 9 BLDG. 307
3.12 FIELD QUALITY CONTROL
A. Provide on-the-job inspections, technical assistance and membrane application
guidance as may be necessary to complete the roofing membrane application in
accordance with manufacturer's warranty requirements.
3.13 JOB COMPLETION
A. Inspect completed roofing and correct all defects to meet the specification
requirements.
B. Manufacturer's representative shall inspect the completed roofing system and
notify the Contractor and Architect of any defects in the application.
C. Clean up all debris, excess materials and equipment and remove from site daily.
D. Clean any drips or spills of asphalt or primers.
E. Restrict construction traffic and equipment movement on the completed roofing to
only essential personnel. Provide appropriate protection against traffic and
construction activities on completed roofs.
END OF SECTION
07525 - 10 BLDG. 307
SECTION 07600
SHEET METAL WORK
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Metal edge.
B. Counter flashing over modified bitumen flashing.
C. Flashing accessories.
D. Gutters and downspouts.
M 1.02 REFERENCES
A. ANSI/ASTM B32 - Solder Metal.
�- B. ASTM A525 - Steel Sheet, Zinc Coated, (Galvanized) by the Hot-Dip Process.
C. FS O-F-506 - Flux, Soldering, Paste and Liquid.
D. FS QQ-S-571 - Solder, Tin Alloy.
E. FS TT-C-494 - Coating Compound, Bituminous, Solvent Type, Acid Resistant.
F. FS SS-C-153 - Cement, Bituminous, Plastic.
G. SMACNA - Architectural Sheet Metal Manual.
1.03 QUALITY ASSURANCE
A. Applicator: Company specializing in sheet metal flashing work with five years
minimum experience.
B. Conform to SMACNA Manual fortYP ical design conditions. Sizing of storm drain
components and downspouts for rainfall intensity of minimum 6 inches per hour to
meet City of Fort Worth code requirements.
1.04 SUBMITTALS
A. Submit shop drawings and product data. Submit manufacturer's installation
instructions.
07600 - 1 BLDG. 307
B. Shop drawings showing layout, profile; methods of joining, and anchorages details,
including major counter-flashings, trim/facia unit., and expansion joint systems.
Provide layouts at 1/4 inch scale and details at 3 inch scale.
1.05 PROJECT CONDITIONS
A. Coordinate work of this section with interfacing and ,adjoining work for proper
sequencing of each installation. Ensure best possible weather resistance and
durability of work and protection of materials and finishes.
1.06 WARRANTY
A. Guarantee all metal flashing installed.in conjunction with roofing against leaks and
defects for a period of two years following Substantial Completion.
r 1.07 STORAGE AND HANDLING
A. Materials shall be delivered to the site in a dry and undamaged condition and stored
out of contact with the ground. Materials shall be covered with weathertight
coverings and kept dry.
B. Stack preformed and prefinished material to prevent twisting, bending, or abrasion,
and to provide ventilation.
C. Prevent contact with materials during storage which may cause discoloration,
staining, or damage.
PART 2 - PRODUCTS
2.01 SHEET MATERIALS
A. Galvanized Steel: ARMCO Zincgrip Paintgrip, ASTM A525, G90; 24 gage core
steel.
B. Pre-Coated Galvanized Steel: ASTM A525, G90; 24 gage core steel, shop pre-
coated with selected color. Metal edge, gutters, and downspouts.
2.02 COMPONENTS
A. Counter Flashing, Edge Flashing: Profiles shown on drawings.
B. Gutter: Rectangular SMACNA style profile.
C. Downspouts: Square profile (match existing).
07600 - 2 BLDG. 307
D. End caps, downspout outlets, gutter and downspout straps, and joint fasteners:
. Profiled to suit gutter and downspouts.
2.03 ACCESSORIES
A. Fastener: Galvanized steel with soft neoprene washers at exposed fasteners. Finish
exposed fasteners same as flashing metal.
B. Gutters and Downspout supports: Straps.
6 C. Underlayment: ASTM D266; No. 15 asphalt saturated roofing felt.
D. Plastic Cement: FS SS-C-153, Type I-asphaltic cement. (NO ASBESTOS)
E. Anchorage Devices: SMACNA requirements. Type recommended by fabricator.
F. Solder: FS QQ-S-571; ANSI/ASTM B32; 50/50 type.
G. Flux: FS O-F-506.
2.04 FABRICATION
A. Shop fabricate work to greatest extent possible.
B. Form Gutter and downspouts of profiles and sizes to SMACNA requirements or as
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otherwise indicated.
C. Form profiles and sizes to details and SMACNA requirements. Form pieces in
longest practical lengths.
D. Form sections true to shape, accurate in size, square, and free from distortion or
defects detrimental to appearance or performance.
