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Contract 40540
r- •' T'°::' S fr OPY IS -fOR: ~-CONTRACTOR CONTRACTOR'S BONDING C! THE CITY OF FORT WORTH, TEXAS ~CITY SECRETARY Fire Station No. 5 TPW2007-22 __ SPONSORING DEPT __ PROJECT MANAGER __ TPW FILE COPY City Project Number 00739 CITY SECRETARY JLos~, O CONTRACT N0.__..1 .-_ .... _lllllia,i'""f ...... - MIKE MONCRIEF DALE FISSELER, PE MAYOR CITY MANA GER William A. Verkest, PE Director, Transportation & Public Works Department ... Fire Statio n No . 5 Rudy Jackson Chief, Fire Department RPGA Design Group Imperial Construction, Inc . June 2010 OfflCIAL RECORD CITY SECRETARY fl. WORTH, TX 07-06-10 A09:51 I June 20 10 - City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/8/2010 DATE: Tuesday, June 08, 2010 REFERENCE NO.: C-24256 LOG NAME: 20FS5GC SUBJECT: Authorize the Execution of a Construction Contract in the Amount of $2,413 ,807.00 with Imperial Construction , Inc., to Construct Fire Station No. 5 to be Located at 850 Irma Street (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Construction Contract in the amount of $2,413 ,807 .00 with Imperial Construction , Inc., to construct Fire Station No . 5 to be located at 850 Irma Street. DISCUSSION: On July 15, 2003, (M&C C-19661) the City Council authorized the City Manager to execute an Agreement with RPGA Design Group , Inc., for the design of Fire Station No . 38 and the development of a prototype design for a two company , three-bay fire station. Fire Station No. 5 is a prototype facility design adapted to the specific site. On March 6 , 2007, (M&C G-15621) the City Council approved and appropriated funds from the Certificates of Obligation , Series 2007 , for the design and land·acquisitions required for Fire Station No. 5 . On July 10 , 2007 , (M&C C-22224) the City Council authorized the City Manager to execute a Professional Services Agreement in the amount of $121 ,550.00 plus $6,600.00 for reimbursable expenses for design and construction administration services for Fire Station No. 5 . On July 15, 2008, (M&C G-16204) the City Council approved and appropriated funds from the Certificates of Obligation , Series 2008 , to implement Fire Station No. 5. Amendment Nos. 1, 2, 3 and 4 were administratively executed in the amount of $12,710.00 with RPGA Design Group, Inc., to provide additional boundary surveys and design services for a tower element and comply with the Phase 11 requirements of the new forestry ordinance for Fire Station No . 5. On July 21 , 2009, (M&C C-23670) the City Council authorized the City Manager to execute Amendment No. 5 in the amount of $133,060.00 plus up to $2,000 .00 in reimbursable expenses to City Secretary Contract No. 35557 with RPGA Design Group, Inc., for additional design services to meet the Near Southside Development Standards and Guidelines for Fire Station No. 5. The project was advertised for bid in the Fort Worth Star-Telegram on February 25, 2010 , and March 4 , 2010. There were 14 bidders and the following six bidders submitted the required M/WBE and other Post Bid-Pre Award submittals: Imperial Construction, Inc. (with Add Alternate Nos. 1, 2 and 4) Add Alternate No. 1 -Geothermal Ground Source Heat Pump Add Alternate No. 2 -Energy Management System Add alternate No. 4 -Terrazzo Tile Floors 3i Construction , LLC (with Add Alternate Nos. 1, 2 and 4) Struhs II , LLC, $2,400 ,200 .00 $2,490 ,000.00 d/b/a Struhs Commercial Construction (with Add Alternate Nos. 1 , 2 and 4) Crossland Construction Company, Inc. (with Add Alternate Nos. 1, 2 and 4) Prime Construction Company (with Add Alternate Nos. 1 , 2 and 4) EMJ Corporation (with Add Alternate Nos . 1, 2 and 4) $2,549,500.00 $2,584 ,000 .00 $2 ,681 ,228 .00 Based on the weighted selection cr iteria of price, schedule , M/WBE participation , reputation and experience , Imperial Construction , Inc ., was determined to offer the best value . Imperial Construction , Inc., successfully completed the complicated Hazel Harvey Peace Center for Neighborhoods facil ity last year. The estimated overall cost of the project is: Design Construction Land Purchase, Closing Utilities, ITS , FF&E Contingency, Geotech, Staff Total $275 ,920.00 $2,413 ,807.00 $421 ,546.00 $211 ,682.00 $277 ,045.00 $3 ,600,000 .00 Imperial Construction , Inc ., is in compliance with the City's M/WBE Ordinance by committing to 34 percent M/WBE partic ipation on the base bid plus identified alternates . The City's M/WBE goal on this base bid contract is 30 percent. The completion of Fire Station No. 5 will add approximately 9,750 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 is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/ CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated , of the 2007 Critical Capital Projects Fund . FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. Accounting lnfo .pdf (CFW Internal) 2. Fire Stati o n 5.pdf (Public) 3. FS 5 FAR 0000 5.pdf (CFW Internal) 4. FS 5 FAR 00006 .pdf (CFW Internal) FROM Fund/Account/Centers C295 541200 208110073980 Fernando Costa (6122) William Verkest (7801) Dalton Murayama (8088) $2.413,807.00 5. FS 5 Re v MW BE Co mpli ance wit h A lt s 17May 10.pdf (CFW Internal) OFFICIAL RECORD CITY SECRETARY FT. W RTH, TX FIRE STATION NUMBER 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Proj ect : FIRE STATION 5 850 IRMA STREET FORT WORTH Project#: 00739 TPW Project#: TPW2007-2 2 B id Date: MARCH 25, 2010 A d v ertised : FEBRUARY 25, 2010 & MARCH 4 , 2010 DESCRIP TI ON BASE BID Imperial Constructi on , In c. 193 Coy Road Weatherford , Texas 76087 817-341-8886 817-341-0191 FAX jjones@imperial-construction .com BID $ 2 ,206,000.00 TRANSPORTATION A ND PUBLIC WORKS ARCHITECTURAL SERVICES Ta bulated by : Eng. Estimate: Add e nd ums : 2 3i Con stru ction , LLC 400 N St. Paul Street , Ste 420 Dallas , Texas 75201 214-231-067 5 214-231-0672 FAX tfagg@3iconstruction.com BID $ 2 ,234,000.00 BID TABULATION (Revised April 1, 2010) VICKI MCDONALD $ 2 ,500 ,000.00 9 3 4 St ruhs II , LLC db a Prime Con struction Struhs Commerc ial Comp any Constructi on 500 Samuels Aven ue 8101 Valcasi Drive, Ste 101 Fo rt Worth , Texas 76102 Mington, Texas 7600 1 817-318-8000 817-572-5550 81 7-332-421 1 FAX 817-572-6354 FAX tstruhs@struhsco.com jmoody@primeconstructionco.com BID BID $ 2 ,300 ,000.00 $ 2 ,333,000.00 5 The Ridgern on t Compa ny 1520 W Walnut Hi ll Lane Irving, Texas 75038 214-492-8900 214-441-3702 FAX pj lillard@ridgemont.com BID $ 2,340 ,1 60.00 6 Speed-Fa b Crete Corp orat ion 1150 E Kenneda le Pa rkway Kennedale , Texas 76060 817-478-1137 817-561-2544 FAX rhamm@speedfab-crete.com BID $ 2,353,000 .0 0 7 Crossland Co nstruction Co mpany, Inc . 861 N Colem an, St e 100 Pro sper, Texas 75078 972 -347 -5659 972-347-3526 FAX mcrossland@crosslandconstruction.com ~ BID $ 2 ,386,000.00 ALTE RN A T ES DA YS DAYS DA YS DAYS DAYS DAYS DAYS Add Alternate No. 1 Add Alternate No. 2 Add Alternate No. 3 Add Alternate No. 4 Add Alternate No . 5 TOTAL O F AL TERNA TES : ,------""\'IT PRICES It~ g 11emB :!:J ~ 11emce . -< lte'im ~ Cl) :.. o~~ A DE ~ :xJ C LE NOAR[IUYffl ~ 5i! 8 >< ~ ~ $ $ $ $ $ $ $ $ $ 102,075.00 35,090.00 51 ,392.00 70 ,642.00 2 ,354.00 261,553 .00 26.00 17.00 39.00 0 .00 9 273 0 $ 0 $ 7 $ 14 $ 0 $ 21 $ LF $ LF $ LF $ LF $ 99,500.00 30 $ 96 ,000.00 0 $ 33,500.00 0 $ 35,000.00 0 $ 30,500.00 10 $ 30,000 .00 0 $ 33,200.00 10 $ 59 ,000.00 0 $ 8 ,500.00 10 $ 7,500.00 0 $ 205,200 .00 60 $ 227,500 .00 0 $ 28 .00 LF $ 24.00 LF $ 12.00 LF $ 12.00 LF $ 40.00 LF $ 35.00 LF $ 55.00 LF $ 6.00 LF $ 9 9 255 1 50 170,000 .00 5 $ 100,000.00 15 $ 1,00 0.00 0 $ 104,000.00 0 32,000.00 3 $ 30,000.00 0 $ 236,0 00.0 0 2 1 $ 34,000.00 0 23,000.00 3 $ 48 ,000.00 5 $ 22 ,6 00 .00 0 $ 27,5 00 .00 0 49,000.00 5 $ 71 ,400.00 7 $ 47,420 .00 0 $ 25,500 .00 0 9,000 .00 3 $ 5,500.00 0 $ 6,070 .00 0 $ 6,400.00 0 283,000 .00 19 $ 254,900 .00 27 $ 31 3,090.00 21 $ 197,400.00 0 32.00 LF $ 25.00 LF $ 21 .55 LF $ 26.00 LF 7 .00 LF $ 16 .50 LF $ 9 .95 LF $ 18.00 LF 40 .00 LF $ 15.00 LF $ 36.00 LF $ 28.00 LF 15 .00 LF $ 20.00 LF $ 7 .0 0 LF 0 .00 LF 9 9 9 9 300 273 249 300 Pro j ect: FIRE STATION 5 850 IRMA STREET FORT WORTH Pro j ect#: 00739 TPW Proj ect#: TPW2007-22 B i d D ate : MARCH 25 , 2010 Advertis ed : FEBRUARY 25, 2010 & MARCH 4 , 2010 DESCRIPTION BASE BID 8 B i g Sky Construction Co., In c. 507 Exposition Avenue Dallas, Texas 75226 972-226-4704 972 -226-6133 FAX blong@bigskyconstruction .com BID $ 2,448 ,375.00 ALTERNATES Add Alternate No. 1 Add Alternate No. 2 Add Alternate No. 3 Add A lternate No. 4 Add Alternate No. 5 DAYS $ $ $ $ $ T OTAL OF ALTE R N ATES : $ UNIT PRICE S Item A l ;:I ~ :!! u, ~ ADD!f;NDl:J 'Sffl )> CAL~NDA D-''Y.$: I -t ::0 ::0 ;c ~ ~ -t )> 0 >< ~ ~ $ $ $ $ 136,994.00 30 36,685.00 0 24,782.00 0 51 ,921 .00 0 16,057.00 7 266,4 39.00 37 32.00 LF 22.00 LF 23.00 LF 15.00 LF 9 240 TRANSPORTATION AND PUBLIC W O RKS ARCHITECTURAL SERVICES Tabulated b y : Eng . Esti m ate: Addend u rn s : 9 T ri-No rth Bu i lders , In c. 2625 Research Park Drive Fitchburg, WI 53711 608-271-8717 608-271 -3354 FAX dnoak@tri-north.com BID B I D TA BULATION (Revised Apr il 1, 2010 ) VICKI MCDONALD $ 2,500,000.00 9 10 11 E MJ Corporation Baseco m , In c . 5525 N MacArthur Blvd , Ste 400 5209 Vesta Farley Road Irving , Texas 75038 Fort Worth, Texas 76119 972-580-1210 817 -589-0050 972-580-8202 FAX 817-483-2609 FAX dsmith@emjcorp.com ooaxaca@basecominc.com BID BID $ 2,483,475.00 $ 2,550 ,000.00 $ 2,562 ,000.00 DA YS DA YS $ 86,424.00 20 $ 66,679.00 0 $ 73 ,020.00 $ 41 ,400.00 0 $ 38 ,036.00 0 $ 35 ,401 .00 $ 23,600.00 0 $ 26,262 .00 0 $ 27,120.00 $ 49,200.00 0 $ 26,513.00 0 $ 27,120.00 $ 6,000.00 0 $ 6,951 .00 0 $ 9,399.00 $ 206,624.00 20 $ 164,441.00 0 $ 172,060 .00 $ 32.00 LF $ 35.9 6 LF $ 29 .00 $ 21.00 LF $ 23.73 LF $ 4.00 $ 16.00 LF $ 29.61 LF $ 30.00 $ 8.00 LF $ 7.00 LF $ 17 .00 9 9 9 275 290 240 12 J o e R Jones Co nstr uction, Inc. 1756 Ranger Highway Weatherford , Texas 76086 817 -596-9600 817 -596--0596 FAX jsummareU@~inc.com BID $ 2,5 67 ,000.0 0 DA YS DAY S 5 $ 67,316.00 30 2 $ 34,757 .00 0 3 $ 22,131.88 0 3 $ 45,163 .63 0 0 $ 5,465.56 0 13 $ 174,834.07 30 LF $ 35.65 LF LF $ 22 .58 LF LF $ 60.75 LF LF $ 20.00 LF 9 280 13 C.R. Reynol ds , Inc. 714 N Travis Street Sherman , Texas 75090 903-891 -3 996 903-691-3997 FAX chris@crreynoldsgc.com BID $ 2,582 ,38 3.00 $ 119,348.00 $ 35,066.00 $ 23 ,9 74.00 $ 50 ,625.00 $ 11 ,444.00 $ 240,457.00 $ 24.00 $ 15.84 $ 45 .00 $ 10.00 9 300 14 Westland Construction , Inc. 300 Boone Road , Ste A 7 Burleson, Texas 76 028 817-295-2244 817-295-1144 FAX jsh a v,,@we stla n d construction .net $ DAY S 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ LF $ LF $ LF $ LF $ BID 2,7 88,000 .00 D AYS 110,500.00 21 42 ,400.00 0 21 ,700 .00 0 45,600.00 0 7 ,500.00 0 227 ,700 .00 21 24.00 LF 15.84 LF 35.00 LF 5 .000.00 EA 9 365 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 9 CONSTRUCT FIRE STATION NO . 5 Request for Proposals Submittal Date: March 25, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1 . Revisions and clarifications (Attachment 1) Acknowledge the receipt of this Addendum No. 9 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama, AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE: March 24, 2010 Fire Station No . 5 Addendum No . 9 , March 24, 2010 Page 1 of 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fire Station #5 City of Fort Worth , Texas March 24, 2010 Addendum No . 9 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT RPGA Design Group , Inc . Fire Station #5 Addendum No. 9 March 24, 2010 RPGA Design Group, Inc. 101 S. Jennings Avenue, Suite 100 Fort Worth, Texas 76104 (817) 332-9477 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX H at 3 Fire Sta tion #5 C it y of Fo rt Worth , T ex as March 24 , 20 10 A dden dum No . 9 ADDENDUM #9 FIRE STATION #5 Bidders are advised of the following rev isions and clarifications and sh all be governed accordingly . A. REVIS IONS/CLARIFICATIONS: 1. Question: "Is Peerless Industries acceptable for the small TV bracket and component brac ket?" Answer: We do not rev iew products during the bidd ing process . If the item is an equ al to t he speci fied product, it will be acce pted during the shop drawing ph ase. 2 . Question: "Existing Sidewalks : The demolition site plan indicates that all sidewalks and approaches from Evans Ave . to the 135W access road are to be removed , while the new const ruction site plan is clear that we are only installing new sidewalks on the lot w ith the new fire stat ion and are not installing them all the way to 135W . The new construction site plan shows the outline of the ex isting sidewal ks as if they are to remain . Please clarify if the s idewalks on the adjacent undeveloped lot get removed and/or replaced ." Answer: New sidewalks and the demo of existing sidewalks will be limited to areas in th e front , back and east side of the fire station only as shown on the new plan . 3 . Question: "Lime Stabili zation : The paving plan indicates that there is to be lime stabilization under the sidewalks . The paving and sidewalk details indicate that there is lime stabilization under the paving but do not show the lime stabilization under the sidewalks. Please clar ify if we are to lime stabilize under any or all of the sidewalks ." Answer: The sidewalk gets lime treatment where it is adjacent to concrete pavement. Th is includes the rear of the building, near the patio ; the front walk to the parking area , and the public sidewalk adjacent (north) to the front parking lot. All other sidewal ks get 6" of scarify and subgrade re- compaction . 4. Question: "Residential Appliances : Many of the model numbers of the resident ial appliances are discontinued and do not exist on the Maytag website ." Answer: Provide models with features identified under each appliance . 5 . Question: "Corner Guards : Specs are given for both vinyl and for stainless steel corner guards , but it is not clear which type are to be used or if both types are to be used, and if both types are to be used , which type goes where?" Answer: Provide vinyl wall guards and stainless steel corner guards. 6 . Question: "Retaining Wall: Please advise if a stone gravity retaining wall as designed by D&E Structures will be acceptable . Retaining wall will use millsap sandstone with a random mosaic fascia pattern and will be free draining continuous rock with gravel pockets behind wall with weep holes. There will be solid rock and mortar footings with a 12" wide multi piece stone cap ." Answer: Price as detailed and specified . 7. Question: "Reference C1 .0 : Note 28 , General Notes . Engineer to prepare the SWPPP . Reference C8 .0 : Key Notes . Contractor responsible for preparing and implementing the SWPPP . Please advise which is correct and who is to carry the cost for this." Answer: C1 .0 is incorrect. C8.0 is correct. The Contractor must prepare the SWPPP . 8 . Question: "In regards to the Fire Station 5 project, it possible for Burke EcoFitness Flecksibles to be approved as an alternative for the Athletic Sports Flooring? Also , are Mapei and/or Custom Building Products setting materials approved for this project? I have attached spec ificat ion information for all of the above mentioned products ." RPGA Design Group , Inc. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 of 3 Fire Station #5 C ity of Fo rt Wo rth , Tex a s March 24 , 2010 Addendum No . 9 Answer: As long as the products meet the specification requirements , they will be accepted . If they don 't , they will not be accep ted. 9. Question: "APP Modified Bitumen Roofing Spec : Section 07536 of the Specifications calls for the roofing manufacturer to be U.S. Ply or accepted by "U.S. Ply" as equal. Please verify if this is supposed to be accepted by "U .S . Ply " as equal or "by Architect" as equal. Also , we need to know ifwe can use Firestone , GAF , or Bitec in lieu of U.S. Ply ." Answer: As long as the products m eet the specification requirements , they will be accepted . If they don 't, they will not be accepted . 10. Question: "Residential Equip . Section 11450: The only model number that is current with appliances is for the microwave. All others are not found on the Maytag site by those model #. There is too much variety in features on current models . Please advise . The Garland range , Hood , and Suppression System is OK in spec." Answer: Provide models with the features described under each app li ance . 11 . Question: "Is Hosh izaki free standing icemaker acceptable? Model KML451 MAH.(water cooled) w ith Bin #B5000SF (500 lb capacity) with Water Filtration #ICE125?" Answer: The City has purchased this icemaker for its fire stations . 12. Question: "HVAC Installers: Referring to Spec Section 15404, Page 1 of 8 , there are six approved installers listed . Four of the approved installers are not mechanical contractors but are geothermal drilling companies. The two that are mechanical contractors have both declined to bid the project (Century Mechanical and Ski Hi Mechanical). Please note that the specs call for the installer to be approved in writing prior to submitting of the proposal, but we cannot use the two specified installers because they will not bid. Are we able to use any mechanical contractor so long as we use one of the bore hole drillers listed on the next page? I am waiting for a response from the MEP engineer ." Answer: The contractor must have at minimum five (5) years experience in the drilling of wells and installation piping . END OF ADDENDUM #9 RPGA Design Group, Inc. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3 of 3 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 8 CONSTRUCT FIRE STATION NO . 5 Request for Proposals Submittal Date : March 25, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. Cast and precast concrete clarification and bollard detail (Attachment 1) 2 . Basecom (jmave rick@baseco mi nc.com ) has informed this office that they intend to bid this project. Refer to the other addenda for Pre-Bid Attendee List and other general contractors planning to bid this project. Acknowledge the receipt of this Addendum No . 8 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama , AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE : March 22 , 2010 Fire Station No . 5 , Addendum No . 8 , March 22 , 2010 Page 1 of 1 OFFICIAL RECORD C TY SECRETARY FT. WORTH, TX Fire Station #5 City of Fort Worth, Texas March 22 , 2010 Addendum No. 8 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT RPGA Design Group , Inc. Fire Station #5 Addendum No. 8 March 22, 2010 RPGA Design Group, Inc. 101 S. Jennings Avenue, Suite 100 Fort Worth, Texas 76104 (817) 332-9477 1 of 3 Fire Station #5 C ity of Fo rt Worth , Texas Ma rc h 22 , 2010 Adde nd um No. 8 ADDE N DU M #8 FIRE S T A TION #5 Bidders are advised of the follo wi ng revisions and clar ifications a nd shall be gove rned accordingly. A. REVISIONS/CLAR IFICATIONS: 1. DRAWINGS: a. Sheet A-2 .02 / Detail 06 and 07 -Cast Co ncrete (Change ) Cast Stone Wall Cap -change cap to Cast Conc rete to match the color and te xture of the other pre- cast concre te products b . Sheet A-2.02 / Detail 10 -"U" Bollard Detail (Clari fi ca ti on) "U" Bollard Detail clarification to drawing c. Sheet A-2.02 / Plan 13 -Ground Face CMU (Clar ification) 8" CMU walls are Ground Face to match elevation -reference Elevation 08/A-2 .02 d. Sheet A-2.03 / Detail 06 -Cast Concrete (Change ) Stone Cap -change cap to Cast Concrete to match t he color and te x ture of the other pre-cast concrete products e . Sheet A-2.04 / Drawing,02 -Cast Concrete (Change) Cast Stone Cap -change to Cast Concrete to match the color and te xture of the other pre-cast concre te products f . Sheet A-3 .03 / Floor Plan -"U" Bollard (Change) Change note -"U" Bollard (Typ .) See 1 O/A-2 .0-2 g . Sheet A-4.01 / Drawing 01 -Cast Concrete (Change) Cast Stone Sill -change s ill to Cast Concrete to match the color and texture of the other pre-cast concrete products h . Sheet A-5.06 / Drawing 01 -Cast Concrete (Change) Cast Stone Cap -change cap to Cast Concrete to match the color and texture of the other pre-cast concrete products i. Sheet A-7 .02 / Details 10 and 11 -Cast Concrete (Change) Cast Stone Sill -change sills to Cast Concrete to match the color and texture of the other pre-cast concrete products j . Sheet A-7.05 / Details 05 -Cast Concrete (Change) Cast Stone Watertable -change watertable to Cast Concrete to match the color and texture of the other pre-cast concrete products k. Sheet A-7.06 / Details 05-13 -Pre-Cast Details (Clarification ) Pre-cast deta ils are Pre-Cast Concrete (All Pre-Cast work for this proj ect is Pre-Cast Concrete with the exception of the Molly over the front middle apparatus bay door which is Cast Stone as noted and spec ified) I. Sheet A-7.07 I Details 05 -Cast Concrete (Change) Cast Stone Watertable -change watertable to Cast Concrete to match the color and texture of the other pre-cast concrete products RPGA Design Group, Inc. 2 of 3 \ Fire Station #5 City of Fo rt Worth, Texas B. ATTACHMENTS: a. SK-4-"U" BOLLARD DETAIL-3/22/10 END OF ADDENDUM #8 RPGA Design Group , Inc. March 22 , 2010 Adde ndum No . 