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HomeMy WebLinkAboutContract 41974'\ THE CITY OF FORT WORTH, TEXAS CONTRACTOR CONTRACTOR'S BONDING 1 _x CITY SECRETARY SPONSORING DEPT PROJECT MANAGER TPW FILE COPY Marion Sansom Park Shelter Renovation TPW2010-09 City Project# 01519 fOR .TWORTH ,: .. ,-,. ,.· _, .. ·~· • • CITY SECRETARY , 1 i CONTRACT NO . '1 I~ J:: MIKE MONCRIEF TOM HIGGINS MAYOR INTERIM CITY MANAGER Douglas W. Wiersig, PE Director, Transportation & Public Works Department Richard Zavala Director, Parks and Community Service Arthur Weinman Architects RJM Contractors, Inc. OFFICIAL RECORD CITY CRETARY Marion Sansom Park Shelter Renovation June 2011 June 2011 FT, WORTH, TX 1," Ji.> I , I : , o !Jr - - - - City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/14/2011 DATE: Tuesday, June 14, 2011 LOG NAME: 801NSPIRATIONPOINT SUBJECT: REFERENCE NO.: *"'C-24968 Authorize Execution of a Const ruction Contract with RJM Contractors , Inc. in an Amount Up to $167 ,000.00 for the Renovation of the Historic Shelter at Marion Sansom Park (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with RJM Contractors, Inc. in an amount up to $167 ,000.00 for the renovation of the h istoric shelter at Marion Sansom Park. DISCUSSION: The purpose of this M&C is to authorize the award of construction contract to RJM Contractors , Inc. in the amount of $167 ,000 .00 for the renovation of the historic shelter at Marion Sansom Park. On December 8, 2009, (M&C G-16786) the C ity Council approved the Parks and Community Services Department's Fiscal Year 2010 Gas Well Project Expenditure Plan. Included in the Fiscal Year 2010 Gas Well Project Expenditure Plan was $507 ,228.50 for park improvements at Marion Sansom Park. Of the $507 ,228.50 , $307, 228.50 was earmarked for renovation of the existing park shelter at Inspiration Point and the remaining $200,000.00 was earmarked for road & parking improvements within the park. The shelter at Inspiration Point was built in the 1930's and was originally built as an open stone masonry building with a central stone double fireplace and an open wood structure roof with wood shingles. The roof structure was destroyed by fire in the 1970's and again in the 1990's and has not been replaced. This structure is on the Tarrant County Historical Resources Survey (1990) and it does meet the criteria adopted by the City Council to be designated as a historic structure. In May 2010 , staff administratively executed an architectural design and construction administration services agreement in the amount of $27,065 .00 with Arthur Weinman Architects (City Secretary #40166) to renovate the historic shelter. The Request for Competitive Sealed Proposals was advertised in the Fort Worth Star-Telegram on March 3, 2011 and March 10, 2011. Five firms submitted proposals and these five firms subm itted the required Post Bid -Pre Award documents. The following five proposals were received: Bidder !Amount RJM Contractors , Inc . $167,000.00 Ii=============================== mpany , Inc. dba JDC Construction Company 500.00 500.00 nstruction Company Based on a weighted matrix including price, schedule, M/WBE participation, reputation and experience, RJM Contractors, Inc. was detennined to offer the best value for the City . Base Bid work will consist of restoration of stone columns and retaining walls , installation of new foundation and/or floor, new roof, and accessible parking. Associated construction administration, construction inspection and change order contingency funds total $61, 133.41. The estimated allotment for contingency funding takes into account the historic construction and architecture of the shelter. RJM Contractors, Inc. is in compliance with the City's M/WBE Ordinance by committing to 24 percent M/WBE pariticipation . The City's goal for this project is 15 percent. Construction is anticipated to commence in July 2011 and be completed in November 2011. Marion Sansom Park is located in COUNCIL DISTRICT 7 . FISCAL INFORMATION/ CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Park Gas Lease Project Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers 1) C282 541200 80749015 1980 Susan Alanis (8180) Richard Zavala (5704) Mike Ficke (5746) 1. 80 1NSPIRATIONPOINT MWBE Revised .pdf (CFW Internal) 2. Available Funds 801nspiration Pt 051311 .pdf (CFW Internal} $167,000 .00 SAMSOM PARK FORT WORTH, TX TRANSPORTATION AND PUBLIC WORKS ARCHITECTURAL SERVICES BID TABULATION Project: MARION SANSOM PARK SHELTER RENOVATION 2501 ROBERT'S CUT-OFF ROAD Tabulated by: FORT WORTH Project#: 01519 TPW Project#: TPW2010-09 Bid Date: MARCH 31, 2011 Advertised: MARCH 3 & 10, 2011 DESCRIPTION BASE BID $ 1 RJM Contractors, Inc. · 3629 Lovell Avenue Fort Worth , Texas 76107 817-377-0971 817-377-0973 FAX kbuyers@rj-miller.com BID 167,000.00 Eng . Estimate: Addendums: 2 3 Jay Davis Company, Inc . Prim Construction, LLC dba JDC Construction Company PO Bo x 1201 2800 Shamrock Avenue, Ste F Wylie, Te xas 75098 Fort Worth, Te xas 76107 972-442-1904 817-885-7851 972-442-3884 FAX 817-885-7852 FAX jd .jdc@verizon .net tprim@primconstruction.com BID BID $ 195,500.00 $ 197,460.00 VICKI MCDONALD $ 220,000.00 2 4 5 Prime Construction Basecom , Inc. Company 8101 Valcasi Dri ve, Ste 101 5209 Vesta Farley Road Arlin9to.n, Texa s , 76001 Fort Worth , Texas 76119 817-572-5550 817 -589-0050 817-572-6354 FAX 817-483-2609 FAX mfreund@primeconstructionco.com ooaxaca@basecominc.com BID BID $ 198,000.00 $ 234,777.00 UNIT PRICES Item A $ 30.00 LF $ 250.00 LF $ 125.00 LF $ 40 .00 LF $ 12.50 LF ADDENDUM'S: CALENDAR DAYS: 2 76 2 130 1 of 1 2 75 2 80 2 120 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 2 Marion Sansom Park Shelter Renovation Request for Proposals Submittal Date : March 31, 2011 (NO CHANGE) The Request for Proposals for the above project is hereby rev ised and amended as fo llows: 1. The following general contractors have ex press ed interest in submitting proposals : Prim Construction -Trent Prim -tprim@primconstructio n.com Basecom -Des irea Muscara -nmuscara@basecominc.com · Prim Construction Company -Jerry Moody-jmoody@primeconstructionco.com Acknowledge the receipt of this Addendum No . 1 on your Proposal. GREG SIMMONS , PE ACT i NG DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By:--------- Ronald Clements. AIA Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 RELEASE DATE: March 25, 2011 Marion Sansom Park Shelter Renovation Addendum No. 2 , March 25 , 2011 Page 1 of 1 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 1 Marion Sansom Park Shelter Renovation Request for Proposals Submittal Date: March 31, 2011 ·(NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. 3'x3 ' mock up samples of the stone and mortar is required to confirm mortar color selection. 2. Please see the attached cover letter from Arthur Weinman Architects for additional information . 3 . The MWBE contact is Patty Wilson , 817 .212.2678 . 4. Attached is the list of attendees to the Pre-Bid Conference . 5 . Specification sections 04060 , 04710 and 07310 are revised. 6 . Unit Prices will be required for additional wall demolition scope per lineal foot. 7. Sheet S1 .01, attached is revised to specify broom finish concrete in lue of exposed aggregate concrete . Acknowledge the receipt of this Addendum No. 1 on your Proposal. GREG SIMMONS , PE ACTING DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By:--------- Ronald Clements. AIA Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 RELEASE DATE: March 21, 2011 Marion Sansom Park Shelter Renovation Addendum No . 1, March 21, 2011 Page 1 of 1 ARTHUR WEINMAN A R C H T E C T S MARION SANSOM PARK INSPIRATION POINT RESTORATION ADDENDUM N0.1-MARCH 18, 2011 This Addendum No. 1 shall include the following four revisions and clarifications of the technical documents for the bidding of this project: 1. All notes for Aggregate Finish shall be deleted from Structural Drawing S-1.01 of the document set. All exposed concrete walking surfaces including but not limited to floors , patios and walks shall be BROOM FINISH. 2. Revise Specifications Section 04060 -Masonry Mortar and Grout to include additional notes for "masonry sand to match existing;' (p. 04060~1) and "Mortar color shall match existing aged Portland Cement mortar found at existing project" (p. 04060-2). Please note that specifications do include White Portland Cement as a necessary part of the mortar mix for this project. 3. Revise Specifications Section 04710 -Fieldstone Limestone Masonry to add _the following note to the requirements 1.13 -Sample Panel (p. 04710-1 ): Mortar color and texture match are a critical part of this sampl~ panel. Mortar cures and hardens with a different color than when fresh. Contractor shall be prepared to prepare at least 3 or more different sample panels before a panel acceptable to the Architect has been prepared. 4. Revise Specifications Section 07310 -Metal Roofing Shingles and Trim to change pattern and color of Tamko Metalworks Steel Shingles, trim and accessories from "AshtonWood" color "Forest Green", to "StoneCrest Tile" design, color "Quaker Green" (p . 07310-1, 2). Revised copies of Drawing S-1.01 and Specifications Sections 04060, 0471 O and 07310 are attached. End of Addendum No. 1 Submitted by Arthur Weinman, AIA 550 B ail ey Avenue, Suite 332 Fort Worth Texas 76107 817-737-0977 817-737-2203 fax www.weinmanarchitects.com -----------------// \ ~'---- SLAB REINFORCEMEN T ~ @e.e.~~CENT TO LIMESTONE WALLS SLAB REINFORC EMEN T ~ @e£~~CE N T TO CURVED LIMESTONE WALLS I I I I I I I I I L ~~l --------n,sa )7 REfCRTOAACK.roli Sl.OP(S Nt)Cftl«S ' l "·" 'i .=i7 I ·---..,, I I I I I BROOM fNSH COI-ICRETE TOM([TCONCR£TC flRO'lACEfOOIING @~.~~ 0 ~DATION PLAN P\NIN01[5, I. IT stW1 BE lH£ CONTRACTOO'S R£SP(»ISl3U1Y TO VERFY Ml. OllLNSKJNS PRIM TO IICGllNWG CONS1Rl.<1KIO. 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C0.//1/1 'OVVv ~t,..)k...(>.~~~Q.._ Fdk°kJ~ L-r~ I <:,12-~ · W\ lS-011 r+wor City of Fort Worth Transportation and Public Works Dept Facilities Management r' I SANSOM PARK SHELTER AND GUINN ELMENTARY SCHOOL PRE-PROPOSALS 10 and 11 AM, 15 MAR 2011 Architectural Services 401 West 13th St Fort Worth, TX 76102 Name Organization Telephone & FAX Email 11 7· <11$' -7177 ~ ,.. 1~ 'l7t I 8t"t-~C\-OOn . 8 l "'l --1 'b-,. ... Uo <i er~ --s~s:--~c:i ':f 1 J a q . s'E,s-· :{<:\·:r:\· ~(7-'}L/1-'-/7f/Z.,. ~( 7--~P?-z2:z.5 ~ °" ..... ~-o ~\..,,©'°~~~ , . ..., e. <...o...,.... Qi bO\.Y\::..e'V"' ~ b 0.. SL~ \ u C . c.o- PROPOSAL (REVISED) TO: MR. DALE FISSELER, PE CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON CITY OF FORT WORTH, TEXAS FOR: Marion Sansom Park Renovation 2501 Robert's Cut-off Road Fort Worth, Texas Project No . TPW2010-09 . Project No .:01519 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the i nspection and approval of the Director of Transportation and Public Works of the City of Fort Worth . Upon acceptance of this Proposal by the City Council , the bidder is bound to execute a contract and, if the contract amount exceeds $25 ,000.00, furnish acceptable Performance and/orPayment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the fo[[owing sum, to wit: DESCRIPTION OF ITEMS Base Bid ______ _ Completion within ___ calendar days after date of Notice to Proceed. UNIT P~ICES A. Item: Stone wall demolition -Additional: $ ____ /Lineal 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 Offeror. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ord inance 7278 as amended by City Ordinance 7400 (Fort Worth City Codt':! Sect ion 13A-21 through 13A-29). Marion Sansom Park Shelter Renovation March 2011 ------·-··-··---···------·----- Residency of Offerors: 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-resident bidders (out of state contractors whose corpo rate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obta in a comparable contract in the state ih wh ich the non-res ident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications . The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. LI Non-resident vendors in (give state}, our principal place of business, are required to be __ percent lower than resident bidders by state law. LI Non-resident vendors in (give state}, are not required to underbid resident bidders. B. LI O_ur principal place of business or corporate offices are in the State of Texas. Within ten (10} days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($ -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 add itional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25,000) • I am aware that I must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS' DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, By: Address: Company Name Signature Printed Name of Principal Street City Phone: ----------- Fax: Email: ------------ Marion Sansom Park Shelter Renovation March 2011 ' --··--· ···---·. -------···------------~----··------- Title Zip -----.. -----···----· Receipt is acknowledged of the following addenda: Addendum No . 1 : __ Addendum No . 2 : __ Addendum No . 3: __ _ Addendum No. 4: __ _ Addendum No , 5: __ _ Marion Sansom Park Shelter Renovation March 2011 Addendum No. 6 : __ _ Addendum No. 7: __ _ Addendum No. 8: __ _ Addendum No. 9: __ _ Addendum No. 10: __ _ ------·····--·--·--- PART 1 GENERAL 1.1 SUMMARY MARION SANSOM PARK INSPIRATION POINT RESTORATION SECTION 04060 MASONRY MORTAR AND GROUT Revised 3.18.11 A. Related Documents: Provisions established within the General and Supplementary General Conditions of the Contract, Division 1 -General Requirements, and the Drawings are collectively applicable to this Section. B. Section Includes: 1. Mortar and grout for limestone masonry. 1.2 SU BM ITT ALS A. Submit product data under provisions of Section 01330. B. Include design mix, indicate Proportion or Property method used , required environmental cond itions, and admixture limitations. , C . Samples: Submit 2 ribbons of mortar color, illustrating color and color range. 1.3 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and protect products under provisions of Section 01600. B. Maintain packaged materials clean, dry, and protected against dampness, freezing, and foreign matter. 1.4 ENVIRONMENT AL REQUIREMENTS A. In hot weather, above 99 degrees F with less than 50 percent relative humidity, protect masonry construction from direct exposure to sun and wind. B. Cold Weather Requirements: Do not install masonry if outside air temperature is 40 degrees F. or lower. Do not install masonry if outside air temperature is expected to fall below 35 degrees or lower within 36 hours of masonry installation. 1.5 MIX TESTS A. Test mortar and grout in accordance with Section 01450. B. Testing of Mortar Mix: In accordance with ASTM C 780. C. Testing of Grout Mix: In accordance with ASTM C 1019. D. Test mortar mix for compressive strength, air content, and slump. PART 2 PRODUCTS 2.1 MATERIALS A. Portland Cement: ASTM C 150, Type I, gray and white color mix as required to match existing. B. Mortar Aggregate: ASTM C 144, standard masonry type. C. Hydrated Lime: ASTM C 207, Type S. D. Quicklime: ASTM C 5, non-hydraulic type. E. Grout Aggregate: ASTM C 404. F. Grout Fine Aggregate: Masonry sand to match existing G. Water: Clean and potable. Arthur Weinman Architects Architect's Project No. 10-028 04060 -1 Masonry Mortar And Grout 18 March 2011 2.2 MORT AR COLOR MARION SANSOM PARK INSPIRATION POINT RESTORATION A. Mortar Color: Mortar color shall match existing aged Portland Cement mortar found at existing project. 