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HomeMy WebLinkAboutContract 33663 CITY SECRETARY 0 0111 COPY FOR: CONTRACT NO. MiSL6 -CO CTOR THE CITY OF FORT WORTH, TEXAS _ OMRACTOR's BONaliG oc). CITY SECRETARY TPW2005-09 CITY MANAGER'S OFFICE ENGINEERING MV. MEADOWBROOK GOLF COURS5-7 /PW-FiLE COPY Clubhouse Pavilion & Renovation FORT WORTH MIKE MONCRIEF CHARLES BOSWELL MAYOR CITY MANAGER Robert Goode, P.E. Director, Transportation and Public Works Dept Randle Harwood Acting Director, Parks and Community Services Dept Nader Design Group May 2006 w 06-23-06 A11 :55 I N 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 16' day of May AD, 20 06 , 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 HCE Construction, Inc. of the City of Duncanville County of Dallas State of Texas hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: MEADOWBROOK GOLF COURSE CLUBHOUSE PAVILION AND RENOVATIONS 1815 JENSON ROAD 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 $180,047.00 and includes the base bid and Alternates 1, 2, 3, and 4. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 85 calendar days. 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 ADDITIONAL INSURANCE REQUIREMENTS: R a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's 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 contractor's insurance. _ j. Contractor's 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 Owner's 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. Contractor's 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. 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 C - 3 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 16' day of May ,AD,20 06 . -�-\—,� Contractor By: �� �� APPnAss Name � �\� By: Offic���1� ��?�� �v -1 ��bant ty Makg APPROVAL RECOMMENDED: RECORDED: By: _ G �/ By: Traportation and Public Works City Secretary APPROVED AS TJFO AND LEGALITY: l t By: contract Authorizatioa Assistant City or y I l Date C - 4 ASB-405821 FI"RI=ORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) —- HCE Construction, Inc. , as Principal herein, and (2) American Safety Casualty Insurance Company , a corporation organized under the laws of the State of (3) nmawam _ ,, 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 One Hundred Eighty Thousand. FoMf Seven Dollars and No Cents Dollars ( $180,047.00 ) 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 16"' day of May , 2006, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of M!`ADOWBROOK GOLF COURSE CLUB HOUSE PAVILION AND RENOVATIONS, 1815 JBNSON ROAD, FORT WORTH. TgCAS Project No. GC1"20760520120. 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; othenn►ise,-to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Govemment 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 25th day of May , 2006. HCE Construction, Inc. PRI L -- ATTEST: By: r' �' Name: �. (Principal) Secretary Title: (S E A L) Address; P.O. Box 225412 nalla� TX 75999 Witness as to Principal American Safgty Casualty Insurance Company SURETY EST: By: - L%r� G-- Name: Larry Howard Jr. Se etary Attorney in Fact (S E A L) Address. 1845 The Exchange Atlanta, GA 30339 Witne s to Surety Telephone Number. (77Q916-1908 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety mast be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shalt not be prior to date of Contract. ASB-405821 PAYMENT BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OFTARRANT § That we, (1) HCE Construction, inc. , as Principal herein, and (2) American Safety Casualty Insurance Company a corporation organized and existing under the laws of the State of(3) Delaware , 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 One Hundred Eighty Thousand, Forty Seven Dollars and No Cents Dollars ( $160.047.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, 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 16t" day of May , 2006, 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: MEADOWBROOK GOLF COURSE CLUB HOUSE PAVILION AMD RENOVATIONS. 1815_JENSON ROAD, FORT WORTH, TEXAS Prosect No. GC16- 020164520120. 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, Texan Government Code, as amended) supplying labor or.materiais 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 authorised representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this25th day of May , 2006. HCE Construction, Inc. PRINCIPAL \ ATTEST: By: 1. \S � \� - Name: (Principal) $�Cr+�tar), V�\ � ��, ��". Title: `�'�\ ( (S E A L) Address: P.O. sox 225.412 Dallas, TX 75222 Witness as to Principal American Safety Casualty Insurance Company SURETY ATTEST: By: ry 1QAAAA i Name. Larry Howard Jr. S retary Attorney In Fact (S E A L) Address: _The Exchange Atlanta, GA 30339 Witne s to Surety Telephone Nu►riber (770)916-1908 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (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 Attorney-in-Fact. The date of bond shall not be prior to date of Contract. AASI ENVIRONMENTAL, HAZARDOUS & TOXIC MATERIALS RIDER JlwMsA:s1)i/YI Ka.rXAnYR' To be attached to and form a part of Performance Bond and/or Labor and Material Payment Bond and/or Bid Bond, numbered ASB-405821 dated the 25th day of May 2006 issued by American Safety Casualty Insurance Company as Surety behalf of HCE Construction. Inc. in favor of City of Fort Worth. This bond is executed on the following express conditions, which are precedent to any recovery hereunder: I. That no claim, suit or other legal action can be brought against this bond because of any insurance or worker's compensation requirements , contained in the related contract or any changes thereto. This includes, but is not limited to, lack of any insurance or worker's compensation or inadequate insurance coverage limits carried by the Principal, its Agents, servants employees or any contractor employed by the Principal. II. No claim, suit or other legal action can be brought against this bond for any release, escape, migration, dispersal or seepage of any hazardous waste or substance, pollutant, asbestos, lead, mold, mildew, fungus or other microbiological contaminant or other toxic or hazardous material, gas or liquid or for any recurrence of any hazardous condition. III. That no claim, suit, or other legal action can be brought against this bond by anyone other than the obligee and those parties expressly permitted by the statutes applicable to this bond. IV. No claim, suit, or other legal action shall be commenced against the Principal or Surety for any default in performance, labor performed, or materials supplied after one (1) year after substantial completion. 25th day of May 1 2006, at Atlanta, Georgia. (CITY) (STATE) American Safety Casualty Insurance Company By- Larry Larry Howard Jr. Attorney-in-Fact A Aa+iac:w 4+€s rrancva.,rr CS1 ACKNOWLEDGMENT OF SURETY STATE OF GEORGIA COUNTY OF COBB On this 25th day of May, 2006, before me personally appeared Larry Howard Jr. known to me to be (or proven to me on the basis of satisfactory evidence) the Attorney-in-Fact of AMERICAN SAFETY CASUALTY INSURANCE COMPANY and acknowledged to me that he/she executed the within instrument. In witness whereof, I hereto set my hand and official seal to this certificate on the day and year first written above. qxv� 66 - �"u�_� {Votary RuOic -� -November 14, 2008 l Commission Expiration Date NUMBER M1 POWER OF ATTORNEY ASB- 4 0 5821 AMERWAN S UETY INSURAMa KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made,constituted and appointed, and by these presents does make, :ons titul4 and appoints LARRY HOWARD,JR.,THOMAS L.VEHAR,ROBERT H.D'OLYMPIO OFATLANTA,GEORGIA is true and lawful attorney-in-fact,for it and its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of """THREE MILLION DOLLARS***($3,000,000)DOLLARS*** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company un the Eighth day of September,2003. RESOLVED,that the President in conjunction with the Secretary or any Assistant Secretary may appoint attomeys-in-fact or agents with authority as defined or limited in the instrtnncnl evidencing the appointment in each case,for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognisances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company: (i)when signed by the President or any Vice-President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary or(ii)when signed by the President I&any Vice-President or Secretary or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or(iii)when duly executed and sealed(if a seal be required)by one or more attomey-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and affects as though manually affixed. IN WITNESS WHEREOF,American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed,and these presents to be signed by its President and attested by its Secretary this Eighth day of September,2003. 416 Attest: � Dorothy JO S Stephen R.Crim,President `STATE OF GEORGIA �R�tlMI� COUNTY OF COBB } „ On this Eighth day of September,2003,before me personally came Stephen R.Crim,to me known,who,being by me duly sworn,did depose and say that he is the President of American Safety Casualty Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. .mwmww"n, EXPIRES Z Q\L _.�� GEORGIA ' - •ice *\�?��.,y► — SEPT.25,2005 Ruth .Bankston,Notary Public I, the undersigned, Secretary of American Safety Casualty Insurance Company, a Delaware corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and Sealed at the City of Atlanta,in the State of Georgia. ` Dated the day of 25" May 2006 RAL 1 ftAwo Dorothy'• secret y ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/16/2006 DATE: Tuesday, May 16, 2006 LOG NAME: 20MEADOWBROK GC REFERENCE NO.: **C-21454 SUBJECT: Authorize Execution of Contract with HCE Construction, Inc., for the Pavilion and Renovation at Meadowbrook Golf Course Club House RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract in the amount of $180,047.00, with HCE Construction, Inc., for the construction of the pavilion and renovation of the Meadowbrook Golf Course Club House. DISCUSSION: On February 10, 2004, (M&C G-14259) the City Council authorized the Parks and Community Services Department (PACSD) staff to proceed with a renovation plan outlined for Meadowbrook Golf Course. The plan included a total of$225,000 for the pavilion design and construction. On July 19, 2005, (M&C C-20844) the City Council authorized the City Manager to execute a contract with Nader Design Group for the design of a pavilion and renovation at the Meadowbrook Golf Course Club House. The pavilion will provide a 1,200-square foot covered area adjacent to the interior dining room. The pavilion can be used to attract and accommodate large groups and golf tournaments, thus enhancing Meadowbrook Golf Course's ability to host additional revenue-generating events. This project was advertised for bid in the Commercial Recorder on January 5 and 12, 2006. The following bids were received (base bid and Alternates 1, 2, 3, and 4): BIDDERS COSTS HCE Construction, Inc. $180,047.00 Williams&Thomas, Inc. dba Jamail Construction $195,900.00 RBR Construction, Inc. ($196,486.00) Non-Responsive RBR Construction, Inc. did not submit the required follow-up documents and was declared as non- responsive. Based on price, schedule, M/WBE participation, and reputation and experience, HCE Construction, Inc. was determined to offer the best value. The overall project cost (base bid and Alternates 1, 2, 3, and 4) is expected to be: Design $30,000.00 Construction $180,047.00 Contingency, staff& geotechnical testing $25,000.00 Total $235,047.00 HCE Construction, Inc. is in compliance with the City's MM/BE Ordinance by committing to 20% M/WBE participation. The City's goal for this project is 20%. The project is physically located in COUNCIL DISTRICT 4, but will serve Fort Worth residents in all Council Districts. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Golf Capital Projects Fund. TO Fun d/Accou nt/C enters FROM Fund/Account/Centers GC 16 541200 020160520120 $180,047.00 Submitted for City Manager's Office br. Marc Ott (6122) Originating Department Head: Robert Goode (7804) Additional Information Contact: Dalton Murayama (8088) City of Fort Worth Meadowbrook Golf Course Club House 1/4/2006 TABLE OF CONTENTS Division 1-General Requirements 011000 Summary - 012000 Price and Payment Procedures 013000 Administrative Requirements 014000 Quality Requirements 017000 Execution and closeout Requirements Division 2—Existing Conditions 024119 Selective Structure Demolition Division 3—Concrete 033000 Cast-in-place Concrete Division 5—Metals 051200 Structural Steel Framing 055000 Metal Fabrications 055200 Metal Railings Division 6-Wood&Plastics 061800 Glued-Laminated Construction 064013 Exterior Architectural Woodwork Division 7—Thermal and Moisture Protection 075213 SBS Modified Bituminous Membrane Roofing 077100 Roof Specialties Division 8-Doors&Windows 084113 Aluminum-Framed Entrances&Storefronts Division 9-Finishes - 099100 Painting Division 10-Specialties 102113 Toilet Compartments Division 31—Earthwork Y 311000 Site Clearing 312000 Earth Moving Division 32—Exterior improvements 321216 Asphalt Paving 323223 Segmented Retaining walls 328400 Planting irrigation Division 33—Utilities 334600 Subdrainage TABLE OF CONTENTS NOTICE TO CONTRACTORS Proposals for the construction of Meadowbrook Golf Course Clubhouse Renovations, 1815 Jenson Rd, Fort Worth, will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76102, until 1:30 P.M., Thursday, February 2, 2006, 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 at 10:00 A.M., Tuesday, January 17, 2006, in the Meadowbrook Golf Course Clubhouse, 1815 Jenson Rd, Fort Worth, Texas. The Project consists of demolition of an existing exterior shade element with construction of a new expanded porch pavilion including foundation and roof, plus site work. Estimated construction cost is $ 159,000. 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 20%. 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 M/WBE Office at 817-392-6104 to obtain list of certified subcontractors and suppliers. 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 make copies of the Project Manual and Plans through their printer. The bidding documents may be viewed and printed on-line. Bid documents are not available at the City. The bidding documents may be viewed and printed on-line by logging on to http://proiectpoint.buzzsaw.com/client/fortworthgov with the user name "Cowtown", password "Cowtown 2004", "TPW Projects". Contact the Project Manager, Nancy Richardson, at 817-392-8014 or email nancy.richardson@fortworthgov.ora for assistance. For additional information contact Lonnie Burns, Nader Design Group, 817-336-9010 or Lonnie @ naderdesi,n.com. Advertisement: January 5, 2006 and January 12, 2006 NOTICE TO CONTRACTORS Proposals for the construction of Meadowbrook Golf Course Clubhouse Renovations, 1815 Jenson Rd., Fort Worth, will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, February 2, 2006, 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 at 10:00 A.M., Tuesday, January 17, 2006, in the Meadowbrook Golf Course clubhouse, Fort Worth, Texas. The Project consists of demolition of an existing exterior shade element with construction of a new expanded porch pavilion including foundation and roof, plus site work. Estimated construction cost is$ 159,000. 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 20%. 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 M/WBE Office at 817-392- 6104 to obtain list of certified subcontractors and suppliers. 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 make copies of the Project Manual and Plans through their printer. The bidding documents may be viewed and printed on-line. Bid documents are not available at the City. The bidding documents may be viewed and printed on-line by logging on to http:Hi)romectpoint.buzzsaw.com/client/fortworthgov with the user name"Cowtown", password"Cowtown 2004", "T/PW Projects". Contact the Project Manager, Nancy Richardson, at 817-392-8014 or email nancy.richardson@fortworthgov.orq for assistance. For additional information contact Lonnie Burns, Nader Design Group, 817-336-9010 or lonnie@naderdesign.com. Advertisement: January 5, 2006 January 12, 2006 TABLE OF CONTENTS NOTICE TO BIDDERS TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTION FOR BIDDERS (M/WBE) PROPOSAL GENERAL CONDITIONS WEATHER TABLE WAGE RATES TECHNICAL SPECIFICATIONS See index next page CONTRACT PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW 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. Proposed level of MWBE participation (10%) 3. The proposed project schedule (10%) 4. The reputation/experience of the Offeror as demonstrated by past project work and the report of references (10%) 5. 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. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE) (BEST VALUE PROPOSAL) All proposers shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority and Women Business Enterprises (M/WBE) in the procurement of services with a fee of $25,000 or more by establishing a M/WBE goal. 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 M/WBE goal on this project is 20%. 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/WBE; and (3)the approximate dollar amount/percentage of the participation. 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 by 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 plan will be part of the final weighted selection criteria. 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 w 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: Minority/Women's Business Documentation (for bids in excess of $25,000) 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 H 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 EW 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: MR. CHARLES BOSWELL CITY MANAGER CITY OF FORT WORTH, TEXAS FOR: MEADOWBROOK GOLF COUSE CLUBHOUSE RENOVATION 1815 Jenson Rd, Fort Worth Project No. TPW 2005-09 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 n Alternate 1 -Exterior Benches Alternate 2 -Toilet Partitions Alternate 3 -Replace interior light fixtures Alternate 4 -Light Fixture spec Unit Prices: Add per linear foot of 18" Diameter Pier ' Deduct per linear foot of 18" Diameter Pier 5 Add per linear foot of Steel Casing The undersigned agrees to complete the Work within_ _�L 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). 