E. Field measure site conditions prior to fabricating work.
F. Fabricate for waterproof and weather-resistant performance, with slip joint, backer
plate expansion provisions for running work, sufficient to permanently prevent
L leakage, damage, or deterioration of the work.
G. Fabricate with required connection pieces.
H. Fabricate cleats and starter strips of same material as sheet, interlockable with sheet.
LI. Hem exposed edges on underside 1/2 inch; miter and seam corners.
J. Form material with standing flat lock cover plate seam.
07600 - 3 BLDG. 307
K. Solder and seal metal joints. After soldering, remove flux. Wipe and wash solder
joints clean.
L. Fabricate corners from one piece with minimum 18 inch long legs; seam solder for
rigidity, seal with sealant.
M. Fabricate vertical faces with bottom edge formed outward 1/4 inch and hemmed to
form drip.
2.05 FINISH
A. Shop prepare and prime exposed ferrous metal surfaces.
B. Utilize prefinished sheetmetal on metal edge, gutters, and downspouts.
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify membrane termination and base flashing are in place, sealed, and secure.
B. Verify roof openings, curbs, pipes, sleeves, ducts, or vents through roof are solidly
set, cant strips in place, and nailing strips located.
C. Beginning of installation means acceptance of existing conditions.
3.02 PREPARATION
A. Field Measure site conditions prior to fabricating work.
B. Install starter and edge strips, and cleats before starting installation.
C. Secure flashing in place using concealed fasteners. Use exposed fasteners only in
locations approved by Architect.
D. Lap Lock Cleat Seam and seal all joints.
E. Apply plastic cement compound between metal flashing and felt flashing.
F. Fit flashing tight in place. Make corners square, surfaces true and straight in planes,
and lines accurate to profiles.
G. Solder metal joints watertight for full metal surface contact. After soldering, wash
metal clean with neutralizing solution and rinse with water.
07600 - 4 BLDG. 307
3.03 INSTALLATION
A. General: Except as otherwise indicated, comply with manufacturer's Installation
instructions and recommendations and with SMACMA. Anchor units of work
securely in place by methods indicated, providing for thermal expansion of metal
units; conceal fasteners where possible, and set units true to line and level as
indicated. Install work with laps,joints, and seams that will be permanently
watertight and weatherproof.
3.04 PROTECTION AND CLEANING
A. Protect flashings and sheet metal work during construction to ensure that work will
be without damage or deterioration other than natural weathering at time of
Substantial Completion.
B. Clean exposed metal surfaces removing substances that might cause corrosion of
metal or deterioration of finishes.
END OF SECTION
07600 - 5 BLDG. 307
SECTION 07951
CAULKING AND SEALANTS
PART 1 - GENERAL
1.01 JOB CONDITIONS
A. Joints. Dry, clean, and free of grease, oil, wax, tar, asphalt, mastic compounds,
waterproofing agents or other foreign materials.
PART 2 - PRODUCTS
2.01 SEALANT
A. Sealant Primer: As manufactured and recommended by the sealant manufacturer in
writing. All sealants must be used with a primer. If the manufacturer does not
routinely require a primer, obtain a recommendation to fill this requirement.
B. Sealant Backup Material: As manufactured or recommended by the sealant
manufacturer for the substrate type and joint design on this project. Unless indicated
or specified otherwise, all joints must have a backup material sized to be slightly
compressed in the joint when installed.
C. Color: To match the adjacent substrate as closely as possible with standard stock
colors.
D. Sealant Type for General Use: FS TT-S-230C (COM-NBBS) (Feb. 2, 1970)
including Amendment 2 (Oct. 9, 1970) single component sealing compound, Type
II, Class A. Sealant material must be urethane or acrylic polymer.
E. Pourable Sealant for M-Curbs: Self leveling, pourable sealant, two component
urethane equal to Pro-Pack as manufactured by Chem Link.
F. Use sealants whose date of manufacture shows they have not exceeded their shelf
life. Do not use sealants with a date of manufacture more than 12 months old.
PART 3 - EXECUTION
3.01 APPLICATION
A. Remove corrosion from steel surfaces with hand or power driven wire brush, then
clean surface with solvent. Scrape wood surfaces to remove loose paint and foreign
07951 - 1 BLDG. 307
matter and sandpaper to roughen surface. Construct joint such that sealant depth is
equal to 1/2 width but not less than 1/4" deep. Where necessary, joints shall be
packed with backup material. Apply masking tape, at least 2" in width to both sides
of joint for protection.
B. Apply to inner joint recesses until entire area is solidly packed and completely filled.
Exposed surfaces of caulking joints may be smoothed with finishing tool, dipping it
in solvent. Remove masking tape before setting occurs.
3.02 CLEANING
A. Clean adjacent materials which have been soiled immediately and leave work in neat,
clean, unsoiled condition. Prevent damage or discoloration to adjacent material
when removing excess caulking materials.
End of Section
07951 - 2 BLDG. 307