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Contract 38375
THIS COPY IS FOR: __ CONTRACTOR THE CITY OF FORT WORTH, TEXASv-CONTRACTOR'SBONOINGCO. --J?i._ CITY SECRETARY Northwest Branch Library SPONSORING DEPT PROJECT MANAGER 6228 Crystal Lake Drive --TPWALECOPY Fort Worth, Texas TPW2006-04 I 00157 CITY SE RETA~ FORT WORTH CO NTR CT NO '..;: -. . - MIKE MONCRIEF DALE FISSELER, PE MAYOR CITY MANAGER William V erkest, PE Director, Transportation & Public Works Department Gleniece Robinson Director, Library Department Komatsu Architecture Alshall Construction Company February 2009 03-26-0 9 A 11 : 13 IN 0 AL ECOR CITY SECRETAR FT. ORTH, TX Project: Project Number: B id Date : Adverti sed: ADDENDUM'S: NORTHWEST BRANCH LIBRARY TRANSPORTATION AND PUBLIC WORKS FACILITIES MANAGMENT / ARCHITECTURAL SERVICES BID TABULATION CROMWELL MARINE CREEK ROAD (WEST OF OLD DECATUR ROAD) FORT WORTH C230-207840015780 Tabulated by: OCTOBER 2, 2008 Eng. Es t i mate: AUGUST 28, 2008 & SEPTEMBER 4 , 2008 Addendums : 2 Als hall Construction Com pany Reeder Gene ral Contractors, Inc. 2408 E Trinity Mil ls Road , Ste 100 109 Aviator Drive Carroll to n, Texas 75006 Fort Worth , Texas 76179 214-390-1668 817-439-2022 214-390-1266 FAX 817-4 39-2024 FAX DESCRIPTION BID BID BASE BID $ 2 ,750,786.00 $ 2 ,851 ,000.00 Off-Site Improvement Costs $ 327 ,664.57 $ 299 ,650.00 3 3 VICKI MCDONALD $ 2,500,000.00 3 3 J .C. Commerical, Inc. 1865 McGee Lane, Sui te 0 Lewisville, Texas 75077 972-436-4622 972-436-4822 FAX BID $ 2 ,880,777.00 $ 671 ,000.00 3 $ $ 4 Hasen Design Build and Development dba Hasen Construction Services 2501 Pa rkview Dr., Suite 400 Fort Worth, TX 76102 817-877-1144 817-877-1149 FAX BID 2 ,888,555.00 $ 382 ,331.00 $ CALENDAR DAYS : 365 220 330 3 274 7 8 9 10 5 6 C. R. Reynolds, Inc. Prime Construction Company 714 N Travis Street Sherman, Texas 75090 903-891-3996 903-891-3997 FAX BID 2 ,899,000.00 $ 76,000.00 $ 3 300 11 81 01 Va lcasi Drive , Ste 10 1 Arlington, Texas 76001 817-572-5550 817-572-6354 FAX BID 2 ,925,000.00 286,000.00 3 330 SEDALCO, LP. Gilbert May, Inc. dba Phillips/May Imperial Construction , Ltd . Azteca Enterprises, Inc. Westland Construc tion, Inc Corporation 2554 East Lon g Ave nue 486 1 Sharp Stree t Fort Worth, Texas 76137 Da llas, Texas 75247 81 7-83 1-2245 2 14-63 1-3331 817-831 -2248 FAX 2 14-905-3850 FAX DESCRIPTION BID BID BASE BID $ 3 ,125,000.00 $ 3 ,169,000 .00 Off-Site Improveme nt Costs $ 265 ,700.00 $ 285 ,000.00 ADDENDUM'S : 3 3 CALENDAR DAYS : 300 365 193 Coy Road Weatherford , Texas 76087 817-34 1-8886 817-341-0191 FAX BID $ 3 ,187,000.00 $ 345,000.00 3 270 $ 2518 Chalk Hill Road Da llas , Texas 752 12 214-239-8310 214-239-8320 FAX BID 3 ,394,000.00 $ To Be Provided 3 266 $ 300 Boone Road , Suite A7 Burteson, TX 76028 817-295-2244 817-295-1144 FAX BID 3 ,529,000.00 360,000.00 3 395 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/24/2009 -Ord. No. 18496-02-2009 & 18497-02-2009 DATE: Tuesday, February 24, 2009 REFERENCE NO.: C-23365 LOG NAME: 20NWBRL1BRARY SUBJECT: Accept a Donation of $125,000 .00 from The Fort Worth Public Library Foundation, Authorize a Construction Contract in the Amount of $2,750,786.00 with Alshall Construction Company to Construct the Northwest Branch Library, Adopt Ordinance Finding Authorized Use of 1998 Bond Funds and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Accept a donation of $125,000.00 from the Fort Worth Public Library Foundation to the Library Improvement fund for the construction of the Northwest Branch Library; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Library Improvements fund in the amount of $125,000.00 from available funds; 3. Adopt the attached ordinance finding that construction of the Northwest Branch Library is within the voted purposes of these residual 1998 Bond Funds; and 4. Authorize the City Manager to execute a contract in the amount of $2,750,786.00 with Alshall Construction Company to construct the Northwest Branch Library. DISCUSSION: Funds in the amount of $4,400,000.00 were approved by voters in the 2004 Capital Improvement Program for the construction of a new Northwest Branch Library facility. This amount was estimated to be enough to construct a 13,000 square feet facility, but based upon the latest cost estimate and subsequent bids, it became necessary to identify additional funding sources to support this particular size and staff proposes the following funding sources. The Fort Worth Public Library Foundation: Chartered in 1993, The Fort Worth Public Library Foundation (Foundation) is an independent, non-profit organization which is dedicated to supporting the Fort Worth Public Library (Library) system by mobilizing resources for and promoting services of the Library, in conjunction with the City of Fort Worth and the private sector. Its goal is to increase the margin of excellence in Library service delivery. The Foundation has donated funds in the amount of $125,000.00 to support a 13,000 square feet facility, and it is recommended that Council accept this donation. Parks and Community Services Department Funding: Since the parking lot of this library will be shared by park users, the Parks and Community Services Department is contributing funds in the amount of $70,000.00 from 2001 Certificates of Obligation funds for the construction of the Northwest Branch Library parking lot. Construction Time Line: On May 29, 2007, (M&C C-22141) the City Council authorized the City Manager to execute a design and construction administration agreement in the amount of $368,341.00 with Komatsu/Rangel, Inc., for the design of the Northwest Branch Library. The M&Galso authorized the transfer of $6,000.00 from the Park Improvements fund to the Library Improvements Fund for the architect to provide the preliminary master plan design for the community park. On February 5, 2008, (M&C L-14469) the City Council accepted the dedication of approximately 22.903 acres of unimproved parkland for Marine Creek Ranch Park from Hayco Realty, Ltd., in accordance with the Neighborhood and Community Park Dedication Policy. On March 18, 2008, (M&C C-22713) the City Council authorized the City Manager to execute Amendment No. 1 in the amount of $35,692.00 to City Secretary Contract No. 35385 with Komatsu/Rangel, Inc., for additional design services for roadway improvements and road extension. Recap of All Project Funding Sources: The total funding available from all recommended sources is $5,382,041.74 as follows: $4,400,000.00, plus $90,000.00 for Public Art/Enhanced Design were approved in the 2004 CIP Bond Program for the Northwest Branch Library. On September 2, 2008, (M&C G-16262) the City Council approved the sale of additional funding in the amount of $625,000.00 from the Critical Capital Needs Certificate of Obligation, Series 2008. An additional $66,041.74 is available from residual funds from the 1998 CIP Bond Program. Parks and Community Services Department is contributing $76,000.00 for the project. The Fort Worth Public Library Foundation has donated $125,000.00. The Public Art component will be presented to the City Council at a later date. Bidders and Project Cost Breakdown: A request for competitive sealed proposals for the project was advertised in the Fort Worth Star-Telegram on August 28 and September 4, 2008 . The following 11 proposals were received: Alshall Construction Company Reeder General Contractors, Inc. J.C. Commercial Hasen Construction Services C.R. Reynolds, Inc. Prime Contruction Company Sedalco, LP. Phillips/May Corporation Imperial Construction, Ltd. Azteca Enterprises, Inc. Westland Construction, Inc. $2,750,786.00 $2,851,000.00 $2,880,777.00 $2,888,555.00 $2,899,000.00 $2,925,000.00 $3,125,000.00 $3,169,000.00 $3,187,000.00 $3,394,000.00 $3,529,000.00 Based on price, schedule, M/WBE participation, reputation, and experience, Alshall Construction Company was determined to offer the best value. The overall project cost is expected to be: Design Construction Utilities, ITS, FF&E Contingency, geotech, staff Total $404,032.57 $2,750,786.00 $1,756,000.00 $381,223.17 $5,292,041.74 Alshall Construction Company is in compliance with the City's M/WBE Ordinance by committing to 34 percent M/WBE participation. The City's goal for this project is 34 percent. The completion of the library will add 13,037 square feet to the City's facility inventory and add approximately $5,000.00 per year in the facility maintenance and repair requirements. The project will also add approximately $1,020,000.00 in the annual Library operating costs. The project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/ CERTIFICATION: The Financial Management Services Director certifies that upon adoption of the attached appropriation ordinance and approval of the above recommendations, funds will be available in the current capital budget, as appropriated, of the Library Improvements funds, the Parks and Community Services Fund, Library Services Fund, and the Library Improvements 2004 Overrun Fund. FUND CENTERS: TO Fund/Account/Centers 1) C230 488422 207840015780 2) C230 488422 207840015780 2) C230 541200 207840015780 CERTIFICATIONS: i125,000 .00 i125,000.00 i125,000 .00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 20NWL1BRARY APPROP ORD.doc (Public) 2. 20NWL1BRARY Finding.doc (Public) FROM Fund/Account/Centers 4) C231 541200 207840015780 4) C182 541200 080182046160 4) C141 541200 084141050104 4) C230 541200 207840015780 Fernando Costa (6122) William Verkest (7862) Dalton Murayama (8088) 3. Draft M&C 20NWBL1BRARY ACCOUNTING INFO.pdf (CFW Internal) 4 . Library NW Br M&C Aerial Map.pdf (Public) 5. Library NW Br M&C Financials Feb09.pdf (CFW Internal) 6. Library NW Br M&C QMP Jan09.pdf (CFW Internal) 7. Library NW Br MWBE Compliance Jan09.pdf (CFW Internal) 8. NORTHWEST LIBRARY.doc (CFW Internal) i625,000.00 i70,000.00 i66,041.74 i1 ,989,744.26 Ordinance No . _____ _ AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE LIBRARY IMPROVEMENTS FUND IN THE AMOUNT OF $125,000 .00 , FROM AVAILABLE FUNDS , FOR THE PURPOSE OF EXECUTING A CONTRACT WITH ALSHALL CONSTRUCTION COMPANY TO CONSTRUCT THE NORTHWEST BRANCH LIBRARY; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 . That in addition to those amounts allocated to the various City departments for Fiscal Year 2008- 2009 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Library Improvements fund in the amount of $125 ,000.00, from available funds , for the purpose of executing a contract with Alshall Construction Company to construct the Northwest Branch Library. SECTION 2 . That should any portion , section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision , opinion or judgment shall in no way impair the remaining portions, sections , or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No . 