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. MANUFACTURERS REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon i 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. -� 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 resident4bidder 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. 1_1 Non-resident vendors in (give state), are not required to underbid resident bidders. B. 11�— 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 Dollars ($Ib,S�o ) 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. VMINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000) • I am aware that I must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, Company Name Signature i Printed Name of Principal Title Address: © � Q�.�o �.�C �J�.,.�, S►"i \\ - ' Street ,. City Zip Phone:'�`'\� I& • 1 V`' � MP Fax: Receipt is acknowledged of the following addenda: Addendum No. 1: i ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime _ PROJECT NAME: /W/DBE NON-MNWDBE BID DATE City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 'io Bio V&— 20 % 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 M/WBEs 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. 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 2nd tier ALL M1WBEs 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 MM/BE 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 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., a' Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Subcontractor/Supplier Company Name Certification Detailed Detailed Dollar Address Subcontracting Supplies Amount Telephone/Fax Work Purchased Frontier Electric 3102 Benton Dr Ste B Installations Garland TX 75042 Non- MBE according to 972-485-9898 (Tel) the Plans 972-485-9797 Unit Structures LLC 1703 Merritt Dr. Mansfield, TX 76003 Non-MBE Supplier $16,800.00 870-234-4112 (Tel) 870-234-2440 (Fax) City Glass& Mirror Inc. Installations 233 SE 14th Street according to $7,500.00 Grand Prairie, Texas Non- MBE the Plans 75051 972-264-5605 (Tel) 972-264-6385 (Fax) Knickerbocker Partition Corp. Supplier 3230 Royalty Row Non-MBE $4,321.00 Irving, Texas 75062 American Asphalt 1001 N. Beckley Rd. Ste 108-308 Non- MBE Installations $23,000.00 Desoto, Texas 75115 according to _ 214-502-5228 (Tel) the Plans 972-224-6333 Al Ornamental 163 Pittsburg Installations Dallas, Texas 75207 Non-MBE according to $15,000.00 214-748-1978 (Tel) the Plans 214-748-1884 (Fax) Ramirez Roofing 200 E. Vickery, Forth Non- MBE Installations Worth, Texas 76104 according to $12,604.00 817-332-9747 (Tel) the Plans 817-882-8059 (Fax) Artistic Painting Co. 2477 Doreen St. Installations Grand Prairie, Texas Non- MBE according to Y 214-201-1305 (Tel) the Plans A+Electric 1214 Luke Street T Irving, TX 75061 MWB -A-Y g $id 972-313-8686 (Tel) NCTRCA \C1&1MV*W*1h 972-313-8211 (Fax) qCS.Cr'a' Garcia Painting $4,900. Contractor 1201 Andrews Street MWB Paint according Arlington, TX 76011 NCTRCA to the plans 817-795-5505 (Tel) 817-226-4895 (Fax) Grass Perfect P.O. Box 50374 Installation $5,400. Forth Worth, Texas MWB according the 75220 NCTRCA plans 817-881-9784(Tel;) 817-536-8431 (Fax) i ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ �� TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 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 of 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 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 MM/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. Authorized Signature Printed Signature Title Contact Name/Title(if different) Compan Name C_ Te epTione and/or fax -� Address E-mail Address y,n C- -Ny \\.�. X •-1 S\fib C7�o City/Statelzip Date Rev.5/30/03 RECEIVED FEB 0 9 2006 ATTACHMENT 1 B FORT NORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe prime HCE CONSTRUCTION INC. PROJECT NAME: MM/DBE NON-MM/DBE BID DATE CLUBHOUSE RENOVATION AT MEADOWBROOK 02/02/06 City's M/WBE Project Goal: PROJECT NUMBER Im. TW-2005-90 If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if bp1h answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m..five(5) City business days after bid opening,exclusive of the bid opening date,will result in the bid .. being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO roject, this is your normal business practice and provide an o erational profile of Xour business. X v Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. X NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs 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 creates a material breach of contract mayresult in a determination of an irresponsible offeror and barred from participating in City work for a period of titp of less than one(1)year. Authorized Sig, ECEIVEa FEB C Printed Signature RECEIVED CC PROJECT MANAGER CHARLES CROWDER Title Contact Name(if different) HCE CONSTRUCTION INC. 21-398-7448 972-298-1113 Company Name Phone Number Fax Number 606 ORIOLE BLVD. SUITE 314 hceconstruction(dDyahoo.com Address Email Address DUINCANVILLE, TS 75116 02/04_/06 City/State/Zip Date ' Rev.5/30/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH --�•.� .•--- City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe rime HCE CONSTRUCTION INC. PROJECT NAME: M/WlDBE NON-M/WlDBE BID DATE CLUBHOUSE RENOVATION AT MEADOWBROOK 02-02-06 City's MIWBE Pro'ect Goal: PROJECT NUMBER TPW-2005-09 If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting 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. 1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, if necessary) Rev.05130103 ATTACHMENT 1C Page 2 of 3 List of Subcontracting Opportunities List of Supplier Opportunities SUPPLIER BEAMS, GLULAM, PARTITIONS, GRAB BAR, 5 TOILET TISSUE HOLDER DOUBLE DECORATIVE GRADE, LAMINATED 3X6 CARPENTER SOUTHERN PINE ROOF DECK. STANDARD V- GROVE PATTERN 2.) Obtain a current(not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. X Yes Date of Listing 02/02/06 No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? X Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes,attach list to include name of M/WBE firm, ep rson contacted,phone number and date and time of contact.) X No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. Rev.05/30/03 ATTACHMENT 1C Page 3 of 3 5.) Did you provide plans and specifications to potential MIWBEs or information regarding the location of plans and specifications in order to assist the M[WBEs? X Yes No 6.) Submit documentation if MIWBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MIWBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection SEE ATTACHED, AWAITING PRICES ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MIWBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed 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 creates a material breach of Rev.05/30/03 ATTACHMENT 1C Page 4 of 3 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. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. � �. E�ttiL�S �• �z..���rc. " Authorized Signature Printed Signature PROJECT MANAGER CHARLES CROWDER Title Contact Name and Title (if different) HCE CONSTRUCTION INC. 214-398-7448 972-298-1113 Company Name Phone Number Fax Number 606 ORIOLE BLVD,#314 hceconstructionO-Yahoo.com Address Email Address DUNCANVILLE,TX 75116 02/08/06 City/State/Zip Date Rev.05/30/03 Joint Venture Page 1 of 3 FO RT WOMRT H CITY OF FORT WORTH Joint Venture Eligibility Form All questions must be answered,use"NA"if applicable. Name of City project: RENOVATION AT MEADOWBROOK GOLF COURSE A joint venture form must be completed on each project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: N/A ' Joint Venture Address: (If applicable) Telephone: Facsimile E-mail address Cellular: N/A: N/A: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the .oint venture M/WBE firm Non-M/WBE w name: 7HCE CONSTRUCTION INC. firm name: N/A Business Address: Business Address: 606 ORIOLE BLVD.,SUITE 314 City,State,Zip: City,State,Zip: ANN DUNCANVILLE,TX 75116 Telephone Facsimile E-mail Telephone Facsimile 214-398-7448 Cellular Cellular 972-740-8832 972-298-1113 1 hceconstruction@yahoo.com Certification Status: E-mail address Name of Certifying Agency: a N/A 3 2. Scope of work performed by the Joint Venture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: PAINTING DIVISIONS 3,5,6,7,A, 16,31,32&33 INSTALL RESTROOM PARTITION PLANTING&IRRIGATION RETAINING WALLS Rev.5130103 Joint Venture P 2of3 3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? N/A 4.Attach a copy of the joint venture agreement. 5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: N/A Capital contributions,including N/A equipment: Other applicable ownership interests: N/A 6.Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): N/A Management decisions: ,r a. Estimating N/A b. Marketing and Sales c. Hiring and Firing of management N/A personnel d. Purchasing of major equipment N/A and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance. Rev.5/30/03 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books,records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of M/WBE firm Name of non-M/WBE firm N/A N/A Printed Name of Owner Printed Name of Owner Signature o wner Signature of Owner G� w Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title MP Date Date nr Notarization State of rum County of o(.,�, gy� pp " f 0- On this day of 20 1 , before me appeared Aand to me personally known and who,being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public M W ( A �k tNa _ c�Avn,�e� MARIALINA S.VIRAY NOTARY PUBLIC Notary Public ' STATE OF TEXAS Signature '�OF t� My COMM.Exp.03.07.08 Rev. 5/30/03 Joint Venture Page 4 of 3 Commission Expires (seal) f' Rev. 5/30/03 WEATHER TABLE Month Average Inches Snow/Ice Days of of Pellets Rain Rainfall January 7 1.80 1 February 7 2.36 March 7 2.54 April 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 + December 6 1.82 ANNUALLY 77 32.30 1 (1) Mean number of days rainfall, 0.01" or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more * Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month, the contract period will be adjusted by Change Order. 03/10/2003 11:21 8178718488 CFW TPW ARCH SER PAGE 01/01 PROJECT DESIGNATION SIGN 1-1/2' FORT 'WORTH, 3• Project Title 1-1/2" /2"` Architect: Architects Name Iw 1-112" /2" Contractor: . 2-1IMContractors Name 1-3/4" FUNDED BY (List Bond Fund, etc) 11"x" SCHEDULED COMPLETION DAVE 1 1-1/2•. YEAR 4'-0^ SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 289. PROJECT TITLE, CONTRACTOR,BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA, CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288 BLUE. THE"MOLLY LOGO It PMS 725 BROWN, FoF,TW0F,TH TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items(or an attached order or invoice) To be Purchased: All Items I claim this exemption for the following reason: Name of exemption organization City of Fort Worth 4 Texas Sales and Use Tax Permit#1-75-6000528-6 I understand that I will be liable for payment of sales tax which may become due for failure to comply with the provision of the states,city and or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determine by thi"price paid for the taxable items purchased or the fair market rental value for the period of time use. - I understand that It Is a misdemeanor to give an exemption certificate to the seller taxable items which I know,at the time of purchase,will be used in a manner other than that expensed in this certificate and upon conviction,may be fined up to S500 per offense. Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section I. Purchasers: City of Fort Worth S et �e 1 e,,o i incl tp be provided Ci t�tQ Zip de: 9Fort W+o Texas 7610 Date.- Phone: Fax: This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or "tax exempt"numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. FINANCE DEPARTMENT PURC14ASJNG DIVISION THE CITY OF FORT WORTH * WOO THRocxmoRTON STREET * FORT WORTH,TERAS 76102 (817)871-8360 * FAx(817)871-8440 0 Prtnled on recycled 2000 BUILDING&CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE AIR CONDITIONING MECHANIC $15.96 PLASTERER 13.29 AIR CONDITIONING MECHANIC HELPER 8.81 PLASTERER HELPER 8.63 ACOUSTIC CEILING INSTALLER 13.82 PLUMBER 16.26 ACOUSTIC CEILING INSTALLER HELPER 9.79 PLUMBER HELPER 9.39 BRICKLAYER/STONE MASON 13.25 REINFORCING STEEL SETTER 11.88 BRICKLAYER/STONE MASON HELPER 9.86 REINFORCING STEEL HELPER 9.18 CARPENTER 13.00 ROOFER 13.17 CARPENTER HELPER 9.34 ROOFER HELPER 7.82 CONCRETE FINISHER 12.00 SHEET METAL WORKER 15.87 CONCRETE FINISHER HELPER 9.44 SHEET METAL WORKER HELPER 9.29 CONCRETE FORM BUILDER 11.59 SHEETROCK HANUER 12.70 CONCRETE FORM BUILDER HELPER 8.87 SHEETROCK HANGER HELPER 9.71 DRYWALL TAPER 11.87 SPRINKLER SYSTEM INSTALLER 16.93 " DRYWALL TAPER HELPER 8.25 SPRINKLER SYSTEM INSTALLER HELPER 7.81 ELECTRICIAN JOURNEYMAN 16.29 STEEL WORKER STRUCTURAL 14.66 ELECTRICIAN HELPER 10.20 STEEL WORKER STRUCTURAL HELPER 7.91 ELECTRONIC TECHNICIAN 12.86 WELDER 14.87 ELECTRONIC TECHNICIAN HELPER 12.67 WELDER HELPER 9.67 FLOOR LAYER(CARPET) 13.58 FLOOR LAYER(RESILIENT) 14.48 HEAVY EQUIPMENT OPERATORS = FLOOR LAYER HELPER 8.56 GLAZIER 13.66 EQUIPMENT OPERATORS 14.66 GLAZIER HELPER 9.26 CONCRETE PUMP OPERATORS 13.30 INSULATOR 15.89 INSULATOR HELPER 9.46 CRANE,CLAMSHELL,BACKHOE, LABORER COMMON 7.82 DERRICK,D'LINE SHO 13.03 LABORER SKILLED 9.66 LATHER 15.80 FORKLIFT OPERATOR 10.34 LATHER HELPER 11.75 FOUNDATION DRILL OPERATOR 11.66 METAL BUILDING ASSEMBLER 13.34 FRONT END LOADER OPERATOR 11.60 METAL BUILDING ASSEMBLER HELPER 7.85 TRUCK DRIVER 9.80 PAINTER 11.93 PAINTER HELPER 8.30 PIPEFITTER 14.33 PIPEFITTER HELPER 10.93 CITY OF FORT WORTH GENERAL CONSTRUCTION CONDITIONS City of Fort Worth, Texas Transportation Public Works Department Facilities Management Division/Architectural Services Section GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-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. A-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 Change Order,or by a written Field Order for a minor change. A-3 WORK. By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals,with all required attachments,including required bonds and insurance certificates,by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK. Before filing 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 fumished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. 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. Words that have well-recognized technical 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. A-8 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor,or Owner,and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect Contractor,or any subcontractor or materialsman,or involving any question of fault or liability of any party, 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 Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications fumished to him. All Drawings, Specifications and copies thereof fumished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract,are to be returned to the Owner on request at the completion of the work. Page 1 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth has goals for the participation of disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other Federally funded Projects. 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 of vice-versa,shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the specifications the better quality _ or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus,etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. 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, while engaged in performing this contract, shalt, in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants,or persons acting on their behalf, shall specify,in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-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 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 or his designated Building Construction Manager. The Director,Transportation will designate a Project Manager 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 may also be designated to perform 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 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 As used herein,the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. Page 2 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 B4 ARCHITECT AS REPRESENTATIVE OF THE OWNER The Building Construction Manager 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 will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-5 ACCESS TO JOB SITES. The 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 may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself 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 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 Building Construction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS. The Architect 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 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 BCM will have authority to reject work that does not conform to the Plans and Specifications. In addition,whenever,in its reasonable opinion,the BCM considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the BCM 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. B-8 MISCELLANEOUS DUTIES OF ARCHITECT. Shoo Drawings. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. 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. The Architect will conduct the final acceptance inspection and issue the Certificate of 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 Architect 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 Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager,the Director and of Transportation and Public Works Department and members of the Facilities Management Division. Generally speaking a designated representative will be a Building Construction Manager identified From within the Facilities Management Group to act as a point of contact for day-to-day contract administration. 