1. Mineral oxide pigment; maximum 3 percent by weight Portland Cement content 2. Color: Match existing aged Portland Cement mortar found at project. 3. Acceptable Manufacturers: Subject to compliance with requirements here in, provide products from one of the following : a. Lehigh Portland Cement Co., Allentown, PA. b. Solomon Grind-Chem Services, Inc., Springfield, IL. c. Davis Colors, Los Angeles, CA. 2.3 MORTAR MIXES A. Mortar for Load Bea ring Walls and Partitions: ASTM C 270, Type S using the Property Method. to achieve 1800 psi strength. B. Mortar for Reinforced Masonry: ASTM C 270 , Type S using the Property Method to achieve 1800 psi strength. C. Pointing Mortar: ASTM C 270, Type S, using t he Property Method with maximum 2 percent ammonium stearate or calcium stearate per cement weight. 2.4 MORTAR MIXING A. Thoroughly mix mortar ingredients in quantities needed for immediate use in accordance with ASTM C 270 and C 780. B. Add mortar color in accordance with manufacturer's instructions. Provide uniformity of mix and coloration. C . Do not use anti-freeze compounds to lower the freezi ng point of mortar. D. If water is lost by evaporation, retemper only within 2 hours of mixing. E. Use mortar within two hours after mixing at temperatures of 80 degrees F, or 2-1/2 hours at temperatures under 50 degrees F. 2.5 GROUT MIXES A. Use grout as required for interior repair of existing stone masonry walls. Fill interior voids and defects as directed by Architect. B. Install 3000 psi strength at 28 days; 7 to 8 inches slump; premixed type in accordance w ith ASTM C 94, mixed in accordance with ASTM C 476 Course grout. 2.6 GROUT MIXING A. Thoroughly mix mortar ingredients in quantities needed for immediate use in accordance with ASTM C 476 Course grout. B. Add admixtures in accordance with manufacturer's instructions. Provide uniformity of mix. C. Do not use anti-freeze compounds to lower the freezing point of grout. PART 3 EXECUTION 3.1 EXAMINATION A. Request inspection of spaces to be grouted. 3.2 · INSTALLATION A. Install mortar and grout to requirements of the specific masonry Sections. B . Work grout into masonry cores and cavities to eliminate voids . C. Do not displace reinforcement while placing grout. D. Remove grout spaces of excess mortar. Arthur Weinman Architects Architect's Project No. 10-028 04060 -2 Masonry Mortar And Grout 18 March 2011 MARION SANSOM PARK INSPIRATION POINT RESTORATION 3.3 FIELD QUALITY CONTROL A. Subm it materials proposed for use and intended proportioning to testing laboratory for test batch ing of mortar and grout. Test cubes will be made to verify compliance with specification requirements. During first day's masonry work, test mortar cubes (4 total) will be inade by testing laboratory, w ith one each broken at 7 , 14, and 28 days , and the 4th held in reserve . B. Testing laboratory will perform mortar cube testing as masonry work continues on the project, with a min imum of two sets of test cubes each week , or corresponding to each 2000 square feet of wall surface laid, whichever occurs first. Perform mortar sampling and testing in accordance with ASTM C 109 and ASTM C 780 and grout sampling and testing per ASTM C 1019. Arthur Weinman Architects Architect's Project No. 10-028 END OF SECTION 04060 -3 Masonry Mortar And Grout 18 March 2011 PART 1 GENERAL 1.1 SUMMARY MARION SANSOM PARK INSPIRATION POINT RESTORATION SECTION 04710 FIELDSTONE LIMESTONE MASONRY Revised 3.18.11 A. Related Documents: Provisions established within the General and Supplementary General Conditions of the Contract and Division 1 -General Requirements are collectively applicable to this Section. · B. Section Includes: . 1. Reuse existing salvage.d fieldstone limestone masonry units for rough rubble wall and column repairs and re-construction as shown on construction drawings. 2. Provide and install new matching fieldstone limestone masonry units for rough rubble wall repairs and re-construction as shown on construction drawings. 3 . Reinforcement, anchorages and accessories. 1.2 SUBMITTALS A. Shop Drawings: Subm it in accordance with Section 01330. Indicate material, sizes, shapes, edges, color range, hardness. B. Samp les: Submit samples under provisions of Section 01330. Submit 3 samples of limestone for Architect's approval and selection of color and texture. Samples shall illustrate range from darkest to lightest color. C. Additional samples may be required for compression testing by Owner's testing-laboratory per Section 01450 -Quality Control at discretion of the Architect. 1.3 SAMPLE PANEL A. Erect 4 ft. by 4 fl. sample panel using new stone proposed for project at location designated in the field by Architect. B. Sample panel shall NOT be a portion of the building construction, and shall NOT be incorporated into the finish building. Sample panel shall be dismantled and removed by Contractor after masonry work has been completed and has been accepted by Architect. C. Sample panel shall include mortar joints, grout wall cap, column section, vertical expansion joint, and all other finish detailing. D. Architect and Owner shall examine sample panel for detailing, mortar, joints, wall cap, column section, expansion joint, and any other finish detailing. Completed project shall correspond exactly to quality of sample panel for acceptance. E. Mortar color and texture match are a critical part of this sample panel. Mortar cures and hardens with a different color than when fresh. Contractor shall be prepared to prepare at least 3 different sample panels before a panel acceptable to the Architect has been prepared. 1.4 QUALITY ASSURANCE A. Quarry: Minimum 5 years experience with providing white limestone for construction use. B. Manufacturer: Minimum 5 years experience fabricating similar work . Submit list of recent completed projects if requested. C. Installer: Minimum 5 years experience in similar types of work and be able to furnish a list of previous projects and references if requested by Architect. Arthur Weinman Architects Architect's Project No . 10-028 04710 -1 Fieldstone Limestone Masoniy 18 March 2011 MARION SANSOM PARK INSPIRATION POINT RESTORATION 1.5 ENVIRONMENTAL REQUIREMENTS A. In hot weather, above 99 degrees with less than 50 percent relative humidity, protect construction from direct exposure to the sun and wind. B . Cold Weather Requirements : Do install masonry if temperature is at or below 40 degrees F. Do not install masonry if temperature is expected to fall below 35 degrees within 36 hours time period. 1.6 DELIVERY AND STORAGE A. Deliver, store and handle materials in accordance with Sections 01600 . B. After delivery store, stack and transport in a manner to prevent cracking, chipping, spalling , staining and other injuries. C. Store stone off ground and under cover, protected from staining 1. 7 PROTECTION A. Protect stone to prevent concrete, asphalt, rainwater and other foreign material from defacing stone surfaces. PART 2 PRODUCTS 2.1 STEEL REINFORCEMENT AND HARDWARE A. Reinforcement Steel: ASTM A 615, Grade 60, domestic deformed steel bars, and ASTM A 82 plain, cold-drawn steel. Hot dip galvanize after fabrication, per ASTM A 153. B. Anchors: Type 306 stainless steel wire and rods , sizes as detailed. 2 .2 STONE A. Acceptable Quarries: Subject to compliance with requirements herein, provide products from one of the following: . 1. Granbury, Texas white (not stained) limestone to match existing limestone found incorporated into project, or equal as approved by Architect. Do not substitute soft, chalky limestone found in this immediate region. B. Substitutions: Under provisions of Section 01600. 2.3 MORTAR MATERIALS A. Portland Cement: ASTM C 150, Type 1 , in white or white blend color to match existing. 1. Acceptable Products: · a. Trinity Concrete Products. b. Gifford Hill. B. Course Aggregates: ASTM C 33, color as necessary to obtain final approved color of stone. C. Sand: ASTM C 144. D.-Lime Putty: Hydrated lime, Type S, ASTM C 207. E. Water: Clean and.free from deleterious substances. 2.4 MORTAR MIX A. Refer to Section 04060 "'." Masonry Mortar and Grout requirements. PART 3 INSTALLATION 3.1 PREPARATION A. Drench stone with clean water and allow to drain so as to be slightly damp when laid up. B. Clean all surfaces on which masonry is to be laid up. Brush thoroughly to remove all loose dirt and debris which will weaken mortar bond . Arthur Weinman Architects Architect's Project No. 10-028 04710 -2 Fieldstone Limestone Masonry 18 March 2011 3 .2 INSTALLATION MARION SANSOM PARK INSPIRATION POINT RESTORATION A. Set stainless steel anchor rods in setting bed. B . Set stone plumb and true in full beds of mortar. C. Spread mortar bed full width and relatively smooth. Do not furrow or groove with trowel point. D. Butter end and back of stone with mortar and shove into place to completely fill head joints. E. Do not feather ends with excess mortar cut from bed. F. Fill interior vertical joints and voids between stones completely with mortar as each course is laid. G. All stone shall be set on mortar bed whether on existing stone, new stone, or concrete setting bed. H. Joints shall be nominal 3/8 inch width for proper stone appearance. We want to see stone, not mortar. · I. Leave securely anchored and. bonded. 3.3 JOINTS A. Provide 3/8 inch wide joints. Fill joints with mortar as stone is set. B. Leave joints tightly tooled and slightly concave. · Tool and work to a hard, dense surface without any shrinkage cracks. Delay tooling until mortar has set thumbprint hard. C . Refer to Section 04060 -Masonry Mortar and Grout for additional requirements . 3.4 WATER SCUPPERS AND DRAINS A. Existing water scuppers and drains from upper patio deck adjacent to picnic shelter shall remain in current locations. All stone repair work adjacent to these openings shall keep the openings free and clear of any additional obstructions. 3 .5 INSTALLATION TOLERANCES. A. Variation from plane of wall: 1/4 inch ·in 10 feet, and 1/2 inch in 20 feet or more. B. Variation in joint thickness: . 3/8 inch nominal -fit stone for nominal joints to match existing stone work. C. Variation in level of tops of walls and rails: 1/4 inch in 10 feet; and 1/2 inch in 20 feet and overall. 3.6 . CONTROUEXPANSION JOINTS A. Install resilient control and expansion joint in continuous lengths in accordance with Section 07920 -Joint Sealants. B. Provide expansion joints where indicated on the drawings. 3.7 PATCHING A. Patching existing defects is required and shall be performed with proper materials, by skilled craftsmen, as approved by Architect, and patched areas ble.nd-in with surrounding areas so that repair is not noticeable from viewing distance as defined by Architect. B. Patching of minor defects will be permitted if performed with proper materials, by skilled craftsmen, as approved by Architect, and patched areas blend-in with surrounding i;ireas so that repair is not noticeable from viewing distance as defined by Architect. 3.8 CURING A. In dry weather, masonry exposed to wind and sun shall be wet with fine water spray several times for at least 6 days starting as soon as the mortar has set sufficiently to resist erosion . 3.9 POINTING A. On completion of masonry work, see that line nail holes and other defects are filled and neatly pointed . Remove all mortar droppings from projecting stone and other surfaces . Arthur Weinman Architects Architect's Project No . 10-028 04710-3 Fieldstone Limestone Masonry 18 March 2011 3.10 CLEANING MARION SANSOM PARK INSPIRATION POINT RESTORATION A . After stones are installed, remove fore ign matter from surface of stone using a st iff brush, mild cleanser and clear water. B. Use of acid is strictly prohibi ted. Arthur Weinman Architects Architect's Project No. 10-028 END OF SECTION Fieldstone Limestone Masonry 18 March 2011 MARION SANSOM PARK INSPIRATION POINT RESTORATION SECTION 0731 O METAL ROOFING SHINGLES AND TRIM Revised 3.18.11 PART 1 GENERAL 1.1 SUMMARY A. Related Documents: General and Supplementary Conditions of the Contract, Division 1 - General Requirements, and Drawings are applicable to this Section. B. Section Includes : 1. Metal Roofing Shingles . 2. Trim for Shingle Metal Roofing. 3. · Roofing Underlayment 1.2 QUALITY ASSURANCE A. Manufacturer: Company specializing in forming metal roofing shingles and trim with m inimum 3 years experience. B. Conform to NRCA-Steep Roofing Manual. 1.3 RELATED SECTIONS A. Section 07131 -Elastomeric Sheet Wate rproofing and Underlayment B. Section 07620 -Sheet Metal Flashir,g and Trim 1.4 SUBMITTALS A. Submit product data under provisions of Section 01330 . B. Include metal shingle properties, configurations, jointing methods and locations, fastening methods arid locations, and installation details. C. Submit samples under provisions of S_ection 01350. D. Submit 2 samples il l ustrating typical range of co lor variation expected . Subm it manufacturer's storage and installation instructions under provisions of Section 01330 . 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01600 . B. Store and protect products under provisions of Section 01600. C. Protect clay tiles from damage in accordance with manufacturer's storage instructions. 1.6 WARRANTY A. Provide 50 year manufacturer's limited warranty against manufacturing defects which result in leaks, and 50 year manufacturer's limited wind warranty against damage from winds up to 11 O mph, both under provisions of Section 01780. · · B. Provide 30 year manufacturer's limited warranty for paint finish under provisions of Section 01780. PART 2 PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufacturers : Subject to compliance with requirements herein, provide products from one of the following: · 1. S_upply and install Tamko Metalworks Steel Shingles, trim and accessories, "StoneCrest Tile" design, color "Quaker Green". Arthur Weinman Architects Architect's Project No . 10-028 07310-1 Metal Roofing Shing les and Trim 18 March 2011 MARION SANSOM PARK INSPIRATION POINT RESTORATION B. Substitutions : Under provisions of Section 01600. 2 .2 ROOFING MATERIALS A. Roofing system is fire resistant and non-combustible. B. Metal Shingles: Galvanized G-90 stamped steel 0.0162" th ickness (28 gauge) C. Size Shingles: 12-5/8 by 39-3/4 inches (11-7/8 by 39-3/8 inches coverage) D. Design: "StoneCrest Tile" E. Color: "Quaker Green" F . Exterior Finish: Fluropolymer (PVDF) with anti-corros iv.e pr imer, 1 mil dry film thickness G. Interior Finish: Wash coat with anti-corros ive primer, 0.6 mil dry film thickness H. Clip: G-90 galv. stl., 0.015" thickness , 1-1/4 inch w ide by 2-1/8 inch long by 1/5 inch deep I. Manufacturer's Accessory Products: Eve starter courses, sidewall trim, gable trim , J- channel, tapered hip caps, ridge caps, hip and ridge seal, installation cl ips , co lored i nstallation screws, trim coil (if required). J. Manufacturer's touch up paint. K. Underlayment: Ref Section 07131 -Elastomeric Sheet Waterproofing -Butyl Rubber. L. Screws: Type and color provided by shingle manufacturer. M. Plastic Cement: Plastic cement shall not be used at th is project for roofing. N . Sealants : Joint Sealants shall not be used at th is project for roofirig. 