8 3 of 3 -i 6" 5'-0 11 ,-t----6" RADIUS STEEL P IPE -----..J 0 ------"'~ - 0 I 11 U 11 BOLLARD DETAIL 10 SCALE: 3/8 11 = 1 '-011 ADDENDUM 8 RPGA DESIGN GROUP, INC. 101 S. JENNINGS AVE, STE. 100 FT. WORTH, TE XAS 76104 817-332-9477 FORT WORTH FIRE DEPARTMENT FIRE STATION #5 850 IRMA STREET FORT WORTH, TEXAS 76104 CD SHEET NO . A-2 .02 DATE : 3-22-10 SK-4 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 7 CONSTRUCT FIRE STATION NO. 5 Request for Proposals Submittal Date: March 25, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. Correction to Email ID contact for Crossland Construction Company is bschultze@cross landco nstr uction .com for this project. 2 . Overhead doors clarification (Attachment 1) Acknowledge the receipt of th is Addendum No . 7 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama, AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE : March 19, 2010 Fire Station No. 5 Addendum No . 7, March 19, 2010 Page 1 of 1 Fire Station #5 City of Fort Worth, Texas March 19 , 2010 Addendum No . 7 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT RPGA Design Group, Inc . Fire Station #5 Addendum No. 7 March 19, 2010 RPGA Design Group, Inc. 101 S. Jennings Avenue, Suite 100 Fort Worth, Texas 76104 (817) 332-9477 1 of 2 Fire Station #5 C ity of Fort Worth, Texas ADDENDU M #7 FIRE STATION #5 Bidders are advised of the followin g revisions and cla r ifications and sha ll be gove rned acco rding ly . A. REVISIONS/CLARIFICATIONS: 1. DRAWINGS: Ma rc h 19, 20 10 Addendum No. 7 a. Sheet A-3.09 (reference sheets A -4.01 , A-4.02, A-5 .01 Elevations and Sections) - Ove rh ead Doo rs. Door Type "F": Overhead door to match overh ead elevati ons shown on sheets A-4.01 , A-4 .02 and A- 5 .01 . C. ATTACHMENTS: a. None END OF ADDENDUM #7 RPGA Design Group , Inc . 2 of 2 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 6 CONSTRUCT FIRE STATION NO . 5 Request for Proposals Submittal Date: March 25, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. Crossland Construction Company (bschultz@crosslandconstruction .com ), Big Sky Construction (estimati ng@bigskyconstruction.com ), EMJ Corporation (ttay lor@emjcorp.co m ), Joe R. Jones Construction (jsumma re ll@ jrjinc.co m ), and 3i Construction (fhaas@3 iconstructio n .com ) have informed this office that they plan to bid this project. Refer to the other addenda for Pre-Bid Attendee List and other general contractors planning to bid this project. 2 . Floor finish clarifications (Attachment 1) Acknowledge the receipt of this Addendum No . 6 on your Proposal. WILLIAM A . VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama , AJA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE : March 19 , 2010 Fire Station No. 5 Addendum No. 6 , March 19, 2010 Page 1 of 1 Fire Station #5 City of Fort Worth, Texas • March 19, 2010 Addendum No . 6 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT RPG A Desig n Grou p, In c . Fire Station #5 Addendum No. 6 M arch 1 9, 20 1 O RPGA Design Group, Inc. 101 S . Jennings Avenue, Suite 100 Fort Worth , Texas 76104 (817) 332-9477 1 of 2 Fire Station #5 C ity of Fort Wo rth , T exas Ma rch 19 , 20 10 A dd endum No . 6 ADDENDUM #6 FIRE STATION #5 Bidders are advised of the fo llowi ng revisions and clar ifications and shall be governed accord ingly . A. REVISIONS/CLARIFICATIONS: 1. DRAWINGS: a. Sheet A-3.08 (reference sheets A-3.02/Room Numbers and Names and A-3.09/finish schedule) - For the base bid, the floor finish in rooms "10 6-EMT Storage" and "126-Telecom" is VCT as ind icated in the finish schedu le (Sheet A-3.09). For Alternate #3, the floor finish in rooms "106-EMT Storage" and "126-Telecom" is VCT as indicated in the finish schedule (Sheet A-3 .09). For Alternate #4, the floor finish in rooms "106-EMT Storage" and "126-Telecom" will be a standard concrete finish per Section 03300-Cast-in-Place Concrete . For Alternate #5, the floor finish in rooms "106-EMT Storage" and "126-Telecom" will be a standard concrete finish per Section 03300-Cast-in-Place Concrete . C. ATTACHMENTS: a. None END OF ADDENDUM #6 RPGA Design Group , Inc. 2 of 2 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS D EPARTMENT ADDENDUM NO. 5 CONSTRUCT FIRE STAT ION NO. 5 Request for Proposals Submittal Date: Ma rc h 25, 2010 (NO CHANGE) The Request for Proposals for the a bove project is hereby rev ised and amended as follows: 1. Correction to Emai l ID contacts for Speed Fab -Crete is rgarner@speedfab-crete .com and for Ridgemont Commercial Construction is tconno lly@ridqemont.com for this project. Acknowledge the receipt of this Addendum No. 5 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By : ---------- Dalton Murayama , AIA Architectural Services Manager 8 17-392-8088 , FAX 817-392-8488 RELEASE DATE: March 18 , 2010 Fire Station No . 5 Adderidum No . 5 , March 18, 2010 Page 1 of 1 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 4 CONSTRUCT FIRE STATION NO. 5 Request for Proposals Submittal Date: March 25, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. In the Instructions to Offerers , replace Paragraph 13 with , ''The City will apply for the City of Fort Worth Building Permit for this project. The City of Fort Worth Building and Trade Permit fees are waived . Separate perm its may be required by the contractor or subcontractor(s) for the trade work and/or work location ." 2 . Speed Fab-Crete (rqarner-@s peecfab-c rete .com ) as general contractor and Ridgemont Commercial Construction (tconnol y@ridgemont.com ) have informed our office that they plan to bid on this project. Acknowledge the receipt of this Addendum No . 4 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: March 18, 2010 Fire Station No. 5 Addendum No . 4 , March 18, 2010 Page 1 of 1 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 3 CONSTRUCT FIRE STATION NO . 5 Request for Proposals Submittal Date: March 25, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. Struhs Commercial Construction (tstruhs@stru hsco.c om ) and Imperial Construction (rwyly@imperia l-construction.com ) have informed our office that they plan to bid on this project. Refer to Addendum No . 1 for the attendees list at the Pre-Bid Conference . Acknowledge the receipt of this Addendum No. 3 on your Proposal. WILLIAM A . VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama , AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE : March 18 , 2010 Fire Station No . 5 Addendum No . 3 , March 18 , 2010 Page 1 of 1 - CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 CONSTRUCT FIRE STATION NO. 5 Request for Proposals Submittal Date: March 25, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. The Proposal (three pages) has been replaced (Attachment 1 ). Th is is the only Proposal form to be su i:>mitted for this project and has five alternates and revised cost per linear foot line items. 2 . In the Instructions to Offerors , Paragraph 2 , add , "It is important to note that if an Offeror is certified as a disadvantaged , minority or woman business enterprise , it cannot count its certification status towards an established goal. If there are any questions rela ted to this issue , contact the Busin ess D iversity Coordinator at (817 ) 392 -6104." 3 . CR Reynolds , Inc . (ma rk@cr reynoldsgc .com ) and Tri-North Builders , Inc. (dbuchanan@tri- north .com ) have indicated that they plan to bid on this project. 4 . Drawings (Attachment 2). 5. Specifications (Attachment 3). Acknowledge the rece ipt of this Addendum No . 2 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama , AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE : March 18 , 2010 Fire Station No . 5 Addendum No . 2 , March 18 , 2010 Page 1 of 1 /RJ,/A. S'l'REE'l' * FIRE ST A TION #5 * MAGNOLIA A VENUE 0) Charles Gojer co ..- and Associates, Inc. I I"- 0 Consulting Engineers 0 z 11615 Forest Centro! Dr. Su i te 303 Dollos, Texos 75243 (214) 340-1199 Ill 0 TX Registration No. F-697 ... SKETCH TITLE: ACCESSIBLE RAMP DETAILS PROJECT NAME: FIRE ST A 110N #5 N N.T.S. INSTALL ACCESSIBLE RAMP IN COMPLIANCE WITH CITY OF FORT WORTH AND TAS STANDARDS (typ) (DETAIL 01 similar) D a t e : 03 /18 /10 SKETCH NO: RP-1 FORT WORTH, TEXAS ~--A <D EJ._J 6'-o" 3'-6" 6'-Q" ._____A PLAN BRICK PAVERS SHALL BE 7 a"x3 ij"x 2 i'° WITH CONTRASTING COLOR MEETING ADA SECTION 4.29.2 (PAVESTONE DETECTABLE WARNING PAVER OR APPROVED EQUAL.) PAVERS SHALL HAVE DETECTABLE WARNING THAT CONSIST OF RAISED TRUNCATED DOMES WITH A DIA. OF 0.9 IN. (23MM), A HEIGHT OF NOMINAL 0.2 IN. (5MM) AND A CENTER TO CENTER SPACING OF NOMINAL 2.35 IN. (60MM). 6' 4" 52" 4" 2% MAX 1: 12 MAX 6" MIN. 1" SAND BEDDING #3 @ 18" EACH WAY (TYP) SECTION "B-B" 01 Handicap Ramp Section Charles Gojer and Associates, Inc. Consulting Engineers O'l <D .- 1 ,..... 0 g 11615 Forest Central Dr. Suite 303 III Dallas, Texas 75243 (214) 340-1199 g TX Registration No . F-697 N.T.S. SKETCH TITLE: ACCESSIBLE RAMP DETAILS PROJECT NAME: FIRE STA TlON /15 FORT WORTH, TEXAS Dote :03/18/10 SKETCH NO: RP-2 .· .. :o ·.v · . .d . CAS T CONCR ET E --~ SEA L ANT----~ ----~H--~EAL AN T STOREFRONT FRAM E -~ STOR EF RON T INSU L ATrn-----1----1-1-31 GLASS WINDOW TYPE 11 111 HEA D D ETAIL 01 SCALE: 3•=1 1-0• STO REFRON T FRAM E --~ r--+-+-SLOPE TO DRAIN :Ll . . ·/J .. . . ~ . CAS T CON CRETE L) ' ~· . L) . "t,. .. f; .. 02 WINDOW TYPE "I" SILL DETAIL SCALE: 3•=1'-09 ADDENDUM 2 RPGA DESIGN GROUP, INC. 101 S. JENNINGS A VE, STE. 100 FT. WORTH, TEXAS 76104 817-332-9477 CD SHEET NO. A-7.02 FORT WORTH FIRE DEPARTMENT DATE: FIRE STATION #5 3-18-10 850 IRMA STREET FORT WORTH, TEXAS 76104 SK-1 2-PIEC[ RECLET STEEL ROOF JOIST REF. STRUCTURAL TI-IROUCH WAU. FlASHINC BOND S(At.4 REF. STRUCTURAL MASONRY ANCHORS AS REOVIREO DAMP PROOFl NG AS Sf'ECll CAST CONCRETE THROUGH WAU. FLASHING i,f-s;pa;;;:;;:::--:~;:~:~!-;~~ETE UNTa CAST STONE WAITRTABLE (BEYOND) CONCffET[ PAVING ANO Sl.A6 SI.OPE AWAY FROM STRUCTUR£ 1" DROP F'ROM F.t. CARTON FORMS COOCREl! FOUNDA TION REF. STRUCTURAL CONCRElr PIER REF. STRUCTUR AL 01 APPARATUS BAY WALL SECTION SCALE: 1/2' • 1'-0' ADDENDUM 2 RPGA DESIGN GROUP, INC. 101 S. JENNINGS AVE, STE. 100 FT. WORTH, TEXAS 76104 817-332-9477 FORT WORTH FIRE DEPARTMENT FIRE STATION #5 850 IRMA STREET FORT WORTH, TEXAS 76104 CD SHEET NO. 01/A-5.05 DATE: 03-18-10 SK-2 (J) w _J i= tj-= '--.. s;j- n ~ ~ s;j- .1 X co . tj- 0 r--- 1'-6" I <( '--.. (D ~ 0 {~ } f 'if' 1,t7 I I I I I I I I , ~II BllSlll! 11 ll!l > / ' I I I I I I I I / \ Ii : SHE LV ING / l-I= r== = I== : '[s~:~!: __ m L ~ l-,_ I= 1=== !L. - ="""" ' I / ~ l-~ 'I j / ~ / ~ ~ / I- / I\ ~ I/ J ~--------1,-' ~ 1'. ~ I} ' ~ ' \ ,-. ,__ ' -H,,;, ' I-' "' l I ====~==== J ' \ ~ J ' ,__ I, ' ~ !/ \ \ , "-"' TOIL ET PAPER HO LDER RESTROOM ~ ~ ' j b( j I} ' I • • / CERAMIC TILE I I I , " I I ililll. 11/l I 11m !18881 I / i--SHOWER HEAD BEYOND V f'v . "' .... I I I .,,v-1 @ 7'-0" A .F.F . -.,,_... ~ "I .. \ T ~ \ 0 \ E I D"" J\\~ E -GLASS SHOWER DOOR r -, ' \ WITH BOTTOM TRACK ,, j r, LAVATORY ~ I :Zs ,,.B,v -= ,..,.. I I r--. I LAVATORY CABINET /j h I/ / " llfflffll ~ v . " / '/ TERRAZZO " / I J ' I SHOWER PAN ~ "-- 14------------------------------------SCALE: 3/8 11 = 1 '-011 ADDENDUM 2 RPGA DESIGN GROUP, INC. 101 S. JENNINGS AVE, S TE. 100 FT. WORTH, TE X AS 76104 817-332-9477 FORT WORTH FIRE DEPARTMENT FIRE STATION #5 850 IRMA STREET FORT WORTH, TEXAS 76104 CD SHEET NO . 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I ~ ~~ ~ r ~~ z ~ ~~ s ~~ ~ "' Bi ~ I ~ i t' ~ Fire Station #5 City of Fort Worth , Texas March 18, 2010 Addendum No . 2 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT RPGA Design Group, Inc. Fire Station #5 Addendum No. 2 March 18, 2010 RPGA Design Group, Inc. 101 S. Jennings Avenue, Suite 100 Fort Worth, Texas 76104 (817) 332-9477 1 of 4 Fi re Stat io n #5 City of Fort Worth , T exas Ma rch 18, 2 010 Addendu m No . 2 ADDENDUM #2 FIRE S TATION #5 Bidders are advised of the following rev isions and clarifications and sha ll be governed acc ordin gl y. A. ADDITIONS: 1. PROJECT MANUAL (Specifications): a. Section 05400 -Cold Formed Metal Framing -See Attachment - 4 pages b. Section 07720 -Roof Accessories -See Attachment - 2 pages 2. DRAWINGS: a. RP-1 (reference Sheet C-5.0) -Partial Site Plan identify add ition of two (2) Acce ssible Ramps b. RP-2 (reference Sheet C-5.0) -Accessible Ramp Details c. SK-1 (reference Sheet A-7.02) -New Head and Sill Detail at Window Type "I" d. SK-2 (reference drawing 01/A-5.05) -Mod ifications to Apparatus Bay Wall Section e. SK-3 (reference drawing 14/A-6.02) -Modifications to Interior Restroom Elevation f. Sheet A-2.01 -Clarifications/Modifications -Clarification of extent of curb and gutter replacement and addition of two (2) accessible ramps . g. Sheet A-3.09 -Additional Details and Modifications -Add itional Plan Enla rgement Deta ils and Window Schedule Mod ifications h. Sheet A-5.09 -Additional Roof Details -Additional Typical Roof Details i. Sheet A-7.06 -Modifications -Mod ifications to Lintel Details B. REVISIONS/CLARIFICATIONS: 1. PROJECT MANUAL (Specifications): a. Section 03300 -Cast-In-Place Concrete Part 2, 2.05, A: (Delete) A. Underslab Vapor Retarder: Multi-layer, fabric-, cord-, grid-, or aluminum-reinforced polyethylene or equivalent, complying w ith ASTM E 17 45 , Class A ; stated manufacturer as suitable for installation in contact with soil or granular fill under concrete slabs . Single ply polyethylene is prohibited . b. Section 04065 -Mortar and Masonry Grout Part 2. 2.01, A: (Change) A. Portland Cement: Provide pre-mixed mortar complying with ASTM C 150 , Type I -Normal; as required to produce approved color sample. 1 . Pre-mixed Color: As selected by Owner/Architect RPGA Design Group, Inc. 2 of 4 Fire Station #5 City of Fort Worth, T exas March 18, 2010 Addendum No . 2 Part 2. 2.01, E, 2: (Change) 2. Manufacturers: a . Davis Colors b . Lambert Corpora ti on c. Solomon Colors d . ChemSystems, Inc. e. Substitutions : See Section 01600 -Product Requirements c. Section 04810 -Unit Masonry Assemblies Part 1, 1.06, A: (Change) A. Construct two (2) masonry wall mock-up panels as indicated in drawings approximately 8 feet long 6 feet high , wh ich includes mortar accessories. 1. The first mock-up panel will be for color selection. 2. The second mock-up panel w ill be from the product run to verify quality and reestablish color selection . Part 2 1 2.02, B: (Change) B. Facing Brick: ASTM C 216, Type FBS , Grade SW Part 2, 2.03, A: (Change) A. Portland Cement: Provide pre-mixed mortar complying with ASTM C 150 , Type I -Normal; as required to produce approved color sample . 1 . Pre-mixed Color: As selected by Owner/Architect Part 2, 2.03, B, 3: (Change) 3 . Manufacturers: a. Davis Colors b . Lambert Corporation c. Solomon Colors d . ChemSystems, Inc. e . Substitutions: See Section 01600 -Product Requirements d. Section 04720 -Cast Stone Part 1, 1.05, A: (Change) A. Manufacturer Qualifications: A current producer member of the Cast Stone Institute, the Architectural Precast Association (APA) and Precast Concrete Institute (PCI) with a minimum of 5 years of experience in producing cast stone of the types required for the project and : e. Section 07260 -Vapor Barrier Part 2, 2.03, A: (Change) A. Vapor Retarder Sheet: ASTM E 17 45 , Class A 1. Thickness: 15 mil 2. Water Vapor Permeance: <.01 perms [grains/(ft2 *hr* in.Hg)] as tested after mandatory conditioning (ASTM E 154 sections 8, 11, 12, 13) per ASTM F 1249 or ASTM E 96. 3 . Product: Stego Wrap Vapor Barrier -15 mil manufactured by Stego Industries , LLC ; www.stegoindustries.com . f. Section 10800 -Toilet, Bath, and Laundry Accessories Part 2, 2.04, D,1: (Change) 1. Size as indicated on drawings a . 36 " x 48" and 30" x 48 " as indicated b. 30 " x 48 "@ accessible restroom RPGA Design Group, Inc. 3 of 4 Fire Station #5 City of Fort Worth, Tex as Ma rch 18, 2010 Adde ndum No. 2 g. Section 15404 -Wells and Piping. Closed-Loop Geothermal Heat Pump System Part 1, 1 .2, A, 1: (Clarification) 1. Field measuring the ground conductivity a. Prior to submission of shop drawings , provide ground testing as ne cessary to determine the ground conductivity of the so il in the center of the area identified as the ground well area in the mechan ical draw ings. 3. DRAWINGS: a. Sheet P4.02 -Replace text in plumbing fixture schedu le for LH1 sink to read : Wall hung , white vitreous china , 22 " x 21 " wheelchair accessible lavatory. American Standard 0955 .000 single ho le drill w/concealed arm supports, Delta 501 single handle faucet, solid grid strainer , suppl ies , stops , P-trap . In pla ce of standard the rmal wrap provide American Standard 0059.020 shroud /k nee contact guard to enclose exposed piping under lavatory. C. ATTACHMENTS: a. Section 05400 -4 pages b. Section 07720 -2 pages c. RP-1 -Partial Site Plan -(8 W ' x 11 " drawing) d. RP-2 -Site Details -(8 W' x 11 " drawing) e. SK-1 -New Window Details -(8 W' x 11 " drawing) f. SK-2 -Modifications to Wall Detail -(8 W' x 11 " drawing) g. SK-3 -Modifications to Interior Elevation -(8 Yz'' x 11 " drawing) h. A-2.01 -Clarification/Modification of Curb , Gutter and Accessible Ramps -(24" x 36 " drawing) i. A-3.09 -Additional Plan Enlargement Details and Schedule Modifications -(24 " x 36 " drawing) j. A-5.09 -Additional Roof Details -(24" x 36 " drawing) k. A-7.06 -Modifications to Lintel Details -(24 " x 36 " drawing) END OF ADDENDUM #2 RPGA Design Group , Inc. 4 of 4 Fire Stati on #5 City of Fort Worth COLD FORMED METAL FRAMING -05 400 SECTION 05400 COLD FORMED METAL FRAMING PART1 GENERAL 1.01 SECTION INCLUDES A. Formed steel stud exteri or wall framing . B. Exterior wall sheathing . C. Water-resist ive barrier ov e r sheathing . 1.02 RELATED REQUIREMENTS A. Section 05120 -Structu ra l Steel: Structural building framing . B. Section 05310 -Steel Deck. C. Section 06100 -Rough Carpentry : Wood blocking and miscellaneous framing. D. Section 07212 -Board and Batt Insulation : Insulation within framing members . E. Section 07260 -Weather Barriers : Weather barrier over sheathing . F. Section 07900 -Joint Sealers. G . Section 09111 -Non-Loadbearing Metal Framing. H. Section 09260 -Gypsum Board Assemblies: Gypsum-based sheathing . 