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HomeMy WebLinkAboutContract 32605 CITY SECRETAFsy, —> VUS COPY F0k CONTRACT NO. ______COtQ ACIOR THE CITY OF FORT WORTH, TEXAS_ �� cion EONDING CO. mt SECRETARY TPW2002-18 ---e'"alimcnoma WNW*DIV. TOW-FIIE COPE FIRE STATION 38 FORTWORTH MIKE MONCRIEF CHARLES BOSWELL .. MAYOR CITY MANAGER MAN - Robert Goode, P.E. Director, Transportation and Public Works Leonard Charles Gaines, Chief Fire Department RPGA Architects -r4 =.3 ;= June 2005 ' j 1jr -JAL1 � T 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 4°i day of October AD, 20 05, 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 Prime Construction Company of the City of Arlington County of Tarrant State of Texas t 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: FIRE STATION 38 PARK VISTA BOULEVARD -� FORT WORTH, TEXAS 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$2.011,000.00 and includes the base bid and Alternates. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 270 calendar dans. Insurance Requirements: The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance_ The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors_ The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The C - 1 Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors a. WORKER'S COMPENSATION INSURANCE: • Statutory limits • Employer's liability • $100,000 disease each employee • $500,000 disease policy limit • $100,000 each accident b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. c: BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident • The policy shall cover any auto used in the course of the project d: BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA • $1,000,000 each occurrence; $2,000,000 aggregate limit. • This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s)of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. g. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. C - 2 rs ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractors insurance policies excepting employer's liability insurance coverage under Contractors workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000. per occurrence unless otherwise approved by the Owner. g. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractors insurance. j. Contractors insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Owners officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractors liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of$25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 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. C - 3 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 Conditions, 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 FIVE (5) 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 FIVE(5)counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the 4"' day of October , AD, 20 05 . Pal mE (,on�s7"R�ci 3 ons �vr�iol�NY Contractor By: APP )D:Nam T—"Izy .r�oodt, By: Office Aant ity Mana r Marc A. Assistant City Manager APPROVAL RECOMMENDED: RECORDED: By: By: Transportation and Public Works City Secretary APPROVED AS TO FORM AND LEGALITY: �11J Date _ By: Contract A thoriaatioa Ass stant ' tt ey Dat:@ 6 n p�� �p Bond # 4349893 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Prime Construction Company , as Principal herein, and (2) SureTec Insurance Company a corporation organized and existing under the laws of the State of(3) Texas , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two Million, Eleven Thousand Dollars and No Cents Dollars ( $2,011,000.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, Y executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 4th day of October , 2005, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: FIRE STATION 38, PARK VISTA BOULEVARD, FORT WORTH, TEXAS Proiect No. C291-202110000480; C132-020132011038; C202-202770000480. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 4t' day of October , 2005. ' PRINCIPAL ATT ;ST. By: Name: (Prncipal) Secretary Title: Pre �Si� J (S E A L) Address: U�OI �Q�CCcS l t✓�1 ►+P 1 UI 1 JIfitness as to Principal SureTec Insurance Company T SURETY ATTEST: By: _QAC.) Name: Staci Gross Secretary Attorney in Fact L} Address: 5000 Plaza on the lake, Suite 290 Austin, TX 78746 mom IL Wanes a to Surety Telephone Number: (512) 732-0099 momJ am NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety 6WR Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. mom The date of bond shall not be prior to date of Contract. Bond # 4349893 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Prime Construction Company , as Principal - herein, and (2) SLrPTPc Tn,u-rgnr-P Cnm?,qnj, , a corporation organized under the laws of the State of(3) and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Two Million, Eleven Thousand Dollars and No Cents Dollars ( $2,011,000.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 0 day of October_, 2005, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of FIRE STATION 38, PARK VISTA BOULEVARD, FORT WORTH, TEXAS Proiect No. C291-202110000480; C132-020132011038; C202-202770000480. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 4t' day of October , 2005. Can*uc-h m) PRINCIPAL ATTEST: By: J Name: ( cipal) Secretary 'Title: JI(,I�i1u 1 F (S E A L) ,Address: UQ104S] DA-*aj rll l fitness as to Principal SureTec Insurance Com?any SURETY ATTEST: By: Name: Staci Gross Secretary Attorney in Fact 1CS E A L) Address: 5000 Plaza on the Lake, Suite 290 -: .— Austin, TX 78746 r Witness a�j Surety Telephone Number: (512) 732-0099 ,rte NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. one (3) State of incorporation of Surety Telephone,number of surety must be stated. In addition, an original copy of �.. Power of Attorney shall be attached to Bond by the Attomey-in-Fact. The date of bond shall not be prior to date of Contract. r POA!i: 4221151 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and _ existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Steven E.Burleson,Donal E.Boley,George S.Deal,Staci J.Gross of wichita Falls Texas its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead, to execute,acknowledge and deliver any and all bonds, recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars($5,000,00.00) 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 in the premises. Said appointment shall continue in force until June 30,2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. i` Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999). In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. A SBillKiing, EC INS CE C .. OMPANY dR NZN, ... ......FC i .,%0� By: i W(w ;A; re drit State of Texas ss: ��4� 1b;! Zi County of Harris 1......r` On this 20th day of June,A.D. 2005 before me personally came Bill King,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above *' instrument;that he knows the seal of said Company;that the scat affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. smmr Michelle Denny e ° SkftaTexall 1 YI '0,r/II or my►cowwofl BOGS Michelle Denny,Notary Pubic AUNSf 27.2008 My commission expires August 27,2008 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 4th day of October 12005 ,A.D. �M 16/7�A M.Brent Beaty,Assistant Sere ry Any instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the Authority of this p"er you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake.Suite 290 Austin,TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#: 512.475-1771 PREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002(the"Act),this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U.S. Specialty Insurance Company,and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism"as defined in Section 102(1)of the Act is Zero Dollars($0.00). The United States will reimburse the Issuing Sureties for ninety percent(90%)of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism,as is true for all coverages, is limited by the terms, conditions,exclusions,penalties,limits, other provisions of your bond and the underlying contract,any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for,and the surety thereon shall not be liable for,molds,Irving or dead fungi, bacteria,allergins,histamines,spores, hyphae,or mycotoxins,or their related products or parts, nor the remediation thereof,nor the consequences of their occurrence,existence,or appearance. Rey 11.11.03 REINSURANCE CERTIFICATION Surety Company: State of SureTec Insurance Company Incorporation: Texas 952 Echo Ln., Suite 450 Houston, Tx 77024 Principal: Obligee: Prime Construction Company, Inc. City of Fort Worth 8101 Valcasi Drive, Suite 101 Project: Arlington, TX 76001 Construct New Fire Station #38 Bond No.: 4349893 Amount: $2,011,000.00 y Reinsuring Company Treasury Limit* Partner Reinsurance Company of the U.S. $48,740,000 Employers Reinsurance Corporation $517,246,000 *Per Federal Circular 570 dated 7-1-2005 Federal Treasury Compliance Pursuant to 31 CFR 223.10-11, the above referenced Bond is in compliance with Federal Treasury y Regulations and Limitations. SureTec Insurance Company has been certified in compliance with the law and regulations of the U.S. Department of the Treasury and acceptable as surety on Federal Bonds under Title 31 USC Sections 9304-9308. All non-Federal bonds, including the bond described, that exceed the Federal Treasury limitation, are reported to Treasury and certified in compliance through the use of acceptable reinsurance as outlined above. Texas Public Works Compliance We certify that the above referenced bond is in full compliance with the Texas Department of Insurance Regulations and is in compliance with Texas Statutes, including Vernon Civil Statutes Articles 6.16 and 7.19-1. Signed this 21st day of October 2005 SureTec Insurance Com any Coun rsigne _ Steven D. Nelson ndey JViFact ings President Attorney SureTec Insurance Compa y`'' �"`~�`` 4349893 Reins Cert.doc rev. 7-05 POA#: 4349893 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Steven D. Nelson, Lindey Jennings of Austin ,Texas its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Prime Construction Company,Inc. Obligee: City of Fort Worth Amount: $2,011,000.00 and to bind the Company thereby as fully and to the same extent as if such bond 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-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. SURETEC INS COMPANY y%jRANC-fi -FO By - w t w ;of B.J.King r sident State of Texas ss: co County of Harris `r On this 20th day of June,A.D. 2005 before me personally came B.J. King,to me known, who,being by me duly sworn, did depose and say, that he .� resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. Michelle Denny �o�r�Y Pugt Notary Public n * State of Texts �'(AA&Q, sq�r oFpe My Commission Expires Michelle Denny,Notary PYblic �- August 27, 2008 My commission expires August 27,2008 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 21 st day of October 20 05 ,A.D. 'lff,)t M.Brent Be y,Assistant 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 call(713)812-0800 any business day between 8:00 am and 5:00 pm CST: ACORD CERTIFICATE OF LIABILITY INSURANCE OPE ID DATE(MM/DDNM) PRIME-1 10/19/05 mODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE OPley Featherston Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR O. Box 97513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. '..ichita Falls TX 76307-7513 Phone: 940-723-7111 Fax:940-322-9549 INSURERS AFFORDING COVERAGE NAIC# )URED _ INSURER A: Nt liawley Insurance Company 37974 INSURERS: Southern County Mutual Ins Co 27863 Prime Construction Company INSURER C: Texas Mutual Ins Co r-1 8101 Valcasi Drive, Suite 101 INSURER D: Arlington TX 76001-7702 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING MANY 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. INbK LTR rUU SR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/D LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 ED- 1 X X COMMERCIALGENERALLIABILITY MGLO140372 05/15/05 05/15/06 PREMISES(Ea occurence) s50,000 CLAIMS MADE a OCCUR MED EXP(Any one person) s5,000 am PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE 62,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 ri POLICY X PECT RO- LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 3 X X ANY AUTO TCAS625931 04/18/05 04/18/06 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) $ X HIRED AUTOS BODILY INJURY X 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/UMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 A X OCCUR F7 CLAIMS MADE bM0359731 11/01/05 05/15/06 AGGREGATE s2,000,000 S DEDUCTIBLE $ X RETENTION $10,000 s WORKERS COMPENSATION AND I X I TORY LIMITS ER C EMPLOYERS'LIABILITY TSF0001152434 01/06/05 01/06/06 E.LEACHACCIDENT s500000 ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE s500000 Des describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500000 OTHER 7e ESC_LPRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED IN REGARD TO GENERAL LIABILITY AND BUSINESS AUTO AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION ( APPLIES IN REGARD TO GENERAL LIABILITY, BUSINESS AUTO, AND WORKERS' COMPENSATION. A 10-DAY NOTICE OF CANCELLATION APPLIES FOR NONPAYMENT OF PREMIUM. PROJECT: FIRE STATION 38-PARK VISTA BLVD CERTIFICATE HOLDER CANCELLATION FORTC01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF FORT WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CONTRACT ADMINISTRATOR IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 THROCKMORTON STREET FORT WORTH TX 76102 REPRESENTATIVES. AU R `"ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT �. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER L The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. L .L 1. L L ACORD 25(2001/08) ACORD_ CERTIFICATE OF LIABILITY INSURANCE Op 10 1 DATE(MMIDDffYTY) 10/24/05 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Boley Featherston Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 97513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Wichita Falls TS 76307-7513 Phone: 940-723-7111 Fax:940-322-9549 INSURERS AFFORDING COVERAGE NAIC# NIsuRED INSURER A: Zurich bme :Laan Ins Company 16535 INSURER B: pr Cgustruction COl�any INSURER C: 8101 Valaasi Dr w, *Suite 101 INSURER D: Arlington TR 7601-7702 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREW IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR= POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE fMMMDrM DATE M LIMITS GENERAL LNBILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea aaurence) S CLAIMS MADE F—]OCCUR MED EXP(Any one person) E �.. PERSONAL&ADV MURY S OLTILTIAL A=4COATC 6 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 17 POLICY JET LOC l� AUTOMOBILE LIABILITY COMBINED 6`NfILE LMR s ANY AUTO IFA ee x*M ALL OWNED AUTOS BODILY MURY SCHEDULED AUTOS (P-Pawn) s HIRED AUTOS BODILY Y S NON-OWNED AUTOS PROPERTY DAMAGE s ca..aceta.m 41111111111 — 1-1 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA AGC $ AUTO ONLY: AGO E F-XCESWM13RELLA LUIBILITY EACH OCCURRENCE $ OCCUR F—]CLAIMS MADE AGGREGATE $ S DEDUCTIBLE S RETENTION s $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY '— ANY PROPRIETORIPARTHIERIEXECUTIVE E.L EACH ACCIDENT $ OFFICERMIEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE s Hdeambe under SPECIAL PROVISION'S below EL DISEASE-POLICY LIMIT $ OTHER A Builders Risk BR54980405 01/06/05 01/06/06 PER LOC/ 3,000,000 DISASTER 5,000,000 - DESCRIPT*K OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION FORTC01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF FORT WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SG SMALL CONTRACT ADMINISTRATOR 1000 THROClUIORTON STREET IMPOSE NO OBLIGATIONOR LIABILITY OF ANY KIND UPON TRUE INSURER,ITS AGENTS OR FORT WORTH TX 76102 REPRESENfATNES. AU ACORD 25(2001108) Q ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or atter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/4/2005 -Ordinance No. 16636-10-2005 & Ordinance No. 16637-10-2005 DATE: Tuesday, October 04, 2005 LOG NAME: 20STATION38 REFERENCE NO.: C-21066 SUBJECT: Adopt Appropriation of Funds and Authorize Execution of Construction Contract with Prime Construction Company for the Construction of Fire Station 38 at Park Vista Boulevard and Westport Parkway RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Assesments Fund in the amount of$600,000; 2. Authorize the City Manager to transfer $600,000 from the Special Assessments Fund to the Specially Funded Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund by $600,000; and 4. Authorize the City Manager to execute a construction contract, in the amount of$2,011,000, with Prime Construction Company for the construction of Fire Station 38 at the intersection of Park Vista Boulevard and Westport Parkway. DISCUSSION: The 1998 bond program allocated $1,800,000 to construct and equip a fire station in the Alliance Corridor. Construction on this station was originally programmed for the latter part of the bond program implementation timeframe. Hillwood Development Corporation agreed to donate a site for the new fire station. Due to complications in identifying the specific site for the station the design process did not formally begin until May 2004. Also, the design process for this project was longer than usual due to the fact that this design will serve as a proto-type design for future fire stations. Also included in the project, per the amended Land Dedication Agreement with Hillwood Development Corp., are funds transferred from the Capital Projects Reserve Fund (M&C G-14363) for widening (addition of two lanes) of the portion of Westport Parkway bordering the Fire Station 38 site. The recommended Prime Construction Company contract includes the cost of the Westport Parkway road-widening project. The solicitation for the construction project was advertised on June 30 and July 7, 2005. The following bids were received: Company Bid Basic Industries,Inc. $1,931,918.00 Prime Construction Company $2,019,000.00 Key Construction Inc. $2,269,000.00 Modern Contractors, Ltd. $2,273,000.00 Imperial Construction, Ltd. $2,307,000.00 R.B.R.Construction, Inc. $2,385,000.00 Aztecz Enterprises, Inc. $2,389,000.00 Gilbert/May Inc.,d/b/a Phillips/May Corp. $2,768,000.00 Basic Industries, Inc. failed to submit M/WBE participation information in the required timeframe and was declared non-responsive. Each of the firms submitting the required follow-up information were ranked based on price, reputation, and experience. Prime Construction was determined to be the best value offeror. After selection of Prime Construction Company as the best value offeror, City staff conducted negotiations with Prime on the final contract price. A contract amount of$2,011,000 was ultimately agreed upon. Based on a construction contract amount of $2,011,000, this project is projected to come in over budget. The projected overage can be attributed primarily to the fact that construction inflation in the past 18 months has been 3 - 5 times the average inflation rate for the preceding 20 years. To address the funding gap, monies from the Special Assessment Fund will be used to supplement the 1998 bond funds. The total cost associated with this project is expected to be: Item Cost Construction $2,011,000.00 Design $167,750.00 Fumiture/Fixtures/Equipment $60,000.00 Staff&Miscellaneous Charges $141,000.00 Contingency $100,000.00 Total $2,479,750.00 Prime Construction is in compliance with the City's MNVBE ordinance by committing to 34% M/WBE participation on this project. The City's MNVBE goal for this project is 34%. This project is located in City Council District 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriations ordinance, funds will be available the the current capital budgets, as appropriated, of the Fire Services Fund and the Specially Funded Capital Projects Reserve Fund. TO Fund/Account/Centers FROM Fund/Account/Centers S94 488032 020940099050 $600,000.00 GS94 538070 020940099050 $600,000.00 S94 538070 020940099050 $600,000.00 291 541200 202110000480 $600,000.00 C291 472094 202110000480 $600,000.00 C132 541200 020132011038 $1,384,000.00 31 C291 472094 202110000480 $600,000.00 C202 541200 202770000480 $27,000.00 C291 541200 202110000480 $600,000.00 Submitted for City Manager's Office by: Marc Ott (6122) Originating Department Head: Robert Goode (7801) Additional Information Contact: Greg Simmons (7862) Ordinance No. AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL ASSESSMENTS FUND IN THE AMOUNT OF $600,000 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING A TRANSFER TO THE SPECIALLY FUNDED CAPITAL PROJECTS FUND FOR THE CONSTRUCTION OF FIRE STATION 38; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2005- 2006 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Special Assessments Fund in the amount of$600,000 from available funds for the purpose of funding a transfer to the Specially Funded Capital Projects Fund for the construction of Fire Station 38. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or °$ judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. _ SECTION 3. That this ordinance shall be cumulative of Ordinance No. 16582 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4_ This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY_ Assistant City Attorney ADOPTED AND EFFECTIVE: Ordinance No. AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF $600,000 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING A CONSTRUCTION CONTRACT WITH PRIME CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF FIRE STATION 38 AT THE INTERSECTION OF PARK VISTA BOULEVARD AND WESTPORT PARKWAY; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2005-2006 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Specialty Funded Capital Projects Fund in the amount of $600,000 from available funds for the purpose funding a construction contract with Prime Construction Company for the construction of Fire Station 38 at the intersection of Parte Vista Boulevard and Westport Parkway. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTIO":3. That this ordinance shall be cumulative of Ordinance No. 16582 and all other ordinances and appropriations amending the same except in those in ^ccs where µe pr.isions Cf this ordiina^ice are in dire conf;;�l with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SEC N V Lt/i i�Ji 4. This ordinance shall take effect upon adoption. r wnnrZn�i�n AS TO Fnp�s w►.�n Fng��rv- Ze . S 'VED V ANI D)L i is Assistant City Attorney ADOPTED AND EFFECTIVE: CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 FIRE STATION #38 Bid Opening Date: August 11, 2005 (NO CHANGE) - The Contract Documents and Specifications for the above referenced project are hereby revised and amended as follows: The Prebid Conference was held at 10:00 AM, July 19, 2005. The following attended: Architect: Javier Lucio RPGA Architects 817-332-9477 817-332-9487fax „ Brent Bordovsky RPGA Architects City of Fort Worth: Dalton Murayama Architectural Services Manager 817-392-8274 817-392-8488fax Nancy Richardson Architectural Services 817-392-8014 817-392-8488fax Jack Durham Sr. Construction Mgr 817-392-8072 817-392-6134fax Alan Bagamery Construction Mgr Mike Milam Construction Mgr Contractors: Jerry Moody Prime Const Co 817-572-5550 817-572-6354fax - James Aaron Alshall 214-390-1668 214-390-1266fax Karen Tate Modern Contr 817-624-5857 817-625-5967fax Mike Locklear Tegrity Contr 972-562-6060 972-562-6064fax Jeff Billman Odom Constr 972-289-4447 972-289-1811fax Janna Crumb Songer Constr 214-341-3930 214-341-3963fax Allen Smith Carcon Constr 214-352-8515 214-352-3963fax Kelly Black AUI Contr 817-926-4377 817-926-4387fax Ricky Allen E3 Constr 817-991-7919 Carvel Clark Hanes Constr 214-882-2399 John Meek Phillips/May 214-631-3331 214-630-5607fax Ken Buyers The Frymire Co 817-336-4514 817-870-9155fax SECTION 0- CONDITIONS OF THE CONTRACT INSTRUCTIONS TO BIDDERS 1A. SELECTION OF CONTRACTOR Add: 5. M/WBE participation (10%) Delete: 2. MINORITY/WOMENS BUSINESS ENTERPRISE(M/WBE)(BEST VALUE PROPOSAL) Forms included in Project Book for MWBE Goal Participation will not be required within 5 days from submittal of proposal- In lieu of these forms submit a letter including the following information in the bid proposal- Add: Within five (5)City business days from proposal submittal date, exclusive of the proposal submittal date, all proposers will be required to submit information concerning the M/WBE (s)that will participate in the contract. The MMBE goal on this project is 34%. The information shall include: (1)the name, address and telephone number of each M/WBE; (2)the description of the work to be performed by each M/WB the approximate dollar amount/percentage of the participation. FEY The M/WBE firm(s)must be located or doing business in the City's geographic market area that include the following nine(9)counties; Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. The M/WBE firm(s)must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency -(NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division prior to recommendation for award being made to the City Council. If you will not have any M/WBE participation during this contract,then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure M/WBE participation. Failure to submit the M/WBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated M/WBE goal, may Render the proposal non-responsive. The M/WBE plan will be part of the final weighted selection criteria. Delete: DAVIS BACON WAGE RATES-BUILDING Delete: DAVIS BACON WAGE RATES-HEAVY AND HIGHWAY Add: BUILDING &CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE AIR CONDITIONING MECHANIC $15.96 AIR CONDITIONING MECHANIC HELPER 8.81 PLASTERER 13.29 ACOUSTIC CEILING INSTALLER 13.82 PLASTERER HELPER 8.63 ACOUSTIC CEILING INSTALLER HELPER 9.79 PLUMBER 16.26 BRICKLAYER/STONE MASON 13.25 PLUMBER HELPER 9.39 BRICKLAYER/STONE MASON HELPER 9.86 REINFORCING STEEL SETTER 11.88 CARPENTER 13.00 REINFORCING STEEL HELPER 9.18 • CARPENTER HELPER 9.34 ROOFER 13.17 CONCRETE FINISHER 12.00 ROOFER HELPER 7.82 CONCRETE FINISHER HELPER 9.44 SHEET METAL WORKER 15.87 CONCRETE FORM BUILDER 11.59 SHEET METAL WORKER HELPER 9.29 = CONCRETE FORM BUILDER HELPER 8.87 SHEETROCK HANUER 12.70 DRYWALL TAPER 11.87 SHEETROCK HANGER HELPER 9.71 DRYWALL TAPER HELPER 8.25 SPRINKLER SYSTEM INSTALLER 16.93 ELECTRICIAN JOURNEYMAN 16.29 SPRINKLER SYSTEM INSTALLER HELPER 7.81 ELECTRICIAN HELPER 10.20 STEEL WORKER STRUCTURAL 14.66 ELECTRONIC TECHNICIAN 12.86 STEEL WORKER STRUCTURAL HELPER 7.91 ELECTRONIC TECHNICIAN HELPER 12.67 WELDER 14.87 FLOOR LAYER(CARPET) 13.58 WELDER HELPER 9.67 = FLOOR LAYER(RESILIENT) 14.48 FLOOR LAYER HELPER 8.56 HEAVY EQUIPMENT OPERATORS GLAZIER 13.66 GLAZIER HELPER 9.26 EQUIPMENT OPERATORS 14.66 INSULATOR 15.89 CONCRETE PUMP OPERATORS 13.30 INSULATOR HELPER 9.46 LABORER COMMON 7.82 CRANE,CLAMSHELL,BACKHOE, LABORER SKILLED 9.66 DERRICK, D'LINE SHO 13.03 LATHER 15.80 LATHER HELPER 11.75 FORKLIFT OPERATOR 10.34 METAL BUILDING ASSEMBLER 13.34 FOUNDATION DRILL OPERATOR 11.66 METAL BUILDING ASSEMBLER HELPER 7.85 FRONT END LOADER OPERATOR 11.60 PAINTER 11.93 TRUCK DRIVER 9.80 PAINTER HELPER 8.30 PIPEFITTER 14.33 PIPEFITTER HELPER 10.93 DRAWINGS C3.0 Paving Plan Alternate#3 to be construction of new road only. Concrete apron from new roadway to new drive to be included in base bid as indicated on sheet C3.0. C6.0 Utility Plan City to install water lines(domestic,fire, irrigation)from existing 16"water main to new meters(meters in base bid)at property line. City to pay impact and tap fees. Contractor to install water lines servicing building from property line to building. E-4.01 Lighting Fixture Schedule Type'X1'light fixture shall be Lithonia#DSAL1G20 -(change from#LRES1G120ELN) Type'X2'light fixture shall be Lithonia#DSAL2G20 -(change from#LRES2G120ELN) Type'XL' light fixture shall be Lithonia#LRES1G120ELN -(change from#DS1 G20) TECHNICAL SPECIFICATIONS Division 11 —Equipment 11140—Fuel Dispensing Equipment Entire section 11140 to be deleted and replaced with new specification section 11140 included in this addendum. Acknowledge the receipt of this addendum on your Proposal. ROBERT GOODE DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS By: Nancy Richardson,Architectural Services 817-392-8014, Fax 817-392-8488 RELEASE DATE: August 5, 2005 Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No.2: Addendum 1 Page 3 of 3 FUEL DISPENSING EQUIPMENT 11140- I of 6 City of Fort Worth- Fire Station#38 SECTION 11140 FUEL DISPENSING EQUIPMENT PART1 GENERAL 1.1 GENERAL A. Provide a 1000 gallon Aboveground Tank System, which carries listing and label under U.L. Standard 2085, INSULATED Secondary Containment Aboveground Tank for Flammable and Combustible Liquids, Protected Type with Vehicle Impact and Projectile Resistance. The Tank System will provide Emergency Venting for Secondary Containment by Form-of-Construction. Unit must comply with all provisions of U.F.C. 79-7, Appendix A-11-F. The Tank System and its enclosure shall be a completed unit at the factory (shop fabricated). The Tank System shall be approved for Phase I and Phase H Vapor Recovery by the California Air Resources Board for gasoline and methanol. Contact: Old Castle Precast at(713)934-7900 or(800)686-8625. 1.2 SUBMITTALS A. Submit for approval shop drawings,product data, test reports. B. Submit manufacturer's data of specifications indicating all options and accessories. C. Submit operations and maintenance manuals. 1.3 QUALITY ASSURANCE A.The Insulated Secondary Containment Aboveground Storage Tank Systems for Flammable and Combustible Liquids,Protected Type: Vehicle Impact Protected, and Projectile Resistant shall be tested to and listed for the following: 1.UL - 142, aboveground steel tanks for flammable and combustible liquids. 2.UL -2085, two-hour furnace fire test and two hour simulated pool fire test for insulated and protected tank. 3.UL -2085 and UFC Test Standard(Article 79 or APPENDIX#A-II-F-1)for both Vehicle Impact Protection and Projectile Resistance. 4. UL -2085,Protected aboveground tanks for flammable and combustible liquids. 5.UL -2085 Non-Metallic Secondary Containment protected tanks for flammable and combustible liquids with secondary containment Emergency Venting by "Form of Construction." 6. CAN/ULC (ORD- 142.18)Standard for shop fabricated steel aboveground horizontal tanks for flammable and combustible liquids. 