2 .3 FLASHING MATERIALS A. Steel step flashings, coun ter flashings for chimney: ASTM A 525; 24 gage; w ith 1.25 ounces per square foot, G90 galvanized coating. B. Screws: Type and color provided by shingle manufacturer. 2.4 FLASHING FABRICATION A. Form flash ings to profiles indicated on drawings to flash existing ch i mney stone into new metal shingle roof, and to protect roof assembly and shed water. B. Form sections sqLJare, true, and accurate to profile, in maximum possible lengths, free from distortion and other defects detrimental to appearance or performance . C. Herri exposed edges of flashings minimum 1 /4 inch on underside. D. Apply bituminous paint on concealed surfaces of all flashings . . PART 3 EXECUTION 3.1 INSPECTION A. · Verify that roof deck surfaces are dry, sound, flat, and of sufficient thickness to accept fasteners. B. Beginn ing of installation means acceptance of substrate. 3.2 PREPARAT ION A. Seal roof deck joints wider than 1/16 inch with deck tape . B . Coordinate installation of roof mounted components, or work projecting or penetrating through roof. Verify roof openings are prepared prior to installing work of this Section. 3.3 ELASTOMERIC UNDERLAYMENT PROTECTION INSTALLATION A. Place a layer of elastomeric underlayment in accordance with manufacturer's recommendations and per Section 07131 -Elastomeric Sheet Waterproofing -Butyl Rubber. 8. Extend elastomeric underlayment over the entirety of the full roof deck surfaces from the eave and gable edges to ridge , gable ridges and chimney. C . Place one ply of underlayment over deck area w ith ends and edges weatherlapped minimum 6 inches on ends and 3-1/2 inches on slopes. ArthurWeinman Architects Architect's Project No. 10-028 ---------~-· .. ~. --- 07310 - 2 Metal Roofing Shingles and Trim 18 March 2011 MARION SANSOM PARK INSPIRATION POINT RESTORATION D . Stagger end laps of each consecutive course. Nail in place per manufacturer's ins tallation instructions. 3.4 FLASHING INSTALLATION A. Refer to Section 07620 -Sheet Metal Flashing and Trim. B. Install flashings in accordance w ith NRCA requ irements and SMACNA Arch itectural Sheet Metal Manua l requ irements. C. Weather lap joints minimum 6 inches. Secure in place w ith nails at 6 inches on center. D. Flash and seal work projecting through or mounted on roofing. Provide weathertight installation. 3.5 ROOF SHINGLE INSTALLATION A. Install in accordance with manufacturer's instruct ions and NRCA Steep Roofing Manual, whichever is more stringent. B. Complete ins tallation to provide weathertight service. C. After installation of underlayment, course shingle rows from eve and from ridge. Chalk mark shingle rows on underlayment as guide during application . D . Provide proper stagger of shingle panels as called for in manufacturer's installation instructions, and as indicated on shingle panels. E. Install shingles using on ly manufacturer's screw ins talled clips . Install screws through underlayment into plywood roof deck. Install clips at manufacturer's recommended locations for roof slope of 6-1 /4 in 12 and as required for manufacturer's 110 mph wind speed warranty. F. Use only shingle manufacturer's installation clips , eve term ination and trim, gable ridge and roof ridge shingles, gable end shingles, flashing systems and other devices for complete manufacturer warranted installation. Arthur Weinman Architects Architect's Project No . 10-028 END OF SECTION 07310 -3 Metal Roofing Shingles and Trim 18 March 2011 NOTICE TO OFFERORS Proposals for the Marion Sansom Park Shelter Renovation at 250 1 Robert's Cut-off Road, Fort Worth , w ill be received at the Purchas ing Office , C ity of Fort Worth, 1000 Throckmorton , Fort Worth , 76102 , until 1 :30 P.M., Thursday, March 31, 2011, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers . After evalua ting the Proposals submitted , the City shall select the Offerer that offers the Best Value to the C ity and enter in to negot iat ions w it h that Offeror. T he C ity may d iscuss w ith the selected Offeror options for a scope or t ime modification and any pr ice change associated with such modification . A Pre-Bid Conference w ill be held at 10:00 A.M., Tuesday, October 5, 2010 at t he Architectural Services conference roo m located at 401 West 13th Street , Fort Worth. The offers will be valid for ninety (90) calendar days. Estimated construction cost is in the $85,000 range . MWBE participation will be evaluated in award ing this Contract. The MWBE participation requrrement is 7%. Offerors must submit an M/WBE Plan on your own forms with in 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 Offerers. Fa ilure 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. Offerers must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be requ ired 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 logg ing on to https://projectpoi nt.bu zzsaw .co m/fortwort hgov with the user name "Cowtown", password "Cowtown2004 ", and click on "T/PW Facility Projects ". Contact the Proj ect Manager, Ronald Clements , at (817} 392-8014 or Email Ronald.Cle ments @fortworthg ov .org for assistance . For additional information contact Mike Sm ith , Elements of Architecture 817 .333.2880 , or Email m s mith@eleme ntsofa rc.co m Advertisement: March 3, 2011 March 10 , 2011 M arion Sanso m Park Shelter Renovatio n June 2011 TABLE OF CONTENTS 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 Marion Sansom Park Shelter Renovatio n June 2011 INSTRUCTIONS TO OFFERORS 1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: • Use the Proposal Form provided below. • Entries on the Proposal Form may be handwritten or typed . • Write in contract duration if not specified . • Acknowledge all addenda on the Proposal Form . • Have a Principal sign the Proposal. If the Offeror is a corporation , the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth , in an amount of not less than five (5%) per cent of the total of the bid submitted. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . 1A. SELECTION OF CONTRACTOR: The City shall select the Offeror 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/experience of the Offeror as demonstrated by past project work and the report of references ( 10%) 5. Offeror'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 Offeror. The City and its architect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. · Marion Sansom Park Shelter Reno vation June 2011 - 2. MINORITY AND WOMEN BUSINESS ENTERPRISE (~/WBE) (BEST VALUE PROPOSAL) 3. All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority and-Women Business Enterprises (M/WBE) in the procurement of services with a fee of $25 ,000 or more by establishing an M/WBE goal. Within five (5) City business days from proposal submittal date, exclusive of the proposal submittal date , all Offerors will be required to submit information concerning the M/WBE(s) that 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. 401 West 131h Street, Fort Worth, Texas 76102. The M/WBE firm(s) must be located or doing business in the City's geographic market area that include the following nine (9) counties: Tarrant, Parker, Johnson , Collin, Dallas, Denton , Ellis, Kaufman and Rockwall. The M/WBE firm(s) must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division prior to recommendation for award being made by the City Council. If you 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 supplier.s. 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. 4 . PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25 ,000 , the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded . The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253 , as amended. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein .. Marion Sansom Park Shelter Renovation June 2011 No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or wh ich are interested in any litigation aga inst 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 13th 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: Marion Sansom Park Shelter Renovation June 2011 Should a Offerer find any discrepancies in the drawings and spec ifications , 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 avai lable to all Offerers at the place des ignated for distribution of Bid Documents by the Notice to Offerors . The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed bids . Oral instructions or decisions unless confirmed by wr itten 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. Fai lure to acknowledge addenda may cause the Proposal to be ruled non-responsive . It is the Contractor's responsibility to obtain Addenda and include its informat ion 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 Cert ificate 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 : Con tractor 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 perm its may be requ ired 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 respons ible 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 acceptabil ity of proposed substitutions. Where equipment has been listed as "no substitute accepted ", the City will accept no alternates to the specified equipment. Also refer to specification section 01630 Product Options and Substitutions. 17. TESTING SERVICES : The City shall provide for, independently of the contractor, the inspection services, the testing of construction mater ials 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 Qual ification Statement will , at the min imum , 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. Marion Sansom P ark Shelter R en ovati on June 2011 , · PROPOSAL (REVISED) TO: MR. DALE FISSELER, PE CITY MANAGER A N: PURCHASING OFFICE 100 THROCKMORTON CITY F FORT WORTH, TEXAS FOR: Marion S som Park Renovation 2501 Robe 's Cut-off Road Fort Worth, exas Project No. T W2010-09 . Project No.:01 19 Pursuant to the foregoing" structions to Offerors,"~h undersigned has thoroughly examined the plans, specifications and t site, understands th 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 pro ed in the plans 1 ~ specifications, and subject to the inspection and approval of the Director of ansportation a/ Public Works of the City of Fort Worth. Upon acceptance of this Proposa by the City ouncil, the bidder is bound to execute a contract and, if the contract amount exceed $25,000. 0, furn ish acceptable Performance and/orPayment Bonds approved by the City of Fort orth fo performing and comple ting the Work within the time stated and for the fol lowing sum, to wi PESCRIPTION OF ITEMS Base Bi/-/ ~T, ()00. tl5I , . Completion within1"" UNIT PRICES The undersigned agrees to c mplete the Work with in the calendar days specified above after the date of Notice to Proceed : Project Schedule will be sub itted as required in the Instructions to Offeror. The City reserves the ri t to accept or reject any and al bids or any combination thereof proposed for the above w rk. The undersigned assur s that its employees and applicants for mployment and those of any labor organization, su contractors or employment agency in 'ther furnishing or referring employee applicants to the undersigned are not discriminated again t as prohibited by the terms of City Ordinance 72 as amended by City Ordinance 7400 (Fo Worth City Cod~ Section 13A-21 through 13A-2 . Marion Sansom Park Shelter Renovation March 2011 ---· ··-····----··-·-·---------. -·-·--------- , TO: PROPOSAL (REVISED) MR. DALE FISSELER, PE CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON CITY OF FORT WORTH, TEXAS FOR: Marion Sansom Park Renovation 2501 Robert's Cut-off Road Fort Worth, Texas Project No. TPW2010-09 Project No.:01519 I Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the si te, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications , and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/orPayment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: OESCRIPTION OF ITEMS Base Bil'/ a1, OQO . Qi/ , Completion within "':1-b calendar days after date of Notice to Proceed . UNIT PRICES A Item : Stone wall demolition -Additional: $ 3 0 . u. /Lineal 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 Offeror. 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 appl icants for employment and those of any labor organization , subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29}. Marion Sansom Park Shelter Renovation March 2011 ---· ··-··-·----·· ---·--·-------------·-· ·-· ·--·----------------·-·---·---·-----···--------~-·-----------------· .----··· ·········-··----· Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. B. LI Non-resident vendors in (give ·state}, our principal place of business, are required to be __ percent lower than resident bidders by state law. LI Non-resident vendors in (give state), are not required to ¢'derbid res ident bidders . IY Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal cont ract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars(~ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE}: (For bids in excess of $25,000) . • I am aware that I must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of th is Proposal in order to be considered RESPONSIVE. Respectfully submitted, ~h'\.~~ -, By: ~ ~p ;;:T -1/,EMN / 61A1/elS Printed Name of Principal Title Address: %P4Y~ ~ Stree~ {µ~ . . jA./, City Phone: Fax: 'i'J 7-377 -00,1/ ~1 1 ~ 377-0013 71.p10 7 Zip Email: ~Q/\0-~ ,Cfm, Marion Sansom Park Shelter Renovation March 2011 -. -- :: -~ ..... -..-..... -. ... -... --------··--------------·------·-----------·-----------··-·------------------------·------------------~--·--·- Receipt is acknowledged of the following addenda : Addendum No. 1 ~~~ /,, Addendum No. 6: __ Addendum No . 2~~:,/,, Addendum No. 7:. __ _ Addendum No. 3: __ _ Addendum No . 8:. __ _ Addendum No . 4: __ _ Addendum No. 9:. __ _ AddendumNo;S: __ _ Addendum No. 10 :. __ _ Marion Sansom Park Shelter Renovation March 2011 ··---· ····-····---·------·---------------·----·---- - TEXAS SALES AND USE TAX EXEMPTION CERTIFlCATE Name of Purchaser, Firm or Agency: City of Fort Worth , Texas Address (Street & Number, P.O . Box or Route Numbe r): 1000 Throckmorton City, State, Z ip Code : ~F~ort~W-'-o"""rt""""hci_:.T-=e=xa=s"--'-76~1~0=2~--------- Telephone: (817) 392 -8360 I, the purchase r named above , claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on t he attached order or invo ice from : All vendors Description of t he items to be purchased , or on the attached order or invo ice : All items except motor veh icles 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 w ith the provisions of the state, city, and/or metropolitan trans it authority sales and use tax laws and comptroller rules regard ing 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 t ime used . . I I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items wh ich I know, at the time of purchase, will be used in a manner other than :;~~;:~t this ~~;t[\nd that upon conviction I may be fined not more than $500 Purchaserc Fw,JJ.