1.03 REFERENCE STANDARDS A. AISI SG02-1 -North American Specification for the Design of Cold-Formed Steel Structural Members ; American Iron and Steel Institute ; 2001 wi t h 2004 supplement. (replaced SG-971) B. ASTM A 153/A 153M -Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware; 2005 . C. ASTM A 1011 /A 1011 M -Standard Specification for Steel , Sheet and Strip, Hot-Rolled , Carbon , Structural , High-Strength Low-Alloy , High-Strength Low-Alloy with Improved Formability , and Ultra-High Strength ; 2008 . D. ASTM C 955 -Standard Specification for Load-Bearing (Transverse and Axial) Steel Studs , Runners (Tracks), and Bracing or Bridging for Screw Application of Gypsum Panel Products and Metal Plaster Bases; 2007. E. AWS 01 .1/01 .1 M -Structural Welding Code-Steel ; American Welding Society ; 2008 . F. SSPC-Paint 15 -Steel Joist Shop Primer ; Society for Protective Coatings; 1999 (Ed. 2004). G. SSPC-Paint 20 -Zinc-Rich Primers (Type I, "Inorganic," and Type II , "Organic"); Society for Protective Coatings; 2002 (Ed . 2004). 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordinate with wo rk of other sections that is to be installed in or adjacent to the metal framing system , including but not limited to structural anchors , cladding anchors, utilities, insulation , and firestopping. 1.05 SUBMITTAL$ A. See Section 01300 -Administrative Requirements , for submittal procedures . RPGA Design Group , Inc . 1 of 4 Fire Station #5 City of Fort Worth COLD FORMED METAL FRAMING -05400 B. Product Data : Provide data on standard framing members ; d escribe materials and finish, product criteria , limitations . C. Product Data: Provide manufacturer's data on factory-made framing connectors , showing compliance with requirements. D . Shop Drawings : Indicate component details , framed openings, bearing , anchorage , loading , welds , and type and location of fasteners , and accessories or items required of related work. 1. Indicate stud and ceiling joist layout. 2. Describe method for securing studs to tracks and for bolted framing connections . 3. Provide design engineer's stamp on shop drawings. E . Manufacturer's Installation Instructions : Indicate special procedures, conditions requiring special attention . 1.06 QUALITY ASSURANCE A . Designer Qualifications: Design framing system under direct supervision of a Professional Structural Engineer ex perienced in design of this Work and licensed in Texa s. B. Manufacturer Qualifications : Company specializing in manufacturing the types of products specified in this section , and with minimum three years of documented experience. C . Installer Qualifications : Company specializing in performing the work of this section with minimum three years of documented experience. 1.07 MOCK-UP A. Provide mock-up of e xterior framed wall, including components specified elsewhere , such as insulation, sheathing, window frame, door frame, exterior wall finish, and interior wall finish . B . Mock-up may remain as part of the Work. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Metal Framing , Connectors , and Accessories: 1 . Dietrich Metal Framing : www.dietrichindustries .com . 2. Marino\Ware : www.marinoware .com . 3. The Steel Network, Inc: www.SteelNetwork.com. 4 . Substitutions: See Section 01600 -Product Requirements. 2.02 FRAMING SYSTEM A . Provide primary and secondary framing members, bridging , bracing, plates, gussets , clips , fittings, reinforcement, and fastenings as required to provide a complete framing system. B. Design Criteria: Provide completed framing system having the following characteristics: 1. Design: Calculate structural characteristics of cold-formed steel framing members according to AISI North American Specification for the Design of Cold-Formed Steel Structural Members. 2 . Structural Performance: Design, engineer, fabricate, and erect to withstand specified design loads for project conditions within required limits. 3. Design Loads : In accordance with applicable codes. 4 . Live load deflection meeting the following , unless otherwise indicated: 5 . Able to tolerate movement of components without damage , failure of joint seals , undue stress on fasteners, or other detrimental effects when subject to seasonal or cyclic day/night temperature ranges. 6 . Able to accommodate construction tolerances , deflection of building structural members, and clearances of intended openings. RPGA Design Group, Inc. 2 of 4 Fi re Station #5 City of Fort Worth COLD FORMED METAL FRAMING -05 400 2.03 FRAMING MATERIALS A . Studs and Track: ASTM C 955 ; studs formed to ch annel , "C", or "Sigma" shape with pu nched web ; U-shaped track in ma tching nominal width and compat ible height. 1. Gage and depth: As required to meet specified performa nce le vels . 2 . Provide compon ents fabricated from ASTM A 1011 /A 1011 M, Designation SS steel. B. Framing Conne ctors : Fa ct ory -made formed steel sh eet , ASTM A 653 /A 653M SS Grade 50 , with G60/Z180 hot dipp ed galvanized coating and factory pun c hed hol es. 1. Structural Perfo rma nce : Maintain load and mov emen t capacity requ ired by applic able code, when ev alu ated in accordan ce with AISI Nort h Am eri can Specification for the Des ig n of Cold Formed Ste el Structural Members ; minimum 16 gage , 0 .06 inch thickness . 2. Provide non -mov ement connect ions for tie-down to found ation , fl oor-to-floor tie-down , roof -to -wall tie-down , joist hangers , gusset plat es , and sti ffeners. 2.04 WALL SHEATHING A. Wall Sheathing : See Section 09260 . 2.05 ACCESSORIES A. Bracing , Furring , Bridging : Formed sheet steel , thickness determined for conditions encountered ; finish to match framing compon ent s. B. Shop and Touch-Up Primer: SSPC-Paint 15 , complying with VOC limitations of authorities having jurisdiction. C. Touch-Up Pr imer for Galvan ized Surfaces : SSPC-Paint 20 , Type I -Inorganic , complying with VOC limitations of authorities having jurisdiction . D. Wat er-Resistive Barrier : As specified in Section 07250 . 2.06 FASTENERS A . Self-Dr illing , Self-Tapping Screws , Bolts , Nuts and Washers : Hot dip galvanized per ASTM A 153/A 153M. B. Anchorage Devices : Power actuated . C . Welding : In conformance with AWS 01 .1. PART 3 EXECUTION 3.01 EXAMINATION A . Verify that substrate surfaces are ready to receive work . B. Verify field measurements and adjust installation as required. 3.02 INSTALLATION OF STUDS A. Install components in accordance with manufacturers ' instructions and ASTM C 1007 requirements. B. Place studs at 16 inches on center ; not more than 2 inches from abutting walls and at each side of openings. Connect studs to tracks using clip and tie method . C . Construct corners using minimum of three studs . Install double studs at wall open ings , door and window jambs . D. Install load bearing studs full length in one piece. Splicing of st uds is not permitted. E. Install load bearing studs , brace , and re inforce to develop full strength and achieve design requirements . RPGA Design Group , Inc . 3 of 4 Fire Station #5 City of Fort Worth COLD FORMED METAL FRAMING -05400 F. Coordinate placement of insulation in multiple stud spaces made inaccessible after erection . G . Install intermediate studs above and below openings to align with wall stud spacing. H. Provide deflection allowance in stud track , directly below horizontal building framing at non-load bearing framing . I. Attach cross studs to studs for attachment of fixtures anchored to walls . J. Install framing between studs for attachment of mechanical and electrical items, and to prevent stud rotation . K. Touch-up field welds and damaged galvanized surfaces with primer. 3.03 WALL SHEATHING A. Wall Sheathing: Secure with long dimension perpendicular to wall studs , with ends over firm bearing and staggered , using self-tapping screws. 1. Place water-resistive barrier horizontally over wall sheathing, weather lapping edges and ends. 3.04 TOLERANCES A. Maximum Variation from True Position: 1/8 inch in 10 feet. B . Maximum Variation of any Member from Plane: 1/8 inch . END OF SECTION RPGA Design Group, Inc. 4 of 4 Fire Station #5 Cit y of Fort Worth SECTION 07720 ROOF ACCESSORIES PART1 GENERAL 1.01 SECTION INCLUDES A . Manufactured curbs and pedestals . 1.02 RELATED REQUIREMENTS A. Section 07536 -APP Modified Bituminous Roofing 1.03 REFERENCE STANDARDS ROOF ACCESSORIES -07720 A. ASTM A 653 /A 653M -Standard Specification for Steel Sheet , Zinc-Coated (Galvanized ) or Zinc-Iron Alloy-Co ated (Galvannealed) by the Hot-Dip Process ; 2007. 1.04 SUBMITIALS A. See Section 01300 -Administrative Requi re ments , for submittal procedures. B. Product Data : Manufacturer's data sheets on each product to be used. 1. Preparation instructions and recommendations . 2. Storage and handling req uirements and recommendations. 3. Installation methods. 4 . Maintenance requirements. 1.05 DELIVERY, STORAGE, AND HANDLING A . Store products in manufacturer's unopened packaging until ready for installation . B. Store products under cover and elevated above grade. PART 2 PRODUCTS 2.01 MANUFACTURED CURBS A. Manufactured Curbs and Other Roof Mounting Assemblies: 1. AES Manufacturing Inc .: www .aescurb.com . 2. The Pate Company : www .patecurbs .com. 3. RPS Accessories: www .rpscurbs .com. 4. Substitutions : See Section 01600 -Product Requi rements. B. Manufactured Curbs and Other Roof Mounting Assemblies : Factory-assembled hollow sheet metal construction with fully mitered and welded corners , integral counterflashing , internal reinforcing , and top side and edges formed to shed water. 1. Sheet Metal: Hot-dip zinc coated steel sheet complying with ASTM A 653 /A 653M , SS Grade 33 ; G60 coating designation ; 18 gage, 0.048 inch thick. 2. Roofing Cants : Provide integral sheet metal roofing cants dimensioned to begin slope at top of roofing insulat ion ; 1 :1 slope ; minimum cant height 4 inches. 3. Manufacture curb bottom and mounting flanges for installation directly on roof deck , not on insulation; match slope and configuration of roof deck. 4. Provide the layouts and configurations shown on the drawings . C. Curbs Adjacent to Roof Openings : Provide curb on all sides of opening , with top of curb horizontal for equipment mounting . 1. Provide preservative treated wood nailers along top of curb. 2. Insulate inside curbs with 1-1 /2 inch thick fiberglass insulation. 3. Height Above Finished Roof Surface: 6 inches, minimum . RPGA Design Group , Inc . 1 of 2 Fire Station #5 City of Fort Worth ROOF ACCESSORIES -07720 4 . Height Above Roof Deck: 14 inches, minimum. D. Pipe, Duct , and Conduit Mounting Pedestals: Provide and install pipe supports on walk pad for heavy piping (i.e . gas pipe larger than 4 inches) or additional layer of membrane for lighter gas piping , conduit , condensate piping, etc. Absolutely no wood blocking in me tal pitch pans. Furnish and install all manufacturer recommended Hold Down Straps/Brackets as required and adjust mounting heights as required to accommodate piping and or conduit elevations. See applications below: 1. Manufacturer : MAPA Products and Erico & Miro Industries a . Condensate Piping up to 2" in diameter -Model "MS-1" or "MS-1 E" by MAPA Products. b. Conduit up to 2 1/2" in diameter -Model "Caddy Pyramid 50 (6" high) by Erico . c. Piping (condensate and gas) and Conduit form up to 8 1/2" in diameter -Model "6-RAH-7" or "6-RAH-12" by Miro Industries, Inc. 2 . Accessories: Provide all accessories as recommended by manufacturer for proper installation of mounting pedestals . 3 . Height Above Finished Roof Surface: 6 inches , minimum. 4. Height Above Roof Deck: 14 inches, minimum. PART 3 EXECUTION 3.01 EXAMINATION A. Do not begin installation until substrates have been properly prepared. 8 . If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding . 3.02 PREPARATION A. Clean surfaces thoroughly prior to installation . B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. 3.03 INSTALLATION A. Install in accordance with manufacturer's instructions, in manner that maintains roofing weather integrity. 3.04 CLEANING A. Clean installed work to like-new condition . 3.05 PROTECTION A. Protect installed products until completion of project. 8. Touch-up , repair or replace damaged products before Substantial Completion. END OF SECTION RPGA Design Group , Inc . 2 of 2 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 1 CONSTRUCT FIRE STATION NO. 5 Request for Proposals Submittal Date: March 25, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : The Pre-Bid Conference was held at 10:00 AM on March 9 , 2010 at the Facilities Management/Architecturarservices Conference Room at 401 West 131h Street, Fort Worth. Attached is the list of the attendees (Attachment 1 ). Acknowledge the receipt of this Addendum No . 1 on your Proposal. WILLIAM A . VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama, AIA Architectural Services Manager '817-392-8088, FAX 817-392-8488 RELEASE DATE : March 9 , 2010 Fire Station No. 5 Addendum No . 1, March 9, 2010 Page 1 of 1 NOTICE TO OFFERORS Proposals for the construction of the new Fire Station No . 5 at 850 Irma Street , Fort Worth, w ill be received at the Purchasing Office , City of Fort Worth , 1000 Throckmorton , Fort Worth , 76102 , until 1 :30 P.M., Thursday, March 25, 2010, and will be opened and publicly read aloud approximately thirty m in utes later in the Council Chambers . After evaluating the Proposals submitted , the City shall select the Offeror that offers the Best Value to the City and enter into negotiations with that Offeror . The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification . A Pre-Bid Conference will be held at 10:00 A.M., Tuesday, March 9, 2009 at the Architectural Services conference room located at 401 West 13th Street , Fort Worth . The offers will be valid for ninety (90) calendar days. Estimated construction cost is in the $2 ,500 ,000 range . There is are five(5) Add Alternates : A . Add Alternate No. 1 -Ground Water Source Heat Pumps B. Alternate No . 2 -Energy Management System C. Alternate No. 3 -Terrazzo Flooring D. Alternate No. 4 -Terrazzo Flooring E. Alternate No . 5 -Ground Concrete Flooring MWBE participation will be evaluated in awarding this Contract. The MWBE participation requirement is 30%. Offerors must submit an M/WBE Plan on your own forms within 5 business days of submitting their Best Value Proposal. Refer to Paragraph 2, Minority and Women Business Enterprise (M/WBE) (Best Value Proposal) in the Instruction to Offerors . Failure to document proposed attainment will remove the Proposal from further consideration. Contact the M/WBE Office at (817) 392-6104 to obtain list of certified subcontractors and suppliers . Submit the M/WBE Plan in Paragraph 2 and Post Bid-PreAward documents in Paragraph 8 within 5 business days of submitting the Best Value Proposal. Submit these documents by 5:00 PM to Architectural Services at 401 West 13th Street , Fort Worth, Texas 76102 . Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. If you intend to submit a proposal, inform the Project Manager or Architect who can then inform interested subcontractors. General Contractors and Suppliers may make copies of the Instructions to Offerors , General Conditions, Drawings, and Specifications through their printer . The bid documents may be viewed and printed on-line. Bid documents are not available at the City. The bid documents may be viewed and printed on-line by logging on to https://p rojectp oint.buzzsaw .com/fortworthgov with the user name "Cowtown", password "Cowtown2004", and click on "T/PW Facility Projects". Contact the Project Manager, Ronald Clements , at (817) 392-8014 or Email Rona ld .Cle ments@fortworth gov.org for assistance. For additional information contact Javier Lucio , RPGA Design Group , Inc , (817) 332.9477 x 207 , or Email jlucio@rpgaarchitects .com . Advertisement: February 25 , 2010 March 4 , 201 O Fire Station No . F ebruary 20 10 NOTICE TO OFFERORS TABLE OF CONTENTS INSTRUCTIONS TO OFFERORS PROPOSAL TABLE OF CONTENTS TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE WAGES RATES WEATHER TABLE CONSTRUCTION CONTRACT PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW PROJECT SIGN Fire Station No . February 2010 INSTRUCTIONS TO OFFERORS 1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to th is Request for Sealed Proposals : • Us e the Proposal Form provided below . • Entries on the Proposal Form may be handwritten or typed. • Wri te in contract duration if not speci fi ed. • Acknowledge all addenda on the Proposal Fo r m . • Have a Principal sign the Proposal. If the Offeror is a corporation , the presi de nt or a v ice- president must s ign the Proposal. If the Offeror is a partn ers hip , the n the perso n/e ntity who is th e managing/general partner must sign the proposal. • Include cashier's check or an acceptable bidder 's bond written by a co r porate surety payable to the City of Fort Worth , in an amount of not less than five (5%) per cen t of the total of the bid submitted. In order for a surety to be acceptable to the City , the surety must (1) hold a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations perm itted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations perm itted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City , in its sole discretion , will determine the adequacy of the proof required here in. 1A. SELECTION OF CONTRACTOR: The City shall select the Offerer that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will consider: 1. Proposed price (60%) 2 . Proposed level of MWBE participation (10%) 3. Proposed project schedule (10%) 4. Reputation/exper ience of the Offeror as demonstrated by past project work and the report of references ( 10%) 5 . Offerer's past relationship with the City. (10%) **NOTE **: If the Offeror does not have previous work experience with the City, then the reputation evaluation criterion will represent 20 % of the overall score After ranking the responses to the RFP , the City shall first attempt to negotiate a contract with the selected Offerer. The City and its architect may discuss w ith the selected Offeror options for a scope or time modification and any price change associated w ith the modification . If the City is unable to negotiate a contract with the selected Offerer , the City shall , formally and in writing , end negot iations with that Offerer and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected . Fire Statio n No. F ebruary 20 10 2. 3 . 4 . MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) (BEST VALUE PROPOSAL) All Offerors shall note t hat it is the policy of the City of Fort Worth to ensure the full and equ itable participation of Minority and Women Business Enterprises (M/WBE) in the procurement of services with a fee of $25 ,000 or more by establishing an M/WBE goal. Within five (5) City business days from proposal submittal date, exclusive of the proposal submittal date, all Offerers will be required to submit information concerning the M/WBE(s) tha t will participate in the contract. The M/WBE goal is 30%. The information shall include : (1) the name , address and telephone number of each M/WBE and non -M/WBE ; (2) the description of the work to be performed by each M/WBE and non-M/WBE ; and (3) the approximate dollar amount/percentage of the participation for each M/WBE and non-M/WBE . Use your own forms. Submit the forms by 5:00 PM on the fifth City business day from the proposal submittal date to Architectural Services . 4 01 West 131h Street , Fort Worth, Texas 76102 . The M/WBE firm(s) must be located or doing business in the City's geograph ic market area that include the following nine (9) counties : Tarrant , Parker, Johnson , Collin , Dallas , Denton , Ellis , Kaufman and Rockwall. The M/WBE firm(s) must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division pr ior to recommendation for award being made by the City Council. If you cannot meet the City's M/WBE goal for this project, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure M/WBE participation . Contact the M/WBE Office at (817) 392 -6104 to obtain list of certified subcontractors and suppliers . Failure to submit the M/WBE participation information or the detailed explanation of the Offeror's Good and Honest Efforts to meet or exceed the stated M/WBE goal, may render the proposal non-responsive . The plan will be part of the final weighted selection criteria. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the bid submitted [See paragraph 1 above]. The Bid Security must accompany the bid and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded . The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of bids , unless the Bidder agrees to an extension . The surety must be licensed to do business in the state of Texas . PAYMENT BOND AND PERFORMANCE BOND : For projects in excess of $25 ,000 , the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded . The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253 , as amended . In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion , will determine the adequacy of the proof required herein. Fire Station No. February 2010 No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City . Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City If the total contract price is $25 ,000 or less , payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the City. If the contract is in excess of $25 ,000 , a Payment Bond shall be executed , in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work . If the contract amount is in excess of $100,000, a Performance Bond shall also be provided , in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans , specification , and contract documents. Said bond shall be solely for the protection of the City of Fort Worth . 5 . PRE-BID SITE INVESTIGATION : Prior to filing a response, the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required . The filing of a response by the bidder shall be considered evidence that it has complied with these requirements . 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal , the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must be paid on this project. 8. POST BID -PREAWARD SUBMITTALS: Offerors are required to submit the following information to the Architectural Services Division, Facilities Management Group, 401 West 13th Street, Fort Worth , Texas 76102 (phone number 817-392-8088), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: Minority/Women's Business Documentation (for bids in excess of $25,000) Contractors Qualification Statement (AIA Form A305), including client references . Proposed Subcontractors and Suppliers Project Schedule Schedule of Values or Divisions 1 through 16 Breakouts Proof of insurability for Statutory Workers Compensation Insurance Submit the documents by 5:00 PM on the fifth City business day from the proposed submittal date to Architectural Services, 401 West 131h Street, Fort Worth, Texas 76102 . 9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors . The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Fire Station No . February 2010 Should a Offe ror find any discrepancies in the drawi ngs 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 place designated for distribution of Bid Documents by the Notice to Offerors. The Contractor is respons ible for determ ining 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 . Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive . It is the Contractor's responsib ility 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 can be 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 w ill 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 . Fire Station No. February 2010 TO : MR. DALE FISSELER , PE CITY MANAGER ATIN: PURCHASING OFFICE 1000 THROCKMORTON PROPOSAL CITY OF FORT WORTH , TEXAS FOR: Fire Station No . 5 850 Irma Street Fort Worth , Texas Project No . TPW2007 -22 Pursuant to the forego ing "Instructions to Offerers ," the undersigned has thoroughly exam ined 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 Directo r of Transportation and Public Works of the City of Fort Worth . Upon acceptance of this Proposal by the City Council , the bidder is bound to execute a contract and , if the contract amount exceeds $25 ,000 .00 , furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for perform ing and completing the Work within the time stated and for the following sum , to wit: DESCRIPTION OF ITEMS · Base Bid ·2 1 9-0fo 1 000 J Completion within 'L =t3 calendar days after date of Not ice to Proceed . A. Add Alternate No . 1 -Ground Water Sou rce Heat Pumps : $ I 02-, ()]? Additional Calendar Days , if needed __ Q,__ ___ _ B. Alternate No . 2 -Energy Management System : $ 3 5°, 0 9 Q Additional Ca lendar Days , if needed <;j).. 1 C. Alternate No. 3 -Terrazzo Floor ing : $ 5 ( :3 9 '2_ Additional Calendar Days , if needed --~-'----- D. Alternate No . 4 -Terrazzo Flooring: &_10:..-..., ..... t _b_lf_,_2 __ Additional Calendar Days , if needed __ l_y-' ___ _ E. Alternate No . 5 -Ground Concrete Flooring : $ Z I 35 i Add itional Calendar Days , if needed __ q ____ _ Fir e Statio n No. 5 Add endum No. 2 , 18 Marc h 2010 (A ttac hm ent No. 1) UNIT PRICES A. B . C. D . Item : 18 " Pier ; depth/foot -additional ;$ 'lb /linear foot. Item : 18" Pier ; depth/foot -reduction ; $ __ l _"t-_~/linear foot (m inimum of 66 % of additional cost in "A" above). Item: Casing for 18 " Pier ; depth/foot -additional ; $ "3 9 /linear foot. Item: Well Loops and Piping/ foot -additional ; $+-'linear foot. 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 referr ing employee applicants to the undersigned are not discriminated aga i nst as proh ibited by the terms of City Ordinance 7278 as amended by City Ord inance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerers : The 1985 Session of the Texas Leg islature 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-res ident bidders (out of state contracto rs whose corporate offices or princ ipal place of business are outside of the State of Texas) that bid projects for construction , improvements , supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located . The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications . The failure of out of state or non-resident bidders Failure to complete the forms may disqualify tha t bidder . Resident bidders must check the box in Sect ion B. A. U Non -resident vendors in (give state), our principal place of business , are required to be __ percent lower than resident bidders by state law. U Non-resident vendors in (give sta te), are not requ ired to underbid resident bidders . B. ~I Ou r principal place of business or corporate offices are in the State of Texas . Within ten (10) days of receipt of notice of acceptance of this bid , the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the fa ithful performance of this contact. The attached depos it check in the sum of Dollars ($5% Bid ) is to become the property of the City of Fort Worth , Texas , or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth , as liquidated damages for delay and additional work caused thereby . MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE ): (For bids in excess of $25 ,000) Fi re Station No. 5 Ad dendum No . 2 , 18 March 20 I O (Attac hm ent N o . I ) I am aware that I must submit information the Director , Transportation and Public Works , concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted , By : Address : Jon Jones Printed Name of Principal 193 Co Ro ad Street Weatherford, Texas City Phone : 817 -3 41-8886 Fax 817-341-0191 Vice President Title 76087 Zip Email: j j ones@imperial-cons truction . com Receipt is acknowledged of the following addenda : Addendum No . 1: X Addendum No. 6 : X Addendum No. 2 : X Addendum No . 7 : X -- Addendum No . 3: X Addendum No . 8: X Addendum No . 4 : X Addendum No. 9: X Addendum No . 5: X Addendum No. 10: Fire Station No . 5 Addendum No. 2 , 18 Marc h 2010 (Attachment No . I) M/WBE REQUIRED DO CUMENTATION RECEIPT Transportation & Public Works Department Architectural Services Division, Facilities Management Group Official Date: JL_,_L,J12 Official Time: Bid Date: Project Name: Project Manager: Forms Submitted By Name: Company: Received By: March 25, 2010 Construct Fire Station No. 5 Ronald Clements lmpejriaJI Constr~uctio&n, Inc. m 1 .. './ A ,. 111 L/Ld /'le~ CONTRACTOR Imperial Construction, Inc. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ARCHITECTURAL SERVICES/ FACILITIES MANAGEMENT GROUP MWBE PARTICIPATION FIRE STATION 5 BIDS RECEIVED: MARCH 25, 2010 NAME $ BID D/M/WBE DWMBE ' $ 2,206,000.00 Brock Environmental Services, LLC $ 5,113.00 Prime Pest Management, Inc. 604.00 Metro Fence Construction , LLC 18,955.00 Consys Concrete Corporation 293,074.00 Father and Son's Masonry & Stucco, Inc. 340,000 .00 Pasada's Paint Contractors 22 ,2 95 .00 Unified Services of Texas, Inc.· 42,638.00 Fire Safety Solutions , Inc. 8,392.00 Total $ 731,071.00 SEE ATTACHMENTS APPROVED -PROJECT MANAGER: APPROVED -DBE ADMINISTRATOR: % TOTAL% DWMBE DBE 0 .23% 0 .03% 0.8 6% 13.29% 15.41% ., 1.01% 1.93% 0.38% 33.14% DATE: DATE: Company Name Address David Melville Excavating, Inc . PO Box 68, Azle, TX 76098 Brock Environmental 422 East Interstate 30, Suite F, Services, LLC Royse City, TX 75189 2614 Freewood Drive, Dallas, Prime Pest Management TX 75220 Warford Irrigation & Landscape PO Box 836, Whitewright, TX 1703 Rasbury Ct ., Mesquite, D.P. Mechanical, Inc. TX 75181 Paver Systems International, PO Box 660, Cedar Hill, TX Inc. 75106 306 Tucson Dr., Duncanville, Metro Fence Construction TX 75116 2101 W . Oak St ., Ste . 100, Stripes Parking Lot Svc., Inc. Denton, TX 76201 Consys Concrete 11010 Switzer Avenue, Suite Corporation 104, Dallas, TX 75238 Father & Son's Masonry & 1266 Narrow Lane, Red Oak, Stucco , Inc . TX 75154 1155 W . Hurst Blvd., PO Box MMW Fabrication, Ltd. 217, Hu rst, TX 76053 2626 S. Sheridan, PO Box Balco, Inc . 17249, Wichita, KS 67217 6969 Clarkridge Drive #1008, Jabbar Construction Dallas, TX 75236 2525 Arkansas Lane, John Wade's Roofing Arlington, TX 76016 630 Tower Dr., Kennedale, TX Grizzly Glass & Mirror, Inc. 76060 4/1/2010 City of Fort Worth Construct Fire Station No. 5 M/WBE Information Telephone Number Description of Work Dollar Amount 817-444-9398 972-636-7717 214-358-8515 903-364-2634 214-912-1005 972-299 -2246 972-708-9000 940-566-3054 214-349-3782 972-576-5432 817-284-4978 888-43 7-4431 214-998-6241 817-681-0393 817-483-4747 0201 -Demo & Earthwork 0202 -Erosion Control 0203 -Termite Pretreatment 0204 -Landscaping & Irrigation 0205 -Site Utilities 0206 -Retaining Walls 0207 -Fencing 0207 -Parking Lot Striping 0301 -Concrete 0401 -Masonry 0501 -Structural Steel 0502 -Expansion Joint Covers 0601-Cabinetry 0701 -Roofing 0702 -Metal Soffit Panels Imperial Construction Fort Worth Fire Station #5 M/WBE Summary $46,000.00 $5,113 .00 $604 .00 $27,000 .00 $25,000.00 $18,000 .00 $18,955 .00 $980.00 $293,074.0 0 $340,0'00 .00 $86,879 .00 $1,258.00 $28,000.00 $65,000 .00 $63,000 .00 % of Total Bid M/WBE Certified 2.1% 0 .2% 0 .0% 1.2% 1.1 % ., 0.8 % 0 .9% . 0 .0% 13.3% Yes (NCRTCA) 15.4% Yes (NCRTC A) 3.9% 0 .1% 1.3% 2.9% 2 .9% Page 1 of 3 5401 Smokethorn Dr., Keller, Wyatt J. Parker LLC TX 76244 1173 113th St ., Grand Prairie, DFW Door & Hardware TX 75050 Imperial Construction (Self Peformed) PO Box 270489, Dallas, TX ABC Doors of Dallas, Inc. 75227 2706 E. Gentry Pkwy., Tyler, Glass Services, LLC TX 75706 J. Calahan Drywall & 1001 Lynn Ct ., Cleburne, TX Acoustics 76033 100 S. Crockett #100, Ultimate Flooring Solutions Sherman, TX 75090 American Terrazzo 309 Gold Street, Garland, TX Company, Ltd. 75042 9027 Quinn St ., Dallas, TX Pasada's Paint Contractors 75217 PO Box 29042, 10911 Dennis Claerhout Associates Rd . #403, Dallas, TX 75229 525 Western Ave ., Schofield, The Airolite Company WI 54476 12640 East Northwest Highway, Suite 413, Dallas, TX Tex-Sun Shade & Blind Co . 75228 7514 Pebble Dr., Bldg. 30, Fort Symonds Flags & Poles Worth, TX 76118 12640 East Northwest Highlf,,'ay, Suite 413, Dallas, TX Tex-Sun Shade & Blind Co . 75228 1158 Hwy. 78 South, Diversified Interests, Inc. Farmersville, TX 75442 670 SW 15th St., Forest Lake, Gear Grid Corporation MN 55025 2011 North Collins, Suite 603, B&W Sales, Inc . Richardson, TX 75080 4/1/2010 817-741-6017 972-988-3070 214-388-8707 903-593-4191 817-558-4121 903-870-1577 972-272-8084 214-391-7179 972-484-5173 715-841-8757 972-279-0132 817-590-4496 972-279-0132 972-784-8271 888-643-6694 972-644-2393 0703 -Caulking & Sealing 0801 -Door, Frame, & Hardware Supplier 0802 -Door, Frame, & Hardware Installation 0803 -Overhead Doors 0804 -Glass & Glazing 0901 -Drywall, Metal Studs, Insulation, Acoustical Ceilings 0902 -Ceramic Tile & Resilient Flooring 0903 -Terrazzo 0904 -Painting 1001 -Visual Display Boards 1002 -Louvers 1003 -Corner Guards 1004 -Flag Pole 1005 -Signage 1006 -Lockers 1007 -Gear Grid Bunker Lockers 1008 -Fire Extinguishers Imperial Construction Fort Worth Fire Station #5 M/WBE Summary $11,000.00 0.5 % $22 ,000 .00 1.0% $4,125.00 0.2 % $36,000 .00 1.6% $40;000 .00 1.8% $65,000 .00 2 .9% $21,000 .00 1.0% $22,500 .00 1 .0% $22,295 .00 1.0% Yes {NCRTCA) $600 .00 0 .0% . $1,269 .00 0 .1% $3,500 .00 0 .2% $2,400 .00 0 .1% $3,500.00 0 .2% $17,931.00 0 .8% $14,251.00 0.6 % $944 .00 0.0 % Page 2 of 3 1743 Quincy Ave ., Suite 151, The Mailbox Works Naperville, IL 60540 800-824-9985 11240 Gemini Lane, Dallas, TX RDL Supply 75229 214-630-3965 Unified Services ofTexas, 2110 Greenbriar Drive, Inc. Southlake, TX 76092 817-481-9510 100 Riverside Dr., Fort Worth, Alamo Appliance TX 76104 817-531-2701 2803 Chalk Hill Rd ., Dallas, TX Alecom Metal Wo r ks, Inc . 75212 972-438-1032 12640 East Northwest Hwy., Tex,Sun Shade & Blind Co . Suite 413, Dallas, TX 75228 972 -279-0132 Engineered Fire Systems, Seven Crossroads Court, Fort Ltd . Worth, TX 76132 817-905-8887 D.R. Hammer Plumbing 4625 C.R . 610, Alvarado, TX Contractors, Inc . 76009 817 -790-2085 3303 Pecan Drive, Flower Lake City Service Company Mound, TX 75028 972 -355-7007 PO Box 2429, Pottsboro, TX JRB Electric, Inc . 75076 903 -786 -5840 3320 Towerwood Dr., Farmers Fire Safety Solutions, Inc . Branch, TX 75243 214-217-3774 Five Star Alarm & 3200 Rufe Snow Drive, Fort Communications, Inc . Worth, TX 76118 ' 817-595-1311 4/1/2010 1009 -Mailbox 1010 -Toilet Accessories 1101 -Fuel Equipment 1102 -Resid ential Applianc es 1103 -Custom Stainless Ste el 1201 -Window Blinds 1501 -Fire Sprinkler 1502 -Plumbing 1503 -HVAC 1601 -Electrical 1602 -Fire Alarm 1603 -Sound System Total Contract Total M/WBE Participation Total M/WBE Percentage Imperial Construction Fort Worth Fire Station #5 M/WBE Summary $197 .00 0 .0% $2,263 .00 0 .1% $42 ,638 .00 1.9% $14,746.00 0.7% $3,500 .00 0 .2% $2,900 .00 0 .1% $14,000 .00 0 .6% $108,000.00 4 .9 % $100,000 .00 4 .5% $170,000 .00 7.7% $8,392 .00 0 .4% Yes (N CRT CA) . $3 ,500 .00 0 .2% $2 ,206,000 $663 ,966 30 .10% Page 3 of 3 ~. GOES 346 NCTRCA Minority Business Enterprise Certification ConSys Concrete Corp. Minority Business Enterprise has filed with the Agency an Affidavit as defined by the NCTRCA M/WBE policies & procedures and is hereby certified to provide service(s) in the following areas: 238110 : Poured Concrete Foundation and Structure C ntractors ; July 2009 This Certification is valid beginnin and superseded any registration or listing previously issued. This certification must be updated annually by submission of an Annual Update Affidavit. At any time there is a change in ownership or control of the firm, notification must be made immediately to the North Central Texas Regional Certification Agency. Certificate expiration. ____ ___:J:...;:u::..:.1.,__ _______ ,20 10 Certification Administrator Issued date _________ J_u_l_y ________ ,20_0_9 __ CERTIFICATION NO. BMMB41706N0710 w l'J <[ 0... CJ) z 0 CJ) 0 z <[ ct: w I I- <[ LL (Y) (Y) ,;j" LO LO !'- LO N !'-en LO (Y) N N (SJ <""""I (SJ N ' (SJ (Y) ' (Y) (SJ . . . . : . . ···· ... =· NCTR.CA . . . ·. . . . . ..... Minority Busin~ss Enterprise .:Certification · . . . . . . . . . •• . 1 • . . . • . . . . . : . . . . . . . : . . . . Father~~i.so,ts Masonry& Stucco~ Inc. . ·.. . . . . . . . - .. . . . . . . . . . . - fu1$ filed w~th ' tkt·A~ ,t:~. ·appmpriat~ ~~lt~'l'lHf 19. hen~'.y.1:~tu,pn1~.1)le serv.ic;e(~) in tht fo.UQ~f:ng ' ~r ea s; . .. . . . . . · : :. . . .• • . . . ·: . JKmo:qty ~$lfi~as t~ryj:r.1s_~ . • . : . · · : ·:· · . • ·•·· . " .. .... . :4. ·' ::·:: ... _._ .. : :: :: : . ___ _. ... ~1~;-:. . . ~l'Y :~1*1~;::···· ..· ·:·:··· ., .. ··: · . . ~ . . las~ d.at~ ___ __,,, ________ r1Mt_ .. _,en_._·~~.,....,· 20_· ·_ 09 CElU'IFlCATION NO~. NCTRCA Disadvantaged Business Enterprise Certification Posada Painting Disadvantaged Business Enterprise has filed with the Agency an Affidavit as defined by 49 CFR part 26 and is hereby certified to provide service(s) in the following areas: 238320; Painting and Wall Covering Contractors; July 2009 This Certification Is valid beginning and superseded llny registration or listing previously issued. This certification must be updated annually by submission of an Annu a l Upda t e Affidavit. At nny time there is a charge in ownership or control of the firm, notification must be macle immediately to the North Central Texas Regional Certilicntion Agency or an TUCP certifying entity. .. . ..._.... .-~- July Certificate expiration-----------' 20 __ July 10 09 l/&2c:,,)(~u Issued date _______________ , 20 HFDB41632Y0710 CERTIFICATION NO. Certification Administrator I h k..-j ,. 11 Q II :I OJ j w .... .... 0 .... I\) 0 w " -u 0 CJ) :n t:l J) CJ) -u :n ...... 2 -i ...... 2 C1 I\) ,_. .I>, I w Ul ,_. I ..J ,_. CD Ul " I\) . ©GOES346 NCTRCA Disadvantaged Business Enterprise Certification Fire Safety Solutions, .Inc Disadvantaged Business Enterprise has filed with the Agency an Affidavit as defined by 49 CFR part 26 and is hereby certified to provide service(s) in the following areas: 423850; Service Establishment Equipment and Supplies Merchant Wholesalers;· This Certification is valid beginning November 2009 and superseded any registration or listing previously issued. This certification must .be updated annually by submission of an Annual Update Affidavit. At any time there is a charge in ownership or control of the firm, notification must be made immediately to the North Central Texas Regional Certification Agency or an TUCP certifying entity. November 10 Certificate expiration-----------' 20 __ Certification Administrator Issued date _________ N_o_v_e_m_b_e_r _ __, 20~ CERTIFICATION NO. WFDB43109Y1110 Lltho. in U.S.A. ' TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Name of Purchaser , Firm or Agency: City of Fort Worth , Texas Address (Street & Number, P.O . Box or Route Number): 1000 Throckmorton City, State , Zip Code: ~F~o~rt~W-'-=-o=rt~h ._T'---'e=x=a=s~7~6~1~0=2 __________ _ Telephone: (817) 392-8360 I, the purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice from : All vendors Description of the items to be purchased, or on the attached order or invoice : All items except motor 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 due for failure to comply with the provisions of the state , city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value 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 in a manner other than expressed in this certificate and that upon conviction I may be fined not more than $500 per offense. \L, _j \\ Purchaser: . ~~ Title: Purchasing Manager Date : February 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 Tax "Exemption Numbers" or 'Tax Exempt" Numbers do not exist. This certificate should be fumished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Fire Station No. 5 February 2010 Classification AC Mechanic AC Mechanic Helper Acoustical Ceiling Mechanic Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywa ll Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helpe r 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 Pipefitter Pipefitter Helper Plasterer Plasterer Helper Fire Station No. 5 February 2010 CO,NSTRUCTION INDUSTRY ' . Hrly Rate Classification Hrly Rate $21.69 Plumber $20.43 $12 .00 Plumber Helper $14.90 $15.24 Reinforcing Steel Setter $10.00 $19.12 Roofer $14.00 $10 .10 Roofer Helper $10.00 $16.23 Sheet Metal Worker $16.96 $11. 