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. Page 3 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 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 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 Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reflect 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 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 that the Work is substantially complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, 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-8 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. 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 term Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor, not as agent,or employee of the City. 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, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works 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 Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and Interpretations. D-5 SUPERVISION. The Contractor shall supervise and direct the Work,using his best skill and attention.He 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. — 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 low bidder 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. Page 4 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 D-7 PREVAILING WAGE RATE. The Contractor agrees to pay not less than the general prevailing rate of per diem 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 diem wages for a legal holiday and overtime work to all laborers, workmen and mechanics employed on the Work under this Contract.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,a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. D-8 WARRANTY. The Contractor warrants to the Owner and the Architect 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 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 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. D-10 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 Architect 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. D-11 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 site during the 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 shall be binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. 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. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the work herein provided for within the time herein fixed or to cant'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 Architect's 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 Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The contractor shall submit an updated progress schedule the BCM at least monthly for approval along 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. The Drawings, marked to record all changes made during construction,shall be delivered to the Owner upon completion of the Work.The Architect will prepare,and provide to the Owner,one complete set of reproducible record drawings of the work. Page 5 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 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 Subcontractor, 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 as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified,or as the Architect may require.At the time of submission the Contractor shall inform the Architect 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's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect 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'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 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 on previous submissions. The Architect'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 Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect'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 Architect 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,care and responsibility of the Contractor.Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.The Contractor shall rebuild,repair,restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance. 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-20 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 he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-clean"or its equivalent,except at otherwise specified.In addition to removal of rubbish and leaving the buildings"broom-clean",Contractor shall clean all glass,replace any broken glass,remove stains,spots,marks and dirt from decorated work,clean hardware,remove paint spots and smears from all surfaces,clean fixtures and wash all concrete,file 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. 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,I ntergovem mental 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 that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen. Page 6 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 E-2 AWARD OF SUBCONTRACTS. The bidder shall furnish a list of the names of the subcontractors 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 Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract,the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect 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. If,prior to the award of the Contract,the Owner or Architect has an objective to any person or organization on such list,and refuses to accept such person or organization, the apparent low bidder 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 discretion,accept the bid or he may disqualify the bid. If, after the award, the Owner or Architect 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 and the Architect,unless the substitution is also acceptable to the Owner and the Architect. 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 Subcontractor(and where appropriate between Subcontractors and Sub- subcontractors)which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect 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 Sub-subcontractor 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,whether or not such provisions are physically included in the sub- contract. E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE). 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 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 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 subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the Construction Manager. Upon request, 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. Contractor further agrees to permit an audit and/or examination of any books, records or files 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. 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 subcontractors used in meeting the goals must be certified prior to the award of the Contract. Page 7 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 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 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 M/WBE participation commitments submitted with or subsequent to the bid, R 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 — 4. 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.The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. 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 subcontractor,the Contractor shall pay that Subcontractor 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. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor,and he shall require T 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 EDA FUNDED PROJECTS The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA 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 subcontractor will be ineligible for reimbursement wholly or partially r from EDA grant fluids. 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. Page 8 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 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 Architect. 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 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 govern 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.He 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. Contractor agrees the 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. Page 9 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 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 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 Citys engineer and architect,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 any such iniury, damaae or death is caused, in whole or in part, by the negligence or alleged neali_aence of Owner, its officers, servants, or employees. 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 any such iniury or damage Is caused in whole or In pan'by the neallaence or alleged nealigence 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 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 may,if he deems it appropriate,refuse to accept bids on other City of Fort Worth public work 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 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 firm 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 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 fumished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal statutes. 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 10 percent of its capital and surplus. Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized, accredited,or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same,the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is less than $25,000, payment shall be made in one lump sum 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'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 save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified:however,if the Contractor has reason to believe that the design,process or product specified is an infringement of a patent,he shall be responsible for such loss unless he promptly gives such information to Owner. Page 10 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 G-11 TESTS. If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be inspected,tested or approved,the Contractor shall give the Owner timely notice of its readiness and the date arranged so the Architect 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'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 copies will be promptly delivered by him to the Owner.The Architect 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 or the Owner in their administration of the Construction Contract,nor inspections,tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents. 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 days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a minimum.Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at the time desired by the Contractor.In such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. 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 Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to cant'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, Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found,he shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the contractors 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 that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. 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.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 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. Page 11 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 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 to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. T G-17 INTEGRATING EXISTING WORK. The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to an 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. G-18. 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. G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items at his own expense if so directed by the Architect.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. 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 copies of such instructions shall be furnished to the Architect 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 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. Page 12 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 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-bome dust,or when directed by the 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 metal.When temporary heating devices are used,a watchman 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 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 cut without written consent from the Architect. 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'/z 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 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-27 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 Architect.Delivery of guarantees shall not relieve Contractor from any obligation assumed under 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, General 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. Page 13 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment,one print of each of the — drawings accompanying this specification shall be neatly and clearly 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 Architect. 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. G-29 CONSTRUCTION FENCE. At the Contractor's option,he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period.Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY,STORAGE,HANDLING. The Contractor shall handle,store and protect materials and products, ` including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. _ G-31 REMOVAL OF SALVAGED MATERIAL. The Contractor shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE:Catalog,brand names,and manufacturer's references are descriptive,not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the 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. SECTION H CONTRACT TIME H-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner The date of commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed,it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete,in accordance with the Contract Documents,so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager,and no other form of acceptance will be binding upon the Owner. A calendar day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday,regardless of whether a 'Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the BCM with final approval by City of Fort Worth. A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Legal holidays are defined as being New Year's Day, Independence Day, Labor Day,Thanksgiving Day,Christmas Day,Memorial Day,and Veteran's Day. H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall cavy the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 DELAYS AND EXTENSIONS OF TIME. If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect,or by any employee of the Owner,or by any separate contractor employed by the Owner,or by any separate contractor employed by the Owner,or by changes ordered in the Work,or by labor disputes,fire,unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect Page 14 - General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner.When the Contractor is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H-4 NO DAMAGE FOR DELAY. No payment, compensation or adjustment or any kind (other than the extensions of time provided for)shall be made to the contractor for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the contractor agrees that he will make no claim for compensation,damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time. SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM. The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SCHEDULE OF VALUES.Before the first Applicable for Payment,the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect,aggregating the total Contract Sum, divided so as to facilitate payments to Sub-contractors, prepared in such form as specified or as the Architect and the Contractor may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner,shall be used as a basis for the Contractor's Applications for Payment. 1�3 ADJUSTMENT OF QUANTITIES. I-4 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed,the Contractor will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent,bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as"liens";and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor,or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. 1-5 CERTIFICATES FOR PAYMENT. If the Contractor has made Application for Payment as above,the above,the Architect will,with reasonable promptness but not more than seven days after the receipt of the Application,prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the BCM's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the Owner that the Contractor be paid in the amount certified. In addition,the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works.For contracts less than$400,000,Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such Page 15 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any .. defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-6 PAYMENTS WITHHELD. The BCM may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The Architect ` may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment; r 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor, 6) Reasonable indication that the Work will not be completed within the Contract Time;or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them.The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the Contractor fails to perform the Work in accordance with the specifications. 1-7 Not used 1-8 LIQUIDATED DAMAGES:The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 T $15,001 to $25,000 $63 $25,001 to $50,000 $105 $50,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to$1,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 over$10,000,000 $980 1-9 FAILURE OF PAYMENT If, without fault on the part of the Contractor,the BCM should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment,if the Contractor's Application for Payment,or if,without fault on the part of the Contractor,the Owner should fail to approve such estimate or to pay to the Contractor 90%or 95% (as applicable)of the amount thereof within the period of time specified,then the Contractor may, upon seven (7)days additional written notice to the Owner and to the Architect,stop the Work until payment of the amount owing has been received. 