18283 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed . SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: ------------ ORDINANCE NO. --------- AN ORDINANCE FINDING THAT THE SUMMERGLEN BRANCH LIBRARY WAS CONSTRUCTED AND DELIVERED TO FORT WORTH CITIZENS AS INCLUDED IN THE 1998 CAPITAL IMPROVEMENT PROGRAM; AUTHORIZING THAT 1998 CAPITAL IMPROVMENT PROGRAM RESIDUAL FUNDS DESIGNATED FOR SAID LIBRARY BE USED TO SUPPORT CONSTRUCTION OF THE NORTHWEST BRANCH LIBRARY AS INCLUDED IN THE 2004 CAPTIAL IMPROVEMENT PROGRAM; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on February 7, 1998 , the citizens of the City of Fort Worth appro v ed the 1998 Capital Improvement Program ; and WHEREAS , $2,700,000 was included in the Library proposition to finance the construction of a neighborhood branch library in the Summerfields/Park Glen area, to include an opening day book collection; and WHEREAS , the Summerglen Branch Library was constructed and opened on No vember 11, 2000 and included the opening day book collection; and WHEREAS , upon completion of the library, there were residual bond proceeds in the amount of$ 66 ,041.74, which can only be devoted for the same program area as appro v ed by voters, namely Library impro vements; WHEREAS , the construction of a northwest branch library was included in the 2004 Capital Improvements Program as approved by voters ; WHEREAS , due to inflationary cost increases , approved bond funds in the amount of $4 ,490 ,000 were insufficient and other funding sources are necessary to support the delivery of this project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That the City Council finds that the Summerglen Branch Library has been completed and delivered to citizens as included in the 1998 Capital hnprovement Program, and there are residual bond proceeds in the amount of$ 66,041.74; SECTION 2. The City Council hereby authorizes the designation of the residual funds to support the construction of the Northwest Branch Library as included in the 2004 Capital hnprovements Program. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECITON 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and , if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section SECTION 5. This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: ASSISTANT CITY ATTORNEY DATE: ------------- ADOPTED: ----------- EFFECTIVE: -...J :::c 0 z ~ m I- "' w 3: :::c l-a:: 0 z w :::c I- LL 0 w 1--u, CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 2 CONSTRUCT NORTHWEST BRANCH LIBRARY Request for Proposals Submittal Date : October 2, 2008 (CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. The original Instructions to Offerors have been replaced (See Attachment 1). The revised Instructions are dated September 18, 2008 . The original Instructions to Offerors was somehow switched with i n Buzzsaw with the Instructions for Fire Station No . 27 . Acknowledge the receipt of this Addendum No . 2 on your Proposal. GREG SIMMONS , PE ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT By : --------- Dalton Murayama . AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE: September 18 , 2008 Construct Northwest Branch Library Addendum No . 2 , September 18 , 2008 Page 1 of 1 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 3 CONSTRUCT NORTHWEST BRANCH LIBRARY Request for Proposals Submittal Date : October 2, 2008 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. The Proposal (two pages) has been replaced (See Attachment 1 ). A line item identifying the Off- Site Improvements costs have been included. This is the only Proposal form to be submitted for this project and includes Off-Site Improvement costs in the base bid proposal. 2 . The original Payment Bond has been replaced (See Attachment 2), 3. The original Performance Bond has been replaced (See Attachment 3). 4 . On the Off-Site Improvement Specifications in the Specifications folder , the Bid Proposal in Section A has been deleted and replaced with the Offsite Unit Price List (see Attachment 4). The Offsite cost is included in the Base Bid and must be shown on the line provided in the Proposal sheet. The pages for the Offsite Unit Price List must be completed and submitted with the Post-Bid Pre- Award submittals . 5 . On the Off-Site Improvement Specifications in the Specifications folder , Notice to Bidders , Fort Worth M/WBE Policy Documents , and Vendor's Compliance with State Law documents in Section A have been deleted. 6 . On the Off-Site Improvement Specifications in the Specifications folder , in Section C , replace Item 37 on page SP-15 with "Construction staking will be provided by the Contractor and subsidiary to the unit prices and the overall cost of the project. Staking shall be preformed by an individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Surveyor." 7 . On the Off-Site Improvement Specifications in the Specifications folder, the Payment Bond, Performance Bond , Contract , and Conflict of Interest Questionnaire documents in Section D have been deleted from the Off-site Improvement Specifications only . 8 . In the Civil Plan sheets, remove and replace sheets 0 -08 and 0-20 with the attached revised plans (See Attachments 5 and 6). 9 . The Best Value Offeror selected for the Northwest Branch Library contract will provide a two-year maintenance bond for the off-site improvement work . 10 . Request for Information (See Attachment 7) Construct Northwest Branch Library Addendum No . 3, September 25 , 2008 Page 1 of 2 11 . Substitution Requests (See Attachment 8) Acknowledge the receipt of th is Addendum No . 3 on your Proposal. GREG SIMMONS , PE ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT By: ---------- Da lton Murayama . AIA Archi tectural Services Manager 817-392 -8088 , FAX 817-392 -8488 RELEASE DATE : September 25 , 2008 Construct Northwest Branch Library Addendum No . 3 , September 25 , 2008 Page 2 of 2 • KOMATSU AVCH!lEClU~f September 10 , 2008 ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS FOR: NORTHWEST BRANCH LIBRARY Fort Worth, Texas Project No . 05 .174 This addendum forms a part of the Contract Documents and modifies the drawings and project manual dated August 14, 2008 as noted herein . Respondent shall acknowledge receipt of this addendum . 1.1 REFER TO THE PROJECT MANUAL FOR THE FOLLOWING ITEMS: 1.1 .1 SECTION 11132 -PROJECTION SCREEN a . Paragraph 1.1 B.1 . -Strike through the word 'manually ' b . Paragraph 2 .3 .C . -Add the words : 120v. Attachments : None Northwest Branch Library Fort Worth, Texas END OF ADDENDUM ONE Page 1 of 1 Addendum No . One Project No . 05 .174 To: From: Michelle Caudle 9/8/2008 11 :05:59 AM {Page 2 of 4) Request for Inclusion Date: September 8, 2008 Bid Date: 09/25/08 Specified Item: Toilet Partitions Section 10155 Project: No11:hwest Branch Library Partition Systems, Inc. of South Carolina • PO Box 181 Manufacturer: Columbia, SC 29202 Phone 1 .866-337-7286 Fax: 1.866.337.7291 J>SISC is requesting inclusion as a manufacturer of Toilet Paiiitions. Per your specifications we have proposed Columbia Pal1:itions® PolYLife·f.o Model 15725. Should your specifications change, we offer 1,500 combinations of hardware and materials to meet your needs. The attached comparison sheet provides a quick analysis of your specification and the PSI SC proposed product. A detai led 5 page specification. binder and samples a re available at vour request. The proposed PSISC product: • Is equal or superior in fiu1.ctio1toli.ty, quality and wa.,·ranty to tlze specified item. • U,"ill lta,,e no ad11erse effect on other tr<tdes or construction scheduks. • Will reduce tlt.e cost and inc1·ense tlze quality ofyour partitions. PSISC: • Is a 1tati01udp1·011ide1· of Pltenolic., Solid Plastic and Solid Swfi,ce Partitions. • 1-; tlte leading supplier of Phenolic and Polyetltyle11e Partitions. • Offers 4 00 combinations of lu1.rdware to meet project neerlv. • llns 25 yetlrs experience m,mufacturing Partitions. • Has over 700 dealers for competitive pricing. local. service aml im.-tallation. Please call Michelle Caudle at 866-337-7286 ext 1171 to request additional information or clarification. ©2008 by Partition Systems Incorporated of South Carolina (PSiSC®) TOILET PARTITIONS SHOWE R STALLS LOCKERS (Office) 866.337.7286 (Fin:) 866.337.7291 PO Box 181 / Columbhl, SC/ 29202 www.l'SlSC.COM 09 /08 /2008 MON 10: 03 [TX/RX NO 5516 J @002 To : From : Miche ll e Caudle 9 /8/2008 11 :05:59 AM (Page 3 of 4) TO : PROJECT: "EQUAL. APPROVED EQUAL OR EQUIVALENT" REQUEST FORM Amy Sibley -Komatsu Architecture North west Branct1 Library -Dodge#200300848662 We hereby submit for yollr consideration the following product as an approved equal to the specified item listed on the above project: Section(s) 10155 Specified ltem(s) [x]roilet Partitions QToilet Accessories 0Lockers Attach complete technical data , including laboratory tests. if applicable. Include complete information on changes so Specifica1ions which proposed "O r-Equal" will be required for its proper installation . Differences between "Or-Equal" request and specified item? Detailed comparison atlac/Jed highlighting p1oduct differences, if any. What affect does "Or-Equal" request have on the product being purchased? None The undersigned states that the funct ion. appearance and quality are equivalent or superior to the specified item. Submitted by : (~ Signatt.Jre Company Pnone· g2s q,~d ,f-1 treel or P .O . (],~ S?C ~~01 ;8ity, State-, Zip-Code D Accepted By: LL~ G'd~~Vid0 D Not accepted Date: Cf/10 lo& ~ Accepted as noted Rema1·k s : M ' t e ·~e-eJ _ ~S+ W\.~(!, Ov' D Rece ived too late !}LG C-; ~e,C,., I vq u~ ,( e &tevt -;--:::.. ? 09 /08/2008 MON 10: 03 [TX/RX NO 5516] l4J 003 Nam~ ~ /?c..n DA .• o. pv ~/.~~e..5~ CONSTRUCT NORTHWEST BRANCH LIBRARY PRE-BID CONFERENCE 10:00 AM, Tuesday, September 9, 2008 . Qrm~nization Address Teleohone & FAX f>i,U~J1 (!()NSTtl.vc.r11>>J lftt:111 VAi-~<', 'l>Q... ~)) ... 5 1 2 r 5 5 5 o Email S::-'T', / D I Com{'A.vy Aat-,Al,zr"µ, r,, ?~1 572.-"° ?Ct..J rDfl r+r1.1c..+~.,,,, co. co1n AL-(.1-fllLL ~N6~tX..Trot4 co, 5~ /./u.e;.v £/1,fJ-Z, 1111 Kw. 7'?f,,1J/ //t)/) 1-V{4Cb) 5'1:. r:1w rx 7<../01- 4o r w, .1,~ fi.v~ 1& Io 1. " 80. J~(....!;,',T3 fsn. :n.<..1.$31:1 5 t/AV.N0/?,,5/)t:L@ ~;4,r;·U-/.-vC,.~ Name _ y_\-~-~-~--.: ""'!-.. · .... -.. •. ·_·· ... ·. \ CONSTRUCT NORTHWEST BRANCH LIBRARY PRE-81D CONFERENCE 10:00 AM, Tuesday, September 9, 2008 dt an!z~tion ; \-\ Pr~ \Z 1--\ Ca"s-t-rl.lt-s\ ,o""'- <;;:. ,(\/\.~(. ':; ,-G, c... Address 7:.-So\ ?-..-1 C:.v1ev ·p y- f1:W 1 li> tu"- Tele hone & FAX f ~ \1 ~" 1 -\ I t\:-'1- ~-:'i:. ~1'1 -'<'>'1.'1·114'1 ~~ ~Dd'tA( /'iY[ AV i ~-t~Q Or:. :gl'.1-· 4' 5~. 2.0l.::>.... Co.u"rll!Ad:oR.c; I MC. ~. Wort'tt-~l 1'1 F}(,. ~1-· 43"t · 2.c2.1 1),11, Q) ·et'I G N (;,&JJ<;,.,.-,.&:,- Email I -er. - THE CITY OF FORT WORTH, TEXAS Construct Northwest Branch Library TPW2006-04 MIKE MONCRIEF DALE FISSELER, PE MAYOR CITY MANAGER Greg Simmons , PE Acting Director, Transportation & Public Works Department Northwest Branch Library Revised Septemb er 18 , 2008 Gleniece A. Robinson Director, Library Department Komatsu Architecture August 2008 Should a Offeror 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 Offerors at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Offerors . 