7. CAN/ULC - (ORD - C 142.16) Standard for protected aboveground tank assemblies for flammable and combustible liquids. CAN/IJLC - (ORD - C 142.5) Standard for concrete encased — aboveground tank assemblies for flammable and combustible liquids. 8. CAN/ULC - (ORD - C 142.16) the furnace burn requirements for two-hour fire rating. 9. CAN/ULC - (ORD - C 142.25) the open(pool)fire testing for two-hour flammable liquid fire test 10. CAN/ULC—(ORD—142.23) Standard for aboveground tanks for used oil. 11.The requirement for uniform fire code for two-hour(firewall)test. Specifications. FUEL DISPENSING EQUIPMENT 11140-2 of 6 City of Fort Worth—Fire Station#38 12. To be tested and certified by the California Air Resources Board(GARB)for Balanced Phase 1 and Phase 2 Vapor Recovery including methanol and ethanol. 13. The primary steel tank shall be rectangular or cylindrical in shape and have continuous welds on all exterior seams,manufactured in accordance with UL listing requirements and UL Standard 142. 14. The primary steel tank shall be pressure tested at 5 prig for 24 hours. 15. The primary steel tanks shall have"emergency vent" system as per NFPA 30 Code requirements. 16. The protected and insulated AST systems shall have a thru-tank leak detector tube to allow for physical checkup and monitoring capability between the primary and the secondary containment. 17. The primary steel tank shall be pressurized at 5 psig during concrete encasement. 18. The outer surface of the primary steel tank shall be covered by a minimum of 1/4"Thick(6.4 mm) Styrofoam insulation panels or equally acceptable thermal insulation. 19. The secondary containment shall consist of a 30 Mil thick(0.76 mm)High-Density Polyethylene membrane enclosing the steel tank and insulation material. 20. The primary steel tank and the secondary containment shall be encased in six inches of monolithic reinforced concrete, with minimum design strength of 4,000 and 5,000 phi at 28 days depending on the tank size.The concrete design shall include the following for long-term durability: air entrainment,water reducing admixture,and steel reinforcement.Concrete encasements with seams will not be approved. 21. The protected and insulated AST systems shall be of concrete exterior and a continuous and visually verifiable monolithic (seamless)pour on top,bottom,ends,and sides and contain no cold joints or heat sinks (heat transfer points).The AST must be shop fabricated and tested in accordance with the UL listings. Designs that use two layers of steel with insulation material between them will not be approved. 22. No steel or insulating material shall come in contact with the concrete or other corrosive material. 23. All openings shall be from the top only. 24. All exposed metal must be powder coated to inhibit corrosion. 25. The protected and insulated AST systems shall include a minimum 5-15 gallon powder coated UL listed spill containment,and shall include normally closed valve to release spilled product into the primary steel tank. Spill containment which route the spilled product into interstitial area will not be approved. 26. The protected and insulated AST systems shall have a coated concrete exterior to resist weather and reflect sunlight.Models with steel exteriors will not be approved. 27. The protected and insulated AST systems shall have a warranty of 30 years. 28. The protected and insulated AST systems design shall have been in use for a minimum of thirteen (13)years.The manufacturer must stipulate no AST containment system failure in 24,000 units produced. 29. The protected and insulated AST systems shall have two(2)lugs for connecting grounding conductors for lightening protection in accordance with NFPA 780. FUEL DISPENSING EQUIPMENT 11140- 3 of 6 City of Fort Worth-Fire Station#38 PART PRODUCTS 2.1 MATERIALS A. AST: as manufactured by Old Castle Precast or equal as approved by Owner, shall be a 1000 gallon diesel vault(30 year warranty) with internal overfill containment and diesel package. 1• Primary Tank:The primary tank shall be rectangular in shape,constructed with a minimum of 10- gauge thick carbon steel,listed per U.L. Standard 142,and meet the requirements of N.F.P.A. 30. Welds shall be continuous on all sides,conforming with the American Welding Society Standard for continuous weld.The tank shall be warranted for a minimum of 20 years by the manufacturer. 2. Concrete Encasement: The concrete encasement shall be 6"thick with minimum design strength of 4000 psi.Concrete enclosure shall encase and protect both the primary steel tank and the secondary containment.The concrete design shall include the following for long-term durability: less than 3% air entrainment,water-reducing admixture,and steel reinforcing bars.Concrete encasement shall be monolithic(without seams)and placement methods shall ensure the absence of voids on all sides and beneath the steel tank. An exterior steel jacket covering the concrete vault will NOT be permitted. The primary steel tank shall be pre-stressed at the factory by pressurizing to 3 psi during concrete encasement to allow for expansion and contraction. Vault enclosure shall have concrete support legs of unitized monolithic construction raising the concrete enclosure a minimum of3" above the ground to meet visual inspection requirements.A mid-level seam or other joint construction that could compromise the liquid tightness(secondary containment)or fire protection capability of the vault is not permitted. 3. Fire Resistance:The Tank System shall be designed and tested to provide 2-hour fire protection for the primary tank as per U.L.2085 2-hour furnace fire test and 2 hour simulated pool fire test.No steel members shall penetrate the walls or floor of the concrete encasement to assure isolation from pool fire heat. 4. Bullet Resistance:The primary tank must withstand the U.L./U.L.C.test for ballistics: impact of 5 bullets,(I50 grain,M2 balls of ammunition)fired at a muzzle velocity of 2700 feet/second from 100 yards;the primary tank is then pressure tested at 5 psi air pressure to check for leakage. Vehicle 5. Impact Resistance: Unit must withstand U.L./U.L.C.test for impact resistance:unit must be subjected to the impact of an 11,800 pound mass moving at a velocity of 14.7 feet/second;following the impact,the primary tank is then pressure tested to check for leakage. 6. Thermal and Corrosion Protection:The Tank System construction shall include thermal insulation equivalent to .25 inches of polystyrene to protect against temperature extremes,and to protect against corrosion by isolating the steel tank from the concrete or other corrosive material.All steel exterior to the concrete encasement shall be antioxidant powder coated to inhibit corrosion and meet A.S.T.M. B 117. 7. Secondary Containment with Leak Monitoring: Unit construction must provide Emergency Venting for Secondary Containment by Form-of-Construction according to U.L. Standard 2085 which meets testing criteria.The Tank System shall include an impervious barrier of 30-mil high- density polyethylene to contain leaks from the primary tank. 8. Spill/Overfill Containment:The Tank System shall include a U.L. listed 7-gallon spill/overfill container manufactured as an integral part of the primary tank,surrounding the fill pipe,and protected by the 2-hour fire rating of the enclosure.The spill/overfill container shall include a stick port and normally closed valve to release spilled product into the main tank.Exterior steel shall be antioxidant powder coated to inhibit rust. FUEL DISPENSING EQUIPMENT 11140-4 of 6 City of Fort Worth- Fire Station#38 9. Overfill Protection: Overfill protection shall be provided by one or more of the following methods: a)direct reading level gauge (OPW 200PG) visible from fill pipe access; b)valve rated for pressurized delivery located within fill pipe to close automatically at 95% full level;c)audible/visual high level alarm. y 10.Exterior Finish: The tank system shall be: " STO"FINISH (Sahara Sand) (Tan) utilizing two (2) coats `StoSilco"coating. 11.Signage:Tanks shall be marked on all sides as per state and local codes. Signs will be recessed in _ concrete exterior to insure against damage during off-loading,refilling or general functions. 12.Venting:Tank system shall include a 2"atmospheric vent and emergency venting in accordance with N.F.P.A. 30. 13.Anti-Spill Valves:Where product piping extends below the top of the tank,the piping shall include a shutoff valve and normally closed safety valve.The safety valve shall be an approved anti-siphon valve or electric solenoid valve. B.Diesel Dispensing Unit I. GasBoy brand pump/dispenser Model 9123 (commercial heavy-duty series)must be utilized. If any brand other than GasBoy is selected then the pumps/dispensers shall be equivalent to the GasBoy Model 9123 or exceed. In summary, all pumps/dispensers shall be commercial heavy-duty series at a minimum. Provide single-hose, single-product,diesel dispensers with 30 gpm(minimum) suction pump. Additionally, provide the following: (a)Mechanical display of gallons dispensed _ (b)Internal filters with replaceable cartridges (c)Painted steel sides,doors,trim and top (d)Nozzles with automatic shutoff (e)Delivery hose: UL listed 20 feet x 1-inch hose. (t)Hose-end swivels (g)Hose breakaway valves and connecting hoses (h)Hose retrievers (i)All necessary items for fuel management system interface 2. The dispenser and its components shall be Underwriters Laboratories listed for the purpose intended and shall comply with the requirements of NFPA 30A (4-2.5,4-2.7),UFC (5201 & 5202) and BOCA (F-3201.1 and 3207). 3.Unless the suction pump is located directly in a tank opening,provide a listed,vacuum-actuated shut off valve with a shear section.The valve shall be installed in strict accordance with the manufacturer's instructions. (a)The valve shall be installed directly under dispenser with the shear section at the same level as the top of the island in which the suction pump is located in accordance with NFPA 30A (2-4.6.5),UFC(5202.5.3.2),BOCA(F-3205.9). - (b)Provide an electrically operated pressure-regulating valve at the tank supply outlet,which will operate simultaneously with the suction pump motor.The valve should not require backpressure to operate. (c)Provide the necessary mounting parts and piping in accordance with NFPA 30A(2-4.6.6), UFC(5201 and 5202). (d)Dispenser shall be drop mounted to provide easy access by an average person. 11140- 5of6 FUEL DISPENSING EQUIPMENT City of Fort Worth- Fire Station#38 C.Emergency Shut-off Switch 1. Provide electrical disconnection of all conductors to the pump in accordance with NFPA Codes 30, 30A, and 70. 2. Locate the emergency shut-off in an accessible area, at least 20 feet but not more than 100 feet from the dispenser. Confirm the final location with the City of Fort Worth prior to installation. 3. Provide a palm type switch button that will shut off electrical power to the pump. 4. The emergency shut-off shall be clearly identified with signage. 5. Emergency shut-off shall have a manual reset. D. Tank Monitoring Equipment and Fuel Management System 1. Provide one(1)OPW="GALAXY"electronic tank gauging and monitoring system for each location with at least the following features: a. Tank probe(s)for liquid level sensing b. Control console with display and printer C. Means of water detection d. External communications capabilities via Network connection (provide instantaneous tank content readings for both diesel and water). e. Tank liquid level and water measurement y` f. Interstitial space monitoring designed for use on the ConVault. The OPW GALAXY and Reconciliation Tank Monitoring System to include; RIM (ReconModule), Precision Reconciliation Firmware, Dual Output Pulser's, External Alarm with Light, Buzzer and Silence Switch, Outdoor Rated, 10 Base-T Network Interface Adapter and Galaxy Printer. The monitoring system shall be installed with a network interface capability(shall be able to communicate via network lines not normal landlines through a modern). The system shall be capable of providing instantaneous tank contents readings for both diesel and water. The system shall be equipped with an interstitial monitor designed for use on the ConVault tank. Startup and training shall be provided by a Certified OPW technician. Contact Mr. Randy Rendon — City of Fort Worth at 817 / 392-5112 for further information if necessary. 2. Provide one (1) OPW = "K-800-H-FIT-2 PROX-KEY TECHNOLOGY SYSTEM" Electronic FUEL MANAGEMENT CONTROL SYSTEM WITH SYSTEM II SITE CONTROLLER for each location with at least the following features: The OPW K-800-:H-FIT-2 PROX-KEY TECHNOLOGY SYSTEM, Electronic Fuel Management Control System to include; Outdoor Rated,City of Fort Worth modified Phoenix software and ability to integrate with GALAXY Fuel Tank Monitoring System through Network Interface. The Fuel Management control system shall also be installed with a network interface capability and (shall be able to communicate via network lines not normal landlines through a modem). The system shall be capable of providing instantaneous tank monitoring and dispensed transactions for both diesel, unleaded or alternate fuel use. The system shall be equipped with the ability to populate HOST - Server/Computer with fuel tank and dispensed transaction. Startup and training shall be provided by a Certified OPW technician. Contact Mr. Randy Rendon — City of Fort Worth at 817 / 392-5112 for further information if necessary. E.Electrical Conduit 1.During the installation of the electrical conduit to the tank system an additional empty conduit shall be installed and capped at each end.The ends shall be capped at approximately 12 inches above. FUEL DISPENSING EQUIPMENT 1140- 6 of 6 - City of Fort Worth- Fire Station#38 F.Bollards 1. Bollards shall be installed to protect each tank as follows: (a) Bollards shall be of 6" nominal diameter and constructed of steel with solid concrete fill. (b) Each tank shall be equipped with at least the minimum number of bollards required under the Uniform Fire Code. GENERAL 3.1 A. Manufacturer will have a minimum of 5 years experience in producing specified tank for commercial use and document at least 10 installations in satisfactory operation. 