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT _ Prior to the request for final payment,the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete,the Construction Manager shall inspect the project with the Contractor and prepare a"Preliminary Punch List". When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion(G704)which,when approved by the Owner,shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the responsibilities of the Owner and the Contractor for maintenance,heat,utilities,and insurance,shall set forth the remaining work as -- a"final punch list".The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of Occupancy has been issued,the retainage will be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to 2.5%. Page 16 ! General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 Should the Contractor fail to complete all contractual requirements of the contract,including submittals and final pay request within the fixed time,the contract time will again commence. Should the contractor fail to complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims(G706)stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707),if any,to final payment, 3) Contractor's Affidavit of Release of Liens(G706A),and, 4) Other data establishing payment or satisfaction of all such obligations,such as receipts,releases,and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens,the Contractor may,at the election of the Owner,furnish a bond satisfactory to the Owner to indemnify him against any right,claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made.The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,claim or lien,including all costs and reasonable attorney's fees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner.Final payment and release of the retainage amount will become due within fifteen days following acceptance. 1-11 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage,injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution or from the non-execution of the Work.The Contractor shall rebuild,repair,restore and make good,at his own expense,all injuries or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. Page 17 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work,the Contractor shall exercise the utmost care and shall cant'on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable,and not attributable to the fault or negligence of the _ Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor,employees and visitors.Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property,the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES. The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen,City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the work was undertaken. J-6 TRENCH SAFETY The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the Contractor shall include a per unit cost for trench safety measures in his bid. If not included in the Proposal,the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K-INSURANCE K-1 Insurance Required. The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's - Compensation. K-2 Workers'Compensation Insurance: 1) General a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City)a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. — b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City). c) By signing this contract or providing or causing to be provided a certificate of coverage,the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. — d) The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission, or a coverage agreement(TWCC-81,TWCC-82, TWCC-83,or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing " services on a project,for the duration of the project. Page 18 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 b) Duration of the Project. Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project("subcontractor"in section 406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 3) Requirements a) The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services of the project,for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The contractor shall obtain from each person providing services on a project,and provide to the City: I) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The contractor shall contractually require each person with whom it contracts to provide services on a project,to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; ii) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; iii) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts,and provide to the contractor: (1) a certificate of coverage,prior to the other person beginning work on the project;and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery,within ten (10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and vii) contractually require each person with whom it contracts, to perform as required by paragraphs N)-vii), with the certificates of coverage to be provided to the person for whom they are providing services. t 4) Posting of Required Worker's Compensation Coverage. a) The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: Page 19 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project - must be covered by worker's compensation insurance. This includes persons providing, hauling,or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Workers Compensation Commission at 512-440-3789 to receive information on the legal - requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employers failure to provide coverage." K-3 LIABILITY INSURANCE. The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract,including blasting,when blasting is done on,or in connection with the Work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor,or subcontractor performing the removal,shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE. v Unless stated otherwise in the Proposal or Invitation,the Contractor shall procure,pay for and maintain at all times during the term of this Contract, Builders Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion,smoke,aircraft,land vehicles,vandalism,and malicious mischief,at a limit equal to 100%of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE. The Contractor shall provide a certificate of insurance documenting the Transportation and Public Works Department,City of Fort Worth as a"Certificate Holder",and noting the specific project(s)covered by the Contractors insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents an/or insurers for the Contractors insurance coverages specified for the project(s). — K-6 OTHER INSURANCE RELATED REQUIREMENTS. 1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. _ 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and its suboontractor(s), if applicable, shall be authorized to do business in the State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the Citys sole discretion, a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurers action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. Page 20 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 8) The City of Fort Worth shall be entitled,upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect,issued after the execution of the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time.The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions,or by request of either the Contractor or the City,shall be coordinated with the Director,Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: 1) by mutual acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon;or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon,the Contractor,provided he receives a Change Order,shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings,including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases,the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the contract has been executed,the Architect,requests a price proposal from the Contractor for a proposed change in scope of the work,Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and price proposal to the Owner for approval. If the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval.If the negotiations do not result in an equitable solution,the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over$25,000. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days. Owner,and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. If unit prices are stated in the Contract Documents or subsequently agreed upon,and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor,the applicable unit prices shall be equitably adjusted to prevent such hardship. If the Contractor claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A, (2)any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or(3) any written order for a minor change in the Work,the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the Page 21 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 occurrence of the event that gave rise to such claim.This notice shall be given by the Contractor before proceeding to execute the Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if - approved by the Owner,shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered,the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: { 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent 115Y2). 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent 10° . L-4 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract - Documents. Such changes may be effected by Field Order or by other written order.Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents,or which order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall cant'out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK - M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner,it must be uncovered for observation and replaced,at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications,the cost of uncovering and replacement shall,by appropriate Change Order,be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it be found that this condition was caused by a separate contractor employed by the Owner. - M-2 CORRECTION OF WORK. The Contractor shall promptly correct all work rejected by the Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's _ additional service thereby made necessary. If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents,any of the work is found to be defective or not in accordance with the Contract Documents,the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally.The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary,and the - work shall be corrected to comply with the Contract Documents without cost to the Owner. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the the Owner, the Owner may remove it and may store the materials or equipment at the expense of the Contractor.If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such work at auction or at private sale and shall account for the net proceeds thereof,after deducting all the costs that - should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have bome, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. T M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the - Contractor. Page 22 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR. If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction,through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor,or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I,then the Contractor may after the end of such period of 30 days and upon seven additional days'written notice to the Owner,terminate the Contract. N-2 TERMINATION BY THE OWNER. If the contractor is adjudged as bankrupt,or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency. of if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor,or fails to comply with al Laws, Statutes,Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety,if any,seven (7)days'written notice,terminate the employment of the Contractor and take possession of the site and of all materials,equipment,tools,construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the Architect's additional services., exceed the unpaid balance of the Contract,the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part,whenever such termination is in the best - interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination 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 a 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 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 SECTION O SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. SECTION P TEMPORARY FACILITIES P-1 SCOPE. The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL. The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract,all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED. The Contractor is not required to provide a temporary field office or telephone for projects under$1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of$1,000,000.00,the Contractor shall provide a separate field office for the City's Page 23 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 field representative(but the separate office may be in the same structure).The buildings shall afford protection against the weather, and each office shall have a lockable door,at least one window,adequate electrical outlets and lighting,and a shelf large enough to accommodate perusal of the project drawings.Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday.During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field — representatives office:one deck,four chairs,plan rack and a four drawer filing cabinet(with lock).Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds,other temporary buildings or trailers on the project site as required for his use.Location of sheds and trailers shall be as approved by the Owner.Remove sheds when work is completed,or as directed. P-5 TELEPHONE. The Contractor shall provide and pay for telephone installation and service to the field offices described above.Service shall be maintained for the duration of operations under this contract.The Contractor shall provide for and pay for an automatic telephone-answering device at the site office for the duration of the project.Contractor will install separate fax lines and LL instruments for the City and the Contractor. P-6 TOILET FACILITIES. The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. T P-7 UTILITIES. Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use.The Contractor shall provide all labor and materials required to tap into the utilities.The Contractor shall make the connections and extend the service lines to the construction area for use of all trades.Upon completion of the work all utility lines shall be removed and repairs made to the existing lines.Only utilities at existing voltages,pressures,frequencies,etc.will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on r the Drawings.Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to cavy water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines,lights,heating plant,air conditioning system,pumps,and other work required.Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100 watt lamps. In any event, the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. P-6 HEATING. Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation,fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes.All such heating,ventilation and services shall be provided and maintained until final acceptance of all work.In addition,the Contractor shall - provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period,provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven(7)days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract.Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. The Contractor shall provide,maintain,and remove upon completion of the work,or sooner,if authorized by the Owner,all fences, barricades, lights, shoring, pedestrian walkways,temporary fire escapes, and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard. Page 24 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage,rainfall,drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD. The Contractor shall furnish,install and maintain during the life of the project a weather- tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking.The bulletin board shall be mounted where and as approved by the Owner,in a prominent place accessible to employees of the Contractor and sub-contractors,and to applicants for employment.The bulletin board shall remain the property of the Contractor and shall be removed by him upon completion of the Contract work.The following information which will be furnished by the City to the Contractor, shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster(Form SOL 155),with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas. Page 25 General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 5/14/2005 City of Fort Worth Meadowbrook Golf Course Club house 1/5/2006 SECTION 011000-SUMMARY PART 1 -GENERAL 1.1 SUMMARY OF WORK A. Project: Meadowbrook Golf Course Club House, 1815 Jenson Road,Fort Worth,Texas. B. Owner: City of Fort Worth,Parks and Recreation Department. C. Architect: Nader Design Group 210 West Sixth Street, Suite 1201,Fort Worth,Texas 76103. D. The Work consists of Expansion of exterior porch cover. 1.2 WORK RESTRICTIONS A. Contractor's Use of Premises: During construction, Contractor will have limited use of site and building area indicated. Contractor's use of premises is limited only by Owner's right to perform work or employ other contractors on portions of Project and as follows: 1. Owner will occupy premises during construction. Perform construction during normal working hours unless otherwise agreed to in advance by Owner. Clean up work areas and return to a useable condition at the end of each work period. Coordinate with owner for work hours. PART 2-PRODUCTS (Not Applicable) PART 3-EXECUTION(Not Applicable) END OF SECTION 011000 SUMMARY 011000- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 012000-PRICE AND PAYMENT PROCEDURES PART 1 -GENERAL 1.1 ALTERNATES i A. An alternate is an amount proposed by bidder for certain work that may be added to or deducted from the Base Bid amount if Owner accepts the Alternate. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate the Alternate into the Work. No other adjustments are made to the Contract Sum. B. Indicate on the Bid Form amounts to be deducted from or added to the Contract Sum for the following alternates: 1. Alternate Number 1: Furnish and install new wood and steel benches as detailed on sheet A301 in drawings. 2. Alternate Number 2: Remove and replace Men's room partitions with new phenolic partitions as specified in Section 102113-Toilet Compartments and as laid out in drawing sheet number A101. Include new toilet tissue dispensers as scheduled on sheet A101. 3. Alternate Number 3: Remove existing interior pendant lights and replace with new pendants "F"and new ceiling fans "G"as scheduled on sheet A103. 4. Alternate Number 4: Install fixture LDPI 381 series vapor proof fixture #381-4B-22- SG-DC, 22 watt fluorescent lamp, as fixture"A"in lue of Poulson Saturn fixture. 1.2 CONTRACT MODIFICATION PROCEDURES A. On Owner's approval of a proposal from Contractor on AIA Document G709, Architect will issue a Change Order on AIA Document G701, for all changes to the Contract Sum or the Contract Time. B. When Owner and Contractor disagree on the terms of a proposal, Architect may issue a Construction Change Directive on AIA Document G714, instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order. Construction Change Directive will contain a description of the change and designate the method to be followed to determine changes to the Contract Sum or the Contract Time. 1.3 PAYMENT PROCEDURES A. Submit a Schedule of Values at least [7] days before the initial Application for Payment. Break down the Contract Sum into at least one line item for each Specification Section in the Project Manual table of contents. Coordinate the Schedule of Values with Contractor's Construction Schedule. 1. Round amounts to nearest whole dollar;total shall equal the Contract Sum. PRICE AND PAYMENT PROCEDURES 012000- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 2. Provide separate line items in the Schedule of Values for initial cost of materials and for total installed value of that part of the Work. B. Submit [3] copies of each application for payment on AIA Document G702/703, according to the schedule established in Owner/Contractor Agreement. 1. With each Application for Payment, submit waivers of mechanic's liens from subcontractors, sub-subcontractors, and suppliers for construction period covered by the previous application. 2. Submit final Application for Payment after completion of Project closeout procedures with release of liens and supporting documentation. a. Include consent of surety to final payment on AIA Document G707 and insurance ! certificates. b. Submit final meter readings for utilities, a record of stored fuel, and similar data as of the date of Substantial Completion. — PART 2-PRODUCTS (Not Applicable) PART 3-EXECUTION(Not Applicable) END OF SECTION 012000 PRICE AND PAYMENT PROCEDURES 012000- 2 = City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 013000-ADMINISTRATIVE REQUIREMENTS PART 1 -GENERAL 1.1 PROJECT MANAGEMENT AND COORDINATION A. Coordinate construction to ensure efficient and orderly installation of each part of the Work. 1.2 SUBMITTAL PROCEDURES A. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 1. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 2. Submit three copies of each submittal. Architect will return one copy. 3. Architect will discard submittals received from sources other than Contractor. B. Place a permanent label or title block on each submittal for identification. Provide a space approximately 6 by 8 inches (150 by 200 mm) on label or beside title block to record Contractor's review and approval markings and action taken by Architect. Include the following information on the label: 1. Project name. 2. Date. 3. Name and address of Contractor. 4. Name and address of subcontractor or supplier. 5. Number and title of appropriate Specification Section. C. Identify deviations from the Contract Documents on submittals. PART 2-PRODUCTS 2.1 ACTION SUBMITTALS A. Product Data: Mark each copy to show applicable products and options. Include the following: 1. Manufacturer's written recommendations, product specifications, and installation instructions. y 2. Wiring diagrams showing factory-installed wiring. 3. Printed performance curves and operational range diagrams. 4. Testing by recognized testing agency. + 5. Compliance with specified standards and requirements. B. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. Submit ADMINISTRATIVE REQUIREMENTS 013000- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 on sheets at least 8-1/2 by 11 inches (215 by 280 mm) but no larger than 30 by 42 inches (762 by 1067 mm). Include the following: 1. Dimensions and identification of products. 2. Fabrication and installation drawings and roughing-in and setting diagrams. 3. Wiring diagrams showing field-installed wiring. — 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. C. Samples: Submit Samples for review of kind, color, pattern, and texture and for a comparison of these characteristics between submittal and actual component as delivered and installed. Include name of manufacturer and product name on label. _ 1. If variation is inherent in material or product, submit at least three sets of paired units that show variations. 2.2 INFORMATION SUBMITTALS A. Qualification Data: Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. B. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that — product complies with requirements in the Contract Documents. 2.3 DELEGATED DESIGN A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. 1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Architect. B. Delegated-Design Submittal: In addition to Shop Drawings, Product Data, and other required submittals, submit three copies of a statement, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional. 1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing — these services. 2.4 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal Gantt-chart-type _ schedule within 30 days of date established for the Notice to Proceed. B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. T ADMINISTRATIVE REQUIREMENTS 013000-2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 PART 3-EXECUTION 3.1 SUBMITTAL REVIEW A. Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Architect will review each action submittal, make marks to indicate corrections or modifications required, stamp and mark as appropriate to indicate action taken, and return copies less those retained. 3.2 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Distribute copies of approved schedule to Owner, Architect, subcontractors, testing and inspecting agencies, and parties identified by Contractor with a need-to-know schedule responsibility. When revisions are made, distribute updated schedules to the same parties. B. Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. 1. As the Work progresses, indicate Actual Completion percentage for each activity. END OF SECTION 013000 ADMINISTRATIVE REQUIREMENTS 013000- 3 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 014000 -QUALITY REQUIREMENTS PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Testing and inspecting services are specified in other Sections of these Specifications or are required by authorities having jurisdiction and shall be performed by independent testing agencies. 2. Unless otherwise directed, all materials testing services shall be provided under separate contract,paid for by the City. 3. Contractor is responsible for scheduling times for tests, inspections, and obtaining samples and notifying testing agency. 4. Retesting and Reinspecting: Contractor shall pay for additional testing and inspecting _ required as a result of tests and inspections indicating noncompliance with requirements. B. Submittals: Testing agency shall submit a certified written report of each test and inspection to Contractor, Owner, Architect, and to authorities having jurisdiction when they so direct. Reports of each inspection, test, or similar service shall include the following: 1. Name,address, and telephone number of testing agency. 2. Project title and number. 3. Date of issue. 4. Dates and locations of samples and tests or inspections. 5. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 6. Names of individuals making tests and inspections. 7. Description of the Work and test and inspection method. 8. Complete test or inspection data, test and inspection results, an interpretation of test results, and comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 9. Recommendations on retesting and reinspecting. 10. Name and signature of laboratory inspector. " C. Testing Agency Qualifications: An independent agency with the experience and capability to conduct testing and inspecting indicated; and where required by authorities having jurisdiction, that is acceptable to authorities. D. Testing Agency Responsibilities: Testing agency shall cooperate with Architect and Contractor in performing its duties and shall provide qualified personnel to perform inspections and tests. 1. Agency shall promptly notify Architect and Contractor of irregularities or deficiencies in the Work observed during performance of its services. QUALITY REQUIREMENTS 014000- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 2. Agency shall not release, revoke, alter, or increase requirements of the Contract Documents nor approve or accept any portion of the Work. 3. Agency shall not perform any duties of Contractor. E. Auxiliary Services: Cooperate with testing agencies and provide auxiliary services as requested, including the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of materials for testing, and assistance in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Security and protection for samples and for testing and inspecting equipment. F. Special Tests and Inspections: The City's assigned Construction inspector (CI) shall inspect and administer the project. G. Special Tests and Inspections: Conducted by a qualified testing agency as required by authorities having jurisdiction, as indicated in individual Specification Sections. H. Warranty Inspection: Warranty inspection shall be preformed during the 10`h month with the Architect,Engineers and Contractors. I. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. _ PART 2-PRODUCTS (Not Applicable) PART 3 -EXECUTION(Not Applicable) END OF SECTION 014000 QUALITY REQUIREMENTS 014000-2 City of Fort Worth Meadowbfook Golf Course Club House 1/5/2006 SECTION 017000-EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 -GENERAL 1.1 CLOSEOUT SUBMITTALS A. Record Drawings: Maintain a set of prints of the Contract Drawings as Record Drawings. Mark to show actual installation where installation varies from that shown originally. 1. Identify and date each Record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. Submit to Architect. PART 2-PRODUCTS (Not Applicable) PART 3-EXECUTION 3.1 EXAMINATION AND PREPARATION A. Examine substrates and conditions for compliance with manufacturer's written requirements including, but not limited to, surfaces that are sound, level, plumb, smooth, clean, and free of deleterious substances; substrates within installation tolerances; and application conditions within environmental limits. Proceed with installation only after unsatisfactory conditions have been corrected. B. Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to property survey and existing benchmarks. C. Take field measurements as required to fit the Work properly. Where fabricated products are to be fitted to other construction, verify dimensions by field measurement before fabrication and, when possible, allow for fitting and trimming during installation. 3.2 CUTTING AND PATCHING A. Do not cut structural members or operational elements without prior written approval of Architect. B. Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to minimize interruption to occupied areas. C. Patch with durable seams that are as invisible as possible. Provide materials and comply with installation requirements specified in other Sections. EXECUTION AND CLOSEOUT REQUIREMENTS 017000- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 3.3 INSTALLATION A. Comply with manufacturer's written instructions for installation. Anchor each product securely in place, accurately located and aligned with other portions of the Work. Clean exposed surfaces and protect from damage. B. Clean Project site and work areas daily, including common areas. 3.4 FINAL CLEANING A. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion: 1. Remove labels that are not permanent. 2. Clean transparent materials. Remove excess glazing compounds. Replace chipped or broken glass. 3. Clean exposed finishes to a dust-free condition, free of stains, films, and foreign substances. Sweep concrete floors broom clean. 4. Vacuum carpeted surfaces and wax resilient flooring. 5. Clean light fixtures, lamps, globes, and reflectors. 6. Clean Project site, yard, and grounds, in areas disturbed by construction activities. Sweep paved areas; remove stains, spills, and foreign deposits. Rake grounds to a smooth, even-textured surface. 3.5 CLOSEOUT PROCEDURES A. Substantial Completion: Before requesting Substantial Completion inspection, complete the following: 1. Prepare a list of items to be completed and corrected (punch list), the value of items on ._ the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, maintenance service agreements, and similar documents. T 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Submit Record Drawings, operation and maintenance manuals, and similar final record information. 6. Deliver tools, spare parts,extra materials, and similar items. 7. Make final changeover of permanent locks and deliver keys to Owner. T 8. Remove temporary facilities and controls. 9. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. T 10. Complete final cleaning requirements, including touchup painting. 11. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. _ B. Submit a written request for inspection for Substantial Completion. On receipt of request, Architect will proceed with inspection or advise Contractor of unfulfilled requirements. EXECUTION AND CLOSEOUT REQUIREMENTS 017000- 2 — City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 Architect will prepare the Certificate of Substantial Completion after inspection or will advise Contractor of items that must be completed or corrected before certificate will be issued. C. Request inspection for Final Completion, once the following are complete: .. 1. Submit a copy of Substantial Completion inspection list stating that each item has been completed or otherwise resolved for acceptance. 2. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. D. Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. E. Submit a written request for final inspection for acceptance. On receipt of request, Architect will proceed with inspection or advise Contractor of unfulfilled requirements. Architect will prepare final Certificate for Payment after inspection or will advise Contractor of items that must be completed or corrected before certificate will be issued. 3.6 DEMONSTRATION AND TRAINING A. Engage qualified instructors to instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and equipment not part of a system. Include a detailed review of the following: 1. Include instruction for basis of system design and operational requirements, review of documentation, emergency procedures, operations, adjustments, troubleshooting, maintenance, and repairs. END OF SECTION 017000 EXECUTION AND CLOSEOUT REQUIREMENTS 017000- 3 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 024119-SELECTIVE STRUCTURE DEMOLITION PART1 -GENERAL 1.1 SECTION REQUIREMENTS A. Items indicated to be removed and salvaged remain Owner's property. Remove, clean, and deliver to Owner's designated storage area. B. Comply with EPA regulations and hauling and disposal regulations of authorities having jurisdiction. C. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. D. It is not expected that hazardous materials will be encountered in the Work. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Owner will remove hazardous materials under a separate contract. PART 2-PRODUCTS (Not Applicable) PART 3-EXECUTION 3.1 DEMOLITION A. Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. Before proceeding with demolition, provide temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of the building. B. Locate, identify, shut off, disconnect, and cap off utility services and mechanical/electrical systems serving areas to be selectively demolished. C. Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. D. Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain or construction being demolished. E. Provide temporary weather protection to prevent water leakage and damage to structure and interior areas. F. Protect walls, ceilings, floors, and other existing finish work that are to remain. Erect and maintain dustproof partitions. Cover and protect furniture, furnishings, and equipment that have not been removed. SELECTIVE STRUCTURE DEMOLITION 024119- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 G. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. H. Promptly remove demolished materials from Owner's property and legally dispose of them. Do not burn demolished materials. END OF SECTION 024119 I SELECTIVE STRUCTURE DEMOLITION 024119-2 — City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 033000 - CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Product Data,concrete mix designs and submittals required by ACI 301. B. Ready-Mixed Concrete Producer Qualifications: ASTM C 94/C 94M. C. Comply with ACI 301, "Specification for Structural Concrete"; ACI 117, "Specifications for Tolerances for Concrete Construction and Materials"; and CRSI's "Manual of Standard Practice." PART 2-PRODUCTS 2.1 MATERIALS A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60(Grade 420), deformed. - B. Plain Steel Wire: ASTM A 82,as drawn. C. Plain-Steel Welded Wire Reinforcement: ASTM A 185, fabricated from as-drawn steel wire into flat sheets. D. Deformed-Steel Welded Wire Reinforcement: ASTM A 497, flat sheet. E. Portland Cement: ASTM C 150,Type I or II. F. Fly Ash: ASTM C 618,Type C or F. G. Aggregates: ASTM C 33,uniformly graded. - H. Air-Entraining Admixture: ASTM C 260. I. Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber, or ASTM D 1752, cork or _ self-expanding cork. J. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet. 2.2 MIXES A. Comply with ACI 301 requirements for concrete mixtures. - CAST-IN-PLACE CONCRETE 033000- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 B. Normal-Weight Concrete: Prepare design mixes, proportioned according to ACI 301, as follows: 1. Minimum Compressive Strength: 3000 psi(20.7 MPa) at 28 days. 2. Maximum Water-Cementitious Materials Ratio: 0.50. 3. Slump Limit: 4 inches (100 mm)to 5 inches (125 mm). — 4. Air Content: Maintain within range permitted by ACI 301. Do not allow air content of floor slabs to receive troweled finishes to exceed 3 percent. C. Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M. T 1. When air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. PART 3 -EXECUTION 3.1 CONCRETING A. Construct formwork according to ACI 301 and maintain tolerances and surface irregularities within ACI 347R limits of Class A, 1/8 inch (3.2 mm) for concrete exposed to view and _ Class C, 1/2 inch(13 mm) for other concrete surfaces. B. Place vapor retarder on prepared subgrade, with joints lapped 6 inches(150 mm)and sealed. C. Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. D. Install construction, isolation, and contraction joints where indicated. Install full-depth joint- filler strips at isolation joints. E. Place concrete in a continuous operation and consolidate using mechanical vibrating equipment. F. Protect concrete from physical damage, premature drying, and reduced strength due to hot or cold weather during mixing, placing, and curing. G. Formed Surface Finish: Smooth-formed finish for concrete exposed to view, coated, or covered by waterproofing or other direct-applied material;rough-formed finish elsewhere. H. Slab Finishes: Comply with ACI302.11Z for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. Provide the following finishes: 1. Nonslip-broom finish to exterior concrete platforms, steps, and ramps. 2. Match existing adjacent surfaces. I. Cure formed surfaces by moist curing for at least seven days. J. Begin curing concrete slabs after finishing. Keep concrete continuously moist for at least seven days. K. Owner will engage a testing agency to perform field tests and to submit test reports. CAST-IN-PLACE CONCRETE 033000-2 - City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 L. Protect concrete from damage. Repair surface defects in formed concrete and slabs. END OF SECTION 033000 ••r CAST-IN-PLACE CONCRETE 033000-3 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 051200-STRUCTURAL STEEL FRAMING PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Shop Drawings. B. Comply with AISC's "Specification for Structural Steel Buildings - Allowable Stress Design ` and Plastic Design," RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts," and AWS D1.1/D1.1M, "Structural Welding Code- Steel." PART 2-PRODUCTS 2.1 STRUCTURAL STEEL A. W-Shapes: ASTM A 992/A 992M. B. Channels, Angles: ASTM A 36/A 36M C. Plate and Bar: ASTM A 361A 36M. D. Steel Pipe: ASTM A 53,Type E or S, Grade B, standard weight(Schedule 40)unless otherwise -_ indicated. 2.2 ACCESSORIES A. High-Strength Bolts, Nuts, and Washers: ASTM A 325 (ASTM A 325M), Type 1, heavy hex steel structural bolts; ASTM A 563 (ASTM A 563M) heavy hex carbon-steel nuts; and ASTM F 436(ASTM F 436M)hardened carbon-steel washers. B. Anchor Rods: ASTM F 1554, Grade 36. 1. Nuts: ASTM A 563 (ASTM A 563M)heavy hex carbon steel. 2. Plate Washers: ASTM A 36/A 36M carbon steel. 3. Washers: ASTM F 436(ASTM F 436M)hardened carbon steel. C. Primer: Fabricator's standard lead- and chromate-free, nonasphaltic, rust-inhibiting primer.. D. Grout: ASTM C 1107,nonmetallic, shrinkage resistant, factory packaged. STRUCTURAL STEEL FRAMING 051200- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 2.3 FABRICATION A. Fabricate and assemble structural steel in shop to greatest extent possible. Fabricate according to AISC's "Code of Standard Practice for Steel Buildings and Bridges"and its "Specification for Structural Steel Buildings-Allowable Stress Design and Plastic Design." B. Shop Priming: Prepare surfaces according to SSPC-SP 2, "Hand Tool Cleaning" or SSPC-SP 3, "Power Tool Cleaning." Shop prime steel to a dry film thickness of at least 1.5 mils (0.038 mm). Do not prime surfaces to be embedded in concrete or mortar or to be field welded. PART 3-EXECUTION 3.1 ERECTION A. Set structural steel accurately in locations and to elevations indicated and according to AISC's "Code of Standard Practice for Steel Buildings and Bridges" and its "Specification for Structural Steel Buildings-Allowable Stress Design and Plastic Design." B. Base and Bearing Plates: Clean bearing surfaces of bond-reducing materials, and roughen surfaces prior to setting plates. Clean bottom surface of plates. _ 1. Set base and bearing plates for structural members on wedges, shims, or setting nuts. 2. Weld plate washers to top of base plate. 3. Snug-tighten anchor rods after supported members have been positioned and plumbed. Cut off protruding wedges or shims flush with edge of plate before packing with grout. 4. Promptly pack grout solidly between bearing surfaces so no voids remain. Neatly finish exposed surfaces; protect grout and allow it to cure. C. Align and adjust various members forming part of complete frame or structure before permanently fastening. Before assembly, clean bearing surfaces and other surfaces that will be r in permanent contact with members. Perform necessary adjustments to compensate for discrepancies in elevations and alignment. D. Do not use thermal cutting during erection unless approved by Architect. Finish thermally cut sections within smoothness limits in AWS D1.1/D1.1M]. E. High-Strength Bolts: Install high-strength bolts according to RCSC's "Specification for Structural Joints Using ASTM A 325 or A490 Bolts" for type of bolt and type of joint specified. 1. Joint Type: Snug tightened. F. Weld Connections: Comply with AWS D1.1/D1.1M for welding procedure specifications, tolerances, appearance, and quality of welds and for methods used in correcting welding work. END OF SECTION 051200 STRUCTURAL STEEL FRAMING 051200-2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 055000-METAL FABRICATIONS PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Shop Drawings showing details of fabrication and installation. PART 2-PRODUCTS 2.1 METALS A. Steel Plates, Shapes, and Bars: ASTM A 36/A 36M. f B. Steel Tubing: Cold-formed steel tubing complying with ASTM A 500. C. Steel Pipe: ASTM A 53, standard weight(Schedule 40), black finish. D. Aluminum Extrusions: ASTM B 221 (ASTM B 221M), Alloy 6063-T6. 2.2 GROUT A. Nonshrink, Nonmetallic Grout: ASTM C 1107; recommended by manufacturer for exterior applications. 2.3 FABRICATION A. General: Shear and punch metals cleanly and accurately. Remove burrs and ease exposed - edges. Form bent-metal corners to smallest radius possible without impairing work. B. Welding: Weld corners and seams continuously. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. At exposed connections, finish welds and surfaces smooth with contour of welded surface matching those adjacent. C. On units indicated to be cast into concrete or built into masonry, provide welded steel strap anchors, 1/8 by 1-1/2 inches (3.2 by 38 mm), with a minimum 6-inch(150-mm) embedment and 2-inch (50-mm) hook, not less than 8 inches (200 mm) from ends and corners of units and 24 inches (600 mm)o.c. D. Fabricate steel girders for wood frame construction from continuous steel shapes of sizes indicated. E. Fabricate steel pipe columns with 1/2-inch(12-mm) steel base plates and 1/4-inch(6-mm) steel top plates welded to pipe with continuous fillet weld same size as pipe wall thickness, unless METAL FABRICATIONS 055000- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 detailed otherwise. Drill top plates for connection bolts and base plates for 5/8-inch (16-mm) anchor bolts. F. Fabricate nosings from cast aluminum with an integral abrasive finish. 1. Apply bituminous paint to concealed surfaces of units set into concrete. 2.4 STEEL AND IRON FINISHES A. Hot-dip galvanize steel fabrications at exterior locations. B. Prepare uncoated ferrous metal surfaces to comply with SSPC-SP 3, 'Power Tool Cleaning," and paint with a fast-curing, lead- and chromate-free, universal modified-alkyd primer complying with MPI#79. PART 3-EXECUTION 3.1 INSTALLATION A. Perform cutting, drilling, and fitting required for installing miscellaneous metal fabrications. T Set metal fabrication accurately in location, alignment, and elevation; with edges and surfaces level,plumb, true, and free of rack. B. Fit exposed connections accurately together to form hairline joints. C. Coat concealed surfaces of aluminum that will come into contact with grout, concrete, masonry, — wood, or dissimilar metals with a heavy coat of bituminous paint. END OF SECTION 055000 METAL FABRICATIONS 055000-2 — City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 055200 -METAL RAILINGS PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Shop Drawings. PART 2-PRODUCTS 2.1 METALS A. Steel Pipe: ASTM A 53,Schedule 40. B. Steel Tubing: ASTM A 500(cold formed) or ASTM A 513,Type 5 (mandrel drawn). 2.2 OTHER MATERIALS A. Nonshrink, Nonmetallic Grout: ASTM C 1107; recommended by manufacturer for exterior applications. 2.3 FABRICATION A. Assemble railing systems in shop to the greatest extent possible. Use connections that maintain structural value of joined pieces. B. Form changes in direction of railing members by bending. C. Fabricate railing systems and handrails for connecting members by welding. D. Provide manufacturer's standard wall brackets, flanges, miscellaneous fittings, and anchors to - connect handrail and railing members to other construction. E. Provide wall returns at ends of wall-mounted handrails. 2.4 FINISHES A. Steel Railings: Hot-dip galvanized after fabrication, ASTM A 123; cleaned and shop primed after galvanizing. METAL RAILINGS 055200- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 PART 3-EXECUTION 3.1 INSTALLATION A. Fit exposed connections accurately together to form tight, hairline joints. T B. Set railings accurately in location, alignment, and elevation and free of rack. C. Coat concealed surfaces of aluminum that will be in contact with cementitious materials or dissimilar metals, with a heavy coat of bituminous paint. D. Anchor posts in concrete by forming or core-drilling holes 5 inches (125 mm)deep and 3/4 inch (20 mm) greater than OD of post. Fill annular space between post and concrete with nonshrink, nonmetallic grout. E. Attach handrails to wall with wall brackets. END OF SECTION 055200 METAL RAILINGS 055200-2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 061800 -GLUED-LAMINATED CONSTRUCTION PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Structural Performance: Provide structural glulam timber capable of withstanding design loads indicated according to AITC 117-DESIGN or as determined according to ASTM D 3737. B. Submittals: Product Data including specifications and installation instructions and Shop Drawings showing full dimensions of each member and layout of entire structural glulam system. Show large-scale details of connections. C. Standards: Comply with ANSI/AITC A 190.1, "Structural Glued Laminated Timber."Factory mark with AITC Quality Mark or APA trademark on surfaces that will not be exposed in completed Work. D. Comply with AITC 111, "Recommended Practice for Protection of Structural Glued Laminated Timber During Transit, Storage, and Erection." PART 2-PRODUCTS 2.1 STRUCTURAL GLUED-LAMINATED UNITS A. Species: Southern pine or Douglas fir. B. Appearance: Architectural grade. C. Adhesive: ASTM D 2559, wet-use type. D. Seal Coat: After fabricating and sanding each unit, and end-coat sealing, apply a heavy saturation coat of penetrating sealer on surfaces of each unit. PART 3 -EXECUTION 3.1 INSTALLATION A. Install structural glued-laminated timber for a close fit and neat appearance of joints. Carefully trim ends to fit connectors, mark and drill for bolts, and seal cuts with end sealer. B. Handle and temporarily support members to prevent visible surface damage. When hoisting members into place, use padded slings, and protect corners with wood blocking. C. Brace members as they are placed to maintain safe condition until full stability is provided. GLUED-LAMINATED CONSTRUCTION 061800- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 END OF SECTION 061800 GLUED-LAMINATED CONSTRUCTION 061800-2 - City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 064013 -EXTERIOR ARCHITECTURAL WOODWORK PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Shop Drawings. B. Quality Standard: Architectural Woodwork Institute's "Architectural Woodwork Quality Standards." PART 2-PRODUCTS 2.1 MATERIALS A. Hardboard: AHA A135.4. B. Preservative Treatment: Comply with WDMA I.S.4 for items indicated to receive water- repellent preservative treatment. C. Fasteners for Exterior Woodwork: 1. Screws: stainless steel. 2.2 EXTERIOR WOODWORK A. Complete fabrication to maximum extent possible before shipment to Project site. Disassemble components only as necessary for shipment and installation. Where necessary for fitting at site, provide ample allowance for scribing, trimming,and fitting. B. Exterior Ornamental Work: Premium grade, made from teak. PART 3-EXECUTION 3.1 INSTALLATION A. Install woodwork to comply with referenced quality standard for grade specified. B. Install woodwork true and straight with no distortions. Shim as required with concealed shims. Install level and plumb to a tolerance of 1/8 inch in 96 inches (3 mm in 2400 mm). C. Scribe and cut woodwork to fit adjoining work, and refinish cut surfaces or repair damaged finish at cuts. EXTERIOR ARCHITECTURAL WOODWORK 064013 - 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 D. Anchor woodwork to anchors or blocking built in or directly attached to substrates. Fasten with countersunk concealed fasteners. END OF SECTION 064013 EXTERIOR ARCHITECTURAL WOODWORK 064013 -2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 075213 -(APP)MODIFIED BITUMINOUS MEMBRANE ROOFING PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Shop Drawings of tapered insulation. B. Exterior Fire-Test Exposure: ASTM E 108,Class B. C. Installation Standard: NRCA/ARMA's "Quality Control Recommendations for Polymer Modified Bitumen Roofing." D. Warranties: Manufacturer's standard form, without monetary limitation, signed by roofing manufacturer agreeing to repair leaks due to defects in materials or workmanship for period of 20 years. PART 2-PRODUCTS 2.1 ROOFING MATERIALS A. Roofing Membrane Sheet: ASTM D 5147,Polyester reinforced granular surfaced APP modified bitumen cap sheet. B. Auxiliary Materials: Recommended by roofing system manufacturer for intended use and as follows: 1. Base Sheet: ASTM D 5147,Fiberglass reinforced smooth surface APP modified bitumen base. 2. Base Flashing: Manufacturer's standard APP-modified bituminous sheet, smooth surface. 2.2 ROOFING INSULATION A. Tapered Fesco Board,perlite based thermal roof insulation. B. Fabricate tapered insulation with slope of 1/4 inch per 12 inches (1:48) unless otherwise indicated. PART 3-EXECUTION 3.1 INSTALLATION A. Install tapered insulation board with long joints continuous and perpendicular to roof slopes with end joints staggered. Tightly butt substrate boards together and fasten to wood deck. (APP)MODIFIED BITUMINOUS MEMBRANE ROOFING 075213 - 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 B. Mechanically fasten first layer of insulation with at least 1 fastener for each 4 sq. ft. (0.38 sq. m) and at least 2 fasteners per board. Install subsequent layers with a heavy coating of a one-part cold adhesive. C. Install and secure cant strips and nailer strips. D. Install one lapped base-sheet course.Heat weld to substrate. E. Install modified bituminous roofing membrane cap sheet over base sheet. Heat weld to _ substrate. F. Maintain uniform side and staggered end laps. Bond and seal laps, leaving no voids. G. Flashing: Extend 8 inches (200 mm)above roof and 4 inches (100 mm) onto roof and secure to substrate. END OF SECTION 075213 (APP) MODIFIED BITUMINOUS MEMBRANE ROOFING 075213 - 2 City of Fort Worth Meadowbrook Golf Course Club House 1!5!2006 SECTION 077100-ROOF SPECIALTIES PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Product Data, Shop Drawings, and color Samples. PART 2-PRODUCTS 2.1 MATERIALS A. Aluminum Sheet: ASTM B 209 (ASTM B 209M), alloy and temper as recommended by manufacturer for use intended and finish indicated. B. Aluminum Extrusions: ASTM B 221 (ASTM B 221M), alloy and temper as recommended by manufacturer for use intended and finish indicated. C. Aluminum Finish: High-performance organic; AA-C12C42R1x; three-coat fluoropolymer system complying with AAMA 2605, with finish coats containing at least 70 percent polyvinylidene fluoride resin by weight. D. Prepainted, Zinc-Coated Steel Sheet: ASTM A 653/A 653M, G90 (Z275) coating designation, structural quality, and prepainted by the coil-coating process to comply with ASTM A 755/A 755M. 1. Finish: High-performance organic; three-coat fluoropolymer system with finish coats containing at least 70 percent polyvinylidene fluoride resin by weight. 2.2 ROOF SPECIALTIES A. General: Provide materials and types of fasteners, protective coatings, separators, sealants, and - other miscellaneous items required by manufacturer for a complete installation. B. Expansion Joint cover: Manufactured flexible rubber membrane of black EPDM supported by closed cell foam with two 0.032"aluminum flanges. C. Fascia: Manufactured, two-piece fascia consisting of metal fascia cover and a continuous galvanized steel cant with integral drip-edge cleat to engage fascia cover. Provide mitered and welded corner units. Fabricate from exposed metal indicated below. 