91 Sheet Metal Worker Helper $12.31 $13.49 Sprinkler System Installer $18.00 $13.12 Sprinkler System Installer Helper $9.00 $14.62 Steel Worker Structural $17.43 $10 .91 Concrete Pump $20.50 Crane, Cl amsheel, Backhoe, Derrick, D'Line $13.00 Shovel $17.76 $9.00 Forklift $12.63 $20.20 Front End Loader $1 0 .50 $14.43 Truck Driver $14.91 $19.86 Welder $16.06 $12.00 Welder Helper $9.75 $20.00 $13.00 $18.00 $13.00 $14 .78 $11.2 5 $10.2 7 $13.18 $16.10 $14.83 $8 .00 $18 .8 5 $12.83 $17.25 $12 .25 ( 1) (2) (3) * WEATHER TABLE Month Average Inches of Days of Rainfall Rain 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 rain, snow, and ice are based on records covering 27 years . Precipitation is based on record of 1941-1970 period This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days . If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month, the contract period will be adjusted by Change Order. Fire Station No. 5 February 2010 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 Conditions , Special Conditions , Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties , Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties , and no prior or contemporaneous , oral or written agreements , instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents . After being executed , the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order , or by a written Field Order for a minor change. A-3 WORK: By the term Work is meant all labor, supervision , materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in six originals , with all required attachments, including required bonds and insurance certificates , by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK : Before filing a Proposal , the bidder shall examine carefully the , plans , specifications, special provisions , and the form of contract to be entered into for the work contemplated . He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. 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 compen sa tion 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 Specifi cations into Divisions , Sections , Articles , or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades . A-8 INTERPRETATIONS: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work . Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor or materialsman , or involving any question of fault or liability of any party , the decision of the Owner shall be final and binding . In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used -in order of precedence : Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings ; Notes and dimensions on Drawings ; Technical Specifications ; Special Provisions ; Supplementary General Conditions ; General Conditions; and , Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications . Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications 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 Fire Station No . 5 (February 2010) Page 1 of 26 A-10 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) POLICY: 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 City policy and procedures to be followed in subm itting bids is included. The City of Fort Worth MWBE Program will take precedence over other subcontracto r utilization programs on Block Grant and other federally funded Projects . A-11 CORRELATION AND INTENT: In general , the drawings indicate dimension , locations, positions, quantities , and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa , shall be furnished as though set forth in both. Work not detailed , marked or specified shall be the same as similar parts that are detailed , marked or specified . If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included . Dimensions on drawings shall take precedence over sma ll-scale drawings . Drawings showing locations of equipment, piping , ductwork , elect rical 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 covenan ts 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, di scrim inate against persons because of their age except on the basis of a bona fide occupational qualification , retirement plan or statutory requirement. Contractor furth e r covenants that neither it nor its officers, members , agents , employees , subcontractors , program participants ; or persons acting on their behalf, shall specify , in solicitations or advertisements for employees to work on this contract, a ma xim um age limit for such employment unless the specified maxi mum 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 re fe renced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public , nor in the availability , terms and/or conditions of employment for applicants for employment with , or employees of Contractor or any of its subcontractors . Contractor warrants it will fully comply with ADA provisions and any other applicable federal , state and local laws concerning d isa bility and will defend , indemnify and hold City harml ess against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: Where the term "Architect" is used in the "G eneral 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 (B CM ) to admin ister this contract and perform the functions of the "Architect" as indicated in the General Conditions. The design architect or engineer may also be designated to perform the duties of "Architect". The term "City" and "Owner" are used interchangeably and refer to the City of Fort Worth as represented by the Director of Transportation and Public Works or his designated representative . B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason . If the project is terminated , the Contractor shall : a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated . c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination . After termination as above , the City will pay the Contractor a proportionate part of the contract price based on the work completed ; provided , however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such cla im . 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 Fire Station No. 5 (February 2010) 8-3 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his authorized repre se ntative . 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 consu ltations 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 prepara tio n and progress . The Contractor shall pro vide facilities for such access so the Architect may perform its assigned functions und e r the Contract Documents. The Architect will make periodic visits to the Site to famil iarize himself with the progre ss and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-s ite observation s , the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments , the Building Construction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS: The Architect will be , in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final dec is ion of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents . B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform to the Plans and Specifications. In add ition , whenever, in its reasonable opinion , the BCM considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications , the BCM will have authority to require the Contractor to sto p the Work or any portion thereof, or to requ ire special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed . 8-8 MISCELLANEOUS DUTIES OF ARCHITECT Shop Drawings. The Architect will review Shop Drawings and Samples . Two copies of each approved Shop Drawing and submitta l will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Change Orders . Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees. The Owner will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five cop ies of each guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion . The Architect will conduct the final acceptance inspection and issue the Certificate of Completion . Operation and Maintenance Manuals The Owner will receive six copies of all applicable equ ipment installation, operation , and maintenance brochures and manuals required of the Contractor . B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner , the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works , or shall appoint a successor Architect against whom the Contractor makes no reasonable objection . SECTION C OWNER C-1 IDENTIFICATION : By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Facilities Management Division. Generally speaking a designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as a point of contact for day-to-day contract administration. C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics , legal limits and utility locations for the site of the Work ; provided, however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for Joss or damage by virtue of any inaccuracies or deficiencies in such surveys . The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. General Conditions for Facility Construction Lump Sum Contract Fire Station No . 5 (February 2010) 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 ba sis 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 th e Plans and Specifications . Whenever , in its reasonable opin ion , the Owner considers it necessary or advisable in ord er to insure the proper realization of the intent of the Plans and Specificatio ns, the Owner will have authority to require the Contractor to stop the work or any portion thereof, or to requ ire the Contractor to stop the Work or any portion thereof, or to require spec ial inspection or te sting of the Work whether or not such Work be then fabricated , installed or completed . C-7 SUBSTANTIAL COMPLETION INSPECTION : Upon agreement of th e Contra ct or and Architect that the Work is substantially complete , the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete. defective or deficient shall be incorporated into a punch list and attached to the AIA document G704 , which is to be prepared and signed by the Contractor, and accepted , approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall , until the expiration of three years after final payment under this contract , have access to and the right to examine any directly pertinent books , documents. papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all his subco ntracts hereunder a provision to the effect that the subcontractor agrees that the City shall , until the expiration of three years after final payment under the subcontract . have access to and the right to examine any directly pertinent books , documents. papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used herein includes purchase orders . Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code . SECTION D CONTRACTOR D-1 IDENTIFICATION : The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative . D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor. not as agent , or employee of the City . Contractor shall have exclusive control of and the exclusive right to control the details of the Work and services performed hereunder, and all persons performing same . and Contractor shall be solely responsible for the acts of its officers , agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor. its officers. agents and employees , and the doctrine of respondeat superior shall not apply . D-3 SUBLETTING: It is further agreed that the performance of this Contract , either in whole or in part . shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth . D-4 REVIEW OF CONTRACT DOCUMENTS : The Contractor shall carefully study and compare the Agreement, Conditions of the Contract , Drawings , Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings , Specifications and Interpretations . D-5 SUPERVISION: The Contractor shall supervise and direct the Work. using his best skill and attention. He shall be solely responsible for all construction means , methods. safety, techniques. sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS : Unless otherwise specifically noted . the Contractor shall provide and pay for all labor. materials , equipment , tools , construction equipment and machinery, water, heat. utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work . The successful low bidder will use its reasonable best efforts to hire local laborers . workmen and materialmen . The general condition is not to be constructed as limiting the right of any bidder to employee laborers , workmen or materialmen from outside local area . General Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) The Contractor shall at all times enforc e strict discipli ne 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), includ ing the payment of not less than the rates determined by the City Council of the C ity 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 Determipat ion 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 Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified , and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards ·may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction , Excise and Use Tax. D-10 LICENSES. NOTICES AND FEES: The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections , whether permanent or temporary , required by law or these Contract Documents. The Contractor shall give all Notices and comply with all Laws , Ordinances , Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to , any of such Laws, Statutes , Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto . General Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) D-11 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances st ated 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 requ ired 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 w hich will include additional handling costs on the site , la bor, installation costs, field overhead , profit and other direct expenses resulting to the Contractor from any increase over the original allowance. D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and neces sary assistants who shall be in attendance at the Project site during the progress of the Work . The superintendent shall be satisfactory to the Contractor and the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to 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 o r 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, sched ul es, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship , and to establish standards by which the Work will be judged. The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work , six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments . Shop Drawings and Samples shall be properly identified as specified , or as the Architect may require. At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and ve rified 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. Genera l Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) The Architect's approval of Shop Drawi ng s or Samples sha ll not reli eve the Contractor of respo nsibi lity for any deviation from the requirements of the Co ntract Documents unl ess the Contractor has informed the Arch itect in writing of such deviation at the time of su bm ission and the Architect has given written approval to the s pecific deviation. Architect's app ro val shall not relieve the Co ntracto r from responsibility for err ors or omiss ions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample sub mis sio n shall be comme nced until the Archi tect has approved the submittal. All such portions of the Work shall be in accordance wi th approved Shop Dra wi ngs and Samples . D-18 SITE USE : The Co ntractor shall co nfine operations at the site to areas permitted by law , ordinances , permits an d the Co ntract Documents and shall not unreasonably .encumber the site with a ny mate rial s or eq uipm ent. Until acceptance of the Work by the City Co uncil of the City of Fort Wort h, the entire site of the Work sha ll be under th e exclusive co ntrol , ca re and res ponsibility of the Co ntractor. Contractor sha ll take every precaution against injury or damage to persons or property by the actio n of the ele ments or from an y other cause whatsoeve r . The Co ntractor sha ll rebu il d , repair, restore and ma ke good at his own expenses all injuries or damag es to a ny portion s of the Work occasioned by any of the a bove, caused before acceptance . D-19 CUTTING AND PATCHING OF WORK: The Con tra cto r sha ll do all cutting, fitti ng o r patchi ng of his Work that may req uire d to make its severa l parts fit togeth er properly, and shall not e ndanger any Work by cutting , excavating or otherwise altering the Work or any part of it. D-20 CLEAN UP: T he Contractor at all times shall keep the prem ise s free from accumulation of waste materials or rubbish. At the completion of the Work he shall remove all hi s waste materials and rubbish from and about the Project as well as all his tools , construction equipment , machinery and surplus materials , and shall clean all glass surfaces and leave the Work "Broom-clean" or its equivalent, except at otherwi se specified. In addition to removal of rubbish and leaving the buildings "broom-clean ", Contractor s hall clean all glass, replace any broken glass , remove stains , spots , marks and dirt from decorated work, clea n hardware , remove pa int spots and smears from all surfaces , clean fixtures and wash all concret e, tile and terrazzo floors. If the Contractor fa il s to cl ea n up , th e Owner may do so , and the cost thereof shall be cha rged 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 de si gn) proposed for such portions of the Work as may be designated in the bidd ing 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 object ion 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 organ ization , 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 Subcontra ctors and Sub- subcontractors) which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Arch itect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights ; 2 . Require that such Work be performed in accordance with the requirements of the Contract Documents ; General Conditions for Facility Construction Lump Sum Contract Fire Station No . 5 (February 2010) 3. Require submission to the Contractor of applications for payment under ea c h subcontract to which the Contractor is a party , in reasonable time to enable the Contractor to apply for payment ; · 4. Require that all claims for additional costs , extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner ; 5 . -Waive all rights the contracting parties may have against one another for damages caused by fire or other perils co vered by the property in surance , 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 se t 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 ph ysically 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 go als 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 ob tained 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 considered non-responsive . During Construction : Contractor shall provide copies 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 ordinance where such non-compliance constitutes a material breach of contract as stated here in, may result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time 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 its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportun ity 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/proposal 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 perform the subcontracting/supplier opportunity work , the Contractor 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 Contractor shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract , the Contractor wishes to change or delete one or more M/WBE subcontractors or suppliers. Justification for change of subcontractors may be granted for the following : 1. An M/WBE's failure to provide Workers' Compensation Insurance evidence as required by state law; or 2. An M/WBE's-failure to provide evidence of general liability or other insuranc~ under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1) the limits required of the Contractor by the City; or 2) the limits contained in the Contractor's standard subcontract or supply General Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) • agreements used on other proj ects of s imilar size and scope a nd with in the Contractor'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) b) c) d) A change in the amount of the prev iously agreed to bid or scope of work ; or The contract prese nted provi des for pay men t once a month or longer and the Contractor is receiving pa yme nt from the C ity twice a month; or Any [imitation being placed on the ability of the M/WBE to report viola tions of th e Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide noti ce of any claim to the Contractor's surety company or insurance company. Mediation shall be a cons ideration before the request for change is approved . 