3.2 INSTALLATION A. The tank system including accessories shall be installed in strict accordance with the manufacturer's recommendations and applicable fire and environmental codes. All state and local permits shall be obtained by contractor prior to installation. B. Tanks shall be installed on a reinforced concrete base slab designed to support the fully loaded tank. Protective bollards shall be installed where required by state and local codes. t_ C.Tanks shall be marked on all sides with warning signs: "FLAMMABLE" or "COMBUSTIBLE", "NO SMOKING",product identification, and other signs as required by applicable codes. = D. Electrical work shall be in accordance with applicable codes and shall be rated for hazardous area as required. Electric feed for dispensing pumps,fuel management and monitoring system shall include an emergency shutoff switch located per code requirements, lighting arrestor tying into main electrical panel feeding fuel electronics. Single Panel: Delta Lighting Arrestor, (Part #LA302R) and 3-Phase Panel: Delta Lighting Arrestor(Part#LA603). Tanks shall be electrically grounded in accordance with N.F.P.A.78. E. Any proposed equal alternatives to this specification must be submitted for review and approval prior to bid opening. All expenses incurred for such review to be paid for by bidder. F. Tank Registration 1.The City of Fort Worth will register each tank and serial number with Steel Tank Institute in accordance with instructions provided by the manufacturer with the tank. Contractor is NOT authorized to sign any paper documentation on behalf of the City of Fort Worth. G. Test for proper operation. Clean and protect work from damage. Tank shall be furnished complete with appropriate safety accessories, and product identification signs, dispensing equipment to work with GasBoy, Model 9123 (commercial heavy-duty series) if applicable, see page 4-Bl, or if contractor can purchase GasBoy, Model 9123 (commercial heavy-duty series) dispensing equipment through other distributor at cost savings to the City of Fort Worth. It is intended that the successful bidder shall furnish a complete system to the City of Fort Worth. Awarded Contractor will provide a prepared concrete foundation, and be responsible for the installation of the electrical connection to the dispensers. Detailed specifications are available from Randy Rendon. Phone 817-392-5112. END OF SECTION NOTICE TO CONTRACTORS Best Value Proposals for the construction of Fire Station 38, Park Vista Boulevard, Fort Worth,will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M.,Thursday,August 11,2005,and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. After evaluating the Proposals submitted,the City shall select the Proposer that offers the best value to the City and enter into negotiations with that Proposer.The City may discuss with the selected Proposer options for a scope or time modification and any price change associated with such modification. A Pre-Bid Conference will be held on Tuesday at 10:OOAM, July 19,2005 at the Police and Fire Training Center, 1000 Calvert(off Henderson just north of the Trinity River Bridge). The Project consists of construction of a 2 Company, 3 bay fire station. The building is suspended slab on drilled piers with masonry veneer on metal stud with standing seam roof. The completed building will be approximately 10,281 square feet. Site work will include extensive grading,concrete paving, underground utilities,fencing, landscape and irrigation. Accessories include fuel pod, and a standby generator. Estimated construction cost is$1,500,000. MWBE participation will be evaluated in awarding this Contract. Contact the MWBE office(871-6104)to obtain lists of certified subcontractors and suppliers. The MWBE participation requirement for this Project is 34%. Proposer must submit Utilization Plan within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration. Contact the MWBE Office at 817-392-6104 to obtain lists of certified subcontractors and suppliers. Proposer must submit information outlining the efforts taken to involve minority and women's business subcontractors and suppliers, and the list of participation parties with contact information. The list must detail areas of participation and estimated values of the purchase orders and subcontractors for each participant. The City's Project Manager must receive this information within 5 business days of submitting their Best Value Proposal. Failure to submit documentation will remove the Proposal from futher consideration. Proposers must submit a bid bond with their proposal. The Proposer to whom an award of contract is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. General Contractors and Suppliers may copies of the Project Manual and Plans through their printer. Bid documents are not available at the City. The bidding documents may also be viewed and printed on-line by logging on to http://proiectpoint.buzzsaw/client/fortworth-gov with the user name"Cowtown", password "Cowtown2004". Contact the Project Manager, Nancy Richardson, at 817-392-8014 for assistance. For additional information contact RPGA Architect, Brent Bordovsky at 817-332-9477 x 211. Advertisement: June 30, 2005 July 7, 2005 TABLE OF CONTENTS 00000- i City of Fort Worth—Fire Station#38 FIRE STATION #38 DESIGN TEAM MEMBERS CITY OF FORT WORTH FORT WORTH FIRE, DEPARTMENT Richard Neuhaus—Administrative Services Manager DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS Dalton Murayama—Architectural Services Manager Nancy Richardson—Architect, Project Manager ARCHITECTURAL AND ENGINEERING CONSULTANT TEAM ARCHITECT RPGA Design Group, Inc. 101 S. Jennings Avenue, Suite 100 - Fort Worth, Texas 76104 (817) 332-9477 Javier Lucio Brent Bordovsky CIVIL ENGINEER Charles Gojer and Associates 11615 Forest Central Drive#303 Dallas, Texas 75243 (214) 340-1199 Doug Conlon STRUCTURAL ENGINEER R. L. Woods &Associates 101 E. Randol Mill, Suite 201 Arlington,Texas 76011 �� `: (817) 277-6686 '' Renat6 L. Woods ' ' L7 r•r - ':J ` -.. R P G A ' D E 8 1 G N G R 0 U P. I N C. TABLE OF CONTENTS 00000- ii City of Fort Worth—Fire Station#38 MECHANICAVELECTRICAL/PLUMBING ENGINEER Wells Doak Engineers 2800 S. Hulen Street, Suite 212 Fort Worth, Texas 76109 (817) 920-9545 — Duran Doak IRRIGATION/LANDSCAPE LTS Design Group Mallick Tower One Summit Avenue, Suite 904 Fort Worth,Texas 76102 (817)332-7913 Will Leonard R P G A D E S I G N G R 0 U P. I N C. TABLE OF CONTENTS 00000-iii City of Fort Worth—Fire Station#38 CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Section Subject Page NOTICE TO CONTRACTORS 1 DESIGN TEAM MEMBERS 2 - TABLE OF CONTENTS 4 DIVISION 0 - CONDITIONS OF THE CONTRACT #of Pages INSTRUCTIONS TO BIDDERS 4 SPECIAL INSTRUCTIONS FOR BIDDERS (MWBE Specifications) 12 PROPOSAL 3 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 27 WEATHER TABLE 1 PROJECT DESIGNATION SIGN 1 TEXAS CERTIFICATE OF EXEMPTION(SAMPLE) 1 DAVIS BACON WAGE RATES—BUILDING 3 DAVIS BACON WAGE RATES—HEAVY AND HIGHWAY 3 CONTRACT 4 PAYMENT BOND 2 PERFORMANCE BOND 2 CERTIFICATE OF INSURANCE 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 1 - 00180—Geotechnical Evaluation 37 DIVISION 1 - GENERAL REQUIREMENTS #of Pages 01010—Summary of Work 6 01030—Alternates 2 01340—Shop Drawings, Product Data and Samples 7 DIVISION 2 - SITE WORK # of Pages 02100—Site Preparation 4 02205 —Subgrade Preparation 2 02210—Earthwork 4 02226—Excavation and Backfill for Conduits 6 T 02241 —Lime Treated Subgrade 4 R P G A O E S 1 G N G R 0 U P. I N C. TABLE OF CONTENTS 00000-iv City of Fort Worth—Fire Station#38 02270—Erosion Control 4 = 02282 -Tennite Control 2 02467—Cast-In-Place Concrete Piers 4 02483 —Landscaping 16 02514—Portland Cement Concrete Paving 11 02522—Sidewalks and Driveway Approaches 6 = 02528—Concrete Curbs and Gutters 3 02577—Pavement Markings 2 02580—Pavement Accessories 3 02600—Water Conduit Installation 10 02720—Storni Sewer Line Installation 9 02723 —Precast Concrete Units 3 02730—Sanitary Sewer Line Installation 12 02810—Landscape Irrigation System 41 02833 - Ornamental Picket Fiberfence 5 02835 -Gate Operators 2 DIVISION 3 -CONCRETE # of Pages = 03100- Concrete Formwork 7 03200-Concrete Reinforcement 3 = 03300 - Cast-in-Place Concrete 10 03355—Concrete Floor Finislung and Curing 4 DIVISION 4 -MASONRY #of Pages 04060—Masonry Mortar and Grout 4 04200 -Unit Masonry 10 04810—Reinforced Unit Masonry 8 DIVISION 5 -METALS # of Pages 05120—Structural Steel 9 05210—Steel Joists 4 05310—Steel Floor and Roof Deck 3 05400—Cold-Formed Metal Framing 5 05425 —Pre-Engineered, Pre-Fabricated Light Gauge Steel Roof Trusses 5 05500—Miscellaneous Fabrications 6 05810—Expansion Joint Cover Assemblies 3 DIVISION 6 -WOOD &PLASTIC #of Pages 06100 -Rough Carpentry 6 06200 -Finish Carpentry 4 06400—Architectural Millwork 5 DIVISION 7 -THERMAL PROTECTION #of Pages R P G A D E S 1 G N G R 0 U P. I N C TABLE OF CONTENTS 00000-v City of Fort Worth—Fire Station#38 07160-Bituminous Dampproofing 2 - 07190 -Vapor Barrier Membranes 4 07200 -Building Insulation 3 07460 - Siding 3 07600 - Flashing and Sheet Metal 4 07610—Metal Roofing 5 07720—Roof Accessories 2 07900 -Joint Sealants 6 DIVISION 8 - DOORS &WINDOWS #of Pages 08110-Hollow Metal Doors and Frames 3 08211 -Flush Wood Doors 2 08300 -Access Doors 2 08360 - Sectional Overhead Doors 3 08400- Storefront Doors and Aluminum Glazing Systems 3 08520- Aluminum Windows 5 08710 - Finish Hardware 6 08800 - Glass and Glazing 3 DIVISION 9 - FINISHES #of Pages 09110—Metal Support System 2 09250—Gypsum Wallboard 5 09300—Tile 5 09400—Terrazzo 3 09512 - Acoustical Tile Ceilings 2 09650 -Resilient Flooring 3 09900-Painting 6 DIVISION 10 - SPECIALTIES #of Pages 10100 - Markerboards 1 10260—Wall and Corner Guards 1 10350—Flagpole 2 10440 - Signage 3 10500—Metal Lockers 3 10522—Fire Extinguishers, Cabinets and Accessories 2 10550—Postal Specialties 2 10800-Bathroom Accessories 3 DIVISION 11 -EQUIPMENT #of Pages 11140—Fuel Dispensing Equipment 6 11450 - Appliances 3 L R P G A �U ""� D E S 1 G N G R 0 U P. I N C. 9 TABLE OF CONTENTS 00000-vi City of Fort Worth—Fire Station#38 DIVISION 12 - FURNISHINGS #of Pages 12400—Furniture 2 12500- Window Treatment 2 i DIVISION 15 -MECHANICAL #of Pages 15010—Mechanical—General Provisions 9 15011 —Prefabricated Conventional Roof Curbs and Supports 2 15140—Pumps 2 15180—Insulation 5 15400—Plumbing Fixtures 6 15401 —Piping and Accessories 11 15500—Fire Protection 4 15652—DX Condensing Unit(Alternate Bid) 2 15800—Heat Transfer(Electric) 2 15802—Heat Transfer(Gas Fired) 2 15820—Ductwork and Devices 5 Y 15850—Air Handling Equipment(Alternate Bid) 4 15851 —Fans 3 15853 —Packaged Water Source Heat Pumps (Base Bid) 5 — 15900—Controls and Instrumentation 19 EMS-IO—Energy Management System—Input and Output Points and Strategies 3 15906—Pipe Identification 2 15908—Testing and Balancing of HVAC Systems 9 15909—Testing and Balancing of Piping Systems 4 DIVISION 16 - ELECTRICAL #of Pages 16010—Electrical-General Provisions 8 16110—Conduit 3 16120—Wire and Cable 2 16140—Devices and Plates 2 16210—Standby Power System 3 16400—Switchgear 5 16500—Lighting 2 16721 —Fire Alarm/Life Safety Systems 10 END OF TABLE OF CONTENTS R P G A ' 0 E 8 1 G N G R 0 U P, I N C. INSTRUCTIONS TO BIDDERS 1. PROPOSAL REQUIREMENTS:The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: • 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. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership,then the person/entity who is the managing/general partner must sign the proposal. • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted. In order for a surety to be acceptable to the City, the surety must(1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 1A. SELECTION OF CONTRACTOR: The City shall select the Proposer that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror,the City will consider: 1. The proposed price(60%) 2. The proposed project schedule(10%) 3. The reputation/experience of the Offeror as demonstrated by past project work and the report of references (10%) 4. The Offerer's past relationship with the City. (10%) **NOTE**: If the Offeror has no previous work experience with the city, then the reputation evaluation criterion will represent 20% of the overall score After ranking the responses to the RFP, the City shall first attempt to negotiate a contract with the selected Proposer. The City and its architect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Proposer, the City shall,formally and in writing, end negotiations with that Proposer and proceed to the next Proposer in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITYMOMENS BUSINESS ENTERPRISE(M/WBE)(BEST VALUE PROPOSAL) The Proposer has five City business days following the bid date to prepare and submit its M/WBE Utilization Plan. Early submittal is encouraged. All purchases from all tiers of certified M/WBE subcontractors and suppliers, may be included in M/WBE contribution toward meeting the goal. The Offeror shall submit the M/WBE UTILIZATION FORM no later than 5:00 P.M. five (5) City r business days after the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. Failure to document a Minority and Womens Business Enterprise program that meets or exceeds the project goals will render the Proposal non-responsive. Should negotiations add or delete work included in the Approved Project Plan, revised M/WBE documentation will be required if the increased or reduced scope of work increases or decreases the M/WBE participation. Successful Offeror will be required to submit co-signed letters of intent or executed agreements with all M/WBE subcontractors and suppliers prior to receiving a Notice to Proceed. -- 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 [See paragraph 1 above]. The Bid Security must accompany the bid and is subject to forfeit in 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 90 calendar days of receipt of bids, unless the Bidder agrees to an extension.The surety must be licensed to do business in the state of Texas. 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 Texas Government Code Section 2253,as amended. In order for a surety to be acceptable to the City, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a ¢ surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that 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 satisfactory to the City If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump -- sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the City. If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall also be provided, in the amount of the contract,conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. PRE-BID SITE INVESTIGATION: Prior to filing a response, the bidder shall examine the site(s)of the work and the details of the requirements set out in these specifications to satisfy itself 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 response by the bidder shall be considered evidence that it 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, 319 West Tenth Street, 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: • Information concerning solicitation and participation of MWBE subcontractors and suppliers • Contractors Qualification Statement(AIA Form A305) • Proposed Subcontractors and Suppliers • Project Schedule • 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 it be in doubt as to their meaning, it 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 response to this request for sealed bids. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits _ required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the base bid. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. Unless indicated otherwise on the plans,the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of bidding documents may be obtained directly from printers or downloaded and printed by the Bidder. 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. 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. Also refer to specification section 01630 Product Options and Substitutions. 