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. Offerer 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: Offerors 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 Offeror. 16 . MANUFACTURER'S REFERENCE : Catalog, brand names , and manufacturer's references are descriptive, not restrictive . Use of brands of like nature and quality will be considered . Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions . Where equipment has been listed as "no substitute accepted ", the City will accept no alternates to the specified equipment. Also refer to specification section 01630 Product Options and Substitutions . 17 . TESTING SERVICES : The City shall provide for, independently of the contractor, the inspection services , the testing of construction materials engineering , and the verification testing services necessary for the acceptance of the construction work . 18 . PROJECT SCHEDULE : The Project Schedule to be submitted with the Qualification Statement will, at the minimum , include the following : quality control submittals and approvals , mobilization , site preparation , under slab utilities , foundation work, structural erection , interior finish , commissioning , and closeout. The Schedule may be submitted as a table or PERT diagram . Northwest Branch Library Revised September 18, 2008 TO : MR. DALE FISSELER, PE CITY MANAGER PROPOSAL ATTN: PURCHASING OFFICE CITY OF FORT WORTH , TEXAS FOR: Northwest Branch Library On Cromwell Marine Creek Road (West of Old Decatur Road) Fort Worth, Texas Project No. TPW2006-04 Pursuant to the foregoing "Instructions to Offerors," 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 ofTransportation 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 2 1 tS0, / ~V. OU ! Off-Site Improvement Costs are "'--et:~-.;";,L-f::.=-....:.; The Off-Site Unit Price List sheets must be s mitt ti with the required Post-Bid Pre- Award submittals . Refer to Attachment 2 in Addendum No . 3. Completion within ~{alendar days after date of Notice to Proceed The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed . A Project Schedule will be submitted as required in the Instructions to Offerer. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work . The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non -resident bidders . The law provides that , in order to be awarded a contract as low bidder, non -resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction , improvements , supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a Northwest Branch Library Addendum No. 3, September 25, 2008 non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of busi ness is located . The appropriate blanks i n Section A must be filled out by all non-resident b idders i n order for your bid to meet spec ificat ions . 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. I_J Non-resident vendors in (g ive state), our principal place of business, are required to be __ percent lower than resident bidders by state law. I_J Non-resident vendors i n (give state), are not required to underbid resident bidders . B. 1)11 Our pr incipal p lace of bus iness or corporate offices a re in the State of Texas . Within ten (10) days of receipt of notice of acceptance of this b id, the successful bidder will execute the formal contract and w ill deliver approved Performance and Payment Bonds for the faithful perjormance of this contact. The attached deposit check in the sum of Dollars ($ f)Pi~) i s to become the property of the City of Fort Worth , Texas , or the attached !l/dder's Bqwi 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 th ereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25 ,000) I am aware that I must submit information the Director , Transportat ion and Pub lic Works , concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in o rder to be considered RESPONSIVE . Respectfully subm itted , By:-_ Parwaiz A la m Printed Name of Principal Address : 2408 E. Tri n ity Mi ll s , St e . 100 Street Carro ll ton , TX City Phone : 2 14-390-1 668 Fax : 2 14 -390-1 266 Receipt is acknowledged of the following addenda : Addendum No . 1 :~ Addendum No . 3 :_Sh __ Addendum No. 2 Sh ---Addendum No. 4 : __ _ Northwest Branch Library A ddendum N o . 3, Septe mb er 25, 2008 Vice Pres id ent Title 75006 Zip Addendum No. 5: __ _ Addendum No . 6 : __ _ UNIT PRICE LIST NW LIBRARY ADDITION-OFFSITE IMPROVEMENTS ·-, CITY PROJ. No. 00157, DOE No. 6060, FILE No. W-2071, X No. X-20659 ) Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install , including all appurtenant work, complete in place the following items .) UNIT I: PAVING IMPROVEMENTS 1 . 130 CY Unclassified Street Excavation Per Cubic Yard : One thousand One hundred Sixty Dollars and Twenty Five Cents $8 .925 $1 ,160 .25 2 . 1 LS Right of Way Preparation Per Lump Sum : Eighteen thousand Five hundred Nineteen Dollars and Ninety Cents $18,519.90 $18 ,519 .90 3 . 4,197 SY 8 inch Lime Stabilized Subgrade (36#/SY) Per Square Yard: Thirteen thousand Two hundred Twenty Dollars -' \ and Fifty Five Cents $3 .15 $13 ,220 .55 I 4 . 77 TN Lime for Stabilization Per Ton: Ten thousand Five hundred ten Dollars and Fifty Cents $136.5 $10,510 .50 5 . 2,755 SY 11 inch Reinforced Concrete Pavement Per Square Yard : One hundred Forty Seven thousand Five hundred Thirty Dollars and Twenty Five Cents $53 .55 $1 47,530.25 6 . 421 SY 2 inch Type "D" HMAC Per Square Yard : Seven thousand Nint hundred Fifty Six Dollars and Ninety Cents $18 .9 $7,956 .90 _,. B-1 UNIT PRICE LIST NW LIBRARY ADDITION-OFFSITE IMPROVEMENTS ) CITY PROJ. No. 00157, DOE No. 6060, FILE No. W-2071, X No. X-20659 Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install, including all appurtenant work, complete in place the following items.) 7 . 421 SY 4 inch Type "B" HMAC Per Square Yard : Nine thousand Seven hundred Twenty Five Dollars anctTen Cents $23 .1 $9,725 .10 8. 589 SF 6 inch Drive Approach Per Square Foot: Two thousand Eight hundred Forty Four Dollars and Eighty Seven Cents $4.83 $2,844 .87 9 . 2,667 SF 4 foot Sidewalks Per Square Foot: Twelve thousand Six hundred One Dollars and Fifty Eight Cents $4 .725 $12,601.58 10. 60 LF Concrete Pavement Header Per Linear Foot: Seven hundred Fifty Six Dollars and Cents $12.6 $156 .00 11. 1 EA Barrier Free Ramp Per Each : Five hundred Seventy Seven Dollars and Sixty Cents $577 .5 $577 .60 12 . 4,603 SY Hydromulch seeding Per Square Yard : Six thousand Five hundred Twenty Four Dollars and Seventy Five Cents $1.4175 $6,524.75 ) B-2 UNIT PRICE LIST NW LIBRARY ADDITION-OFFSITE IMPROVEMENTS ') CITY PROJ. No. 00157, DOE No. 6060, FILE No. W-2071, X No. X-20659 Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install, including all appurtenant work, complete in place the following items.) 13. 1 LS Pavement Markings Per Lump Sum : Eleven thousand Six hundred Seventy Six Dollars and Cents $11676 $11 ,676.00 14 . 1 LS Traffic Control Per Lump Sum: Sixteen thousand Three hundred Seventeen Dollars and Cents $ 16317 $16,3 17.00 15 . 75 LF 2" Schedule 80 Conduit Per Linear Foot: Two thousand Three hundred Sixty Two Dollars andFifty Cents $31.5 $2,3 62 .50 16 . 110 LF 3" Schedule 80 Conduit Per Linear Foot: ·, Three thousand Four hundred Sixty Five Doilars and Cents $31.5 $3 ,465.00 17 . 5 EA Electric Pull Boxes Per Each : Two thousand Six hundred Twenty Five Dollars and Cents $525 $2,625.00 18 . 10 LF End of Road Barricades Per Linear Foot: One thousand Three hundred Twelve Dollars andFifty Cents $131.25 $1 ,3 12.50 ) B-3 UNIT PRICE LIST NW LIBRARY ADDITION-OFFSITE IMPROVEMENTS CITY PROJ. No. 00157, DOE No. 6060, FILE No. W-2071, X No. X-20659 Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install, including all appurtenant work, complete in place the following items.) 19. 1 LS Permanent Signage Per Lump Sum : Nine thousand Three hundred Forty Five Dollars and Cents $9345 $9,345 .00 20 . 974 SY Sawcut and Remove Asphalt Pavement Per Square Yard : Ten thousand Seven hundred Thirty Eight Dollars and Thirty Five Cents $11.025 $10,738 .35 21 . 779 SY 4 foot Curlex Mat Per Square Yard : Two thousand Fi ve hundred Seventy Six Dollars and Fifty Four Cents $ 3.3075 $2,576.54 22 . 376 LF Silt Fence Per Linear Foot: Seven hundred Ten Dollars and Sixty Four Cents $ 1.89 $ 710 .64 23 . 2,700 SF Stabilized Construction Exit Per Square Foot: Two thousand Five hundred Fi fty One Dollars anctFifty Cents $ 0 .945 $2,551.50 UNIT I: TOTAL AMOUNT BID PAVING IMPROVEMENTS $295 ,608.18 ----------- ) B-4 ) UNIT PRICE LIST NW LIBRARY ADDITION-OFFSITE IMPROVEMENTS CITY PROJ. No. 00157, DOE No. 6060, FILE No. W-2071, X No. X-20659 Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install, including all appurtenant work, complete in place the following items.) UNIT II: DRAINAGE IMPROVEMENTS 1. 2 1 5 LF 2. 48 LF 3 . 1 EA 4 . 56 SY 27" Class Ill RCP Per Linear Foot: Fourteen thousand Eight hundred Ninety Nine and Fifty 21" Class Ill RCP Per Linear Foot: Three thousand Twenty Four and 27" Type B Headwall Per Each : Three thousand Three hundred Sixty and 18 inch Rock-Rip-Rap Per Square Yard : Eight hundred Eighty Two and UNIT II: TOTAL AMOUNT BID DRAINAGE IMPROVEMENTS B-5 Dollars Cents $69.3 $1 4,899 .50 Dollars Cents $63 $3 ,024 .00 Dollars Cents $3360 $3,360 .00 Dollars Cents $15 .75 $882 .00 $22,165 .50 ) ) UNIT PRICE LIST NW LIBRARY ADDITION-OFFSITE IMPROVEMENTS CITY PROJ. No. 00157, DOE No. 6060, FILE No. W-2071, X No. X-20659 Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written In Words Price Amount Bid (Furn i sh and install, including all appurtenant work, com plete in place the following items .) UNIT Ill: WATER IMPROVEMENTS 1. 2 EA 2. 11 LF 3 . 11 LF 4 . EA 5 . 1 1 LF Class B Meter Box Per Each : Five thousand Four hundred Sixty Dollars and Cents 2 in ch Copper Service and Tap to Main Per Linear Foot: Three hundred Forty Six Dollars and Fifty Cents 1 Yz in ch Copper Service and Tap to Main Per Linear Foot: Three hundred Forty Six Dollars and Fifty Cents 12"x6 " Tapping Sleeve and Valve Per Each : Two hundred Ten Dollars and Cents 6 inch PVC Pipe Per Linear Foot: Three hundred Sixty Nine Dollars and Sixty Cents UNIT Ill: TOTAL AMOUNT BID WATER IMPROVEMENTS $6,732.60 $2730 $5,460.00 $31.5 $346 .50 $31.5 $346.50 $210 $210 .00 $33.60 $369.60 --------- B-6 UNIT PRICE LIST NW LIBRARY ADDITION-OFFSITE IMPROVEMENTS --... CITY PROJ. No. 00157, DOE No. 6060, FILE No. W-2071, X No. X-20659 ) Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install, including all appurtenant work, complete in place the following items .) UNIT IV: SEWER IMPROVEMENTS 1. 29 LF 4 inch Sanitary Sewer Service Per Linear Foot Nine hundred Seventy Four Dollars andForty Cents $33 .6 $974.40 2 . 1 EA Connect to Existing Manhole Per Each : Six hundred Thirty Dollars and Cents $630 $630 .00 3 . 