4. An M/WBE defa ults in the pe rformance of the executed s ubcontra ct. In this eve nt, the Contractor shall : a) Request bids from all M/WBE subcontractors previously submitting bids for the work , b ) If reasonably practicable, request bids from previou s ly non-bidding M/WBEs, and c ) Provide to the M/WBE office documentat ion 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 pa rticipation of each subcontractor and supplier, including non-M/WBEs, used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractor shall also require each Subcontractor to make similar pa yments 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 hi s Work to the extent completed , less the retai ned percentage . The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he sha ll require each Subcontractor to make simi lar payments to his Subcontractors. The Owner may, on request and at its discretion , furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by su ch 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 comply with all applicable Federal , State , and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by the City, who is conta ined 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 compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City. The subcontractor can satisfy this requirement by submitting a property executed Department of Labor Form WH-347 . General Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) i' 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 co mpleted Standard Form 100 (Com pliance 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 connect ion with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Docum ents in each case shall be the contractor who signs each se parate 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 co nnect and coordinate his work with theirs . If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor , the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results . Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work , except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work . Should the Contractor cause damage to the work or property of any separate contractor on the site , the Contractor shall, upon due notice , settle with such other contractor by agreement, if he will so settle . If such separate contractor sues the Owner on account of any damage alleged to have been so sustained , the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense , and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, ·court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS : The Contractor shall do all cutting , fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or any other contractors by cutting , excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be 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 City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same . G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the Owner herein , the officers , agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong . G-4 COMPLIANCE WITH LAWS. Contractor agrees to 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 Fire Station No. 5 (February 2010) 7 The Ow ne r is res pon sib le for obtaining the Buildi ng Permit. The C ontracto r an d the appropriate subcon tractor are resp ons ible fo r obtain ing all other con stru ctio n perm its from the governing agencie s. Con tra ctor shall schedule all co de in spection s with the Co de In s pectio n Divi s ion in accordan ce w ith the permit requ iremen ts and submit a co py of updated schedul e to th e Co nstru cti on Ma nage r weekl y. Building , plumb ing , e lectri c al and me chani cal building permi ts are issued without charge . Water and se wer ta p, impact & access fees w ill be pai d by the City. Any other permit fees are th e respon si bility of the Contractor . · G-5 INDEMNIFICATION : Co nt ractor covenants and agrees to ind emnify City's e ngineer and architect, a nd th ei r perso nn el at the project site for Co ntra ctor's sol e neglig ence. In addition , Contractor covenants and agrees to ind e mn ify , hol d harmle ss and de fend , at its own expe nse , th e O wner, its officers, se rvants and employees, from and against any and all cla ims or sui ts for pro perty los s , propert y damag e , perso na l injury , in cl ud ing death , arising ou t of, o r all eged to arise out of , the work and servi ces to be perform ed here under by Co ntra ctor, its officers , age nts , employees , subcontractors , licensees or invitee s , 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. Co ntracto r lik ewi se covenants and agre es to indemnify and hold harml ess the Ow ner from and aga in st any and al l injuries to Own e r's officers , se rvants and employee s and any damage, loss or des tru ct ion to pro pe rt y of the Own er aris ing fr o m the pe rform ance of any of the terms and condi tions 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 eve nt Ow ner rece ives a written claim for damages ag a inst the Contractor or its subcontractors prior to final pa yment, final payment shall not be made until Contractor either (a) submits to Owner satisfa ctory evidence that the cla im has be en settl ed and /or a relea se from the cl aimant invol ved , or (b) provides Owner with a letter from Co ntractor's liability in s urance carrier that the claim ha s been re ferred to the insurance carrier. The Dire ctor may, if he de ems it appropriate , refu se to whom a cl aim 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 sha ll be binding upon and in sure to the benefit of the parti es hereto, their Successors or Assigns . Contractor shall not assign or sublet all or any part of this Contract or his rights or duti es hereunder without the prior written consent of the Owner. Any such purported assignment or subletting w it hout the prior written consent of Owner shall be void . c- G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intend ed , or if del ivered at or sen t by registered or certified mail to the last busine ss address known to him who gives the notice . G-8 SURETY BONDS: Surety Bonds are required on all City contracts in exce ss of $25 ,000 . The Contractor agrees , on the s ubmittal of his Proposal to make , execute and deliver to said City of Fort Worth good and suffi cien t surety bonds fo r t he fa ithful performance of th e terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the pro secution of the Work , su c h bonds being as provided and required in Article 5160 of the Revised Ci vil Statutes of Texas , as am e nd ed , 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 Counci l of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City . Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local , state and federal statu tes . To be an acceptable surety on the bond the name of the surety should be included on the current U.S. Treasury Li st of Acceptable . Sec urities [Circular 570], and must be authorized to do business in Texas. Sureti es not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus . Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 percent mu st be re insured 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 determ ined unsatisfactory at any time during same , t he 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 th e Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fa ils 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 d ifference to the Owne r . 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 lo ss when a particular design , process or the product of a particular manufacturer or manufacturers is specified ; however, if the General Conditions for Facil ity Construction Lump Sum Contract Fire Station No. 5 (February 20 10) 7 Contractor has reason to believe that the design , process or product specified is an infringement of a patent , he shall be responsib le for such loss unless he promptly gives such information to Owner. 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, te sting 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 Contractor to order such special in spection , testing or approval , and the Contractor shall give notice as required in the preced ing paragraph . If such special inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the performance of the Work , with Laws , Statutes , Charter, Ordinances , Regulations or Orders of any public authority having jurisdiction , the Contractor shall bear all co sts thereof, including the Architect's additional services made necessary by such cos ts ; otherwi se the Owner shall bear such costs , and an appropriate Change Order shall be issued . The Contractor shall secure certificate of inspection , testing or approval, and three copies will be promptly delivered by him to the Owner. The Architect will review the certificates and forward one copy of each with his recommendation(s) to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do . so promptly and , where practicable, at the source of supply . . Neither the observations of the Architect or the Owner in their administration of the Construction Contract , nor inspections , tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents . G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the Contractor may be required to perform the Work while the existing utility is in service. The existing utility service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities , the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility , an interruption may not be subject to schedule at the time desired by the Contractor. In such cases , the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work . Discrepancies between Drawings , Specifications , and existing conditions shall be referred to Architect for adjustment before work affected is performed . Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents . Prior to commencing work , the Contractor shall carefully compare and check all Architectural , Structural , Mechanical an Electrical drawings ; each with the other that in any affects the locations or elevation of the work to be executed by him , and should any discrepancy be found , he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the 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 WORK: The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved , replaced or protected, as required , whether or not shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings . Location of existing underground lines, shown the Drawings are based on the best available sources , but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas . G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the installation of jointed floor , wall and ceiling materials that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights ; General.Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) 2. Place joints to relate to all opening and brea ks in th e structure and be symmetrically placed wherever possible. Th is includes heating registers, light fixtures , equipment, etc. If because of the non-related sizes of the various materials and lo catio ns of openings , etc., it is not possib le to accomplish the above, the Contractor shall reque st the Architect to determin e the most satisfa ctory arrangement. The Co ntracto r sha ll estab li sh centerlines for all trades . G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improveme nt s from damages. Contractor's operations shall be co nfined to the immediate vicini ty of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existi ng adjacent facilities. Where new site work is to be connected to existing work , special care shall be exercised by th e Contracto r not to distu rb or damage · the existing work more th an necessa ry . All damag ed work sha ll be replaced , repaired and restored to its original con ditio n at no cost to the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whe ther expressly stated or not, that nothing containing haza rdous materials, such as asbestos , shall be incorporated in to the proj ect. The Co ntracto r sha ll exercise every reasonable precaution to ensure that asbestos-conta ining materials are not in corporated into any portion of the pro j ect , including advising all materi a ls suppliers and subcontractors of this requirement. The Contractor shall verify that componen ts containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment , piping , ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the locati on shown. When this situatio n occurs , it shall be brought to the Arch ite ct's attention immediately and the relocation determined in a joint co nfere nce . The Contractor will be held responsible for the relocating of any items without first obtaining the Arc hitect's approval. He shall remov e 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 sha ll be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materia ls , products , proce sses , equipment, or the like be installed or applied in accordance with manufacturer's instructi ons , direction or specifications , or words to this effect , it shall be construed to mean that said application or installation shall be in strict accordance with printed in struct io ns furn ished 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 furni shed to the Architect and his approval thereof obtained before work is begun. G-22 CLEANING UP: The Contractor shall keep the premi ses free from accumulation of waste material or rubbish ca used by employees or as a result of the Work. At completion of work, the General Contractor shall , immediately prior to final inspection of complete bui lding , 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 re si lient 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 wa xed 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 grow1h . 9 . Clean all glass surfaces and mirrors of putty , paint materials, etc ., w ithout scratching or injuring the glass and leave th e work bright , clean and polished. Cost of this cleaning work shall be borne by Contractor. General Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) 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 al l work under the Contract. 11 . Burning : Burning of rubbi s h on the premises will not be permitted . G-23 DUST CONTROL: Precaution shall be exercised at all times to control du st created as a result of any operations during the construction period . If serious problems or complaints ari se due to air-borne dust, or when directed by the Architect, operations ca using such problems shall be tem porarily di scont inued and necessary step s taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good hou sekeeping practices to redu ce the ri sk of fire damage or injury to workmen . All sc rap mate rials , rubbish and trash shall be remove d daily from in and abou t the building and shall not be permitted to be scattered on adjacent property. Suitable storage space sh a ll be provided outside the immediate building area for storing flammable materials and paints ; no storage will be permitted in the building . Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods . A fire extinguisher shall be available at each location where cutting or welding is being performed . Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protec t against fire damage due to sparks and hot metal. When temporary heating devi ces 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 exi sting work is indicated , such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line , parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain . At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT Final Inspection. Record Drawings : Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual : Sheets shall be 8 Y," x 11 ", except pull out sheets may be neatly folded to 8 Y, " x 11 ". Manuals shall be bound in plastic covered , 3 ring , loose leaf binder with title of project lettered on front and shall contain : 1) Name , address and trade of all sub-contractors . 2) Complete maintenance instructions ; name , address , and telephone number of installing Contractor, manufacturer's local representative , for each piece of operative equipment. 3) Catalog data on plumbing fixtures , valves , water heaters, heating and cooling equipment, temperature control , fan , electrical panels , service entrance equipment and light fixtures . 4) Manufacturer's name, type , color designation for res.ilient floors, windows, doors , concrete block , paint , roofing , other materials . Submit six copies of Maintenance Manual, prior to request for final payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense , competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start up . After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment , guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year. In addition , where separate guarantees, for certain portions of work , are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods . Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse , neglect by Owner or his successor(s) in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein . Unless supplemented by the Technical Specifications or the manufacturer's normal extended General Conditions for Facility Construction Lump Sum Contract Fire Station No . 