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. PROPOSAL T0: CHARLES BOSWELL CITY MANAGER CITY OF FORT WORTH,TEXAS FOR: FIRE STATION 38 Park Vista Boulevard Project No. TPW 2002-18 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 acceptable Performance and/or ,Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS Base Bid Alternates: 1. Conventional Split System in lieu of �'—�7 �B, D®O ' _. Ground Source Heat Pump HVAC System 092. Add Energy Management Systems (Div 15900) 3. Add Road Extension 17'7 D48 Westport Parkway—Existing to New Drive 4. Add Road Extension d Od f Da y Westport Parkway z New Drive to East Property Line Unit Prices Piers: (Assume length 14' plus 4'fill plus 3' penetration) O� Add per linear foot of 18" Diameter Pier in excess of 21' � Deduct per linear foot of 18" Diameter Pier under 21' Add per linear foot of Steel Casing 'yo�•ba The undersigned agrees to complete the Work within e2 7 0 calendar days after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Bidders. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that — Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet — specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. �_� Non-resident vendors in (give state), our principal place of — business, are required to be percent lower than resident bidders by state law. Non-resident vendors in (give state), are not required to un erbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. — Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of &A Dollars ($,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 bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000) • I am aware that 1 must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, PRIME 6tisnyc -10o L610V,00AAA .- Company Name By: !;;A� Signat6re Printed Nae of Principal Title g Address: ��©l Yltf..GACI Sw TJ7r /01 Street i yet M&7bA1 'Tk •7ke�/ City Zip Phone: 817-S72-SS'�D .., Fax: 5-7Z 3Sy Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No. 2: City of Fort Worth General Construction Conditions FORT WORTH City of Fort Worth ' Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the MIWBE goal is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT r It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises(M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBEIWBE goal on this project is 34 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated MMBE goal,or " 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form,if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: I opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if participation is less than opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if no MIWBE participation: o enin date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date,exclusive of the bid opening date. _z S. Joint Venture Foran,if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. o enin date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions,please contact the MIWBE Office at(817)392-6104. Rev.5130103 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com I ATTACHMENT IA Page 1 of 1 City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: PRIME CONSTRUCTION COMPANY MMIDBE Ix NON-MMIDBE BID DATE CONSTRUCT FIRE STATION#38 AUGUST 11,2005 City's MNVBE Project(coal: Prime's MIWBE Project Utilization: PROJECT NUMBER 34 % 36 % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five(5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Y- Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with Minority/Women Business Enterprise(M/WBE). —' If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the Fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com ATTACHMENT IA FORT WORTH Page 2 of 2 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-MNVBEs. Please list M1WBE firms first,use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n Company Name I N T Detail Detail Address M wC X M Subcontracting Work Supplies Purchased Dollar Amount r B B T C B Telephone/Fax R O B E E c T E A THOMPSON EXCAVATION P.O. BOX 821419 FORT WORTH,TX 76182 1 X EXCAVATION X $70,000.00 817-428-2087(P) 817-428-6786(F) ORTIZ LANDSCAPE& CONSTRUCTION,INC. 1510 JELMAK AVENUE LANDSCAPE GRAND PRAIRIE,TX 75050 1 X & X $62,000.00 972-953-0882(P) IRRIGATION 972-870-0010(F) FIRE LINE SERVICES,INC. P.O. BOX 40786 FORT WORTH,TX 76140 1 X UTILITIES X $70,000.00 817-551-2870(P) 817-551-2878(F) -' CUSTOM FENCE COMPANY 401 N RUDD BURLESON,TX 1 X FENCE X $44,000.00 F_ 817-295-8811 (P) 817-295-3761 (F) MUNIR CONSTRUCTION, INC. 2110 WEST SUBLETT ROAD ARLINGTON,TX 76017 1 X CONCRETE X $273,000.00 817-480-1063(P) 817-467-7563(F) J P MASONRY 8613 MARIANNA ALVARADO,TX 76009 1 X MASONRY X $145,000.00 817-790-0033(P) 817-79040008(F) Rev.5/30/03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com 1 ATTACHMENT IA FORT NORTH Page 3 of 3 w Primes are required to identify ALL subcontractors/suppliers, regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list MIWBE firms first,use additional sheets if necessary. Certification t (check one) k SUBCONTRACTOR/SUPPLIER T N T r Detail Detail Company Name i C X 1 Subcontracting Work Supplies Purchased Dollar Amount Address 0M W T D I Telephone/Fax r B B R o f E E C T t A H&H STEEL FABRICATORS STRUCTURAL STEEL, P.O.BOX 95 TRUSSES,ROOF SPRINGTOWN,TX 76082 1 X DECK&MISC METALS X $85,000.00 817-677-5490(P) 817-677-5504(F) LUTZ WOODWORKS 700 PARKER ROAD LOOP WYLIE,TX 75098 1 X CASEWORK&TRIM X 972429-5521 (P) $35,000.00 972-142-1612(F) TEXAS ARCHITECTURAL ROOFING P.O. BOX 14095 1 X METAL ROOFING X FORT WORTH,TX 76117 $73'190'00 214-837-6415(P) 214-343-7936(F) .r ADVANCED CLASS SYSTEMS 2842 HANDLEY EDERVILLE RICHLAND HILLS,TX 76118 GLASS&GLAZING 817-589-7702(P) 1 X X $21,000.00 817-595-1386(F) UBS,INC. ELLIOTT READER ROAD DOORS,FRAMES& FORT WORTH,TX 76117 1 X X HARDWARE $23,300.00 817-834-5004(P) 817-834-4794(F) ARTEX OVERHEAD DOOR CO. P.O.BOX 182783 ARLINGTON,TX 76096 1 X OVERHEAD DOORS X $29,000.00 817-467-4550(P) 927-641-3080(F) Rev.5/30/03 PDF created with FinePrint pdfFactory Pro trial Version http://www.pdffactory.com •• 1 ATTACHMENT IA FORT WORTH Page 2 of 2 �4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-MNVBEs. Please list MNVBE firms first,use additional sheets if necessary. Certification N (check one) o SUBCONTRACTORISUPPLIER T Company Name t N T Detail Detail Address I M WC x M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D E E R O B B C T E A WADLEIGH TILE 7421A DOGWOOD PARK FORT WORTH,TX 76118 �. 817-589-9885(P) 1 X CERAMIC TILE X $20,000.00 817-589-1492(F) BILL JETTER INC. P.O. BOX 829 DESOTO,TX 75123 VCT&RUBBER 972-223-3741 (P) 1 X X FLOORING X $7,700.00 972-228-1254(F) AMERICAN TERRAZZO CO. f 309 GOLD STREET GARLAND,TX 75042 1 TERRAZZO FLOORING 972-272-8084(P) X X $23,000.00 972-276-4736(F) COMMERCIAL PAINTING& DECORATING 137 SOUDERX FINISHES X $30,000.00 HURST,TX 76053 1 817-285-7554(P) 817-285-7482(F) ROCKY DURON 9100 JOHN CARPENTER FWY DALLAS,TX 75247 214-358-3455(P) 1 X X METAL LOCKERS X $34,000.00 214-358-5713(F) THE HILL COMPANY 1920 E.LANCASTER FORT WORTH,TX 76103 1 FUEL SYSTEM X 817-429-1171 (P) X $35,000.00 817-534-4819(F) Rev.5/30/03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com t ATTACHMENT 1A Page 3 of 3 Primes are required to identify ALL subcontractors/suppliers, regardless of status:i.e.,Minority,Women and non-MNVBEs. Please list MNVBE firms first,use additional sheets if necessary. Certification (check one) SUBCONTRACTORISUPPLIER T r Company Name i N T Detail Detail Addresse M W C X It Subcontracting Work Supplies Purchased Dollar Amount r g E3 T D 1 Telephone/Fax R O E E E C T E A AIR CLEANING TECHNOLOGIES,INC. 1300 WEST DETROIT VEHICLE EXHAUST BROKEN ARROW,OK 74012 1 X REMOVAL SYSTEM X $44'S�'� 918-251-8000(P) 918-251-4977(F) DFW AUTOMATIC SPRINKLER 4111 E. HWY 80 FIRE SPRINKLER MESQUITE,TX 75150 1 X SYSTEM X $17,000.00 972-222-7216(P) 972-222-9852(F) LCD MECHANICAL,INC. 1822 BARNETT WEATHERFORD,TX 76087 1 X HVAC&PLUMBING X $282,000.00 817-341-0018(P) 817-341-0032(F) R K BASS ELECTRICAL 512-B PRAIRIE ELECTRICAL, ARLINGTON,TX 76011 GENERATOR&FIRE 817-695-4171 (P) 1 X ALARM X $180,000.00 817-052-9783(F) Rev.5/30/03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com ATTACHMENT IA t�, FORT "ORTH Page 4 of 4 Total Dollar Amount of MNVBE Subcontractors/Suppliers $ 737,700.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 865,990.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORSISUPPLIERS $ 1,603,690.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach o contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed Y M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the MMI/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. JERRY F.MOODY Authorbsci 019nature Printed Signature PRESIDENT Title Contact NamerMle(If different) PRIME CONSTRUCTION COMPANY 817572-5550(P) / 817-572-6,1354(F) Company Name Telephone andlor Fax 8101 VALCASI DRIVE,SUITE 101 jmoody@primeconstructionco.com Address E-msll Address ARLINGTON,TEXAS 76001 AUGUST 18,2005 CIt03""ZIP Deft Rev.5/30/03 PDF created with FinePrint pdfFactory Pro trial versions http://www.pdffactory.com 06/27/2005 City of Fort Worth, Texas Transportation Public Works Department Facilities Management Div/s/on/Archltectural Services Section GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 DEFINITIONS A-1.1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties,including but not necessarily limited to,the Contract,Notice to Bidders,Proposal,General Conditions,Special Conditions,Specifications,Plans,Bonds and all Addenda,Amendments signed by all parties,Change Orders, written Interpretations and any written Field Order for a minor change in the Work. The Contract Documents are complimentary, and what is required by one shall be as binding as if required by all;performance by the Contractor shall be consistent with the _ Contract Documents and reasonably inferable from them as being necessary to produce the required results. A-1.2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties,and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed,the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner,or Work Order,or Change Order,or by a written Field Order for a minor change. A-1.3 WORK. By the term Work is meant the construction and services required by the Contract Documents, whether completed or partially completed,and includes all labor,supervision,materials,equipment,plant,and services necessary to be used or incorporated by the Contractor to fulfill the Contractor's obligation in order to produce the construction required by Contract Documents. Owner: City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager, the Director of Transportation and Public Works Department and members of the Facilities Management Division. Architect The Architect of Record who prepared the design and signed the construction documents Project Manager(PM): The City's designated agent for administration of the project Building Construction Manager(BCM): The City's designated Inspector and site manager. A-14 Change Order (CO): a written order to the Contractor signed by the Owner issued after execution of the Contract, directing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and Contract Time may be changed only by an approved and authorized Change Order. A Change Order signed by the Contractor indicates his agreement, including the adjustment in the Contract Sum and/or the Contract Time and waiver of any subsequent claims for adjustment for the work addressed A-15 Contract: The Contract Documents form the Contract,which represents the entire and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations,representations,or agreements,either written or oral, The Contract may be amended or modified only by a written modification A-16 Contract Sum: The total compensation payable to the Contractor for performing the Work as originally contracted for or as subsequently adjusted by Change Order. A-17 Contract Time: The total number of calendar days within which the Contractor shall commence and complete the Work to be performed,as originally contracted for or as subsequently adjusted by Change Order. The Contract Time will begin on the day designated in the Notice to Proceed. A-18 Day: calendar day unless otherwise annotated in the Contract Documents. A-19 Drawings: The graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, dimensions of the work, generally including plans, elevations, sections, details, schedules, and diagrams. A-20 Field Order: An authorization given to the Contractor by the Owner or his representative to proceed with a limited change in the Work at no adjustment in the Contract Sum. A-21 Furnish: "Furnish", unless specifically limited in context means;furnishing items specified to project site,to include -- unpacking and assembly. A-22 Install: means incorporating into the Work including all necessary labor, materials, equipment and connections to perform the Work indicated in the Contract Documents. GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT -� Page 1 06/27/2005 A-23 Shop Drawings: drawings,diagrams,illustrations,schedules,performance charts,brochures,and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor, and which illustrates some portion of the Work. A-24 Special Conditions: Special Conditions will supplement or replace specific paragraphs of the General Conditions as specified in the Special Conditions. A-25 Specifications: that portion of the Contract Documents consisting of the written requirements for materials,equipment, construction systems,standards and workmanship for the Work,performance of related services. A-26 Construction Documents: refers to the drawings,specifications,Addenda,and other related material provided by the licensed design professional referred to as the Architect or Engineer-of Record. A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six(6)originals,with all required attachments,including required bonds and insurance certificates,by the Contractor and the City of Fort Worth(Owner) in such form as may be prescribed by taw and returned to the Owner within ten(10)business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. Contracts may be issued by Purchase Order. — A-5 FAMILIARITY WITH PROPOSED WORK. Before the Contractor files a Proposal,the bidder shall examine carefully the, plans,specifications,special provisions,and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character,quality and quantity of work to be performed and materials to be furnished. The filing of a proposal by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. A-6 ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract.The Intention of the Contract Documents being to provide for all labor,supervision,materials,equipment and other items necessary for the proper execution and completion of the Work. Unless otherwise stated in the Contract Documents, words that have well-recognized technical, construction industry, or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions,Sections, Articles, or other Subdivisions shall not be binding upon the contractor in dividing the work among Subcontractors or Trades or in establishing the extent of Work to be performed by any specific trade. A-8 INTERPRETATIONS. The Architect-of Record will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations will be issued with reasonable promptness Such s Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order (FO). In the event of any dispute the decision of the Owner shall be final and binding. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and — dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and,Construction Contract A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. The Architect will furnish to the Contractor free of charge 16 sets of working Drawings and 15 sets of Specifications. The Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications fumished to him. All Drawings,Specifications and copies thereof furnished by the Owner or the Architect-of-Record are and shall remain the property of the Owner. A-11 CORRELATION AND INTENT. in general,the drawings indicate dimension,locations,positions,quantities,and kinds of construction;the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified or vice-versa,shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or Included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment,piping,ductwork,electrical apparatus,etc.,are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architect-of-Record or Owner's PM/BCMapproval. A-12 AGE In accordance with the policy("Policy")of the Executive Branch of the federal government,Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, white engaged in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,employees,subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this contract,a maximum GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 2 + 06/27/2005 age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of Its subcontractors.Contractor warrants it will fully comply with ADA provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT-OF-RECORD B-1 CONTRACT ADMINISTRATION. Where the term "Architect' is used in the "General Conditions of the Contract for Construction",it shall refer to the Director,Transportation and Public Works(TPW)or his designated Building Construction Manager unless it specifically state the Architect-of-Record,which will be the licensed professional that sealed the construction documents. The Director,Transportation will designate a TPW Project Manager(PM)and Building Construction Manager(BCM)to administer this contract and perform the functions of the"Architect"as indicated in the General Conditions. The design architect or engineer- of-Record may also be designated to perlorn the duties of"Architect". The term"City"and"Owner"are used interchangeably and refer to the City of Fort Worth as represented by the Director of Transportation and Public Works or his designated representative. B-2 TERMINATION AND SUSPENSION OF WORK:The Owner has the right to terminate the Project for any reason, if the project is terminated,the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. C) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above,the City will pay the contractor a proportionate part of the contract price based on the work completed; provided,however,that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments,if,any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In t the event of 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 the City Council of the City of Fort Worth,and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract B-3 DUTIES OF THE ARCHITECT-means the design Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privily of Contract between the Architect-and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER The TPW Architect (.TPW PM/BCM) will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect-of-Record and TPW Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. The Architect-of-Record will be the representative of the owner for clarification of the technical aspects of the drawings,specification,and related documentation. B-5 ACCESS TO JOB SITES. The Architect-of-Record and/or TPW Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect-of-Record and/or TPW Architect may perform their assigned functions under the Contract Documents. The Architect-of-Record and/or TPW Architect will make periodic visits to the Site to familiarize themselves with the progress and quality of the work and to determine if the work is proceeding In accordance with the Contract Documents. On the basis of on-site observations,the Architect-of-Record and/or TPW Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the TPW Architect will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. The Architect-of-Record may be consulted by the TPW Architect to determine approval of the pay request for work-in-place. B-6 INTERPRETATIONS. The TPW Architect(PM/BCM)will be,in the first instance,the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of the Owner. The TPW Architect will determine if the interpretation will be forwarded to the Architect-of-Record. GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 3 06/27/2005 The TPW Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK. The TPW Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition,whenever,in Its reasonable opinion,the TPW Architect considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the TPW Architect will have authority to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. The TPW Architect may request the Architect-of-Record to evaluate the work to determine compliance with the intent of the Construction Documents. B-8 MISCELLANEOUS DUTIES OF ARCHITECT. Shop Drawings. The Architect-of-Record will review Shop Drawings and Samples as provided in Section D. Two copies of each submitted and approved Shop Drawing will be provided to the Owner by the Architect. Change Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees. The Owner will receive all written guarantees and related documents required of the Contractor.Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor. B-9 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Consulting Architect-of- Record by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works,or shall appoint a successor Consulting Architect-of Record or TPW Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION. Generally speaking a designated representative will be identified from within the Facilities Management Division to act as a point of contact for day-today contract administration. This representative will be the(Project Manager)or the Building Construction Manager(BCM). C-2 DUTIES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics,legal limits and utility _ locations for the site of the Work;provided,however,that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS. The Owner shall issue all instructions to the Contractor through the BCM. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS. The Owner and/or the Architect-of-Record will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract Documents. On the basis of on-site observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractors applications for payments. This inspection performed by the Owner or by others for the Owner shall be for the sole benefit of the Owner. The presence or absence of an Owner inspector does not relieve the Contractor from any contract requirement to include relieving the Contractor of the responsibility for providing adequate quality control measures,relieve the Contractor of the responsibility for damage to or loss of material before acceptance,nor is the inspector authorized to change any term or condition of the specification without the Owner's written authorization. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall,without charge,replace or correct work found by the Owner not to conform to contract requirements, unless in the public interest the Owner consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reject work that does not conform to the Plans and ' Specifications. Whenever,in its reasonable opinion,the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the Owner will have authority to require the Contractor to stop the work or GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 4 06/27/2005 any portion thereof,or to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated,installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the Contractor and Architect-of-Record that the Work is substantially complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect-of-Recons and attended by representatives of the Architect-of-Record,Owner and Contractor. Items identified during this inspection as being incomplete,defective or deficient shall be incorporated Into a punch list and attached to the AIA document G704,which is to be prepared and signed by the Contractor,and accepted,approved and signed by the Owner. C-B RIGHT TO AUDIT:Contractor agrees that the City shall,until the expiration of three years after final payment under this contract,have access to and the right to examine any directly pertinent books,documents,papers and records of the contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,until the expiration of three years after final payment under the subcontract,have access to and the right to examine any directly pertinent books,documents,papers and records of such subcontractor,involving transactions to the subcontract The term "subcontract"as used herein includes purchase orders. R Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. SECTION D CONTRACTOR D-1 IDENTIFICATION. The Contractor is the person or organization identified as such in the Contract. The tern Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR The Contractor shall perform all work and services hereunder as an independent contractor,not as agent,or employee of the City. The Contractor shall have exclusive control of and the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible for the acts of its officers,agents,and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor,its officers,agents and employees,and the doctrine of respondeat superior shall not apply. D-3 SUBLETTING It is further agreed that the performance of this Contract,either in whole or In part,shalt not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works(TPW)of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS. The Contractor shall carefully study and compare the Agreement,Conditions of the Contract,Drawings,Specifications,Addenda and modifications and shall at once report to the Owner and to the Archkect-of- Record any error,inconsistency or omission they may discover.The Contractor shall do no work without properly seated Drawings, Specifications and Interpretations by the licensed design professional. D-5 SUPERVISION. The Contractor shall supervise and direct the Work, using his best skill and attention. The Contractor shall be solely responsible for all construction means,methods,safety,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract Documents. The Architect-of-Record,the Owner or their representatives shall not have control or charge of and shall not be responsible for construction means,methods,techniques, sequences or procedures,or for safety precautions and programs In connection with the Work. The Contractor shall provide,without extra charge,all incidental items required as a part of the Work,even though not particularly specified or indicated provided that the same are reasonably inferable for a complete working system from the Contract Documents and readily apparent therefrom,and if the Contractor has good reason for objecting to the use of a material,appliance,or method of construction as shown or specified,shall register their objection to the Architect-of-Record and Owner, in writing. Otherwise,the a Contractor shall proceed with the Work under the stipulation that a satisfactory job is required. D-6 LABOR AND MATERIALS. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities,transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful Contractor will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers,workmen or materialmen from outside local area. The Contractor shall at all times enforce strict discipline and good order among his employees,and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 PREVAILING WAGE RATE. The Contractor agrees to pay not less than the general prevailing rate of per them wages for Work of a similar character in the locality in which the Work is performed,and not less than the general prevailing wage of per GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 5 06/27/2005 diem wages for a legal holiday and overtime work to all laborers, workmen and mechanics employed on the Work under this Contract A Contractor or Subcontractor in violation of the Texas Prevailing Wage Law by underpaying its workers is liable for a penalty of$60.00 per underpaid worker per day or portion thereof. (LET'S TALK ABOUT THIS)The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified and set out by the City of Fort Worth,Texas,(Can we use Davis Bacon Wages?)a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. Each Contractor and Subcontractor must notify each of its workers commencing work on a construction contract of the worker's job classification and the prevailing wage rate(s)required as a minimum to be paid to such worker. If a worker during a work week is assigned to work in a different capacities and two or more wage rates are applicable to the classes of work which he or she .- performs,it is the duty of the Contractor to see to it that the worker's employer,whether a Contractor or Sub-contractor,identifies accurately in its records those periods in each work week when each such employee performed work in each capacity. D-B WARRANTY. The Contractor warrants to the Owner and the Architect-of Record that all materials and equipment furnished under this Contract will be new unless otherwise specified,and that all work will be of good quality,free from faults and g defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect-of-Record,TPW PM/BCM,or the Owner,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES. The Contractor is exempt from State Sales Tax on material incorporated into the finished construction,Excise and Use Tax. DA LICENSES, NOTICES AND FEES. The Contractor shall obtain all Permits, Licenses, Certificates, and inspections, whether permanent or temporary,required by law or these Contract Documents. The Contractor shall give all Notices and comply with all Laws,Ordinances,Rules,Regulations and Orders of any public authority - bearing on the performance of the Work.If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of,or contrary to,any of such Laws, Statutes,Charter,Ordinances, Orders or Directives,or Regulations without furnishing Notice to the Owner,the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D41 CASH ALLOWANCES. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site,and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct,but he will not be required to employ persons against whom he makes a reasonable objection. If the cost,when determined,is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site,labor,Installation costs,field overhead,profit and other direct expenses resulting to the Contractor from = any increase over the original allowance. D-12 SUPERINTENDENT. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project and on the project site during all progress of the Work. The superintendent shall be satisfactory to the Contractor and the Owner,The superintendent shall represent the Contractor and all communications given to the superintendent E shall be binding as if given to the Contractor.All important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS. The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. The Contractor is solely responsible for successful completion of the Project in accordance with the Contract and Construction Documents. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the work herein provided for within the time r herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if,in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-15 PROGRESS SCHEDULE. The Contractor,immediately after being awarded the contract,shall prepare and submit for the TPW Architect's(PM/BCM)approval,an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work,subject to the TPW Architect's(PM/BCM)approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 6 06/27/2005 equipment and/or materials. The Architect-of-Record will receive a copy of the schedule from the Contractor to review for submission and approval of shop drawings and material submittals. The progress schedule shall be updated at least monthly by the contractor and submitted to the TPW BCM for approval with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE. The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications,Addenda, approved Shop Drawings,Change Orders,and other Changes and Amendments in good order and marked to record all changes made during construction.These shall also be available to the Architect-of-Record and/or TPW Architect(PM/CPM). The Drawings,marked to record all changes made during construction,shall be delivered to the Owner upon completion of the Work. The Architect-of-Record will prepare,and provide to the Owner,one complete set of reproducible record drawings, referred to as the"Record Set"of the work. The Contractor shall update the"Record Set"a minimum of once monthly. D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts,brochures and other data which are prepared by the Contractor or any Sub-contractor,manufacturer,supplier or distributor, and which illustrate some portion of the Work. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. The Contractor shall review,stamp with his approval and submit,with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor,normally within the first 90 days of the work,six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect-of-Record or TPW Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified,or as the Architect-of- Record or TPW Architect may require. At the time of submission the Contractor shall inform the Architect-of-Record and TPW Architect(PM/BCM)in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples,the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents.The Architect-of-Record's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect-of-Record will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect-of-Record's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect-of-Record and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect-of-Record or TPW Architect on previous submissions. The Architect-of-Record's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the TPW Architect and Architect-of-Record in writing of such deviation at the time of submission and the Architect-of-Record has given written approval to the specific deviation. The Architect-of-Record's approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the TPW Architect(PMBCM)and Architect-of-Record has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE. The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the work by the City Council of the City of Fort Worth,the entire site of the Work shall be under the exclusive control,security,care and responsibility of the Contractor. The Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Contractor shall rebuild,repair,restore and make good at their own expenses all injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance. = D-19 CUTTING AND PATCHING OF WORK. The Contractor shall do all cutting,fitting or patching of his Work that may required to make its several parts fit together properly,and shall not endanger any Work by cutting,excavating or otherwise altering the Work or any part of it. D-2D CLEAN UP. The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the Work the Contractor shall remove all waste materials and rubbish from and about the Project as well as all tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work"Broom- clean"or its equivalent,except as othervAse specified in the Special Conditions or as directed by the TPW Architect(PMBCM).In addition to removal of rubbish and leaving the buildings"broom-clean", the Contractor shall clean all glass, replace any broken GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT - Page 7 06/27/2005 glass,remove stains,spots,marks and dirt from decorated work,clean hardware,remove paint spots and smears from all surfaces, clean fixtures and wash all concrete,tile and terrazzo floors. If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor. T D-21 COMMUNICATIONS. As a general rule,the Contractor shall forward all communications to the Owner through the BCM. D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS.Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department,Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION. A Subcontractor is a person or organization who has a direct contract with the Contractor to perform any of the Work at the site. The term Sub-contractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub-contractor or his authorized representative. Nothing contained in the Contract,Documents shall create any contractual relation between the Owner and the Architect-of-Record "• and any subcontractor or any of his sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS. The Contractor shall furnish a list of the names of the sub-contractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such _ portions of the Work as may be designated in the bidding requirements,or if none is so designated in the bidding requirements,the names of the Sub-contractors proposed for the principal portions of the Work. Prior to the award of the Contract,the TPW Architect shall notify the successful Contractor in writing if either the Owner,TPW Architect,or Architect-of-Record,after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner,TPW Architect, and/or Architect-of- Record to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization.(We rarely do this. Do we need to commit to this step?) If, prior to the award of the Contract, the Owner, TPW Architect, or Architect-of-Record has an objection on to any person or organization on such list,and refuses to accept such person or organization,the apparent successful Contractor may,prior to the award,withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute,the Owner may,at its 4 discretion,accept the bid or he may disqualify the bid.If,after the award,the Owner,TPW Architect,or Architect-of-record objects in writing to any person or organization on such list,the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner, TPW Architect (PM/BCM) and the Architect-of-Record, unless the substitution is also acceptable to the Owner, TPW Architect(PM/BCM)and the Architect-of-Record. E-3 TERMS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Sub-contractor(and where appropriate between Sub-contractors and Sub- subcontractors)which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect-of-Record under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party,in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs,extensions of time,damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor(via any Subcontractor or Subsubcontractor where appropriate)in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the Owner and the Architect-of-Record,whether or not such provisions are physically included in the sub-contract. E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE WWBEI. Should the base bid be less than $25,000, the requirements of this section do not apply. General: In accordance with City of Fort Worth Ordinance No 15530, the City of Fort Worth sets goals for the participation of minority business enterprises and women business enterprises in City contracts. Ordinance No 15530 is incorporated in these GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 8 06/27/2005 Specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM and GOOD FAITH EFFORT FORM, as applicable,must be submitted within five(5)city business days after bid opening. Failure to submit the post bid information shall render the bid non-responsive.. The City will consider the contractor's performance on other City Projects regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE program,or to demonstrate a"good faith effort',shall result in a bid being considered irresponsible. During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE sub- contractors prior to issuance of the Notice to Proceed(NTP). The Contractor shall also provide monthly reports to the City M/WBE office on utilization of the subcontractors and a copy to the TPW Building Construction Manager (BCM). Upon request, the Contractor must provide the City with complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE)on the contract and proof of payment thereof. The Contractor further agrees to permit an audit and/or examination of any books,records or flies in it's possession that will substantiate the actual work performed by an M WBE. The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal,state,or local laws or ordinances relating to false statement's. Further,any such misrepresentation (other than a negligent misrepresentation)and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All sub-contractors used in meeting the goals must be certified by the City of Fort Worth prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an M/WBE subcontractor or supplier,the M/WBE shall be given an opportunity to perform the work. Whenever a change order is$50,000 or more,the City of Fort Worth M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contractor shall: 1. Make no unjustified changes of deletions in it's MMBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the contractor had represented he would perform with his forces,the contractor shall notify the City before subcontracts or purchase orders are let,and shall be required to comply with modifications to goals as determined by the City,and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM,If the contractor desires to change or delete any of the M/WBE subcontractors or suppliers.. Justification for change of subcontractors may be granted for the following: 1. Failure of subcontractor to provide evidence of coverage by Workers'Compensation Insurance 2. Failure of subcontractor to provide required general liability or other insurance. 3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan C Default by the M/WBE subcontractor or supplier in the performance of the subcontract. 5. Other reasons at the discretion of the M/WBE Coordinator Within ten days after final payment from the City the contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier,including non-M/WBEs,used on the project. E-5 PAYMENTS TO SUBCONTRACTORS. The Contractor shall pay each Subcontractor,upon receipt of payment from the Owner,an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work no- later-than ten(10)days after receiving the payment from the City. The City will pay not later than thirty(30)days after acceptance of the Contractor's payment request. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors not-later-than ten(10)days after receiving payment. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular sub-contractor, the Contractor shall pay that Sub-contractor on demand, made at any time after the Certificate for Payment would otherwise have been issued,for his Work to the extent completed,less the retained percentage. GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 9 06/27/2005 The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor,and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may,on request and at its discretion,furnish to any Subcontractor,if practicable,information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR FEDERAL FUNDED PROJECTS The Contractor will cause appropriate provisions to be Inserted in all subcontracts to bind subcontractors to Federal contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110,as appropriate. Each subcontractor must agree to comply with all applicable Federal,State,and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project,except as specifically approved by the City,who is contained in the listing of contractors debarred, ineligible, suspended or Indebted to the United States from contractual dealings with Federal government departments. The work performed by any such contractor or sub-contractor will be Ineligible for reimbursement wholly or partially from FDA grant funds. All subcontracts in excess of$10,000 shall include,or incorporate by reference,the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City.The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347 Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of$50,000 or more must submit a completed Standard Form 100(Compliance Report)by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257, SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contract are awarded for other portions of the Work,"the Contractor"In the Contract Documents in each case shall be the contractor who signs each separate contract, F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work,and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor,the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work,except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site,the Contractor shall,upon due notice,settle with such other contractor by agreement,If he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained,the Owner shall notify the Contractor who shall defend against such suit at the -' Contractor's expense,and if any judgment against the Owner arises therefrom,the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees,court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The Contractor shall do all cutting,fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or any other contractors by cutting,excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the TPW Architect(PM/BCM). GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 10 06/27/2005 Any costs caused by defective or ill-timed work shall be bome by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsibility for cleaning up,the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works(TPW)shall determine to be just SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS. The law of the place where the site is located shall govem the Contract. The Contractor must familiarize himself and strictly comply with all Federal,State,and County and City Laws,Statutes,Charter,Ordinances,Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. The Contractor shall Indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws,Statutes,Charter,Ordinances,Regulations,or Directives,whether by himself,his employees,agents or subcontractors. G-2 GOVERNING LAWS. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS. The Contractor agrees t o comply with all laws, Federal, state and local, including all ordinances,rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. Contractors are responsible for obtaining construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Building Construction Manager weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer, architect, Building Construction Manager;and their personnel at the project site for Contractor's sole negligence. In addition,Contractor covenants and agrees to indemnify,hold harmless and defend,at its own expense,the Owner,its officers,servants and employees,from and against any and all claims or suits for property loss,property damage,personal injury,including death,arising out of,or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurft, damage or death Is caused, in whole or in pant, by the negligence or alleged negligence of Owner,its officers,servants,or employees. The Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers,servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract,whether or not anv such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner,Its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment,final payment shall not be made until the Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the Insurance carrier. The Director of Transportation and Public Works(TPW)may,if he deems it appropriate,refuse to accept bids on other City of Fort Worth public work projects from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2,this contract shall be binding upon and insure to the benefit of the parties hereto,their Successors or Assigns.Contractor shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be null and void. G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firth or to an officer of the corporation for whom It was intended,or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The Contractor agrees,on the submittal of his Proposal to make,execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 11 ^' J�z'�J'e `i., 06/27/2005 -� performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work,such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas,as amended,in the form included in the Contract Documents,and such bonds shall be 100 percent of the total contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Both the Contractor and the Surety Company shall properly execute each bond. Bonds required by the City shall be in compliance with all relevant local, state and federal statutes. F To be an acceptable surety on the bond the name of the surety should be included on the current U.S.Treasury List of Acceptable Securities[Circular 570],and must be authorized to do business in Texas. Sureties not listed In Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of ten(10)percent of its capital and surplus. Such a surety must reinsure any obligation over 10 percent. The amount in excess of ten(10)percent must be reinsured by reinsurers who are duty authorized,accredited,or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same,the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is less than$25,000, payment shall be made in one lump sum no-later-than thirty(30)calendar days after completion and acceptance of the work. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any other remedy he may have,enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies,including the cost of the Architect-of-Record's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount.the Contract shall pay the difference to the Owner. — G-10 ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall hold the Owner harmless from loss on account thereof and shalt be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified;however,if the Contractor has reason to believe that the design,process or product specified is an infringement of a patent.he shall be responsible for such loss unless he promptly gives such information to the Owner. G-11ET STS. If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be inspected,tested or approved,the Contractor shall give the Owner timely notice of its readiness and the date arranged so the Architect-of-Record and/or TPW Architect (PM/BCM) may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection,tests and approvals unless otherwise provided. If after the commencement of the Work,the Owner determine that any Work requires special inspection,testing or approval not included above,the Owner,upon written authorization from the Owner,will instruct the Contractor to order such special inspection, testing or approval,and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance of the work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect-of-Record's additional services made necessary by such costs; otherwise the Owner shall bear such costs,and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection,testing or approval,and three (3) copies will be promptly delivered by him to the Owner.The Architect-of-Record will review the certificates and forward one copy of each with his recommendation(s)to the Owner. If the Owner wishes to observe the inspections,tests or approvals required by this Section,they will do so promptly and,where practicable,at the source of supply. Neither the observations of the Architect-of-Record or the Owner in their administration of the Construction Contract, nor r inspections,tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES. The Contractor shall perform the work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases,the Contractor may be required to perform the work while the existing utility Is in service. The existing utility service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities.the Contractor shall notify the Owner in writing at least ten (10) days in advance of the time that he desires the existing service to be interrupted and the expected duration of interruption. The interruption time shalt be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at the time desired by the Contractor. In such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. Unscheduled interruptions resulting form the actions of the Contractor will be brought immediately to the attention of the TPW PM/BCM. GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 12 06/27/2005 G-13 LAYING OUT WORK. The Contractor shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings,Specifications,and existing conditions shall be referred to the Architect-of-Record and the TPW Architect(PM/BCM)for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon the Contractor to cavy out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work, the Contractor shall carefully compare and check all Architectural, Civil, Structural, Mechanical, Electrical,and Plumbing drawings;each with the other that in any affects the locations or elevation of the work to be executed by him,and should any discrepancy be found, shall immediately report the same to the Architect-of-Record and the TPW Architect (PM/BCM)for verification and adjustment. Any duplication of work made necessary by failure or neglect on the Contractor's part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work,the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference which may be found shall be submitted to the Architect-of-Record and the TPW Architect (PM/BCM)for consideration and adjustment before proceeding with the project. The Contractor is responsible for having visited the site and having ascertained pertinent local conditions such as location, accessibility,and general character of the site,building,or structure;the character and extent of existing Work within and adjacent = to the site,and any other Work or restricting condition adjacent or in close proximity to the site during the time of the project. The Owner makes no representations as to the accuracy or completeness of the site information furnished to the Contractor either by the Owner or Architect-of-Record,and does not expressly or by implication warrant same. The Owner is also not responsible for any interpretations or conclusions reached by the Contractor with respect to site conditions, dimensions and configurations not addressed by the above notification of conflict and differences brought to the attention of the Architect-of-Record and the TPW Architect(PM/BCM). G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved,replaced or protected,as required,whether or not shown or specified at the contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines,shown the Drawings are based on the best available sources,but are to be regarded as approximate only.The Contractor must exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shall be the responsibility of the Contractor to make certain in the installation of jointed floor,wall and ceiling materials that; 1. Preserve and protect the rights of the Owner and the Architect-of-Recons under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers,light fixtures,equipment,etc. If because of the non-related sizes of the various materials and locations of openings,etc., it is not possible to accomplish the above,the Contractor shall request the Architect-of-Record to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G4T INTEGRATING EXISTING WORK. The Contractor shall protect all existing street and other improvements from damages. The Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any way interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work,special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced,repaired and restored to its original condition at no cost to the Owner. G48. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the Contract documents,whether expressly stated or not, that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. The contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The contractor shall verify that components containing lead do not contact the potable water supply. GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT -. Page 13 06/27/2005 G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing's showing location of equipment, piping, ductwork, etc. are diagrammatic only and job conditions may not always permit their installation in the location shown.When the situation of a conflict or difference occurs,It shall be brought to the Architect-of-Record's and TPW Architect(PM/BCM)attention immediately and the T relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the Architect-of-Record's and TPW Architects(PM/BCM)approval.The Contractor shall remove and relocate such items at their own expense if so directed by the TPW Architect(PM/BCM). Where possible uniform margins are to be maintained between parallel lines and or adjacent wall,floor or ceiling surfaces. G-20 OVERLOADING. The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials,equipment,tools,machinery or any other item thereon. No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. The Contractor will practice safe operations at all time throughout the project. G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products, processes, equipment,or the like be installed or applied in accordance with manufacturer's instructions,direction or specifications,or words to this effect,it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six(6)copies of such instructions shall be furnished to the Architect-of-Record and his approval thereof obtained before work is begun. G-22 CLEANING UP.The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the work. At completion of work,the General Contractor shall,immediately prior to final inspection of complete building,execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary,and all temporary labels,tags,and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building,the grounds,approaches,equipment,sidewalks,streets,etc.shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken,hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty,paint materials,etc.,without scratching or injuring the glass and leave the work bright,clean and polished. Cost of this cleaning work shall be borne by the Contractor. 10. Cleaning,polishing,scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11, Burning:Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the TPW Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust G-24 FIRE PROTECTION. The contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen. All scrap materials,rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints;no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and _ removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas welding or cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 14 - 06/27/2005 metal. When temporary heating devices are used,a watchman provided by the Contractor shall be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated,such work shall be neatly sawed or cut by the Contractor in a manner that will produce a neat straight line,parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that Is to remain. At no time shall any structural members be but without written consent from the Architect-of-Record. G-26 PROJECT CLOSEOUT, Final Inspection, Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". - Maintenance Manual: Sheets shall be 8%;x 11",except pull out sheets may be neatly folded to 8%:"x 11". Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and spine. The Maintenance Manuals shall contain: 1) Name,address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative,for each piece of operative equipment. 3) Catalog data on plumbing fixtures,valves,water heaters,heating and cooling equipment,temperature control,fan,electrical panels,service entrance equipment and light fixtures. 4) Manufacturer's name,type,color designation for resilient floors,windows,doors,concrete block,paint,roofing,other materials. - Submit six copies of Maintenance Manual,prior to request for final payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-2T GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to the TPW Architect (BCM). Delivery of guarantees shall not relieve Contractor from any obligation assumed under the Contract. The Contractor shall guarantee the entire Project for one year. In addition,where separate guarantees,for certain portions of work, are for longer periods,the I Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon Issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse,neglect by Owner or his successor(s)in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein.. Unless supplemented by the Technical Specifications or the manufacturers normal extended warrantees,the Contractor shall warrant all work materials,and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor,the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment,one print of each of the drawings accompanying the specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to the Architect-of-Record. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose,or by subsequent change to the drawings,the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate,in addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances. GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION LUMP SUM CONTRACT Page 15