1 EA 4 inch Cleanout Per Each : Nine hundred Forty Five Dollars ) and Cents $945 $945 .00 UNIT IV: TOTAL AMOUNT BID SEWER IMPROVEMENTS $ __ 2 ,'"""54_9_.4_0 ____ _ ) B-7 . \ / ) SUMMARY UNIT I: PAVING IMPROVEMENTS UNIT II: DRAINAGE IMPROVEMENTS UNIT II: WATER IMPROVEMENTS UNIT II: SEWER IMPROVEMENTS TOTAL AMOUNT B-8 $295 ,608 .18 $22,165.50 $6 ,732 .60 $2,549.40 $327 ,055 .68 TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Namf3 of Purchaser; Firm or Agency: City of Fort Worth, Texas Address (Street & Number, P.O. Box or Route Number): .1000Thtockmorton City, State, Zip Code :. :..,.F=ort-=-w"'""• ·=o=rth=· i=t=e=xa=s:...:7-=6'-'-10=2=--·· ._....~--"------.....;._----'---------~-'-'- Telephone : (817) 392-8.360 . I, the purchaser named above , claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or oh the attached order or invoice from : · AU vendors Description of the items to be purchased; or on the attached order or invoice : All items exteptrnotor vehicles as listed. below ... Purchaser claims this exemption for the following reason : Governmental Entity . I understand that I will be liable for payment of sales or use taxes which may become du~ for failure to comply With the provisions of the state, city , and/or metropolitan transit authority sales and use tax iaws and comptroller rules regarding exempt purchases , Liability for the tax will be determ,ned by the price paid for the taxable items purchased or the fair market rental va.lue for the period of time used . I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of purchase, will be used u, a manner other than expressed in this certificate and that upon conviction I may be fined not more than $500 peroffense . ~d .I\ Purchaser; ~illL Title : Purchasing Manager.. Date : Febtuary 1. 2007 Note : This certificate cannot be issued for the purchase, lease or rental of a motor vehicle , THIS CERTIFICATE DOES NOT REQUiRE A NUMBER TO BE VALID Sales and Use lax •iexemption Numbers" or it fax Exempt'; Numbers do not exist. This certificate should be furnished to the supplier: Do liot send the completed certificate to the Comptroller of Public Accounts . Classification AC Mechanic AC Mechanic Helper Acoustical Ceiling Mechanic Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Fi nisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electronic Technician Electronic Technician Helper Floor Layer (Resilient ) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Painter Helper Pipefi tter Pipefitter Helper Plasterer Plasterer Helper Northwest Branch Library Revi sed September 2008 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hrly Rate Classification $21 .69 Plumber $12 .00 Plumber Helper $15.24 Reinforcing Steel Setter $19.12 Roofer $10.10 Roofer Helper $16.23 Sheet Metal Worker $11 . 91 Sheet Metal Worker Helper $13 .49 Sprinkler System Installer $13.12 Sprinkler System Installer Helper $14 .62 Steel Worker Structural $10 . 91 Concrete Pump Crane , Clamsheel, Backhoe , Derrick, D'Line $13 .00 Shovel $9.00 Forklift $20.20 Front End Loader $14.43 Truck Driver $19.86 Welder $12.00 Welder Helper $20 .00 $13 .00 $18.00 $13 .00 $14.78 $11 .25 $10.27 $13.18 $16 .10 $14.83 $8 .00 $18 .85 $12.83 $17 .25 $12 .25 I I Hrly Rate $20.43 $14 .90 $10 .00 $14.00 $10 .00 $16 . 96 $12 .31 $18.00 $9.00 $17.43 $20.50 $17.76 $12 .63 $10 .50 $14 . 91 $16 .06 $9 .75 (1) (2) (3) * WEATHER TABLE Month Average Inches Days of of Rain Rainfall January 7 1 .80 February 7 2 .36 March 7 2 .54 April 8 4 .30 May 8 4.47 June 6 3.05 July 5 1.84 August 5 2 .26 September 7 3 .15 October 5 2 .68 November 6 2 .03 December 6 1 .82 I ANNUALLY I 77 I 32 .30 Mean number of days rainfall , 0 .01 " or more Average normal precipitation , in inches Mean number of days 1.0 inch or more Less than 0 .5 inches Snow/Ice Pellets 1 * * 0 0 0 0 0 0 0 * * I 1 I 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 rai n , snow, and ice are based on records covering 27 years . Precipitation is based on record of 1941 -197 0 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 weathe r days exceeds the number of average ra in days plus the snow/ice-pellet days for a given mont h , the contract period will be adjusted by Change Order. Northwest Branch Li brary Revised Sep tember 18 , 2008 PROJECT DESIGNATION SIGN 1-1/2" FORT WORTH 3 " 3" .. ~'.'. 1-112" n2· ---------- 2:1,~2-'I· ~------ 1-3/4" 1· 2-1/2" Project Title Contractor: Contractors Name FUNDED BY (List Bond Fund, etc) 1-11_i"' ____ SCHEDULED COMPLETION DATE .1 • 1-1,2· YEAR 1-1/2" 4'-0" SIGN IS WHITE WITH BLUE BORDER ANO LETIERING IN PMS 288. 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 OEPT. ALL COPY IS IN PMS 288. THE "MOLL y • LOGO IS PMS 167. Northwest Branch Library Revised September 18, 2008 City of Fort Worth, Texas Transportation Public Works Department Facilities Management Group/Architectural Services Division 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 Conditi ons , 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 in suran ce 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 furnfshed. 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 limes and in accordance with such schedule as may be agreed upon . Such Interpretations shall be consistent with the purposes and intf\nt 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 dale 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 furnished to him . All Drawings , Specifications and copies thereof furnished 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 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (Augu st 2008) Page 1 of 26 A-10 MINORITY AND WOMEN BUSINESS ENTERPRISE IM/WBE) POLIC'f. The City of Fort Worth has goals for the participation of Minority and Women Business Enterprises (M/WBE) in City contracts . Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The C ity policy and procedures to be followed in submitting bids is included . The City of Fort Worth MWBE Program will take precedence over other subcontractor util ization 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, shall , in connection with the employment, advancement or discharge of employees or in connection with the terms , conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers , members , agents , employees , subcontra ctors , 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 DISA BI LITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that ii 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 discrim ination in the performance of this agreement. SECTI ON B IDENTITY OF ARCHITECT B-1 CON TRACT AD MINISTRATIOtt 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 TER MINATION A ND SU SPENSI ON O F WO RK: 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 term inated by the notice of termination . After termination as above , the City will pay the Contractor a proport ionate 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 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 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 privily of Contract between the Architect and the Contractor. B-4 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 Do cuments . 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 proce eding in accordance with the Contract documents. On the basis of on -site observations , ihe 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 Constru ction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue cert ificates for payment amounts . B~ 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 Contra ctor , subje ct to the final decision of the Owner. The Archite ct's decisions in matters relating to artistic effect will be final if consistent with the intent of the C ontract Documents . B-7 AUTHORITY TO STOP WORK: The BC M will have authority to reject work that does not conform to the Plans and Specifications . In addition , whenever , in its reasonable opinion , the BC M considers it necessary or advisable in order to insu re the proper realization of the intent of the Plans and Specifications, the BCM will have authority to require the C ontractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not su ch Work be then fabricated , installed or completed . B-8 MISCELLANEOUS DUTIES OF ARCHITECT Shop Drawings . The Architect will review Shop Drawings and Samples . Two copies of each approved Shop Drawing and subm ittal will be provided to the Owner by the Architect. Three cop ies 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 C ontractor. Upon completion of the project the C ontra ctor shall provide the Owner five copies of each guarantee . Inspe ctions The Owner will condu ct inspections for the purpose of determining and making his recommendations con cerning the dates of substantial completion and final completion . The Architect will conduct the final ac ceptan ce inspe ction and issue the Certificate of Completion . Operation and Ma intenance Manuals The Owner will receive si x copies of all appl icable equ ipment installation , operation , and ma intenance bro chures and manuals required of the C ontra cto r. B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Archite ct by the Owner , the Owner shall either assume the duties of the Arch itect through the Director of the Department of Transportation and Publi c 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-to0 day contract administration . C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describ ing the physi cal characteristics , legal limits and utility locations for the site of the Work ; provided , however, that the Contractor hereby covena nts that he has inspe cted 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 su ch 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 C ontra ctor. General Conditions for Facility Construction Lump Sum Contract Northwest Bran ch Library (August 2008) C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM. C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress . The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents . C-5 PROGRESS INSPECTIONS: The Owner 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 Compl etion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being in complete, 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 . Contra ctor 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 Tex as 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 ofFort 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 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) The Contractor shall at all times enforce strict discipline and good order among his employees , and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him . D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to pay Prevailing Wage Rates . The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract documents . Penalty for Violation . A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less .than the prevailing wage rates stipulated in these contract documents . This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258 .023 . Complaints of Violations and City Determination of Good Cause . On receipt of information , including a complaint by a worker, concerning an alleged violation of 2258 .023 , Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination , before the 31 '' day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258 .023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons . The City is not a party in the arbitration . The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction . Records to be Maintained . The Contractor and each subcontractor shall , for a period of three (3) years following the date of acceptance of the Work , maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract ; and (ii) the actual per diem wages paid to each worker . The records shall be open at all reasonable hours for inspection by the City . The provisions of the Audit section of these contract documents shall pertain to this inspection . Pay Estimates . With each partial payment estimate or payroll period , whichever is less , the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code . Posting of Wage Rates . The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . Subcontractor Compliance . The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . On projects where special wage rates apply (e .g . Davis-Bacon) the Contractor agrees to meet all requirements of such programs. D-8 WARRANTY: The Contractor warrants to the Owne r 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 Ta x on material in corporated 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 , Ord inances , 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 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 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 Co ntractor 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 W ork 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 carry on and complete the same according to the true meaning of the intent and terms of said Plans , Specifications and Contract Documents , then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper , and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing , setting forth and specifying an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE: The Contractor , immediately after being awarded the contract , shall prepare and submit for the 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 . 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, supplie r 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 estab lish 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 requ ire . 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 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 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 Contra ct 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 Contracto r 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 ii. D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish . At the comp letion 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 , c1nd shall clean all glass surfaces and leave the Work "Broom -clean " or its equivalent , except at otherwise specified . In addition to removal of rubbish and leaving the buildings "broom-clean ", Contractor shall clean all glass , replace any broken glass , remove stains , spots , marks and dirt from decorated work , clean hardware , remove paint spots and smears from all surfaces , clean fixtures and wash all concrete , tile and terrazzo floors . If the Contractor fails to clean up , the Owner may do so , and the cost 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, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization 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 . 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 . Requ ire that such Work be performed in accordance with the requirements of the Contract Documents; General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 3. Require submission to the Contractor of applications for payment under each subcontra ct to which the Contractor is a party , in reasonable time to enable the Contractor to apply for paym ent; 4 . Require that all claims for additional costs, extensions of time , damages for delays or otherwise with respect to sub contracted 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 WOMEN 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 "Ordinance"), the City of Fort Worth sets goals for the participation of minority and women business enterprises (M/WBE) in City contracts . Ordinance No 15530 is incorporated in these General Conditions 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 documentation required by the procurement solicitation must be submitted within five city business days after bid opening . Failure to comply with the City's M/WBE Ordinance , or to . demonstrate a "good faith effort", shall result in a bid being conside red non-responsive . During Construction : C ontractor shall provide cop ies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors and or suppliers prior to issuance of the Notice to Proceed . Contractor shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office and the Construction Manager. Contractor must provide the City with complete and accurate information regarding actual work performed by an 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 facts 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 . An offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three (3) years . The failure of an offeror to comply with this ordinan ce where such non -compliance constitutes a material breach of contract as stated herein, may result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of lime of not less than one (1) year . The Contractor may count toward the goal any tier of MWBE subcontractors and/or suppliers . The Contractor may count toward it s 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 subcontra ctors used in meeting the goals must be certified prior to the award of the Contract. Change Orders : Whenever a change order affects the work of an M/WBE subcontra ctor 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 or deletions in its M/WBE participation commitments submitted with the bid/proposa l or during negotiation , without prior submission of the proper documentation for review and approval by the MWBE Office . 2 . If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in its bid/proposal to the City that it alone would perfo rm the subcontracting/supplier opportunity work , the C ontractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections 12 .3 and 12.4 of the OOrdinance , exclusive of the time requirements stated in such subsections . 3. The Contra ctor shall submit to the M/WBE Office for approva l an M/WBE REQUEST FOR APPROVAL OF C HANGE FORM , if, during the term of any contract , the Contractor wishes to change or delete one or more M/WBE sub contractors or suppliers . Justification for change of sub contractors may be granted for the following : 1 . An M/WBE 's failure to provide Workers ' Compensation Insurance evidence as requ ired by state law; or 2. An M/WBE's-failure to provide evidence of general liability or other insurances under the same or similar terms as contained in the Contra ct Do cuments with lim its of coverage no greater than the lower of 1) the lim its required of the Contra ctor by the City ; or 2) the limits contained in the C ontra ctor's standard sub co ntract or supply General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) agreements used on other projects of similar size and scope and within the Con tra ctor's normal business practice with non- M/WBE subcontractor's/subconsultant 's or suppliers ; or 3. An MWBE's failure to execute the Contractor's standard subcontract form, if entering a subcontract is required by the Contractor in its normal course of business , unless such failure is due to : a) A change in the amount of the previously agreed to bid or scope of work; or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month ; or c) Any !imitation being placed on the ability of the M/WBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractor's surety company or insurance company . d) Mediation shall be a consideration before the request for change is approved . 4 . An M/WBE defaults in the performance of the executed subcontract . In this event, the Contracto r shall: a) Request bids from all M/WBE subcontractors previously submitting bids for the work , b) If reasonably practicable , request bids from previously non-bidding M/WBEs , and c) Provide to the M/WBE office documentation of compliance with (a) and (b) above . 5 . Any reason found to be acceptable by the M/WBE Office in its sole discretion . 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 Owne r , 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 Contracto r , and he shall require each Subcontractor to make similar payments to his Subcontractors . The Owner may, on request and at its discretion, furnish to any Subcontractor, if practicable , information regarding percentages of co mpletion 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 0MB Circular A-110, as appropriate. Each subcontractor must agree to compl y 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 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 . Each subcontractor must submit weekly each weekly payroll record and a weekly statement of com pliance . These documents will be submitted to the prime contractor who will compile them and submit to the City . The subcontractor can satisfy this requ irement by submitting a properly executed Department of Labor Form WH -347 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 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 contracts are awarded for other portions of the Work , "the C ontractor'' in the Contract Documents in ea ch 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 CUTIING 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 borne 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 C ity 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 IQ 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 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies . Contractor shall schedule all code inspections with the Co de 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 tap , impact & access fees will be paid by the City . Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer 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 injury. damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenant s 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 injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment , final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant in volved , 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 whom a c laim 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 Assign s . 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 WRITIEN 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 Ci ty of Fort Worth . Bonds shall be made on the forms furnished by or otherwise acceptable to the City . Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local , state and federal statutes . 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 C ircular 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 1 O percent. The amount in excess of 1 O 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 General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 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 Ow ner. 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 determines that any work requires special inspection , testing or approval not included above , the Owner, upon written authorization from the Owner, will instruct the Co ntractor 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 Co ntract 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 del ivered 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 pra cticable , 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 Co ntract 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 Co ntractor to carry out work in satisfactory workma nlike 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 comme ncing 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 Contractor's sole expense . G-14 MEASUREMENTS: Before ordering any material or doing any work , the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings . Any difference 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 WOR~ 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 impro vements 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 ; General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 2 . Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers . light fixtures , equipment, etc . If because of the non-related sizes of the various materials and locations of openings , etc ., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades . 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 and from existing adjacent facilities . Where new site work is to be connected to existing work. special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced , repaired and restored to its original condition at no cost to the Owner. 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 ANO 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 the ir 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 specifi c ations . 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. General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 10 . Cleaning, polishing , scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning : Burning of rubbish on the premises will not be permitted . G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period . If serious problems or complaints arise due to air-borne dust , or when directed by the 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 bu ilding and shall not be permitted to be scattered on adjacent property . Suitable storage spa ce 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 in side the build ing 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 s hall be neatly sawed or cut by Co ntractor 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 Co nditions Section entitled , "Substantial Completion and Final Payment". Maintenance Manual : Sheets shall be 8 'h" x 11 ", except pull out sheets may be neatly folded to 8 'h" 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, manufa cturer'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 entran ce 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 maintenan ce 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 manufacturer's normal extended General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) warrantees, the Contractor shall warrant all work materials , and equipment against defe cts for a period of one year from the date of final acceptance . The Contracto r 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 repla cing damaged items and components to bring such items ba ck to at least their original condition . G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment , one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contra ctor 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 appurtenan ces . 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 contra ct 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 Specifi cations or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the Ci ty limits as directed by the City. G-32 MANUFACTURER'S REFERENCE: Catalog , brand names , and manufacturer's references are descriptive, not restrict ive . 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 ac ceptability of proposed substitutions . Where equipment has been listed as "no substitute accepted ", the City will accept no alternates to the specified equipment. H-1 DEFINITIONS SECTION H CONTRACT TIME 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 noti ce to pro ceed , it shall be ihe 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 , regard less of whether a "Working Day" or not, and regardless of weather conditions or any situation wh ich might delay construction . An extension of contra ct time shall be in accordance with this· Section . Extensions of time will be as recommended by the BC M with final approval by C ity 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, C hristmas Day , Memorial Day , and Veteran 's Day . H-2 PROGRESS AND COMPLETION: All the lime limits stated in the Contract Documents are of essence to the Contra ct. The Contractor shall beg in the Work on the date of commencement as defined in this Section . He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. General C onditions for Facility Construction Lump Sum Contra ct Northwest Branch Library (August 2008) 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 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 1-4 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 Appli cation 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 ind icate 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 fo r 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 General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 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 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; 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 1-8 NOT USED LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows : Amount of Contract Liquidated Damages Per Day $15 ,000 or less $45 $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 fill provisions for Proje ct 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 General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 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%. 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) Con tractor'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 Co ntractor 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 calend ar days and until all requirements have been met, with the exception of Conse nt 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 . General Conditions for Fa ci lity Construction Lump Sum Contract Northwest Branch Library (August 2008) The Contractor shall comply with all appli c able 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 , in cluding posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is ne cessary for the exec ution of the Work , the Contra ctor shall exercise the utmost care and shall carry on su ch activities under the supervision of properly qual ified 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 Archite ct or anyone employed by him or for whose acts he may be liable , and not attributable to the fault or negligence of the C ontractor 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 endange r 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 . C ontractor 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 perfo rming 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, et c., as before the work was undertaken . J-6 TRENCH SAFETY: The Contractor shall be resp ons ible 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 fo r all trenches over 5 feet in depth in his Schedule of Values . SECTION K -INSURANCE K-1 INSURANCE REQUIRED: The Contra ctor shall not commence work under this Contract until he has obta ined 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 Con tra ct until all similar insurance of the Sub contractor has been so obta ined and approved . The City of Fort Worth will be listed as an "additional insured " on all policies except Wo rker's Compensation . K-2 WORKERS' COMPENSATION INSURANCE 1) General a) C ontractor's Worker's Compensation Insurance . Contractor agrees to provide to the Owner (City) a certifi cate 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 w ill perform work on the project to provide to it a certificate fro m such subcontractor stating that the sub contractor has a policy of workers compensation insurance covering each empl oyee employed on the project. Contra ctor 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 certifi cates to the Owner (City). c) By signing this Contract or providing or causing to be provided a certifi cate of co verage , the Contractor is representing to the City that all employees of the Contracto r 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 subje ct the Contractor to administrative penalties, crim inal penalties , civil penalties or other civil actions. · d) The Contractor's failu re to comply with any of these provisions is a brea ch of contract by the Contra ctor whi ch entitles the City to declare the contra ct void if the Contractor does no t remedy the brea ch within ten days after re ceipt of noti ce of breach from the City . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Libra ry (August 2008 ) 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. 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 Te xas 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 Contra ctor, 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 h-i) -vii), with the certificates of coverage to be provided to the person for whom they are providing services . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) 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 po int bold type and te xt in at least 19 -point normal type, and shall be in both English and Span ish and any other language common to the worker population . The text for the notices shall be the following tex1 , without any additional words or changes : "REQUIRED WORKER 'S COMPENSATION C OVERAGE The law requires that ea ch person working on this site or providing servi ces related to this constru ction proje ct must be covered by worker's compensation insurance . This in cludes persons providing , hauling , or delivering equ ipment or materials , or providing labor or transportation or other service related to the proje ct , regardless of the identity of their employer or status as an employee ". Call the Texas Worker's 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 employer's 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 Sub co ntra ctor performing work covered by th is Contract , from claims of damage whi ch may arise from operations under this Contract, including blasting , when blasting is done on , or in connection with the Work of the Proje ct, whether su ch operations be by himself or by any Sub contra ctor 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 spl it limits for bodily injury and property damage . Coverage shall be on "any auto" including leased , hired , owned , non-owned and borrowed vehicles used in conne ction with th is Contra ct. 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 (IS O) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the C ity . 3) Asbestos Abatement Liability Insurance : When the Project specifi cally requires the removal of Asbestos Containing Materials , the C ontra ctor, or subcontractor performing the removal , shall be required to maintain Asbestos Abatement Liability Insuran ce 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 contra ct in addit ion to sudden and accidental contamination or pollution liability fo r gradual em issions and clean-up costs . K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation , the Contractor shall procure , pay for and ma inta in at all times during the term of this C ontract , Bu ilder's Risk Insurance against the perils of fire , lightn ing , windstorm , hurricane , hail , riot , explosion , civic commotion , smoke , aircraft , land vehicles , vandalism , and ma li cious mis chief, at a lim it equal to 100% of the C ontract 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 in clude coverage for flood and earthquake . Different sub -limits for thes e 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 C ontractor shall provide a certificate of insuran ce documenting the Transportation and Public Works Department, City of Fort Worth as a "C ertificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance . More than one certificate may be required of th e Contractor de pending upon the agents and/or insurers for the Contractor's insurance coverages spe cified for the proje ct(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured , by endorsement , on all applicable insurance pol icies . 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth . 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable , shall be authorized to do business in the State of Texas , or otherw ise approved by the C ity of Fort Worth , and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are con cerned . Any company through whi ch the insurance is pla ced must have a rating of at least A:VII , as stated in current edition of A . M. Best's Key Rating Guide . At the C ity 's sole dis cretion , a less favorable rate may be accepted by the Ci ty . General Conditions for Facility Construction Lump Sum C ontra ct Northwest Branch Library (August 2008) 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 insurer's 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 cit 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 . 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 approval is not recommended , 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 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) Contractor is advised that according to City of Fort Worth Charter, that, the City Council must approve all Change Orders and V\kJrk Orders which results in an increase in cost of the contract amount by over $25 ,000 . Normal processing time for the City Staff io obtain C ity Cou ncil approval, once the recommended change order has been received at the City, is approximately thirty days . Owner and Co ntractor shall endeavor to identify Cha nge 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 pursuani 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 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 (15%). 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 carry 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 is 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 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from 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 n~t cover all costs that the Contractor should have borne , 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 . M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORkl 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. 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 spedfying 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 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 0 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. General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contracto r 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 facilit ies in a proper , safe operating and sanitary condition for the duration of the Contract. Upon comp letion of the Contract, all such temporary work and faci lities 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 const ru ction contracts with a bid price in excess of $1,000,000 .00 , the Contractor shall provide a separate field office for the City 's field representative (but the separate office may be in the same stru cture). The buildings shall afford protection against the weather , and each office shall have a lockable door, at least one window , adequate electrica l 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 contai n not less than 120 square feet of floor space . The Contractor shall prov ide 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 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. 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 co nnections 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 the Drawings. Pipe water from the source of supply to all points where water will be required . Provide sufficient hose to carry 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 squqr4e 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-8 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 . General Conditions for Fa cility Construction Lump Sum Contract Northwest Branch Library (August 2008) b) From the beginning of the application of drywall and during the selling 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 . 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 . General Conditions for Facility Construction Lump Sum Contract Northwest Branch Library (August 2008) CITY OF FORT WORTH , TEXAS CONSTRUCTION CONTRACT (LUMP SUM) THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS : This agreement made and entered into this the 24th day of February A.O ., 2009 , 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 qua l ified voters within said City on the 11th day of December, A.O . 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 Alshall Construction Company of the City of Carrolton , County of Dallas, State of Texas , hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements here inafter 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: Northwest Branch Library 6228 Crystal Lake Drive Fort Worth, Texas Project No. TPW2006-04 I 00157 That the work here in 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 sa id work w ithin 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 there from , the price shown on the Proposal submitted by the successful b "dde r:..ne_reta attache ~ and made a part hereof. Payment will be made in monthly install ents upon a t I w o rk completed by contractor and accepted by the Owner and receipt 0 ·. vo f e l.f r , Contractor . ITV SE RETARY FT. H, TX Northwest Branch Library (February 2009) The agreed upon total contract amount shall be $2,750,786.00 . Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 365 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 be responsible for delivering to the Owner the sub-contractors ' certificates of insurance for approval. The Contractor shall indicate on its cert ificate 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 • $1 00 , 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 i nsurance 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 . Northwest Branch Library (February 2009 ) Off IAL ECOR CITY SECRETARY FT. WORTH, TX 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 wh ich may be encountered in the performance of the Contract. f. 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. ADDITIONAL INSURANCE REQUIREMENTS : 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 spec ified 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 . Northwest Branch Library (February 2009 ) e . Insurers must be authorized to do business in the State of Texas and have a current AM . 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 wr iting 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 perm its 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 liquidated damages outlined Northwest Branch Library (February 2009) 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 four counterparts in its name and on its behalf by the City Manager and attested by its Secretary , with the corporate seal of the City of Fort Worth attached . The Contractor has executed this instrument through its duly authorized officers in six counterparts with its corporate seal attached. Done in Fort Worth, Texas, this th a9lo~ay of ~"\, AD., 2009 . STRUCTION COMPANY .. By: APPROVAL RECOMMENDED: By 4-\ k.b'~O~ ~ William A. erkest,P,lrector Transportat ion & Public Works Dept By : Amy J sey Assistant City Attorney Northwest Branch Library (February 2009) By: Fernand osta Assistant City Manager RECORDED: ~ By ill~ Marty Hendrix Date : City Secretary M&C C-23365 (February 24, 2009) Contract Authorization ----------- i i L ECO CITY SECRETAR THE STATE OF TEXAS COUNTY OF TARRANT § § § Bond# 4 369948 PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we , (1) Alshall Construction Company , as Principal herein , and (2) SureTec Insuran ce Company , a corporation organized and existing under the laws of the State of (3) T ex as , as surety , are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein, in the amount of Two Million, Seven Hundred Fifty Thousand, Seven Hundred Eighty Six Dollars and No Cents ($2,750,786.00) 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 24th day of February , 2009, 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: Northwest Branch Library at 6228 Crystal Lake Drive, Fort Worth, Texas, Project No. TPW2006-04 / 00157. NOW, THEREFORE , THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code , as amended) supplying labor or materials in the prosecution of the work under the contract , then this obligation shall be void ; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code , as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute , to the same extent as if it were copied at length herein . IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. Northwest Branch Library (February 2009 ) SIGNED and SEALED this __ 13_th ___ day of ___ M_a_rc_h ______ , 2009 . Alshall Construction Company PRINCIPALL · By: 1k -~lt ATTEST: --Name : Rabie Hashem . -.. ,,... . " . ,r.. Title : President --:_-. __ ___________ ...,.; --.;" (SE AL) 2408 E . Trinity Mills st m~ 1 oo ~ ;-- "' ,....... ---............ Address: Carrollton , TX 75006 ·-... ::'~;-.;.-~---::~~ --------'----------,.. .. _-___ :~~----- Witness as to Principal SureTec Insurance Company ----.. ----- ATTEST: . - :~RE~ Name: Lisa M . Bonnot ------------..,..-.. a h4<4--<~J -~-- Secretary (SE AL) Address : Attorney in Fact _,, --.. __ ::: .., --........ ___ _ 9737 Great Hills Drive Suit e~'263~=_'? ... ••• Austin , TX 78759 Witness as to Surety Telephone No .: 469/241-1488 NOTES: (1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. 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. Northwest Branch Library (February 2009) THE STATE OF TEXAS COUNTY OF TARRANT Bond# 4369948 PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS: That we, (1) Aisha II Construction Company, as Principal herein, and (2) SureTec Insu rance Company a corporation organized under the laws of the State of (3) __ T_e_x_as _________ , and who is authorized to issue surety bonds in the State of Texas, Surety herein , are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein , in the sum of Two Million, Seven Hundred Fifty Thousand, Seven Hundred Eighty Six Dollars and No Cents ($2,750,786.00) 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 24th day of February , 2009 , a copy of which is attached hereto and made a part hereof for all purposes , for the construction of Northwest Branch Library at 6228 Crystal Lake Drive, Fort Worth, Texas, Project No. TPW2006-04 / 00157 . NOW, THEREFORE , the condition of this obligation is such , if the said Principal shall faithfully perform the work in accordance with the plans, specifications , and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code , as amended , and all liabilities on this bond shall be determined in accordance with the provisions of such statute , to the same extent as if it were copied at length herein . IN WITNESS WHEREOF , the duly authorized representatives of the Principal and the Surety have executed this instrument. Northwest Branch Library (February 2009) SIGNED and SEALED this __ 1_3t_h __ day of __ M_a_rc_h ______ , 2009. Alshall Construction Company ATTEST: <2.Q~ PRINCIPL~ By : L~ 4 Rabie Hashem Name : ---------------,,----._-. ..... ,: ... -.. ~ -President _ ... :-. -.. Title: ----------------: " (SE AL) Address : -~-~--.. ---.. : - 2408 E. Trinity Mills s'-oif~:ff}~---:=:-s-· - Carrollton, TX 75006 ....... __ .... ·----... -· SureTec Insurance Company ATTEST: a~~ .. L Name: Lisa M . Bonnot : Secretary Attorney in Fact ----------.:: . . (SE AL) Address : 9737 Great Hills Drive Suite 320 ....::-::.:-- Austin Witness as to Surety Telephone No.: NOTES: ( 1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety . State of incorporation of Surety ...... -,..:. .... -------TX 78759 469/241-1488 --------- 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. Northwest Branch Library (February 2009) J- Bond#~~~-4_3_6_9_94_8~~~~~~~~~~- THE STATE OF TEXAS COUNTY OF TARRANT That Alshall § § § Construction MAINTENANCE BOND KNOW ALL BY THESE PRESENTS : Company ("Contractor"), as SureTec Insurance Company principal, and , a corporation organized under the laws of the State of Texas , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas , ("City") in Tarrant County, Texas, the sum of Two Million, Seven Hundred Fifty Thousand, Seven Hundred Eighty Six Dollars and No Cents ($2,750,786.00), lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs , executors , administrators, assigns and successors , jointly and severally. This obligation is conditioned , however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth , dated the 24th of February , 2009, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: of Northwest Branch Library at 6228 Crystal Lake Drive, Fort Worth, Texas the same being referred to herein and in said contract as the Work and being designated as project number(s) Project No. TPW2006-04 / 00157 and said contract, including all of the specifications, conditions, addenda , change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS , in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City ; and WHEREAS , said Contractor binds itself to maintain said work in good repair and condition for said term of Two Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period , if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and , WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these Northwest Branch Library (February 2009) presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted . IN WITNESS WHEREOF, this instrument is executed in _6_ counterparts , each of which shall be deemed an original, this 13th day of March , A.O . 2009 . (SE AL) Alshall Construction Company PRINCIPA~ By 11~,lk4 -: _,..,. Name: Rabie Hashem President Title: __________ ___, __ _ -,... : .- Address : 2408 E. Trinity Mills Sui te °fOO:' ~>' _:;:-.. ..... _ .... .,' ~-;:----::..-;:.. Carrollton , TX 75006 -----~-; ..... .. ........ ..,___ ....... Witness as to Principal ............ __ s_ur_e_T_e_c_ln_s_u_ra_n_ce_C_o_m~p_an-y'--------·-~ ATTEST: By:~ ~2J1-m,ed.,L SURE1 Y ~ Nam-e-1;~ ......... L-is...,,a-M-1-. '"To~n-n_o_t ------/ --. ---:: Secretary (SE AL) NOTE: (1) (2) (3) Attorney in Fact Address : 9737 Great Hills Drive Suite 320 Austin TX 78759 Telephone Number: 469 /241-1488 Correct name of Principal (Contractor). Correct name of Surety. 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. Northwest Branch Library (February 2009) POA #: 4 22 1097 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Me11 by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Lisa M. Bonnot, Robbi Morales, Jerry P . Rose, Don E. Cornell, Luke J . Nolan, Jr., Christine Davis, Ricardo J. Reyna of Dallas, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars ($5,000,000 .00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confim1ing all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31 /09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions : Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999 ) I11 Witness Whereof, SURETEC INSURANCE COMP ANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.O. 2005. State of Texas ~{\\ll;llllll!fQ'.f,k.b.. . .. uRANc :i. ~;.-··········-.~~ ~/~-<1\i .... ! : w{W i,;- a:, \ e, l :a:J ~\, J. / -r; ·······•····· / IIIJfJ/#!,1#'" ss: County of Harris On this 20th day of June, A.O. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas , that he is President of SUR.ETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle DeMy Notary Publlc State of Texos Mv Convnlsslon Expires August 27, 2008 My commission expires August 27, 2008 I, M . Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMP ANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this~~-- ry Any instrument Issued In excess of the penalty stated above is totally v id -ar.d witl out any valic!ity. For verification of the authority of this power you may call (713) 812-08t•O !'Jl i b l!:~iness day l)etween 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Drive Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved , you may contact the Texas Department of Insurance . Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 ITAfl ruM & INSUaAN(~ CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ~ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington , Illinois 0 STATE FARM FIRE AND CASUALTY COMPANY of Bloomington , Ill inois 0 STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas 0 STATE FARM INDEMNITY COMPANY of Bloom ington , Illinois , or 0 STATE FARM GUARANTY INSURANCE COMPANY of Bloomington , Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: ALSHALL CONSTRUCT I ON CO ADDRESS OF NAMED INSURED : 2408 E TRINITY MILLS RD STE 100 CARROLLTON ,T X 75006 -1935 POLICY NUMBER 080 8773 -Fl0-43 099 2086 -C05-43 EFFECTIVE DATE OF POLICY 12/10/08-06/10/09 03/05/09-09 /05/09 DESCRIPTION OF 2004 DODGE DAKOTA VEHICLE (I ncl ud ing VIN) 1D7GL32KX4S747658 NON-OWNED LIABILITY COVERAGE ~YES ONO ~YES ONO DYES ONO DYES LIMITS OF LIABILITY a . Bodily Injury Each Person 1 ,000 ,000 1 ,000 ,000 Each Accident 1,000,000 1,000 ,000 b. Property Damage Each Accident 1 ,000 ,000 1 ,000 ,000 c . Bod ily Injury & Property Damage Single Lim it Each Acci dent 2,000 ,000 2 ,000 ,000 PH YSICAL DAMAGE ~YES ONO D YES ~NO DYES ONO DYES COVERAGES a . Comprehensive $ 500 Deductible $ Deductible $ Deduct ible $ ~YES ONO DYES ~NO DYES ONO DYES b . Collis ion $ 500 Deductible $ Deductible $ Ded ucti ble $ EMPLOYERS NON-OWNED DYES ONO [gJ YES ONO D YES ONO DYES CAR LIABILITY COVERAGE HIRED CAR LIAB ILITY DYES ONO ~YES ONO DYES ONO DYES COVERAGE FLEET -COVERAGE FO R ALL ONNEDAND LICENSED DYES ONO DYES ONO DYES ONO DYES MOTOR VEHICL ES ONO ONO Ded uctib le ONO Deduct ibl e ONO ONO O NO AGENT 7342 11/17/20 0 8 Signa ure of Aut horized Representa ti ve Name and Address of Certificat e Holder City of Fort Worth 1 000 Throckmo r ton St Fort Worth , Tx 76102 No rthwest Branch Library 6228 Crystal Lake Dr Rd Fort Worth , Tx Project #TPW2006 -04/ 00157 - Certificate Holder is Named as an Additional Insured Titl e Ag ent's Cod e Number Name and Address of AQent John Bower , Agent 1060 w Frankford Rd Ste 110 Carrol l ton, Tx 75007 Date SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THER EOF , THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAY S WRITTEN .NOTICE TO THF. CERTIFICATE HOLDER . INTE RNAL STATE FARM USE ONL Y: 0 Req uest pe rmanent Cert ificate of lnsuran &l for lia bility coverage . 122429.3 Rev. 07-26-2005 0 Request Ce rtifi cate Ho lder to be add ed as an Add iti onal Ins ured . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor_certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project: Northwest Branch Library 6228 Crystal Lake Drive Fort Worth, Texas Project No. TPW2006-04 / 00157 By: ----4-~-1--,.1.,1-~~Jv~~--1~ ,1....J./A-,J/t "--1,CC-~~- Pres id en t ~ Title March 13, 2009 Date ST ATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Rabie Hashem , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of President , for the purposes and considerations therein expressed and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13 day of ---__ M_a_r_c_h ________ ,2009. (a) (b) LINDAK ~ HENRICKS . Notary Public:, State of Texas My Con1mis$ion Expires December 27, 2009 Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. 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 cover ing each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. Northwest Branch Library (February 2009)