5 (February 2010) warrantees, the Contractor shall warrant all work materials , and equipment against defects for a period of one yea r from the date of final acceptan ce. The Co ntracto r further agrees to bear all costs of maki ng good all work that is found to be defective or not provided in accordance with the Contract Documents . Additionally if the facility or con tents are damaged due to defective materials or workmanship of the Contractor , the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition . G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment , one print of each of the drawings accompanying this specification shall be nea tly and clearly marked in red by the Contractor to show va riations between the construct io n actually provided and that indicated or specified in the Contract Documents . The annotated documents shall be delivered to A rchitect. Where a choice of materials and/or methods is permitted herein and w here va riati ons in the scope or character of the wo rk from the entire work indicated or specifie d are permitted eithe r by awa rd of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall de fine the construction act ually pro vid ed. The represe ntation of such variations shall co nform to standard drafting practice and shall include supplementary notes, legends and deta ils which may be necessary for legibi lity and cle a r portra ya l of the actua l construction . The re cord drawings shal l indi cate , in addition , the actual location of all su b-surface utility lines , average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE: At the Contractor's option, he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintain ed throughout the construction period . Re move the fences and gates upon completion of the Project and restore the si te to the required original or contract co ndition . G-30 PRODUCT DELIVERY. STORAGE. HANDLING: The Contractor shall handle , store and protect material s and products , including fabricated components , by methods and means whi c h will prevent damage , deterioration and loss , includ in g theft (and resulting delays), thereby ensuring highest quality results as the work progre sses. Control del ivery schedule s so as to minimize unnecessa ry long-term storage at project si te prior to in stallation . G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project site and dispose of ii in accordance with the law. Equipment or material identified in the Specifications or Plan s for Owner sa lva ge shall be carefully removed and deli ve red to the Owner at any location in within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE : Catalog, brand names , and manufacturer's references are descriptive, not restrictive . Bids on brands of like nature and quality will be considered. Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening . Failure to inform the City of substitute projects will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the Contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted ", the City will accept no alternates to the specified equipment. 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 notice to proceed, it shall be the date of the Agreement or such other date as may be established therein . The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents , so the Owner may occupy the Work or designated portion thereof for the use for which it is intended . Final acceptance of the completed work or an y portion thereof can be made only by the Assistant City Manager, and no other form of acceptance will be binding upon the Owner . A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week , including Sunday , regardless of whether a "Working Day" or not , and regardless of weather conditions or any situation which might delay construction . An extension of contract time shall be in accordance with this Section . Extensions of time will be as recommended by the BCM with final approval by City of Fort Worth . A Working Day is defined as a calendar day, not including Saturdays, Sundays , and legal holidays , in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7 :00 a .m. and 6 :00 p .m . However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires . Legal holidays are defined as being New Year's Day, Independence Day , Labor Day, Thanksgivi ng Day , Christmas Day , Memorial Day, and Veteran 's Day. H-2 PROGRESS AND . COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete ii within the Contract Time. General Conditions for Facil ity Construction Lump Sum Contract Fire Station No. 5 (February 2010) 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 equ itable 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 appl icable insurance and transportation to the site . The Contractor warrants and guarantees that title to all Work , materials and equipment covered by an Application for Payment, whether incorporated in the Project or not , will pass tci 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 perform ing the Work at the site or furnishing materials and equipment for the Work , subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person . The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values . A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted . 1-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above , the above , the Architect will , with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate . The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the BCM 's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion , to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion , and to any specific qualifications stated in the Certificate); and recommendations to the General Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) 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 f ulfilled. 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 NOT USED 1-8 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract $15 ,000 or less $15 ,001 to $25 ,000 $25 ,001 to $50,000 $50 ,001 to $100,000 $100 ,000 to $500 ,000 $500,001 to $1 ,000 ,000 $1,000 ,001 to $2,000,000 $2 ,000 ,001 to $5 ,000,000 $5 ,000 ,001 to $10 ,000 ,000 over $10 ,000,000 Liquidated Damages Per Day $45 $ 63 $105 $154 $210 $315 $420 $630 $840 $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 g]l provisions for Project Closeout. When the Contractor determines that the Work is substantially complete , the Construction Manager shall inspect the project with the Contractor and prepare a "Preliminary Punch List". When the Architect , on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the Contractor to request a General Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) Certificate of Occupancy whic h will estab li sh the Date of Substantial Comp letio n . The Ce rt ificate of Final Completion shall state the responsibi liti es of the Owner and the Cont racto r for mainten a nce , he at , utilities, an d insurance , sha ll set forth the remaining work as a "final punch li st". The Co ntracto r shall comp lete the remaining work li ste d therein wi thin 60 cale ndar days. When the Certificate of Occupancy has been is sued, the retainage wi ll be redu ce d to 4%. Upon co mpletion of the work listed on the final punch list to the sa tisfactio n of the City of Fort Worth , the retain age may be reduced to2 .5%. Should the Co ntractor fail to complete all contractual requirements of the contract , including submittals and final pay request within the fixed tim e , the contract time w ill agai n commence . Should the Contractor fail to complete the work within the contract duration , liquidated da mages will be assessed Upon receipt of written notice that the Wo rk is ready for final inspectio n, the City will co nduct a joi nt in spectio n and certify completion of the final punch list by cosigning it wi t h th e Contractor. The Contracto r shall su bmit th e following it ems to the City prior to req uesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stati ng that all payrolls , bills for materials and equipm ent , and other ind ebtedness co nnecte d with the Work for whi ch the Owner or hi s property might in any way be responsible , have been paid or otherwi se satisfied , 2) Consent of Surety to Final Payment (G 707 ), if any , to final payment, 3) Contractor's Affidavit of Release of Liens (G706A}, and , 4) Other data establishing payment or satisfaction of all suc h obligations, such as recei pts , releases , and wa ivers of liens arising out of the Contract, to the extent an d in s uch form as may be desig nated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by th e City of Fort Worth . If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right , claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractor shall refund to the Owner all monies that the latter ma y 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 acce ptance of final payment sha ll constitute a waiver of all claims by the Co ntractor except those previously made in writing and still unsettled . The Contractors one-yea r warranty will comm ence upon final acceptance of the Proje ct 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 bind ing upon the Owner. Final payment and release of the retainage amount will become due within fifteen days following acceptance . 1-11 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until all requirements have been met, with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS : The Contractor shall be responsible for initiating , maintaining and supervising all safety precautions and programs in connection with the Work . The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person s hall 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 util ities 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 General Conditions for Fa ci lity Construction Lump Sum Contract Fire Station No. 5 (February 2010) or from the non-execution of the Work. The Contractor shall rebuild , repair , restore and make good , at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above , caused before its completion and acceptance . The Contractor shall comply with all applicable Laws , Ordinances , Rules , Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain , as required by ex isting conditions and progress of the Work, all reasonable safeguards for safety and protection , including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities . When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work , the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor , any Subcontractor, or anyone directly or indirectly employed by any of them , or by anyone for whose acts any of them may be liable , shall be remedied by the Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or an yone employed by him or for whose acts he may be liable , and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety . J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work . Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors . Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors . J-4 EMERGENCIES: In any emergency affecting the safety of persons or property , the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen , City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work , the Contractor shall remove all his wastes and rubbish from and about the work area , as well as his tools , equipment and surplus materials and shall leave the area as clean and free of spot , stains , etc ., as before the work was undertaken . J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements . If the Proposal requires , the Contractor shall include a per-unit cost for trench safety measures in his bid . If not included in the Proposal , the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values . SECTION K -INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth , nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation . K-2 WORKERS' COMPENSATION INSURANCE 1) General a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of .its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section . b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired . Contractor shall provide a copy of all such certificates to the Owner (City). c) By signing this Contract or providing or causing to be provided a certificate of coverage , the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured , with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation . Providing false or misleading information may subject the Contractor to administrative penalties , criminal penalties , civil penalties or other civil actions . General Conditions for Facility Construction Lump Sum Contract Fire Station No. 5 (February 2010) d } The Contractor's failure to compl y w ith any of these provisions is a breach of contra ct by the Contractor which e ntitl es the City to decl a re th e co ntra ct vo id if the Contractor does not remed y the breac h with in ten days after receipt of noti ce o f breach from the City. 2) Definitions: a ) Certifi cate of Co verage ("certifi cate"). A copy of a certificate of in sura nce , a certificate of authority to self-insure is sued by the Texas Workers' Compensatio n Co mmi ssion , or a co verage agreement (TWCC-8 1, TWCC-82 , TWCC-83, or TWCC- 84 ), sho w ing statutory worke rs' compensation in surance cove rage fo r the person's or entity's employe es pro viding services on a proj ect , for the duration of the project. b) Duration of the Project. Includ es the time from the beginning of th e work on the project until the Contracto r's/perso n's work on the project has been co mpl ete d and accepted by th e City . c) Persons pro vid ing serv ices on th e proj ect ("subcontractor" in section 406 .096)-includes all persons or en tities performing all or part of the se rvi ces th e Contractor has und ertaken to perform on the project , regardless of whether th at person contracted directly with the Con tractor and regardless of wh ether that person has employees . This includes , w ithout limitation , ind ependent contracto rs, subco ntractors, leasing companies , motor carriers , owner-operators , employees of an y su c h entity, or employees of any entity which furnishes persons to provide services on the project. "Services " include , w ithout limi tatio n, providing , hauling , or delivering equipment or materials , or pro vid ing labor, tran sportation , or other services related to a proje ct. "S ervi ces" does not include acti viti es unrelated to the project , such as food /beve rage vendors , offi c e suppl y deli verie s , and delivery of portable toilets . 3) Requirements a) The Contractor shall provide co verage , 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 emplo yees of the Contractor providing servic es 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 ext ension 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 shou ld have known , of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice , in the text , form and manner prescribed by the Texas Worker's Compensation Commission , informing all persons providing services on the project that they are required to be covered , and sta ting how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to : i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas labor Code , Section 401 .011 (44 ) for all of its employees providing services on the project , for the duration of the project ; ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project , for the duration of the project ; iii) provide the Contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts , and provide to the Contractor: (1) a certificate of coverage , prior to the other person beginning work on the project ; and (2) a new certificate of coverage showing extension of coverage , prior to the end of the coverage period , if the coverage period shown _ on the current certificate of coverage ends during the duration of the project ; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter . vi) notify the City in writing by certified mail or personal delivery, w ithin 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 General Cond itions for Facility Construction Lump Sum Contract Fire Station No . 5 (February 2010) vii) co ntractually require each person with whom it contracts , to perform as required by paragraphs h-i) -vii), wi th the certificates of coverage to be provided to the person for whom they are pro vi ding serv ic es . 4) Po sting of Required Worker's Compensation Coverage a) The Contractor shall post a notice on each project site informing all persons providing se rvi ces on the project that they are required to be covered , and stating how a person may verify curre nt 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 Te xas Worker's Compensation Commission rules . This notice mu st be printed with a title in at least 30 po int bold type and text in at least 19-point normal type , and shall be in both Engli s h and Spanish and any other langu ag e common to the worker population . The text for the notices shall be the following text, without any addition al words or c hanges : "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services re la ted to th is co nst ruction project must be covered by worker's compensation insurance . This includes persons providing , hauling , or delivering equipment or materials, or providing labor or tran sportation or other service related to the project , regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Comm is sion at 512-440-3789 to re ceive information on the legal requirement for coverage , to ve rify whether your employer has provided the required coverage , or to report an employer's failure to provide co verage ." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him , the City of Fort Worth and any Subcontractor performing work covered by thi s Contract, from claims of damage which may arise from operations under this Contract, .including blasting, when blasting is done on , or in connection with the Work of the Project , whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following : 1) Automobile Liability: $1 ,000 ,000 each accident or reasonably equivalent split limits for bodily injury and property damage . Coverage shall be on "any auto" including leased , hired , owned , non-owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence . Coverage under the policy shall be as comprehensive as that pro vided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City . 3) Asbestos Abatement Liability Insurance : When the Project specifically requires the removal of Asbestos Conta ining Materials, the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows : $1 ,000 ,000 per occurrence ; $2 ,000 ,000 aggregate limit. The coverage shall include any pollution exposure , including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs . K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation , the Contractor shall procure , pay for and maintain at all times during the term of this Contract , Builder's Risk Insurance against the perils of fire , lightning, windstorm , hurricane, hail , riot , ex plosion , civic commotion , smoke, aircraft, land vehicles, vandalism , and malicious mischief, at a limit equal to 100% of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site . If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and /or design performed by the Contractor or his agents shall be covered . Upon completion of the Work , the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Transportation and Public Works Department, City of Fort Worth as a "Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies . 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable , shall be authorized to do business in the State of Texas , or otherwise approved by the City of Fort Worth , and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned . Any company through which the insurance is placed must have a rating of at least A:VII , as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. General Conditions for Facility Construction Lump Sum Contract Fire Station No . 5 (February 2010) 4) Deductible limits on insurance policies and/or sel f-insured reten tions 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 in surer'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 sh all be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the Ci ty prior to commencem ent of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such docum entation shall not be construed as a waiver of insurance requirements specified herein . 8) The City of Fort Worth shall be entitled, upon request and withou t incurring expense, to revi ew the insurance policies includ in g 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 here in 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 Contra ct 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 Fire Station No. 5 (February 2010) Contractor is advi sed th at according to City of Fort Worth Charter, that, the City Coun c il mu st appro ve all Change Ord ers and Wo rk Ord ers which results in an increa se in cost of th e contract amount by ove r $25 ,000 . Norm al processi ng time for the City Staff to ob tain City Council approval , once the re comm e nd ed chan ge order has been received at th e City, is appro ximately thirty days . Ow ner and Contractor shall endeavor to iden tify Ch a nge Order item s as earl y in the Constru ction process as possi ble to minimize the ir impact on the co nstruction schedule . If unit pric es are stated in the Contract Documents or sub sequ ently agreed upon, and if the quantiti es originally contemplated are so chang ed in a proposed Change Order that appli c ati on of the agreed unit prices to th e quantities of Wo rk pro posed wi ll create a hard ship on the Owner or the Contractor, the appl icable unit price s s hal l be equi tably adju sted to pre ve nt suc h hardship . If the Contractor claims that additional cost or tim e is in vo lve d because of ( 1) a ny writte n interpretat ion iss ued pursuant to Section A, (2) any order by the Architect or Ow ner to stop the Wor k pursuant to S ection B , where th e Contract was not at fa ult , or (3 ) an y writt en order for a minor change in the Work , the Contractor shall make su c h cla im . L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contra ctor wi shes to make a cl aim for an increa se in th e Contract Sum or an extension in the Contract Time , he s hall give the Ar chi tect written notice thereof with in a reasonable time after the occurrence of the event that gave ri se to such claim . Thi s notice shall be given by the Contractor before pro ceeding to exec ute the Work , except in an emergency endangering life or property in which case the Contractor shall proceed in accordance w ith Section J . No su c h claim shall be valid unless so made . An y change in th e Contract Sum or Contract Time re s ulting 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 co ver overh ead and profit: 1. Allowance to the Contractor for overhead and profit for extra work perform ed by the Contractor's own forces shall not exceed fifteen percent (15 %). 2 . Allowance to the Contractor for overhead and profit for e xtra work performed by a Subcontractor and supervi sed 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 in volving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Docume nts. Such changes may be effected by Field Order or by other written order. Such chang es s hall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS: The Arch itect 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 sh all ca rry 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 fa iling 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 thereb y made necessary. If, within one year after the Date of Substantial Completion or within su c h long er 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 previous ly 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 cond ition . All such defective or non-conforming work under the preceding pa ragraphs 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 Fire Station No. 5 (February 2010) If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by w ritten notice from the Owner, the Owner may remove it and may store the materials or equipm e nt at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within te n days thereafter, the Owner ma y upon ten additional days ' written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services . If such proceeds of sale do not cover all costs that the Contractor should have 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 Own er 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 WORK: If the Owner prefe rs 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 , term inate 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 Arch itect's additional services. exceed the unpaid balance of the Contract , the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part , whenever such termination is in the best interest of the City . Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination . b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated . c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of 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 Fire Station No. 5 (February 2010) SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish , erect , and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to th e ir proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper , safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract , all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under $1 ,000 ,000 . Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City . The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of $1 ,000 ,000 .00 , the Contractor shall provide a separate field office for the City 's field representative {but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window , adequate electrical outlets and lighting , and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract , the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one deck, four chairs , plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space . The Contractor shall provide and maintain storage sheds other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed , or as directed . P-5 TELEPHONE: The Contractor shall provide and pay for telephone installation and service to the field offices described above . Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an automatic telephone-answering device at the site office for the duration of the project. Contractor will install separate fax lines and 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 connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures, frequencies , etc. will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on 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 1 OD-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 Facility Construction Lump Sum Contract Fire Station No . 5 (February 2010) b) From the beginning of ihe application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F . c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting , decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION. EQUIPMENT AND PROTECTION: The Contractor shall provide , maintain , and remove upon completion of the work all temporary rigging , scaffolding , hoisting equipment, rubbish chutes , ladders to roof, barricades around openings , and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. The Contractor shall provide, maintain , and remove upon completion of the work , or sooner , if authorized by the Owner, all fences , barricades , lights , shoring , pedestrian walkways, temporary fire escapes . and other protective structures or devices necessary for the safety of workmen , City employees , equipment , the public and property . All temporary construction and equipment shall conform to all regulations, ordinances , laws and other requirements of the authorities having jurisdiction , including insurance companies , with regards to safety precautions , operation and fire hazard. 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 Schedu le 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 Fire Station No. 5 (February 2010) CITY OF FORT WORTH , TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 8th day of June A.O ., 2010, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.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 Imperial Construction Inc. of the City of Weatherford County of Parker, State of Texas hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Fire Station No. 5 850 Irma Street Fort Worth, Texas TPW Project No. TPW2007-22 City Project Number 00739 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construc- tion and completion of said project in accordance with the Plans and Specifica- tions and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein . The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work , and for stated additions thereto or deduction therefrom, the price shown on the Proposal submitted by the sue essful bid rCORD hereto attached and made a part hereof. Payment will be ma i I , ntlil y CITY SECR TAR FT. WORTH, TX -Fire Station No . 5 June 2010 • installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be $2,413,807.00 and includes the base bid and Alternates 1,2 and 4. Contractor agrees to complete the project , suitable for occupancy and beneficial use, within 287 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 such insurance has been approved by the Owner. The Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors a. WORKER'S COMPENSATION INSURANCE: • Statutory limits • Employer's liability • $100,000 disease each employee • $500,000 disease policy limit • $100,000 each accident b . COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. c: BUSINESS AUTOMOBILE LIABILITY: Fire Station No. 5 • $1,000,000 each accident • The policy shall cover any auto used in the project ourse of th ECORD OFFICIA CITY SECRETARY 8 J H,TX d : BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents . e . EXCESS LIABILITY UMBRELLA • $1,000 ,000 each occurrence ; $2 ,000 ,000 aggregate limit. • This insurance shall provide excess coverage over each line of liability insurance required herein . The policy shall follow the form(s) of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD : The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract , whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. f . PROOF OF CARRIAGE OF INSURANCE : The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents i n 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 specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102 ,_pci grJ,,,,---~1 commencement of work on the contracted project. Off\C\P.L RECORD C\iY SECRETARY FT. WORTH, TX Fire Station No . 5 June 2&1 ' c. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency . f. Deductible limits, or self-funded retention limits , on each policy must not exceed $10,000 . per occurrence unless otherwise approved by the Owner. g. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage . h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss . I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract docu ~""'n"'"'s,__.:..._.-----i OFFlCIAL RECORD CITY SECRETARY FT. WORTH, TX Fire Station No . 5 June 2010 __ _ If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100 ,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility . If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him , the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in 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 five counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the 2010. By:___;~~==--..__ ____ _ g{j A. Verkest, P.E ., Director rtation and Public Works 2/<l day of ____..\~.__u_n"""l ___ A. D ., APPROVED: CITY OF FORT WORTH By2~·L,;;; Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: M&C C-24256 By ~ ~AmyRams;y Assistant City Attorney C-2lfZ5i, 1,-f-/o Fire Station No . 5 OFflCIAL RECORD CITY SECRETARY 2010 RTH,TX THE STATE OF TEXAS COUNTY OF TARRANT Bond# 82 1 9-1 2 -49 PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS : That we, (1) Imperial Construction Inc., as Principal herein , and (2) Federal Insurance Company a corporation organized under the laws of the State of (3) __ r_n_d_i_a_n_a _______ _ 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 Gounti.es, Texas, Obligee herein, in the sum of Two Million Four Hundred and Thirteen Thousand Eight Hundred Seven Dollars & No Cents Dollars '($2,413;.8:01 .00) for the payment of which sum we bind ourselves , our heirs, executors , administrators , successors and assigns, j ointly and severally , firmly by these presents . WHEREAS, Principal has entere.d into a certain written contract with the Obligee dated the 3-1-h day of June , 2010, a co-py of which is attached hereto and made a part hereof for all purposes, for the construction of Fire Station No. 5, 850 Irma Street TPW Project No. TPW2007-22. City Project Number 00739 NOW, THEREFORE, the condition of this obligation is such, if the sa id Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good .such default, then this obligation shall be void; otherwis.e, to remain in full force and effect. PROVIDED , HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be dete rmined in a.ccordance with the provisions of such statute, to the same extent as if it were copied at length herein. Fire Station No . 5 June 2010 <: IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 16th ATTEST: ikn ~~ ·--_ _(Pr.incipal)Seretary __ .. --,..-::::-..... _ ,,,... ·/ (?E_AL) Secretary (SE AL) Witness. as t~urety Cindy .Fowler · June day of __________ , 20'10 . Imperial Construction, Inc. Name: -~-=--"~""--=.-....""'-'-'-=---- Title : \J \? oP Pce..cQ1Q$--\rw:1 ~'*- Address: P. o. Box 193 Weatherford, TX 76086 Federal Insurance Company SURETY By f»µ~-7711~~ Name: Beverl~. Trimble Attorney in Fact Address: 15 Mountain View Road Warren, NJ 07059 Telephone No.: (214) 989-2620 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. Fire Station No. 5 June 2010 THE STATE OF TEXAS COUNTY OF TARRANT § § § Bond# 82 1 9-1 2-49 PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we , (1) Imperial Constructio~ Inc., as Principal herein , and (2) __ F_e_d_e_r_a_l _I_n_s_u_r_a_n_c_e_c_o_m_p_an_y _____ ~-------' a co rporation organized and existing _under the laws of the State of (3) _r_n_d_i_an_a _____ , as surety, are held and firmly bound unto th ·e City of Fort Worth , a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Two Million Four Hundred and Thirteen Thousand Eight Hundred Seven Dollars & No Cents Dollars ($2A13,807.00) 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 Ob ligee dated the 8th day of June , 2010, 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 proj ect: Fire Station No. 51 850 Irma Street. Fort Worth; TPW Project No. TPW2007-22; City Project Number 00739 NOW, THEREFORE, THE COND"ITION 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 wo rk 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 determ ined in accordance with the provisions of said statute, to the same extent as if it were copied at length h.erein . Fire Statibn No. 5 Jane 2010 ,.,,.. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this __ 16_t_h __ day of ____ J_u_n_e _____ , 2010. Imperial Construction Inc. ATTEST: .~~Ll~ (Principal) S Name: _ __,_~ ........ --="""°'"---...,._---- Title: V p o-fl Pr:e.CaOs:tn, L,+:tu(L :-~ ::_... (S I; A L) Address: P. o. Box 967 Weatherford, TX 76086 ' -~ ·· . .. - Federal Insurance Company SURETY " ATTEST: ~~ Secretary By: &Atj.}1J · (~ Name: _B_e_v_:ir_e_r_l;.___M_. _T_r_i_m_b_l_e __ .~ Attorney in Fact (SE AL) Address: 15 Mountain View Road Warren, NJ 07059 Witness as t~rety Cindy Fowler Telephone No.: (214) 989-2620 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. Fire Station No . 5 June 2010 CHUBB Chubb Surety POWER OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn: Surety Department 15 Mountain View Road Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation , VIGILANT INSURANCE COMPANY, a New York COl'J)Oration, and PACIFIC INDEMNITY COMPANY , a Wisconsin corporation, do each herebb constitute and ¥/x~~t Cynthia Watson _Fowler, Connie Jean_ Kregel, Jeffrey Todd McIntosh _and Beverly M._ Trim_ le_ of Dallas, each as lheir true and lawful Attorney-in-Fact lo execute under such designalion in lheir names and lo affix the ir corpora le sea ls to and deliver for and on lheir behalf as surely thereon or otherwise, bonds and undertakings and other writi ngs obligatory in the nature thereof (o lher than bail bonds) given or execuled in the course of bu siness, and any instruments amending or alte ri ng the same, and consents to the modification or alteration of any Instrument referred lo In said bonds or obligations. In Witness Whereof, sa id FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on th is 10th day of October, 2008 ~p!t4 'Kenneth C . Wendel, AsGant ltre# STA TE OF NEW JERSEY County of Somerset ss . On this 10th day of October, 2008 before me, a Notary Public of New Jersey, personally came Kenne th C. Wendel. to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMN ITY COMPANY, the companies wh ich execuled the foregoing Power of Attorney, and th e said Kennelh C . Wendel, being by ma duly sworn, did depose and say lhat he is Assislant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate saals thereof, Iha\ the seals affixed lo lhe foregoing Power of Attorney are such corporate seals and were thereto affixed by authorily of the By-laws of said Companies; and that he signed sa id Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acqua inted with David B. Norris , Jr., and knows him to be V ice President of said Compan ies : and that lhe signature of David B . Norris, Jr., subscribed to said Power of Allorney is in lhe genuine handwriting of David B. Norris, Jr., and was !hereto subscribed by authority of said By- laws and In deponent's presence. STEPHEN B. BRADT -lotcry Publi~, State of New Jersey No. 2321097 .,...,,....;~si on Expires Od. 25, 2009 CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIG ILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by lhe Chairman or the President or a Vice President or an Assistant Vice President, jointly w ilh the Secretary o r an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice Presidenl, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsim ile to any power or allorney or to any certirlcate relating thereto appointing Assistant Secretari es or Attorneys-in-Fact for purposes only of executing and attesling bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shalt be valid and bind ing upon the Company with resped to any bond or undertaking to wh ich It is attached ." I, Kenneth C . Wendel, Assistant Secrelal)' of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to lransact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S . TreaSlrf Department: further, Federal and Vigi lant are licensed in Puerto R ico and the U .S. V irgin Is lands , and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true , correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this June 1 6 , 2010 IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM , VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATIER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE , OR BY Telephone (908) 903-3493 Fax (908) 903-3656 e-mail : suretvl1ilchubb .com Form 15-10-02258-U (Ed . 5-03) CONSENT Policyholder Information Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Chubb's toll-free telephone number for information or fo make a complaint at 1-800~36-CHUBB You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800,.252-3439 Yol,l may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 Web: http://www:tdi:state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Forin 99-10-0299 (Rev. 1-08) AV/SO IMPORTANTE Para obtener informaci6n o para someter una queja: Usted puede llamar al mimero de telefono gratis de Chubb's para informaci6n o para someter una queja al · 1-800-36-CHUBB Puede comunicarse con el Departamento de Seguros de Texas para obtener informaci6n acerca de compafiias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas · P.O. Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AV/SO A SU POLIZA: Este aviso es solo para prop6sito de informaci6n y no se convierte en parte o condici6n del documento adjunto. • :i 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: Fire Station No. 5 850 Irma Street Fort Worth, Texas TPW Project No . TPW2007-22 City Project Number 00739 ST ATE OF TEXAS § § COUNTY OF TARRANT § IMPERIAL CONSTRUCTION, INC. Title L,-IL,-/6 Date (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on Fire Station No. 5 June 2010 .. i the project until such certificate has been acquired . Contractor shall provide a copy of all such certificates to the City. Fire Station No . 5 June 2010