1. Match existing D. Gravel Stops: Manufactured, one-piece, formed-metal gravel stop, with a horizontal flange and vertical leg fascia terminating in a drip edge, continuous hold-down cleat, and concealed splice plates. Provide mitered and welded or soldered corner units. Fabricate from exposed metal indicated below. ROOF SPECIALTIES 077100- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 1. Match existing. E. Gutters and Downspouts: 1. Downspouts: Round, manufactured from the following exposed metal. Furnish wall brackets of same material and finish as downspouts, with anchors. a. Extruded Aluminum: 0.125 inch(3.2 mm)thick. PART 3-EXECUTION 3.1 INSTALLATION A. Coordinate with installation of roof decks and other substrates to produce a watertight assembly capable of withstanding inward and outward loading pressures, and thermal and lateral loads. B. Coat back side of aluminum roof specialties with bituminous coating where they will contact wood, ferrous metal, or cementitious construction. C. Expansion Provisions: Install running lengths not exceeding 12 feet (3.6 m), to allow controlled expansion for movement of metal components, and to prevent water leakage, deformation, or damage. END OF SECTION 077100 ROOF SPECIALTIES 077100-2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 084113-ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS PARTI -GENERAL 1.1 SECTION REQUIREMENTS A. Structural Performance: Provide systems, including anchorage, capable of withstanding loads indicated. 1. Main-Framing-Member Deflection: Limited to 1/175 of clear span or 3/4 inch(19 mm), whichever is smaller. 2. Structural Testing: Systems tested according to ASTM E 330 at 150 percent of inward = and outward wind-load design pressures do not evidence material failures, structural distress, deflection failures, or permanent deformation of main framing members exceeding 0.2 percent of clear span. B. Air Infiltration: Limited to 0.06 cfm/sq. ft. (0.03 L/s per sq, m) of system surface area when tested according to ASTM E 283 at a static-air-pressure difference of 1.57 lbf/sq. ft. (75 Pa). C. Water Penetration: Systems do not evidence water leakage when tested according to ASTM E 331 at minimum differential pressure of 20 percent of positive wind-load design pressure,but not less than 6.241bf/sq.ft.(300 Pa). D. Average U-Factor: Not more than 0.69 Btu/sq. ft. x h x deg F (3.92 W/sq. m x K) per AAMA 1503. E. Submittals: Product Data,Shop Drawings, and color Samples. 1. For entrance systems, include hardware schedule and locations. PART 2-PRODUCTS 2.1 ALUMINUM-FRAMED STOREFRONTS A. Aluminum: Alloy and temper recommended by manufacturer for type of use and finish indicated;ASTM B 209(ASTM B 209M)sheet;ASTM B 221 (ASTM B 221M)extrusions. B. Glazing: 1"insulated,Low"E", clear,tempered glass. C. Sealants and Joint Fillers: One-part medium modulus Silicone sealant. Dow Corning 795 or equal. D. Framing Members: Manufacturer's standard extruded-aluminum framing members of thickness required and reinforced as required to support imposed loads. E. Doors: 1-3/4-inch- (44.5-mm-) thick glazed doors with minimum 0.125-inch- (3.2-mm-)thick, extruded tubular rail and stile members, mechanically fastened corners with reinforcing brackets ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS 084113 - 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 that are deep penetration and fillet welded or that incorporate concealed tie-rods, snap-on extruded-aluminum glazing stops, and preformed gaskets. 1. Exterior Doors: Provide compression weather stripping at fixed stops. At other locations,provide sliding weather stripping retained in adjustable strip mortised into door edge. 2. Hardware: Reference Door and hardware schedule on drawings. — F. Fasteners and Accessories: Compatible with adjacent materials, corrosion-resistant, nonstaining, and nonbleeding. Use concealed fasteners except for application of door hardware. G. Fabrication: Fabricate framing in profiles indicated for flush glazing(without projecting stops). Provide subframes and reinforcing of types indicated or, if not indicated, as required for a _ complete system Factory assemble components to greatest extent possible. Disassemble components only as necessary for shipment and installation. 1. Door Framing: Reinforce to support imposed loads. Factory assemble door and frame units and factory install hardware to greatest extent possible. Reinforce door and frame units for hardware indicated. Cut, drill, and tap for factory-installed hardware before finishing components. H. Aluminum Finish: Comply with NAAMMs "Metal Finishes Manual for Architectural and Metal Products."Match Existing. 1. Color: Match Existing. PART 3-EXECUTION 3.1 INSTALLATION A. Isolate metal surfaces in contact with incompatible materials, including wood, by painting contact surfaces with bituminous coating or primer, or by applying sealant or tape recommended by manufacturer. B. Install components to provide a weatherproof system. C. Install framing components true in alignment with established lines and grades to the following tolerances: 1. Variation from Plane: Limit to 1/8 inch in 12 feet(3 mm in 3.7 m); 1/4 inch(6 mm) over total length. 2. Alignment: For surfaces abutting in line, limit offset to 1/16 inch(1.5 mm). For surfaces meeting at comers, limit offset to 1/32 inch(0.8 mm). 3. Diagonal Measurements: Limit difference between diagonal measurements to 1/8 inch(3 mm). D. Install doors without warp or rack. Adjust doors and hardware to provide tight fit at contact points and smooth operation. END OF SECTION 084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS 084113 -2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 099100-PAINTING PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Summary: Paint exposed surfaces,new and existing,unless otherwise indicated. 1. Do not paint prefinished items, items with an integral finish, operating parts, and labels unless otherwise indicated. B. Submittals: 1. Product Data. 2. Samples. C. MPI Standards: 1. Products: Complying with MPI standards indicated and listed in "MPI Approved Products List." 2. Preparation and Workmanship: Comply with requirements in "MPI Architectural Painting Specification Manual" and "MPI Maintenance Repainting Manual" for products and paint systems indicated. D. Mockups: Full-coat finish Sample of each type of coating, color, and substrate, applied where directed. E. Extra Materials: Deliver to Owner 1 gal. (3.8 L) of each color and type of finish coat paint used on Project, in containers, properly labeled and sealed. PART 2-PRODUCTS 2.1 PAINT A. Available Products: 1. ICI Paint. 2. Sherwin Williams Paint. 3. Approved equal. B. Material Compatibility: Provide materials that are compatible with one another and with substrates. 1. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. PAINTING 099100- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 C. Colors: As scheduled on drawings. PART 3-EXECUTION 3.1 PREPARATION A. Remove hardware, lighting fixtures, and similar items that are not to be painted. Mask items that cannot be removed. Reinstall items in each area after painting is complete. B. Clean and prepare surfaces in an area before beginning painting in that area. Schedule painting so cleaning operations will not damage newly painted surfaces. 3.2 APPLICATION — A. Apply paints according to manufacturer's written instructions. 1. Use brushes only for exterior painting and where the use of other applicators is not practical. 2. Use rollers for finish coat on interior walls and ceilings. B. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags,ropiness, or other surface imperfections. Cut in sharp lines and color breaks. 1. If undercoats or other conditions show through topcoat, apply additional coats until cured film has a uniform paint finish, color, and appearance. — C. Apply stains and transparent finishes to produce surface films without color irregularity, cloudiness, holidays, lap marks, brush marks, runs, ropiness, or other imperfections. Use _ multiple coats to produce a smooth surface film of even luster. 3.3 EXTERIOR PAINT APPLICATION SCHEDULE A. Steel: 1. Satin, Quick-Dry Enamel: Two Coats over rust-inhibitive primer: MPI EXT 5.1A. On new steel surfaces that exhibit mill scale, rust formation, etc. must be cleaned by hand scraping, wirebrushing, power-tool cleaning. Any unprimed surfaces to be primed with DTM flat primer. 2 coats of finish. On existing steel wash and rinse surface to remove contaminants. Remove loose paint. Scrub heavy chalk areas and overhead areas with soap and water. Remove all mildew with a solution of 16 ounces of liquid household bleach _ and two ounces of non-ammoniated liquid detergent per gallon of water. Rinse clean and allow to dry thoroughly before painting.Apply primer to bare areas. B. Wood Glu-lam Beams. 1. Satin Latex: Two coats over primer: MPI EXT 6.1A. PAINTING 099100-2 — City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 C. Dimension Lumber: Including underside of decking,siding and Fascias. 1. Satin Latex: Two coats over primer: MPI EXT 6.2A. On existing wood surfaces remove loose paint, with soap and water. Remove all mildew and rinse clean and allow to dry. END OF SECTION 099100 - PAINTING 099100-3 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 102113 -TOILET COMPARTMENTS PART I -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Product Data,Shop Drawings, and Samples. PART 2-PRODUCTS 2.1 TOILET COMPARTMENTS AND SCREENS A. Available Products: 1. Knickerbocker"New Yorker". 2. Approved Equal. 2.2 MATERIALS A. Panel,Pilaster,and Door Material: 1. Solid-Plastic, Phenolic Core: Solid phenolic core with melamine facing on both sides, without visible glue line or seam, with eased edges and with minimum 3/4-inch- (19-mm- )thick doors and pilasters and minimum 1/2-inch- (13-mm-)thick panels and screens. 2. Color: To be selected from manufacturers full range of colors. B. Core Material for Plastic Laminate: ANSI A208.1, Grade M-2 particleboard, in thicknesses required to provide nominal thicknesses of I inch (25 mm) minimum for doors, panels, and screens and 1-1/4 inches(32 mm) minimum for pilasters. C. Pilaster Shoes and Sleeves (Caps): Stainless steel, not less than 3 inches(75 mm)high. D. Brackets: Stirrup. 1. Material: Stainless steel. 2.3 FABRICATION A. Toilet Compartments: Floor and ceiling anchored. B. Solid-Plastic, Polymer-Resin Units: Provide aluminum heat-sink strips at exposed bottom - edges of panels and doors. C. Doors: Unless otherwise indicated, 24-inch- (610-mm-) wide in-swinging doors for standard toilet compartments and 36-inch- (914-mm-) wide out-swinging doors with a minimum 32- TOILET COMPARTMENTS 102113 - 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 inch- (813-mm-) wide clear opening for compartments indicated to be accessible to people with disabilities. D. Door Hardware: Stainless steel. Provide units that comply with accessibility requirements of authorities having jurisdiction at compartments indicated to be accessible to people with disabilities. 1. Hinges: Self-closing type, adjustable to hold door open at any angle up to 90 degrees. 2. Latches and Keepers: Surface-mounted unit designed for emergency access and with _ combination rubber-faced door strike and keeper. 3. Coat Hook: Combination hook and rubber-tipped bumper, sized to prevent door from hitting compartment-mounted accessories. 4. Door Bumper: Rubber-tipped bumpers at out-swinging doors or entrance screen doors. 5. Door Pull: Provide at out-swinging doors. Provide units on both sides of doors at compartments indicated to be accessible to people with disabilities. PART 3-EXECUTION 3.1 INSTALLATION A. Install units rigid, straight, level, and plumb, with not more than 1/2 inch (13 mm) between pilasters and panels and not more than 1 inch (25 mm) between panels and walls. Provide brackets, pilaster shoes, bracing, and other components required for a complete installation. Use theft-resistant exposed fasteners finished to match hardware. Use sleeve nuts for through- bolt applications. 1. Stirrup Brackets: Align brackets at pilasters with brackets at walls. Locate wall brackets - so holes for wall anchors occur in masonry or tile joints. 2. Set hinges on in-swinging doors to hold open approximately 30 degrees from closed position when unlatched. Set hinges on out-swinging doors and swing doors in entrance - screens to return to fully closed position. END OF SECTION 102113 TOILET COMPARTMENTS 102113 -2 -- City of fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 311000 -SITE CLEARING PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. B. Salvable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated. C. Notify utility locator service for area where Project is located before site clearing. D. Do not begin site-clearing operations until temporary erosion and sedimentation control measures are in place. PART 2-PRODUCTS (Not Applicable) PART 3-EXECUTION 3.1 PREPARATION A. Protect and maintain benchmarks and survey control points from disturbance. B. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways, according to requirements of authorities having jurisdiction. - C. Protect site improvements to remain from damage. Restore damaged improvements to condition existing before start of site clearing. D. Locate and clearly flag trees and vegetation to remain or to be relocated. E. Protect remaining trees and shrubs from damage and maintain vegetation. Employ a licensed arborist to repair tree and shrub damage. Restore damaged vegetation. Replace damaged trees that cannot be restored to full growth, as determined by arborist. F. Do not store materials or equipment or permit excavation within drip line of remaining trees. G. Locate, identify, disconnect, and seal or cap off utilities indicated to be removed. 1. Arrange with utility companies to shut off indicated utilities. SITE CLEARING 311000- 1 City of fort Worth Meadowbrook Golf Course Club House 1/5/2006 3.2 SITE CLEARING A. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new - construction. Removal includes digging out stumps and obstructions and grubbing roots. B. Strip topsoil. Stockpile topsoil that will be reused in the Work. 1. Stockpile surplus topsoil to allow for respreading deeper topsoil. C. Remove existing above- and below-grade improvements as indicated and as necessary to facilitate new construction. D. Remove slabs,paving, curbs, gutters, and aggregate base as indicated. 1. Neatly saw-cut length of existing pavement to remain before removing existing pavement. T E. In areas not to be further excavated, fill depressions resulting from site clearing. Place and compact satisfactory soil materials in 6-inch- (150-mm-) thick layers to density of surrounding _ original ground. F. Dispose of waste materials, including trash, debris, and excess topsoil, off Owner's property. Burning waste materials on-site is not permitted. 1. Separate recyclable materials produced during site clearing from other nonrecyclable materials. Store or stockpile without intermixing with other materials and transport them to recycling facilities. END OF SECTION 311000 SITE CLEARING 311000-2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 312000 -EARTH MOVING PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Unauthorized excavation consists of excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Architect. Unauthorized excavation, as well as remedial work directed by Architect, shall be without additional compensation. B. Do not interrupt existing utilities serving facilities occupied by Owner or others unless permitted in writing by Architect and then only after arranging to provide temporary utility services according to requirements indicated. PART 2-PRODUCTS 2.1 MATERIALS A. Satisfactory Soil: ASTM D 2487 Soil Classification Groups GW, GP, GM, SW, SP, and SM; free of rock or gravel larger than 2 inches (50 mm) in any dimension, debris, waste, frozen materials, vegetation, or other deleterious matter. B. Unsatisfactory Soil: ASTM D 2487 Soil Classification Groups GC, SC,ML,MH, CL, CH, OL, OH, and PT. C. Backfill and Fill: Satisfactory soil materials. D. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 12 percent passing a No. 200(0.075-mm) sieve. E. Soil Mix: Shall be 50% BACCTO potting soil, 25% "Back to Earth' soil conditioner, and 25% sandy loam soil. Thoroughly mix all ingredients prior to placement in planting bed areas. F. Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2-inch (37.5-mm) sieve and 0 to 5 percent passing a No. 8(2.36-mm) sieve. PART 3-EXECUTION 3.1 EARTHWORK A. Protect and maintain erosion and sedimentation controls, which are specified in Division 31 Section "Site Clearing," during earthwork operations. EARTH MOVING 312000- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 B. Protect subgrades and foundation soils from softening and damage by water, freezing temperatures, or frost. C. Explosives: Do not use explosives. D. Excavate to subgrade elevations regardless of character of materials and obstructions — encountered. E. Excavate for structures, building slabs, pavements, and walkways. Trim subgrades to required _ lines and grades. F. Utility Trenches: Excavate trenches to indicated slopes, lines, depths, and invert elevations. Maintain 12 inches (300 mm)of working clearance on each side of pipe or conduit. — 1. Place, compact, and shape bedding course to provide continuous support for pipes and conduits over rock and other unyielding bearing surfaces and to fill unauthorized -- excavations. 2. Place and compact initial backfill of satisfactory soil material or subbase material, free of particles larger than 1 inch (25 mm), to a height of 12 inches (300 mm) over the utility pipe or conduit. Place and compact final backfill of satisfactory soil material to final subgrade. G. Plow strip or break up sloped surfaces steeper than 1 vertical to 4 horizontal to receive fill. H. When subgrade or existing ground surface to receive fill has a density less than that required for fill,break up ground surface,pulverize, moisture-condition or aerate soil, and recompact. I. Place backfill and fill in layers not more than 8 inches (200 mm) in loose depth at optimum moisture content. Compact each layer under structures, building slabs, pavements, and walkways to 95 percent of maximum dry unit weight according to ASTM D 698; elsewhere to 90 percent. J. Grade areas to a smooth surface to cross sections, lines, and elevations indicated. Grade lawns, walkways, and unpaved subgrades to tolerances of plus or minus 1 inch (25 mm) and pavements and areas within building lines to plus or minus 1/2 inch (13 mm). K. Under pavements and walkways, place subbase course material on prepared subgrades and compact at optimum moisture content to required grades, lines,cross sections, and thicknesses. L. Under slabs-on-grade, place drainage course on prepared subgrade and compact to required cross section and thickness. M. Allow testing agency to inspect and test each subgrade and each fill or backfill layer and verify compliance with requirements. N. Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property. END OF SECTION 312000 EARTH MOVING 312000-2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 321216 -ASPHALT PAVING PARTI -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Product Data and hot-mix asphalt design mixes. B. Provide hot-mix asphalt paving according to standard specifications of City of Fort Worth. C. Asphalt-Paving Publication: Comply with Al MS-22, "Construction of Hot Mix Asphalt Pavements,"unless more stringent requirements are indicated. PART 2-PRODUCTS 2.1 MATERIALS 1. Hot-Mix Asphalt: Dense, hot-laid, hot-mix asphalt plant mixes approved by authorities having jurisdiction; designed according to procedures in Al MS-2, "Mix Design Methods for Asphalt Concrete and Other Hot-Mix Types". B. Tack Coat: ASTM D 977 or AASHTO M 140, emulsified asphalt or ASTM D 2397 or AASHTO M 208, cationic emulsified asphalt, slow setting, diluted in water, of suitable grade and consistency for application. C. Pavement-Marking Paint: Latex, waterborne emulsion, lead and chromate free, ready mixed, complying with FS TT-P-1952, with drying time of less than 45 minutes. 1. Color: Match Existing. PART 3-EXECUTION 3.1 PAVING A. Tack coat existing asphalt or concrete surfaces and allow tack coat to cure undisturbed. B. Place hot-mix asphalt to required grade, cross section, and thickness. Promptly correct surface irregularities in paving course. 1. Spread mix at minimum temperature of 250 deg F(121 deg C). C. Begin compaction as soon as placed hot-mix paving will bear roller weight without excessive displacement. Compact hot-mix paving with hot, hand tampers or vibratory-plate compactors in areas inaccessible to rollers. Complete compaction before mix temperature cools to 185 deg F (85 deg C). ASPHALT PAVING 321216- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 D. Complete breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. T E. Begin intermediate rolling immediately after breakdown rolling while hot-mix asphalt is still hot enough to achieve specified density. Continue rolling until hot-mix asphalt course has been uniformly compacted to 92 percent of reference maximum theoretical density according to ASTM D 2041. F. Finish roll paved surfaces to remove roller marks while hot-mix asphalt is still warm. G. Remove and restore paved areas that are defective or contaminated. H. Apply pavement-marking paint with mechanical equipment to a minimum wet film thickness of 15 mils(0.4 mm). I. Securely attach wheel stops into pavement with two galvanized-steel dowels embedded in precast concrete. END OF SECTION 321216 ASPHALT PAVING 321216- 2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 323223 -SEGMENTED RETAINING WALLS PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Structural Performance: Provide segmental retaining walls capable of withstanding gravity loads according to NCMA's 'Design Manual for Segmental Retaining Walls." B. Seismic Performance: Provide segmental retaining walls capable of withstanding the effects of earthquake motions determined according NCMA's "Segmental Retaining Walls - Seismic Design Manual." C. Submittals: 1. Product Data and structural analysis data signed and sealed by the qualified professional engineer responsible for their preparation. 2. Product Test Reports: Indicating compliance of retaining wall units with requirements. PART 2-PRODUCTS 2.1 RETAINING WALL MATERIALS A. Concrete Units: ASTM C 1372, Normal Weight, complying with requirements for freeze-thaw durability. 1. Exposed Faces: Match Existing. 2. Shape and Dimensions: Match Existing. 3. Pins, cap adhesive, and other accessories recommended by retaining wall unit manufacturer. B. Leveling Base: Drainage fill. C. Drainage Fill: Comply with Division 33 Section"Subdrainage." D. Soil Fill: Satisfactory soils per Division 31 Section "Earth Moving." E. Filter Fabric: Comply with Division 33 Section "Subdrainage." PART 3-EXECUTION 3.1 RETAINING WALL INSTALLATION A. Place and compact base material to 95 percent maximum dry unit weight according to ASTM D 698. — SEGMENTED RETAINING WALLS 323223 - 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 B. Place retaining wall units according to NCMA's "Segmental Retaining Wall Installation Guide." 1. Place fills on both sides of wall at same time, where both sides are indicated to be filled. 2. Fill voids with drainage fill. C. Cap Units: Place cap units and secure with cap adhesive. 3.2 FILL PLACEMENT T A. Place, spread, and compact fill in uniform lifts for full width and length of embankment as wall is laid. Begin at back of wall and place and spread fill toward embankment. 1. Use only hand-operated compaction equipment within 48 inches (1200 mm)of wall. 2. Compact nonreinforced soil fill per Division 31 Section 'Barth Moving." B. In each compacted backfill layer, perform at least 1 field in-place compaction test for each 150 feet(50 m) or less of segmental retaining wall length. END OF SECTION 323223 SEGMENTED RETAINING WALLS 323223 -2 — City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 328400-PLANTING IRRIGATION PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Design 100 percent water-coverage irrigation system for exterior planting areas indicated. B. Submittals: Product Data and Shop Drawings showing sprinkler layout and flow characteristics. Include wiring diagrams. C. Electrical Components: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. PART 2-PRODUCTS 2.1 COMPONENTS A. Pipe Materials: Match existing. B. Pipe Fittings: Match Existing. C. Manual Control Valves: Globe valves fitted for key operation. D. Automatic Control Valves: Diaphragm-type, normally closed, with manual flow adjustment, and operated by 24-V ac solenoid. E. Automatic Drain Valves: Automatically opens for drainage when line pressure drops below 3 psig(20 kPa). F. Antisiphon,Pressure-Type Vacuum Breakers: Spring-loaded check valve. G. Pressure Regulators: Single-seated, direct-operated type with integral Y-pattern strainer. H. Quick-Couplers: Two-piece assembly, with coupler water-seal valve; removable upper body with spring-loaded or weighted, rubber-covered cap; hose swivel with ASME B 1.20.7, 3/4- 11.5NH threads for garden hose on outlet;and operating key. I. Sprinklers: Match Existing. J. Bubblers: Fixed pattern, with screw-type flow adjustment. 1. Match existing. PLANTING IRRIGATION 328400- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 PART 3-EXECUTION 3.1 INSTALLATION A. Install components having pressure rating equal to or greater than system operating pressure. — B. Lay piping on solid subbase, uniformly sloped without humps or depressions. Slope circuit piping down toward drain valve a minimum of 0.4 percent. _ C. Drain Pockets: Excavate to sizes indicated. Backfill with cleaned gravel or crushed stone to 12 inches(300 mm)below grade. Cover with asphalt-saturated felt and excavated material. D. Minimum Cover: Provide the following minimum cover over top of buried piping: 1. Pressure Piping: 36 or 18 inches (915 or 460 mm) below frost depth, whichever is greater. 2. Circuit Piping: 12 inches(300 mm). 3. Drain Piping: 12 inches (300 mm). 4. Sleeves: 24 inches (600 mm). E. Install water meters in meter boxes with shutoff valve on meter inlet. Include valve on meter outlet and valved bypass around meter. R F. Install pressure regulators with shutoff valve and strainer on inlet and pressure gage on outlet. Install shutoff valve on outlet and valved bypass. G. Sprinklers: Flush circuit piping with full head of water and install sprinklers after hydrostatic test is completed. -- END OF SECTION 328400 PLANTING IRRIGATION 328400-2 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 SECTION 334600 -SUBDRAINAGE PART 1 -GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Product Data. PART 2-PRODUCTS 2.1 PERFORATED-WALL PIPES AND FITTINGS A. Perforated PE Pipe and Fittings: ASTM F 405 or AASHTO M 252, Type CP; corrugated, with band type couplings. B. Perforated PVC Sewer Pipe and Fittings: ASTM D 2729, bell-and-spigot ends, for loose joints. 2.2 SOLID-WALL PIPES AND FITTINGS A. ABS Sewer Pipe and Fittings: ASTM D 2751, with solvent-cemented joints. B. Cast-Iron Soil Pipe and Fittings: ASTM A 74, Service class, hub-and-spigot ends, with ASTM C 564 rubber gaskets. C. PE Drainage Tubing and Fittings: AASHTO M 252, Interim, Type S, corrugated, with smooth waterway, and AASHTO M 252 corrugated, band-type fittings. D. PVC Sewer Pipe and Fittings: ASTM D 3034, SDR 35, bell-and-spigot ends, with ASTM F 477 elastomeric gaskets. 2.3 ACCESSORIES A. Special Pipe Couplings: ASTM C 1173, elastomeric, sleeve-type, reducing or transition coupling, with corrosion-resistant metal tension band and tightening mechanism on each end. 1. Sleeve for Cast-Iron Soil Pipes: ASTM C 564,rubber. 2. Sleeve for Plastic Pipes: ASTM F 477,elastomeric seal or ASTM D 5926,PVC. _ 3. Sleeve for Dissimilar Pipes: ASTM D 5926,PVC or other material compatible with pipe materials being joined. B. Cast-Iron Cleanouts: ASME Al 12.36.2M; cast-iron housing and Medium-Duty Loading class, cast-iron cover. Include cast-iron ferrule and countersunk, brass cleanout plug. C. PVC Cleanouts: ASTM D 3034,PVC cleanout threaded plug and threaded pipe hub. SUBDRAINAGE 334600- 1 City of Fort Worth Meadowbrook Golf Course Club House 1/5/2006 D. Geotextile:Nonwoven or woven fabric of polyolefin or polyester fibers, or combination of both. E. Soil Materials: Backfill, drainage course, impervious fill, and satisfactory soil materials are specified in Division 31 Section"Earth Moving." PART 3 -EXECUTION 3.1 INSTALLATION A. Foundation Drainage Installation: 1. Place and compact impervious fill at least 6 inches (150 mm) deep and 12 inches (300 mm) wide on subgrade adjacent to bottom of footing. 2. Place compacted layer of drainage course at least 4 inches (100 mm) deep over T compacted subgrade where drainage pipe is to be laid. 3. Encase pipe with sock-style geotextile filter fabric and install pipe. 4. Add drainage course to width of at least 6 inches (150 mm) on side away from wall and to top of pipe to perform tests. 5. After satisfactory testing,cover drainage piping to width of at least 6 inches (150 mm) on side away from footing and above top of pipe to within 12 inches (300 mm) of finish ! grade. 6. Fill to Grade: Place and compact impervious fill material over compacted drainage fill. B. Install piping beginning at low points of system at a minimum slope of 0.5 percent. Bed piping with full bearing in filtering material. C. Testing: Test drain piping with water to ensure free flow before backfilling. D. Maintain swab or drag in piping with tight joints and pull past each joint as it is completed. END OF SECTION 334600 SUBDRAINAGE 334600- 2 — 3-21-08;12:39PM;SUIIIvan Insurance ;580+223+1831 ? 7 �ORq CERTIFICATE OF' LIABILITY INSUPANCE 03/21/20) PRODUCER (580)223-2187 ' FAX (580)223-1831 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sullivan Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 1534 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ardmore, OK 73402 Linda Williams INSURERS AFFORDING COVERAGE NAIC# INSURED HCE Construction, Inc INSURERAA: Travelers Lloyds of Texas 41564 P 0 Box 225412 INSURERS: Travelers Indemnity Co Dallas, TX 75222 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE,LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD`L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UM173 i' GENERALLIABIUTY ILPACP6363856806 02/19/2006 02/19/2007 EACH OCCURRENCE $ 11000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAUMS MADE OCCUR MED EXP(Any one person) $ 10,000 A PERSONAL S AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMB APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 POLICY PRO- LOC AUTOMOBILE LIABILITY BA186D36S706 02/19/2006 02/19/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,00 ALL OWNED AUTOS BODILY INJURY $ B SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ -� (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CUP0411Y330 01/21/2006 02/19/2007 EACH OCCURRENCE $ 4,000,00 X OCCUR FICLAIMS MADE AGGREGATE i B $ DEDUCTIBLE $ X RETENTION $ 10,00 $ WORKERS COMPENSATION AND UB0262Y52806 02/19/2006 02/19/2007 XI WC STATU- OTH- To EMPLOYERS'LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTNE E.L EACH ACCIDENT $ 1,000,000 OFFICEWMEMBER EXCLUDEDT E.L.DISEASE-EA EMPLOYE $ 1.1-000,00 H yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Painting Contractor. Re: Golf House Rennnovation, Meadowbrook Colf Course CERTIFICATE H LER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Fort Worth 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Mr. Dalton Murray BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 319 W. 10th OF ANY KI UPON E INSURER S AGENTS OR REPRESENTATIVES, Ft Worth, TX 76102 a ED RES E 26(2001!08) FAX: (817)392-8488 ©ACORD CORPORATION 1988 B-15-06; 9:33AM;Sulllvan Insurance ;580+223+1831 # 2/ 4 J 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). 1 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 alter the coverage afforded by the policies listed thereon. �-I rel ACORD 26(2001108) 6-15-06; 9:33AM;Sullivan Insurance ;560+223+1631 # 3/ 4 Additional Coverages and Factors 01/31/2005 Line of Business Coverages for Business Auto Coverage Limits Ded/Ded Type Rate Premium Factor Uninsured motorist 500,000 combined single limit Combined single limit 1,000,000 Line of Business Coverages for General Liability Coverage Limits Ded/Ded Type Rate Premium Factor General Aggregate 2,000,000 250 Basis: Per Occurrence; Applies: CSL Products/Completed Ops 2,000,000 v Aggregate Personal & Advertising 1,000,000 Injury Each Occurrence 11000,000 250 u Basis: Per Occurrence; Applies: CSL Medical Expense 10,000 Fire Damage 300,000 Line of Business Coverages for Workers Compensation Coverage Limits Ded/Ded Type Rate Premium Factor WC & Employer's liability 500,000/500,000/ 500,000 Expense constant 200.00 Terrorism 6.00 G-15-06; 9:33AM;Sulllvan Insurance ;580+223+1831 # 4 4 The inland Marine Declarations and INLAND MARINE DECLARATIONS .unp105 RISK PIAp Endorsement, if any, issued to form a part thereof, completes the Commercial I Y EIR64019237 "°°TIAL-C° 'gp"' ZURICH Insurance Policy numbered as follows: (93 New Policy ASSURANCE COMPANY OF AMERICA ❑ Renewal of NEW YORK, NEW YORK 10038 ❑ Rewrite of A Stock Company In return for the payment of the premium, and subject to all the terms of this 2. Producer Information (complete A-E) policy, we agree with you to provide the insurance as stated in this policy, A) Name: THIS IS A COINSURANCE CONTRACT. Please read your policy. John F.Sullivan, Inc. 1. Named insured and Mailing Address: Po Box 1534 HCE Construction Inc Ardmore,OK 73402-1534 P O Box 225412 B) Telephone #:5802232187 Dallas,TX 75222 C) Fax #: 5802231831 D) Zurich Producer#:02342509 3. Policy Period —From Effective Date Of: 06 / 13 /2006 E) Field Office Name:OKLAHOMA to (check one): ❑Continuous Reporting m One Year From Effective Date F) Field Office Code: Sl 12:01 a.m. Standard Time at your mailing address above. 4. Form of Business: ❑ Individual ❑ Partnership ®Corporation ❑Joint Venture ❑Other 5. Limits of insurance (select either One-Shot or Reporting Form option below) ❑ Reporting Form (continuous policy) 01 One-Shot (non-reporting form/single structure policy) HBIS-1 ❑Annual Rate ❑Monthly.Rate (HBIS-4) ❑ 1-12 Family Dwelling 91 Commercial Structure ❑;Including Existing Building or Structure (HBIS-37)❑ Including Existing Building or Structure (HBiS-37) Property Location 1815 Jensen A) Any one structure` $ 1,500,000 Fort Worth,TX 76107 B) Property temporarily at A) Any one structure $ 180.047 any other premises $ 10,000 B) Property temporarily at C) Property In transit $ 25,000 any other premises $ 10,000 D) All covered property C) Property in transit $ 25,000 at all locations $ 5,000,000 D) All covered property at all locations (same E) Development/Subdivision Fences/Walls as A unless otherwise noted) $ 180.047 or Signs Per Report E) DevelopmentiSubdivision Fences/Walls or Signs $ 0 F) Rate Per Report F) Rate $ 0.24 G) Premium Per Report G) Premium $ 432.00 H) Tax (applicable In KY only) Per Report H) Tax(applicable in KY only) $ 0.00 1) Total Fully Earned Policy Premium Per Report 1) Total Fully Earned Policy Premium $ 432.00 *Subject to underwriting guidelines (minimum premium applicable) 6. Deductible (min/mum $500 unless otherwise indicated): ®$1,000 ❑$2,500 ❑ $5,000 ❑Other 7. Forms Applicable To All Coverage Parts, W 40471 Builders Risk Coverage Form ❑HBIS-42 Florida Fraud Statement ®47681 Comm. Inland Marine Coverage Part ❑HBIS-43 Windstorm Percentage Deductible ® CM0001 Comm. Inland Marine Conditions ❑HBIS-44 New York Fraud Statement ® IL0017 Common Policy Conditions (IL0146 in WA) Other Forms: (list other applicable state and/or HBIS .. ❑ HBIS-58 Development/Subdlvision Walls/Fences/Signs forms; all required state forms applicable) ❑ 9H0003 Florida Builders Risk Declarations 10171,C'.M0112, 11 0788, 11-C.0-630$, HRIS-67 ❑ HBIS-35 Windstorm or Hail Exclusion ❑ HBIS-37 Existing uildin (s) or Structure(s) Countersigned: By: Date r _- FM 170001 Rev. 07/00 INSURED COPY MORTGAGEES COPY AGENTCOPY BUILDERS RISK PLAN COPY CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Meadowbrook Golf Course Club House Pavilion and Renovations, 1815 Jenson Road, Fort Worth, Texas and City of Fort Worth Project No. GC16-020160520120. CONTRACTOR: C—�c C.cry--�"—�CLv._C���,`N C..• By:_ Name: Title: T Date: 3� STATE OF TEXAS § COUNTY OF TARRANT § Before t e unders' ned authority, on this day personally appeared (7 known to me to be the person whose name is subscribed to the foregoing instrument, and ackno iedged to me that he a ecuted the same a the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this�/J—Gy of , 20�. r Notary rqblic in and for the State of Texas EN Jewel Hooper NOTARY PUaLIQ State o9 Texas-Oallaa Coot '�� Commiss res 12-27-06