____, T itle: 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. Th is certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. M arion Sans om Park Shelter Renovati on June 2011 Classification AC Mec hanic AC Mechanic He lp e r Acousti cal Ceilin g Mechan i c Acoust i cal Ceili ng He l per Ab estos Worker Brick laye r/Stone Mas on Bric klayer/Stone Mason Helper Carpente r Carpenter Helper Concrete Finisher Concrete Finisher Helper Concrete Form Builder Concrete Form Builder Helper Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Heloer Electrician (Journeyman) Electri cian Helper Electronic Technician Electronic Technician Helper Floor Layer (Carpet) Floor Layer (Resil i ent) Floor Layer Helper Glazi er Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled 2009 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Health/ Avg. Hrly Rate Welfare $2 5 .92 $1 .01 $15.81 $0 .00 $15 .56 . $0 .57 $12 .27 $0.19 $0 .00 $0 .00 $18 .54 $0 .24 $10 .39 $0 .00 $17.08 $1 .62 - $13.45 $0 .75 $13.97 $0 .41 $12 .14 $0 .43 $14 .03 $0.67 $11. 72 $0.54 $16.10 $0 .56 $12.43 $0.33 $15.00 $0 .07 $11.50 $0 .07 $21.77 $1 .08 $15.32 $1 .09 $20.00 $0.00 $0.00 $0.00 $0.00 $0.00 $18.00 $0.00 $10.00 $0.00 $18.53 $1 .92 $13.49 $1.20 $16.59 $0 .29 $11 .21 $0 .36 $10.47 $0.70 $13 .24 $0 .98 Marion Sansom Park Shelter R enovati on June 2011 Total Pension Vacation Package $0 .19 $0 .83 · $27 .91 $0 .00 $0.30 $16.77 $0 .03 $0.12 $16 .26 $0 .00 $0.00 $12 .46 $0.00 $0.00 $0.00 $0.00 $0 .00 $18. 78 $0 .00 $0 .00 $10 .39 $0.17 $0 .81 $19 .69 $0.08 $0.71 $14 . 99 $0.04 $0 .14 $14 .55 $0 .04 $0 .11 $12 .72 $0.03 $0 .15 $14 .88 $0.03 $0 .10 $12 .39 $0.02 $0 .30 $16. 98 $0.00 $0 .28 $13.05 $0 .00 $0.00 $15 .07 $0.00 $0 .00 $11 .57 $0 .05 $0 .38 $23.29 $0 .05 $0 .27 $16.73 $0.00 $0 .00 $20 .00 $0.00 $0.00 $0.00 $0.00 $0 .00 $0.00 $0.00 $0.00 $18.00 $0 .00 $0.00 $10.00 $0.38 $0.71 $21.54 $0.10 $0 .35 $15.13 $0.12 $0 .08 $17.08 $0.11 $0 .13 $11 .81 $0 .06 $0 .08 $11 .30 $0 .06 $0 .12 $14.41 - Lather Lather Hel per Metal Building Ass embler Metal Buildin g As sem bler Helper Painter Painter Helper Pipefitter Pipefitter Helper Plasterer Pl aste rer Helper Plumber Plumbe r Helpe r Reinforcing Steel Setter Reinforcing Steel Setter Helper Roofer Roofer Help e r Sheet Metal Worker Sh eet Metal Worker Helper Sprin k ler System Installer Sprinkler System Installer Helper Steel Worker Structural Steel Worker Structural Helper Concrete Pump Crane, Clamsheel, Backhoe , Derrick, D'Line Shovel Forklift Foundati on Drill Operator Front End Loader Truck Driver Welder Welder Helper Marion Sansom Park Shelter Reno vation June 20 11 $17.00 $15.00 $16.00 $12 .00 $12.57 $9.98 $21.14 $14. 92 $17 .24 $12 .85 $20.33 $14. 95 $13 .01 $11.19 $16. 78 $12 .33 $17.49 $14.16 $19 .17 $14 .15 $19 .28 $13.74 $18.50 $17.81 $12. 96 $22 .50 $13.21 $15.21 $17.81 $12.55 $0 .00 $0.00 $0.00 $17.00 $0.00 $0.00 $0 .00 $15 .00 $1.56 $0.63 $0.00 $18 .19 $1.56 $0.63 $0 .00 $14 .19 $0.69 $0 .02 $0.09 $13.37 $0.61 $0 .02 $0.09 $10. 70 $0.90 $0.13 $0 .45 $22.59 $0 .58 $0.11 $0 .23 $15.82 $0 .05 $0.00 $0 .00 $17 .30 $0 .05 $0.12 $0.43 $12 . 90 $0 .69 $0.12 $0.43 $21 .56 $0 .95 $0.11 $0 .00 $16.42 $0.36 $0.07 $0.23 $13 .67 $0.25 $0.05 $0.16 $11.64 $1.25 $0.23 $0 .1 7 $18.43 $1.25 $0.23 $0 .17 $13.98 $0 .97 $0 .10 $0.51 $19.06 $1.40 $0 .17 $0 .44 $16 .15 $1.68 $0 .33 $0.33 $21 .52 $1 .50 $0 .00 $0 .50 $16.07 $1 .37 $0 .55 $0.12 $21.32 $1 .37 $0 .39 $0 .09 $15 .59 $0 .00 $0 .00 $0 .00 $18 .50 $1.30 $0 .12 $0.24 $19.48 $0.42 $0.04 $0 .08 $13 .50 $0.00 $0.00 $0 .00 $22 .50 $0 .36 $0.06 $0.17 $13.79 $0.65 $0 .06 $0.19 $16.11 $0.92 $0 .12 $0 .30 $19.15 $0 .75 $0.00 $0.33 $13.64 (1) (2) (3) * WEATHER TABLE Month Average Inches of Days of Rainfall Rain January 7 February 7 March 7 April 8 May 8 June 6 July 5 August 5 September 7 October 5 November 6 December 6 I ANNUALLY I 77 I 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 1..80 2 .36 2 .54 4 .30 4.47 3.05 1.84 2 .26 3 .15 2.68 2 .03 1.82 32 .30 I Snow/Ice Pellets 1 * * 0 0 0 0 0 0 0 * * 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. Marion Sansom Park Shelter Renovation June 2011 - - 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 Contra ct Documents is meant all of the written and drawn do cuments 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 agre emenl between the Parties, and no prior or contemporaneous, oral or written agre ements , instruments or negotiations shall be construed as al te ring 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 in corporated in order to produce the construction required by Contract Documents .. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be execu ted in s ix 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 notifi cation to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revoca tion 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 ente red 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 compensation due to variations between conditions · actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract. The intention of the Contract Documents being to provide for all labor , supervision. materials, equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordan ce with such recognized meanings . A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections , Artides . 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 Arch itect 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 Marion Sansom Park Shelter Renovation 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 respon s ive bidder . The City policy and procedures to be followed in submitting bids is included. The City of Fort Worth MWBE Program will take preceden ce over other s ubcontractor utilization programs on Block Grant and other federally fund ed Projects . A-11 CORRELATION AND INTENT: In general , the drawings indicate dimension, locations , positions, quantities , and kinds of construction ; the specifications indicate th e quality and construction procedures required . Work indicated on the drawings and not specified of vice-versa , shall be furnished as though set forth in bo t h. Wo rk 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 qual ity or greater quantity or work or materials shall be estimated and shall be furnished or included . Dimensions on dra wings shall take precedence over small-scale drawings . Drawings showing locations of equipment , piping , ductwork , electri~al 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 Exe cutive Branch of the fed e ral government, Contractor covenants that neither it nor any of its officers, members , agents , employe es, program participants or subcontractors, while engaged in performing this contract , shall , in connection with the employment, ad vancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discrimin ate aga inst persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. · Contractor further covenants that neither it nor its officers , members , ag ents , employees , subcontractors , program participants, or persons acting on their behalf, shall specify , in solicitations or adverti s ements for employees to work on th is contract , a maximum age limit for such employment unless the specified ma ximum age limit is based upon a bona fide occupational qualification , retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend , indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. · A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability , terms and /or conditions of employment for applicants for employment with , or employees of Contractor or any of its subcontractors . Contractor warrants it will fully comply with ADA provisions and any other applicable federal , state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: Where the term "Architect" is used in the "General Conditions of the Contract for Construction", it shall refer to the Director, Transportation and Public Works or his designated Building Construction Manager. The Director, Transportation will designate a Project Manager and Building Construction Manager (BCM) to administer this contract and perform the functions of the "Architect" as indicated in the General Cond itions. 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 Publ ic Works or his designated representative . 8-2 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 . ·1 b) Place no further orders or subcontracts except as may be necessary for the completi6 n 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 clalm 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 o~ 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 Faci lity Construction Lump Sum Contract Marion Sansom Park Shelter Renovation - B-3 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Do cuments shall create any pri vily 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 O wner and will have authority to act as the representati ve of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owne r. The Architect will be available for conferences and consultations with the Owne r or the Contractor at all reason able times. 8-5 ACCESS TO JOB SITES: The Architect shall at all times ha ve access to the Work whenever it _is in preparation and progress . The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Do cuments. · The Architect wi ll make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents . On the basis of on-site observations, the Architect will keep the O wne r 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. 8-6 INTERPRETATIONS: The Architect will be , in the first instance , the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of th e Owner . The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contra ct Documents . B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in its reasonable opinion , the BCM considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the BCM will have authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether .or not such Work be then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT / Shop Drawings . The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor . Change Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees . The Owner will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Completion . Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor. B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works , or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Facilities Management Division. Generally speaking a designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as a point of contact for day-to-day contract administration. C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided , however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself. therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner , and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction ease·ments. 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 Marion Sansom Park Shelter Renovation C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM . C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents . C-5 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and reports concerning the progress and quality of the work, the Owner wil l approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work that does not conform to the Plans .and Specifications . Whenever , in its reasonable opinion , the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications , the Owner wi ll have authority to require the Contractor to stop the work or any portion thereof, or to require the Contractor to stop the Work or any portion thereof, or to require specia l inspection or testing of the Work whether or not such Work be then fabricated, installed or completed . C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantially complete , the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704, which is to be prepared and signed by the Contractor, and accepted, approved and signed by the Owner . C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract , have access to and the right to examine any directly pertinent books, documents , papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used herein includes purchase orders . Contractor agrees to photocopy such documents as may be requested by the city . The city agrees to rei mburse Contractor for the costs of copies at the rate published in the Texas Admin istrative 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 a uthori zed 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 exclusi ve rightto 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 SUBLETIING: 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 Cont ractor 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 Contra ct, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, inco nsistency or omission he may discover. The Contractor shall do no work without Dra wings , 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 Do cuments . 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 ne cessary 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 co nstru cted as limiting the right of any bidder to employee laborers, workmen or materialmen from outside local area . General Cond itions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation - - The Contractor shall at all times enforce strict discipline and good order a mong his employees , and shal l 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, Te xa s Go vern ment Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wa ge rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract documents. Penalty for Violation . A contractor or any sub contractor 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 Determinati on of Good Cause . On recei pt 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 51 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 writi ng 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 betwee n 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 Requ ired if Violation Not Resolved . An issue relating to an alleged violation of Section 2258 .023, Te xas Government Code, including a penalty owed to the City or an affected worker , shall be submitted to binding arbitration in accordance with the Te xas 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 Cm1tractor 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 Ta x. 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 Marion Sansom Park Shelter Renovation D-11 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract Docum ents. Th ese allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable ta xe s . The Contractor's handling costs on the site , labor , installation costs, overhead,· profit and other expenses contemp lated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct, but he will not be required to employ persons against whom he makes a reasonable objection . If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on ·the site, labor, installation costs, field overhead , profit and other direct expenses resulting to the Contractor from any increase over th e original all owa nce . D-12 SUPERINTENDENT: The Contractor shall employ a competent superintende nt and necessa ry 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 arid 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 Contra cto r shall be responsible to the Owner for the acts and omissions of a ll his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work und er a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work here in provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents , then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall excee d '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 va rious states of construction and shall be revised as required by the conditions of the Work, subject to the Architect's apr:,roval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and /or materials . The Contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's monthly progress payment requests . D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings , Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction . These shall also be available to the Architect. The Drawings , marked to record all changes made during construction, shall be delivered to the Owner upon completion of the Work . The Architect will prepare , and provide to the Owner, one complete set of reproducible record drawings of the Work . D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations , schedules, performance charts , brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. Samples are physical examples furnished by the Contractor to illustrate materials , equipment or workmanship, and to establish standards by which the Work will be judged . The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor , normally within the first 90 days of the work, six copies of all shop Drawings and Samples required by the Contract Documents or subsequently. by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified , or as the Architect may require . At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents . By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials , catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents . The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions . The· Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents . The Architect's approval of a separate item shall not indicate approval of an assembly in wh ich the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved . The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation The Architect's approval of Shop Dra wi ngs or Samples shall not re li eve the Contractor of responsibility for any deviation from the requirements of the Contra ct Documents un le ss the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given wr itten approval to the specific deviation . Architect's approval shall not relieve the Contractor from responsibility for errors or omi ssions in the Shop Drawings or Samples . No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances , permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work by the City Council of the City of Fort Worth, the entire site of the Work shall be under the exclusi ve control, care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever . The Contractor shall rebuild , repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance . D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may · required to make its several parts fit together properly, and shall not endanger any Work by cutting , excavating or otherwise altering the Work or any part of it. D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish . At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools , construction equipment, machinery and surplus materials , and shall clean all glass surfaces and leave the Work "Broom-clean " or its equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom-clean ", Contractor shall clean all glass , replace any broken glass, remove stains , spots , marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces , clean fixtures and wash all concrete, tile and terrazzo floors . If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-21 COMMUNICATIONS: As a general rule , the Contractor shall forward all communications to the Owner through the BCM . D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. The tenm Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen . E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the Work . Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If, prior to the award of the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award , withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, accept the bid or he may disqualify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute . The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect , unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub- subcontractors) which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights ; 2 . Require that such Work be performed in accordance with the requirements of the Contract Documents; General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation 3 . Requ ir e su bmission to the Co ntracto r of applications fo r payment und er each subcontract to which the Contracto r is a party, in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs, extensio ns of time , damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Con tracto r (via a ny Subcontractor or Sub-sub con tractor where appropriate) in the manner pro vided in the Con tract Do cuments for like claims by the Contractor upon the Owner ; 5. Waive all rig hts the contracting parties may have against one another for damages caused by fire or other perils covered by the property in su rance , except such rights, if any, as th ey may have to proceeds of such insurance held by the Owner , and, 6 . Obligate each Sub contra ctor specifically to co nsent to the pro vis ions of this Section All of the provisions set out in this sectio n sha ll be deemed to have bee n included in every subcontra ct, and every subcontract shall be so construed and ap pli ed as to the Owner and the Archite ct, whether or not such provisions are physically included in the sub- contract. E-4 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE): Should the base bid be les s than $25,000, the requirem ents of this section do not apply. General : In accordance wi th City of Fort Worth O rdi nance No 15530 (the "Ordinance"), the City of Fort W orth sets goals for the participatio n 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 Ordinan ce may be obtained from the Office of the City Secretary. Fa il ure 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 be ing considered non-responsive . During C9 nstruction : Contra cto r 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 s ubcontractors to the M/WBE Office and the Constructi on Manager. Contractor must provide the Ci ty with complete and accurate information regarding actual work perform ed 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 /o r initiating action und er appropriate federal, state, or local laws or ordinances relat ing 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 co mply with this ordinance where such non-compl iance constitutes a material breach of contract as stated herein , may result in the offerer being determined to be an irresponsible offerer 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 subcontra ct ors 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 opportunity to perform the work . Whenever a change order is $50,000 or more, the M/WBE Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall : 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the bid /proposal or during negotiation, without prior submission of the proper documentation for rev iew 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/s[!pplier 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 Insuran ce 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 lim its required of the Contractor by the City; or 2) the limits contained in the Contractor's standard subcontract or supply General Conditions for Facil ity Construction Lump Sum Contract Marion Sansom Park Shelter Renovation - agreements used on other projects of similar siz e and scope and withi n the Contractor's normal business practice with non- M/WBE subcontractor's/subcons ulta nt's or suppliers ; or 3. An MWBE 's failure to execu te the Co ntra cto r's stan dard subcontract form, if entering a subcontract is requi red by the Contra ctor in its normal course of business, unless such failure is due to : a) A cha nge in the amount of the previously agreed to bid or scope of work ; or b) The contract pre se nted provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month; or · c) Any !imitation being placed on the ability of the M/WBE to report violation s of the Ordinan ce o r any other ordinance or violations of any state or fede ral law o r other improprieties to the City or to provid e notice of any claim to the Contractor's surety co mpany or insurance company . d) Mediation shall be a consideration before the request for change is approved. 4 . An M/WBE defaults in the pe rformance of the executed subcontract. In thi s event, the Contracto r shall: a) Requ es t bids from all M/WBE su bcontractors previously sub mitti ng bids for the work, b) If reasonably practicable , request bids from previously non-bidd ing M/WBEs, and c) Pro vi de to the M/WBE office documentation of compliance with (a) and (b) above . 5 . Any reaso n found to be acceptable by the M/WBE Office in its sole discretion . Within ten days after fina l payment from the City the Contractor shall pro vide the M/WBE Office with documentation to refle ct final parti cipation of each subcontractor and supplier, including non-M/WBEs, used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontrac.tor, upon receipt of payment fro~ the Own e r, an amount equal to the percentage of completion allowed to the Contra cto r on account of such Subcontractor's Wo rk. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor , the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise ha ve been issued, for his Work to the extent completed, less the retained percentage . The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may , on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percenta ges of completion certified to the Contractor on account of Work done by such Subcontractors . Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or 0MB Circular A-110 , as appropriate. Each subcontractor must agree to comply wi th all applicable Federal, State, and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by _ the City, who is contained in the listing of contractors debarred, ineligible , suspended or indebted to the Un ited 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 properly executed Department of Labor Form WH-347 . General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maxim um extent possible. All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of $50,000 or more must submit a completed Standard Form 100 (Complian ce Report) by March 30 of each year. Subcontractors performing wo rk in areas covered by published goals for minorities will be requi red to repo rt monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs . If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results . Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice , settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense , and if any judgment against the Owner ari~es therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTIING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting , fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents . The Contractor shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works shall determine to be just. · SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal, State, and County and City Laws , Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used . He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances , Regulations , or Directives , whether by himself, his employees, agents or subcontractors . G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the 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 Marion Sansom Park Shelter Renovation - - The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction Manager weekly. Building, plumbing, electrical and mechanical building permits are issued without charge . Water and sewer tap , impact & access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence . In addition , Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees , from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury. damage or death is caused. in whole or in part, by the negligence or alleged negligence of Owner. its officers. servants. or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage , loss or destruction to property of the Owner arising from the perfonmance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner. its officers. servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment , final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The -Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto, their Successors or Assigns . Contractor shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITIEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended , or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000. The Contractor agrees, on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the fonm included in the Contract Documents , and such bonds shall be 100 percent of the total contract price , and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local, state and federal statutes. · To be an acceptable surety on the bond the name of the surety should be included on the current U. S. Treasury List of Acceptable Securities [Circular 570], and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized , accredited, or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same, the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is less than $25 ,000, payment shall be made in one lump sum 30 calendar days after completion and acceptance of the Work. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. · G-10 ROYAL TIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design , process or the product of a particular manufacturer or manufacturers is specified; however, if the General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation Contractor has reason to bel ieve that the design, process or product specified is an infringem en t of a patent, he shall be responsible 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. testing or approval. The Owner shall bear all costs of such inspection , tests and approvals unless otherwise provided. If after the commencement of the Work , the Owner determines that any work requires special inspection, testing or approval not included above , the Owner, upon written authorization from the Owner, wi ll instruct the Contractor to order such special inspection, testing or approval, and the Contracto r shall give notice as required in the preceding paragraph . If such special inspection or testing reveals a failure of the Work to comply (1.) with the requirements of the Contract Documents or (2) with respect to the performance of the Work, with Laws , Statutes, Charter, Ordinances , Regulations or Orders of any public authority having jurisdiction , the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shalrbear such costs, c;1nd 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 Marion Sansom Park Shelter Renovation - - - - 2. Place joints to relate to a ll opening and breaks in the structure a nd be symmetrically pla ced whereve r possib le. Th is incl udes heating reg isters, light fi xtures , equipment, etc . If beca use of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Con tractor shall request th e Ar chitect to determine the most satisfactory arrangement. The Contra cto r shall es tablish centerlines for all trades. G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all exis ting street and other improvem ents from damages . Contractor's operations shall be confined to the immediate vicinity of the new work and s hall not in any interfere with or obstruct the ingress or egress to and from existing ad jacen t facilities. Where ne w site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repai red and restored to its original condition at no cos t to the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract docum ents , whether expressly stated or not, that nothing containing hazardous materials , such as asbestos, shall be incorporated in to the project. The Contractor shall exercise every reasonab le precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirem ent. The Contractor shall verify that components containing lead do not contact the potable water supply . G-19 LOCATION DF EQUIPMENT AND PIPING: Drawing showing location-of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be brought to the Architect's attention immed ia te ly and the relocation determined in a joint conference . The Contracto r will be held responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items at his own expense if so directed by the Architect. Where possible, uniform margins are to be maintained between parallel lines and/or adjacent wall , floor or ceiling surfaces . G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by pl acing of materials , equipment, tools , machinery or any other item thereon . No loads shall be placed on floors or roofs before they have attained their pe rmanent and safe strength . G-21 MANUFACTURER'S INSTRUCTIONS : Where it is required in the Specifications that materials, products , process es, equipment, or the like be installed or applied in accordance with manufacturer's in structions , 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 instructio ns furnish ed by the manufacturer of the material concerned for use under conditions similar or those at the job site. Si x copies of such instructions shall be furnished to the Architect and his approval thereof obtained befo re work is begun . G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubb is h caused by employees or as a result of the Work . At completion of work, the General Contractor shall, immediately prior to final inspection of complete building , execute the following final cleaning work with tra ined janitorial personnel and with material methods recommended by the manufactures of install ed materials . 1. Sweep and buff resilient floors and base, and vacuum carpeting. 2 . Dust all metal and wood trim and si milar 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-resil ie nt materials . 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished . 8 . The exterior of the building, the grounds , approaches, equipment, sidewalks, streets , etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance . All paint surfaces shall be clean and unbroken , hardware shall be clean and polished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth . 9 . Clean all glass surfaces and mirrors .of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright, clean and polished. Cost of this cleaning work shall be borne by Contractor. General Cond itions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation 10 . Cleaning , polishing , scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to ind icate the required condition at the time of acceptance of all work under the Contract. 11. Burning : Burning of rubb ish on the premises will not be permitted . G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Archi tect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen . All scrap materials , rubbish and trash shall be removed daily from in and about the building and shall no t be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed . Where electric or gas welding or cutting work is done, interposed shields of incorrib\.Jstible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241 . However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction . G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line , parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT Final Inspection. Record Drawings : Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual: Sheets shall be 8 Yz" x 11 ", except pull out sheets may be neatly folded to 8 Yz "x 11 ". Manuals shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain : 1) Name, address and trade of all sub-contractors . 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative , for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control , fan , electrical panels , service entrance equipment and light fixtures . 4) Manufacturer's name, type, color designation for resilient floors, windows , doors, concrete block, paint, roofing, other materials. Submit six copies of Maintenance Manual, prior to request for final payment. Operational Inspection and Maintenance Instruction : The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start up . After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment. guarantees required by technical divisions of Specifications ?hall 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 Marion Sansom Park Shelter Renovation - warrantees, the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of final acceptance . The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear a ll 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 neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Do cum ents . The annotated documents sha ll be delivered to Architect. Where a choice of materials and /or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified a re permitted either by award of bidding items specified for that purpose , or by subs equent change to the drawings, the record drawings shall define the construction actually pro vided . The representation of such variations shall conform to standard drafting practice and sh a ll include supplementary notes , legends and details which may be necessary for legibility and clear portrayal of the actual constru ction. The record drawings shall indicate , in addition, the actual location of all sub-surface utility lines, average depth below the surface and other appurtenances . G-29 CONSTRUCTION FENCE: At the Contractor's option, he may provide a substantial chain -link construction fence around all or a part of the site : The fences and gates must be maintained throughout the construct ion period . Remove the f ences and gates upon completion of the Project and restore the site to the required original or contract condition . G-30 PRODUCT DELIVERY, STORAGE, HANDLING: The Contractor shall handle, store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and loss , including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation . G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE: Catalog , brand names , and manufacturer's references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered , Contractor shall inform the City of any substitutions intended for the proj ect 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 e_quipment. 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 add itional days assessed for failure to complete punch list items from the Final Inspection in a timely manner The Date of Commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete , in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended . Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager, and no other form of acceptance will be binding upon the Owner. A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday , regardless of whether a "Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of contract time shall be in accordance with this Section . Extensions of time will be as recommended by the BCM with final approval by City of Fort Worth. - A Working Day is defined as a calendar day , not including Saturdays, Sundays , and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period ·of not less than seven hours between 7:00 a .m. and 6:00 p.m . However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Legal holidays are defined as being New Year's Day, Independence Day , Labor Day, Thanksgiving Day, Christmas Day , Memorial Day, and Veteran's Day. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section . He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time . General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation 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 Con tractor's control , or by any cause which the Architect determines niay justify the delay, then the contr.act time may be extended by Change Order for such reasonab le time as recomm end ed by the Architect and approved by the Owne r. When the Contractor is delayed due to abnorma l weather conditions , the weather table provided as WT-1 in these Contract Documents shall be us ed as the basis for pro viding a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to th e Architect no more than fifteen days after the occurrence of the delay; otherwise they sha ll be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furn ished , 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 adju stment or any kind (other than the extensions of time provid ed 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 sa id 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 Schedu le of Values of the various portions of the Work, including quantities if requ ired 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 Own er , sha ll 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 mon th'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 va lue 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 Con tractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work , materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims , security interests or encumbrances hereinafter referred to as "liens "; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Paymen t", 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 Appl ication 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 Do cuments (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 co~pletion , and to any specific qualifications stated in the Certificate); and recommendations to the General Cond itions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation - - ..... Owner that the Contractor be paid in the amount certified. In addition , the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works. For contracts less than $400,000 , Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth . For contracts in excess of $400 ,000, the Owner will retain only 5% of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship . The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-6 PAYMENTS WITHHELD: The BCM may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections , may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims ; 3) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or equipment ; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor; 6) Reasonable indication that the Work will not be completed within the Contract Time; or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the Contractor fails to perform the Work in accordance with the specifications . 1-7 1-8 NOT USED LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,001 to $25 ,000 $ 63 $25,001 to $50,000 $105 $50,001 to $100 ,000 $154 $100,000 to $500,000 $210 $500,001 to $1 ,000,000 $315 $1 ,000 ,001 to $2 ,000 ,0ciO $420 $2 ,000,001 to $5,000,000 $630 $5 ,000,001 to $10,QOO ,OOO $840 over $10,000,000 $980 1-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the BCM should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received. 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet ill.! 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 Marion Sansom Park Shelter Renovation Certificate of Occupancy which will establish the Date of Substantial Completion. The Certifi cate of Fi nal Completion shall state the responsibilities of the Owner and the Contractor for ma intenance , heat, utilities , and insurance, shall set forth the remaining work as a "final punch li st". The Co ntra ctor sha ll complete the remaining work listed therein within 60 calendar days. When the Certificate of Occup a ncy has been issued , the retainage will be redu ced to 4 %. Upon completion of the work li sted on the final punch list to the satisfaction of the City of Fort Worth , the retainage may be reduced to2.5%. Should the Contractor fail to complete all contractual re q ui re ments of the con tract , including submittals and final pay request within the fixed time , the contract time will again commence. Should th e Contractor fail to complete the work with in the contract duration , liquid ated damages wi ll be assessed Upon recei pt of written notice that the Work is ready for final inspection , the City will conduct a joint inspection and certify completion of the final punch lis t by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to req uesting final payment: 1) Contractor 's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls , bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible , have been paid or otherwise satisfied , 2) Consent of Surety to Final Payment (G707), if any, to final payment, 3) Contractor's Affidavit of Release of Liens (G706A), and, 4) Other data establi s hing payment or satisfaction of all such obligations , such as receipts , releases , and waivers of lie ns arising out of the Contract, to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Iss uan ce of the Final Certificate of Substanti al Completion 8) Final acceptance by the City of Fort Worth . If any Subcontractor, materialman or laborer refuses to furn is h a Contractor's Affidavi t 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 wh ich might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made . The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees . The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor exce pt those previously made in writing and still unsettled . The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth . The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. Final payment and rel ease of the retainage amount will be come 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 ca le ndar days and unti l all requirements have been met, with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work . The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY:. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage , injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care , custody or control of the Contractor or any of his Subcontractors or Sub-contractors; and (3) Other property at the site or adjacent thereto , including trees , shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal , relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation - 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 pub lic authority having jurisdiction for the safety of persons or property or to protect them from damage , injury or loss . He shall erect and maintain , as required by existing conditions and progress of the Work, all reasonable safeguards ·for safety and protection , including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work , the c ·ontractor 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 anyone employed by him or for whose acts he may be liable , and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss . The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors . Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES: In any emergency affecting the safety of persons or property , the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen , City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot, stains, etc., as before the work was undertaken . J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements . If the Proposal requires, the Contractor shall include a per-unit cost for trench safety measures in his bid . If not included in the Proposal, the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K · INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured " on all policies except Worker's Compensation . K-2 WORKERS' COMPENSATION INSURANCE 1) General a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired . Contractor shall provide a copy of all such certificates to the Owner (City). c) By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions . General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation d) The Contractor's failure to comply with any of the se provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor doe s not remedy the breach within ten days after receipt of no t ice of breach from the City . 2) Definitions : a) Certificate of Coverage ("certificate"). A copy of a certifi ca te of insurance, a certificate of authority to self-insure issued by the Te xa s Workers' Compensation Comm ission, or a coverage agreement (TWCC-81 , TWCC-82 , TWCC-83 , or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project , for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City . c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the Contractor has underta ken to perform on the project , regardless of whether that person contracted directly with the Contractor and regard less of whether that person has employees. This includes, without limitation , independent contractors, subcontractors , leasing compan ies , motor carriers , owner-operators , employees of any such entity , or employees of any entity which furnishes persons to provide services on the project. "Services" include , without limitation , providing, hauling, or delivering equipment or materials, or providing labor, transportatioo, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors , office supply deliveries, and delivery of portable toilets . 3) Requirements a) The Contractor shall provide coverage, based on proper reporting of class ification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code , Section 401.011(44) for all employees of the Contractor providing services of the project, for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The Contractor shall obtain from each person providing services on a project, and provide to the City : i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice , in the text , form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage . h) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to : i) ii) iii) iv) v) vi) 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; 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; 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; 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; reta in all required certificates of coverage on file for the duration of the project and for one year thereafter. notify the City iri writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project; and General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation vii) co ntractually require each pe rso n with who m it contracts, to perform as required by paragraphs h-i ) -vii), with the certificates of cove rage to be provided to the person for whom th ey are pro viding services . 4) Posting of Requ ire d Worker's Compens atio n Co verage a) The Contractor shall post a notice on each project site informing all persons pro vi ding services on the project that they are required to be covered , and stating ho w a person may ve rify cu rrent cove rage and report failure to provide coverage. This notice does not sa tisfy other posting requirements imposed by the T exas Worker's Compensation Act or other Te xa s Worker's Compensation Comm issio n rules . This noti ce must be printed with a title in at least 30 point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population . The te xt for the notices shall be the following te xt , without a ny additional words or changes : "REQUIRED WORKER'S COMPENSATION COVERAGE The law re quires that each person wo rking on this site or providing services related to this construction project must be covered by worker's comp ensation insuran ce. This includes persons pro viding , haul ing , or delivering equipment or materials, or providing labor or transportation or other service related to the project , regardless of the identity of their employe r or status as an employee". · Call the T exa s Worker's Comp ensation Commission at 512-440-3789 to receive information on the legal requirement for coverage , to verify whether your employer has provided the req uired coverage, or to report an employer's failure to prov ide coverage ." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liab ility In sura nce as shall protect him , the City of Fort Worth and any Subcontractor performing work cov ered by this Contract, from claims of damage which may arise from operations under this Contract , including blasting , when blasting is done on, or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such ins urance shall be not less than the following : 1) Automobile Liability : $1,0 00,000 each accident or reasonably equivalent split lim its for bodily injury and property damage. Co verage 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. Co ve rage under the policy shall be as comprehensive as that pro vided in a current Insurance Services Office (ISO) policy form approved for use in Te xas and the policy shall have no exclusions by endorsement unless such are approved by the City . 3) Asbestos Abatement Liability Insurance : When the Project specifically requires the removal of Asbestos Containing Materials , the Contractor, or subcontractor performing the removal , shall be requ ired 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 liab ility 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, explosion, civic commotion, smoke, aircraft, land vehicles , vandalism, and mal ici ous misch ie f, at a limi t 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 insuran ce . 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) Appl icable 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 the ir financ ial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VU, 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 Marion Sansom Park Shelter Renovation 4) Deductible limits on insurance policies and /or self-insured retentions exceeding $10 ,000 require approval of the City of Fort Worth as respects this Contract. 5) The Cify of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation , non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be ava ilable for claims arising out of this Contract with the City of Fort Worth . 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein . 8) The City of Fort Worth shall be entitled, upon request and without incurring expense , to review the insurance policies including endorsements thereto and, at its discretion, to require proof of payment for policy premiums . 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein . 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth . 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors . SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions , deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents . A Change Order is a written order to the Contractor signed by the Contractor , Owner and the Architect, issued after the execution of the Contract, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City , shall be coordinated with the Director, Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways : 1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon; or 3) by cost and a mutually acceptable fixed or percentage fee . If none of the methods set forth herein above is agreed upon, the Contractor, provided he receives a Change Order, shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases , the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed change in scope of the work , Contractor shall process such proposal within seven days of receipt and return the price quote t6 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 Marion Sansom Park Shelter Renovation Contractor is advised that according to City of Fort Worth Charter , that , the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over $25 ,000 . Normal processing time for the City Staff to obtain City Council approval , once the recommended change order has been received at the City , is appro xi mately thirty days. Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule . If unit prices are stated in the Contract Documents or subsequently agreed upon , and if the quanti ties orig inally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor , the applicab le unit prices shall be equitably adjusted to prevent such hard s hip. If the Contractor claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Section A, (2) any order by the Architect or Own er to stop the Work pursuant to Section B, where the Contract was not at fault , or (3) any written order for a minor change in the Work, the Contractor shall ma ke such claim . L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an in c rea se in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a rea sonable time after the occurrence of the event that gave rise to such claim . This notice shall be given by the Contractor before proceeding to execute the Work , except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Sect ion J . No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim , if approved by the Owner, shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered , the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent (15 %). 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent (10%). L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents . Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract Documents, or which order minor changes in the Work without change in Contract Sum or Contract Time . The Contractor shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work shoul _d be covered contrary to the request of the Owner, it must be uncovered for observation and replaced, at the Contractor's expense . If any other work has been covered which the Owner has not specifically requested to observe prior to being covered , the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's additional service thereby made necessary. If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition . All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction . General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation If the Contractor does not remove such defective or non-conforming work within a reasonable time fi xe d by written notice from the Owner, the Owner may remove it and may store the materials or equipment at the ex pense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafte r, the Owner may upon ten additional days' written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor includ ing 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 defecti ve or non-conforming work, the Owner may correct it in accordance with Sectio n 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 prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate -reduction in the Contract Sum , or, if the amount is detenmined 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 perfonming any of the work under a contract with the Contractor, or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days' written notice to the Owner , terminate the Contract. N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency , of if the Contractor refuses ,-except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with al Laws, Statutes , Charter, Ordinances , Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Cont~act Documents , then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety , if any, seven (7) days ' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work , including compensation for the Architect's additional services. exceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a notice of tenmination specifying to what extent performance of the work of the contract is being tenminated an_d 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 tenmination . 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 tenmination 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 tenmination 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 requ ired 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 Marion Sansom Park Shelter Renovation SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shal l furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary fie ld 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 wea ther 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 conta in 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 req uired for his use. Location of sheds and trailers shall be as approved by the Own er. 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 at.Jtomatic telephone-answering device at the site office for the duration of the project. Contractor wil l 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. ele ctricity 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 , frequ encies, etc. will be available to the Contractor. Water. Pro vide 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 cond itioning system, pumps , and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed , in such areas and at such time that day-lighting is inadequate. Provide at least 0 .75 watts of incandescent lighting per squqr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps . In any event, the lighting intensity shall not be less than 5 foot candles in the vicin ity 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 prio r 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 Conditio ns for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation b) From the beginning of the application of drywall and during the setting and curing period , provide sufficient heat to produce a temperature in the spa ces involved of not less than 55 F. c) For a period of seven (7) days previous to the pla ci ng of interior finish materials and throughout the placing of finish painting , decorating and laying of re silient floor ing materials, provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION: The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging , scaffolding , hoisting equipment, rubbish chutes , ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. . Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors . The Contractor shall provide , maintain , and remove upon completion of the work , or sooner, if authorized by the Owner, all fences , barricades , lights, shoring , pedestrian walkways , temporary fire escapes , and other protective structures or devices necessary for the safety of workmen, City employees, equipment, the public and property . All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction, including insurance companies , with regards to safety precautions , operation and fire hazard . The Contractor shall provide and maintain pumping facilities , including power , for keeping the site, all times , whether from underground seepage, rainfall, drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so . If this is not feasible , maintain a night The Contractor shall provide and maintain all barricades or enclosures , required to protect the work in progress from outside elements , dusts , and other disturbances as a result of work under this Contract. Such protection shall be positive , shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified . P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish, install and maintain during the life of the project a weather- tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking . The bulletin board shall be mounted where and as approved by the Owner, in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the Contractor and shall be removed by him upon completion of the Contract work . The following information which will be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38). b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. c. Safety Posters . SECTION Q VENUE Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County, Texas. General Conditions for Facility Construction Lump Sum Contract Marion Sansom Park Shelter Renovation l~ J, CITY OF FORT WORTH , TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: This agreement made and entered into this the 14th day of June A.O., 2011, 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 RJM Contractors, Inc. of the City of Fort Worth County of Tarrant, State of Texas hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith , the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Marion Sansom Park Shelter Renovation 2501 Robert's Cut-off Road Fort Worth, Texas Project No. TPW2010-09 City Project# 01519 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools , appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. · The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work , and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be $167,000.00 and includes the base bid. Contractor agrees to complete the project, suitable for occupancy and beneficial use , within 76 calendar days. M arion Sanso m P ark Sh elter R enovation June 20 11 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: • $1,000,000 each accident • The policy shall cover any auto used in the course of the project d: BUILDER'S RISK OR INSTALLATION FLOATER: e. 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. EXCESS LIABILITY UMBRELLA • $1,000,000 each occurrence; $2,000,000 aggregate limit. Marion Sansom Park Shelter Renovation June 2011 • 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 oy insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors , should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102 , prior to commencement of work on the contracted project. c. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non- p~yment 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. Marion Sansom Park Shelter Renovation June 2011 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 coverageo.t maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report , in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the 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 Marion Sansom Park Shelter Renov ation June 2011 Contractor has executed this instrument through its duly authorized sl. ~\}-.( officers in ~ counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the &__day of _s:._l ...... tAc..>.. . .._n~-e~---A.O., 2011 . By: By: ~ By: RJM Contractors, Inc. Dougl W. Wiersig, PE, irector Transportation and Public Works Dougla c Assistant City Attorney Marion Sansom Park Shelter Renovation June 2011 By : By: M&C C-24968 June 14, 2011 Date OFFICIAL RECORD CITY SECRETA RY FT. WORTH , TX PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY: THESE PRESENTS: That we , (1) RJM Contractors, Inc., as Principal h ____________________ _,__ _____ , a corporation as surety, are hel and firmly bound unto the City of ort Worth , a municipal. corporation loca ted in Tarran and Denton Counties, Texas, ligee here in, in the amount of One .:..:.=.:...:.:.:...:.::::......:..:=i....=.:....:....::~....:...:..:==..:..=....==-=-==~o=-=C;..:e.:....:n=ts Dollars ($167,000.00) for the payment whereof, the said Principal and rety bind themselves and their heirs, executors, administrators , uccessors and a signs , jointly and severally, firmly by these presents: WHEREAS , the Principal has dated the 14th day of June , 2011 , whi contract is hereby referred to and made a part hereof as if fully and to the same e t as if copied at length , for the following project: Marion Sansom Park Shelter Ren tion 2501 Robert's Cut-Off Road Fort Worth Texas Pro·ect No .. TPW2010-09 NOW, THEREFORE, THE CONDIT N OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully ake payme t to each and every claimant (as defined in Chapter 2253, Texas Gover ment Code , as a ended) supplying labor or materials in the prosecution of the wor under the contract, then this obligation shall be void ; otherwise, to remain in full f rce and effect. PROVIDED , HOW ER, that this bond is exec ted pursuant to Chapter 2253 of the Texas Government ode, as amended, and all I bilities on this bond shall be determined in accordan e with the provisions of said stat te , to the same extent as if it were copied at length IN WITNESS HEREOF, the duly authorized repres ntatives of the Principal and the Surety have xecuted this instrument. M arion Sansom Park Shelter Re novatio n June 20 11 Bond Number: 75076239 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, (1) RJM Contractors, Inc., as Principal herein, and (2) _____ _ The Guarantee Company of North America USA a corporation organized under the laws of the State of (3) _M_ic_hi-=ga_n ____ _ 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 Tarra1:1t and Denton Counties, Texas, Obligee herein, in the sum of One Hundred Sixty-Seven Thousand Dollars and No Cents Dollars ($167,000.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, ~uccessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered _into a certain written contract with the Obligee dated the 14th day of June. 2011, a copy of wh_ich is attached hereto and made a part hereof for all purposes. for the · renovation of the Marion Sansom Park Shelter Renovation, 2501 Robert's .Cut-Off Road, Fort Worth, Texas, Project No. TPW2010-09, City Project.# 01519. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in ·accordance with the . plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obliges for all outlay and expense that Obligee may incur in .. making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined In accordance with the provisions of such statute, to the same extent as .if it_ were GOpied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. Marion Sansom Park Shelter Renovation June 2011 :1 I I I J 1 .I ., ,, I .J I j I ( I r r r: --- SIGNED and SEALED this _2_1_s_t __ day of __ J_un_e ______ , 2011. ATTEST: (P~ -. ., (SE AL) , -- RJM Contractors, Inc. Title: ?~1'"7~ _ ___,_"'" _________ _ Address: 3629 Lovell Avenue Fort Worth, Texas 76107 l~-<7\-·; .... ·-·= ~ ·.. : - . --:.,',,,_: -.. _ .:.--~--'-;;.. __ ~ _________ _ ' t ' [ ·----. ..__ Vitness as to Principal ATTEST: Secretary (SE AL) ~fn~!~o~~~~>&JtN Andriana M. Gonzales , Bond Adm in . The Guarantee Company of North America USA SURETY /0 1 By:. ~jµrL- Name: John W . Schuler ---------~,;;__ __ Attorney in Fact ... -, ·- Address: 6351 Preston Rd., St 11,s --Frisco , Texas 7.5034 Telephone Number: B00-365-6065 "'NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of ·incorporation of Surety Telepho·ne 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. Marion Sansom P ark Shelter Renovation June 2011 THE STA TE OF TEXAS COUNTY OF TARRANT PAYMENT BOND § Bond Number: 75076239 § KNOW ALL BY THESE PRESENTS: § That we, (1) RJM Contractors, Inc., as Principal herein, and (2) I The Guarantee Company of North America USA , a corporation organized and existing under the laws of the State of (3) _M_ic_h_ig_an ____ _ as surety, are held and firmly bound unto the City of Fort Worth, a municipal. corporation located in Tarrant and Denton Counties, Texas, Obliges herein, in the amount of One . . Hundred Sfxty-Sev~n Thousand Dollars and No Cents l;)ollars ($167,000.00) for the payment whereof, the . said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly ·by these presents: WHEREAS, the Principal has entered into a certain writt~n contract with the Obligee dated the_14th day of June, 2011, which contract is hereby referred to·and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Marion Sansom Park Shelter Renovation, 2501 · Robert's Cut-Off Road,-Fort Worth, Texas, Project No .. TPW2010-09, City Project# 01519. NOW, THEREFORE, rHE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as .arrJended) supplying labor or materials in the prosecution of the work under the co~tract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursu~nt to Chapter 2253 of the · Texas Gov~minent Code, as amended, and all liabilities on this bond shall qe determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herei~. IN WITNESS WHEREOF, the duly autho~ized representatives of the Principal and the Surety have executed this instrument. ·Marion Sansom Park Shelter Renovation ·June2011 'I I :1 :1 .I :1 J :I SIGNED and SEALED this _2_1s_t __ day of __ J_u_ne ______ , 2011. ATTEST: ~>/~ (Priipal)$e6retary (SE AL)' -.,. Witness as to Principal ATTEST: Secretary (SE AL) -~~~s ~S ~~ ""Andriana M. Gonzales, Bond Admin. RJM Contractors , Inc. By:_~~~--~~--=------'-- Name: :g_if ;nt'~C-~ . ~ Title: 2h esr-t(!a,/7 Address: 3629 Lovell Avenue Fort Worth, Texas 76107 The Guarantee Company of North America USA :~RE~~ Name: John W. Schuler Attorney in Fact ,.. r -· /,. Address: 6351 Preston .Rd., Ste 1 ts Frisco, Texas 75034 ---- Telephone Number: 800-365-6065 NOTE: (1) Correct name of Principal (Contractor). (2) Gorre.ct na~e of Surety. (3) State of incorporation of Surety Telephone number of surety must be · stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date_ of bond shall not be prio_r to date of Contract. Marion Sansom Park Shelter Renovation June 2011 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY Bond Number: 75076239 KNOW ALL BY THESE PRESENTS : That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan , having its principal office in Southfield , Michigan, does hereby constitute and appoint John W. Schuler, Lanny W. Land, Tom Mulanax, Stephen Smith Time Insurance Agency, Inc. its true and lawful attomey(s)-in-fact to execute , seal and deliver for and on its behalf as surety , any and all bonds and undertakings , contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute , rule , regulation , contract or otherwise . The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes , as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office . The Power of Attorney is executed and may be certified so, and may be revoked , pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 •1 day of December, 2003 . The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority : 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company , and attach the Seal of the Company thereto , bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2 . To revoke , at any time, any such Attorney-in-fact and revoke the authority given , except as provided below 3 . In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31 •• day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed . STATE OF MICHIGAN County of Oakland IN WITNESS WHEREOF , THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2"" day of June , 2010 . THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Ruschak, Vice President Randall Musselman, Secretary On this 2nd day of June, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn , said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland IN WITNESS WHEREOF , I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written . My Commission Expires February 27, 2012 Acting in Oakland County I, Randall Musselman , Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WIT~ES SWH ER~Of:., I have thereunto set my hand and attached the seal of sa id Company this 21st day of June 2011 .,,. Randall Musselman, Secretary Texas Consumer Notice 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent at ; 3 You may call The Guarantee Company of North America USA 's toll-free telephone number for information or to make a complaint at: 1-866-328-0567 Ext 1040 4 You may also write to The Guarantee Company of North America USA at: 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Web: www.gcna.com E-mail: Info@ gcna.com Fax: 1-248-750-0431 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin , TX 78714-91 04 Fax: (512) 475-1771 Web: http://www.tdi .state.tx.us E-mail: ConsumerProtection@tdi.state.tx. us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. A VISO IMPORT ANTE Para obtener informacion o para someter una q ueja: Puede comunicarse con su agent al Usted puede Ilamar al numero de telefono gratis de The Guarantee Company of North America USA 's para informacion o para someter una queja al : 1 -866-328-0567 Ext 1040 Usted tambien puede escribir a to The Guarantee Company of North America USA: 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Web: www.gcna.com E-mail : Info@ gcna.com Fax: 1-248-750-0431 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1 \-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin , TX 78714-91 04 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) (Ia compania) (agente o Ia compania) primero. Si no se resuelve Ia disputa, puede entonces comunicarse con el departamento (TD I). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adj unto. 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: Marion Sansom Park Shelter Renovation 2501 Robert's Cut-off Road Fort Worth, Texas Project No. TPW2010-09 RJM Contractors, Inc. City Project# 01519 . Date ST ATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of Texas (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. Marion Sansom Park Shelter Renovation June 201 1 _ ____.., 4' ..___ t--------------4' -----------; r ----1~ •i"LfORT WORTH t 1 .. . 4 ~-~ ' ~ ~ ---------------f---3• 3·-{_,___Project Title---.- ~ 4· 1a· -:t=:::===-::------::--:-Architect: ~======~:::;'--1. 2a"-_Architects Name [_~ 1 ••• 1a· -:t====-~-----:-Contractor: ~----=====1=[ 2a"-+---Contractors Name ~:i. 1" -+--~-----FUNDED BY · t ~" -(List Bond Fund, etc) 1a· -= SCHEDULE COMPLETION DATE_ . -1· 1~ .. -YEAR _____ _ \.. / f. R1~" TYP . FONTS: FORT WORTH LOGO IN CHEL TINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH • PMS 288 • BLUE LONGHORN LOGO • PMS 725 -BROWN LETTERING -PMS 288 • BLUE BACKGROUND • WHITE BORDER -BLUE 1~"TYP. j PROJECT DESIGNATION SIGN CITY OF FORT WORTH -CONSTRUCTION STANDARD DRAWING NO. 1.-V -I DATE: