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Home My WebLink About025185 - Construction-Related - Contract - Custom Services7 �� CITY SECRETARY a�./ � ,�.� ' CONTRACT NO , F / ��o�r0a J SPECIFICATIONS FOR ` �� d REPLACE ENCLOSURE PANEL� �,�� - °". oor� HOODS ON ROOF TOP UNI� AMON G. CARTER EXHIBIT HALL WILL ROGERS MEMORIAL CENTER � Q � � �� _ _ — . � Q��..■�r ,��,.�r �-- 0 KENNETH BARR ►il:�i[�� :•: __ �:_ , CITY MANAGER 1 0 �J a � � TRANSPORTATION AND PUBLIC WORKS PUBLIC EVENTS DEPARTMENT DECEMBER 1997 C1��6C�o�� G��GU�e1,� �O�l ��c��;IG� v� f�, �GG'�b, ��o , Rug I7 99 10:25a TPW aAUG-�7-99 TUE 06:57 AM CUSTOM SERVICES From:1�'ik� Matl�ews Et7-E71-E488 io: C1iH Fi4clur Datr. E/16/9�! Tlm�: t1:54:55 � , FoRT'�o� � � -- �.,� � � lil L�J L�! August 4, 1999 Clifford Fischer, President/Owner Custom Services 800 rock Creek Red Oak, TX 75454 �ax: 972-617-04fl2 RE: Enclosure Paneis and Hoods on Root Top Units Arnon G, Carter Memo�ial Center Wiil RQgers Memorial Cenfer (Revisedj Dear Mr. Fischer: . 817-8?1-8488 p,z 214 617 A402 P.A1 Pap� 2 e12 � � Please con�rm yot�r agreement fo pe�form the above Contract at the price bid, $11,970 � with a contract time ef catendar days. 1n addition autho�ize the City to ugdate the dates on the contract to a current date. _ � please slgn belaw and fax back to me at your earliest opportunity. I think it wlil take about two weeks to get the contract signed sa we can re�ease-you [o order i! �a !�uv�5. L� I � � �i l l have m�iled you anot�er spec book taday. S�ncerely, Mike Mathews, PE Chief, Architectural Services Section ! agt�e to exece�te tt�e contract in accordanc� with my bid of January 29, 't 998, and to update the dates on the contracts to a current date. � � " C � ord Fischer � Presidentl4wne� Custom Services � � � �� t5ate �`, � �tANSPORTATION A?�D PUBLIC �VORK$ DEPARTMENT $UILDIT:G SERVICES DR+ISIQN. ARCH[TECTUR.�I. SERVICES`S6C1'[ON 3409 Harley r1va. ' Fort Wocth, TX 76107 817-S�t-S'��FaxFt'..•�1-3sS8 � L=J D �� . MBce M�hews 817-871-82T4 To: Linda taylor LI L� i � �� 1 � � O �� L�� L�J � � '�1 � Ll TPW, Fort Wafh, VIfRMC, Enclosuro Parxis, Add 1 ` 1 of t, 1I22/98, t18:15:4D CITY OF FORT WORTH TRANSPORTATIQN RND PUBLIC Wt�RKS DEPARTMEIVT ADDENDUM N0.1 REPLACE ENCLOSURE PANELS AND HOODS ON ROOF 70P UNITS AMON CARTER EXHI8IT HAlL W1LL ROGERS MEMORIAL CENTER Bid Opening Oate: January29, 4998 �Postponed one week) The Cantract Documents and Specifications for the above referenced project are hereby revised and amended as foltows: NOTICE TO BIDDERS � - In the third paragraph, change "49 roof top exhaust fan top panels" to read "31 roof top exhaust fan top panels" Rcknowledge the receipt of tliis ad�dendGm on your Proposal. a, H. A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS By: %�� Mike Mathews, P.E., Chief, Architectural Services - RELEABE DATE: January 22, 1998 LJ� a . 0 � � Q a � Q D �� a 0 0 a a 0 0 a NOTICE TO BIDDERS Seated bids to REPLACE ENCLOSURE PANELS AND HOODS ON ROOF TOP UNITS AMON G. CARTER EXHIBITS BUILDING, Will Rogers Memorial Center, Fort Worth, will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76102, until 1:30 P.M., January 22,1998, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. A Pre-Bid Conference and walk through witl be held at 3:00 PM, Tuesday, .fanuary 6,1998, at the Main Entrance on the West side of the Amon G. Carter Exhibit Hall. The Project consists of replacing 49 roof top exhaust fan top panels and 26 outside air intake hoods, all damaged by hail. For contracts in excess of $25,000, Contractors will be required to post a Payment Bond. Contractors will be required to provide Contractors General Liability and Statutory Workers Compensa6on coverage. Plans, specifications and contract documents for this project will be available at the Department of Engineering Plans Desk, City Hall, in return for a$30 deposit. For additional information contact Mike Mathews, 871-8274. .Ad�rertisement: December 11, 1997 y �� Y December 16, 1997 _ _ NTB-1 � � a � a � D � � Y - � � � a� 0 �� '��l IL� NOTtCE TO BIDDERS TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS PROPOSAL GENERAL CONDITIONS WEATHER TABLE SUPPLEMENTARY CONDITtONS WAGE RATES CONTRACT PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSAT�ON LAW SI�"� �LAN � ` _ -- . _ _ TABLE OF CONTENTS � TOC-1 NTB-1 TOC-1 ITB-1 to ITB-3 P-1 to P-3 GC-1 to GC - 41 WT-1 SC-1 to SC-9 C-1 to C-2 � CI � �J L�J �� ;''' � '�, i� LJ L�J L�J L�J INSTRUCTIONS TO BIDDERS 1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the responsiveness of a Proposal: •�The Proposal Form provided in the Project Manuaf must be used. Do not remove the proposa[ form from the Project Manual • Entries on the Proposal Form may be handwritten or typed • If contract duration is not specified, it must be written in • All Addendums must be acknowledged on the Proposal Form • The Proposa! must be signed by a Principal • A bid deposit of 5% must be enclosed. This can be in the form of a cashiers check or standard bid bond. Personal checks are not acceptable. Note Project Name on the check or bid bond. 2. 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. The Bid Security must accompany the bid and is subject to forfeit fin 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 49 calendar days of receipt of bids, unless an extension is agreed to by the Bidder. 3. PAYMENT BOND AND PERFORMANCE BOND: 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. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both 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 Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U. S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any � bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the contractor shall immediately provide a new surety 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. 12/03/97 ITB - 1 i 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 ciaimants supplying labor and materials in the prosecution of the work If the contract amount is in excess of $100,000, a Performance Bond shall be executed, 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. 4. BOND SURETY: Preferred sureties for bonds required for the project are included on the current U. S. Depa�tment of the Treasury - Fiscal Service list of companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies (Circular 570); and, the limit of a bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Surety must be admitted to do business in the state and have capital and surplus equal to ten times the limit of the bond or any amount in excess of the ten percent limit must be reinsured by a company or companies duly authorized, accredited or trusteed to do business in this state. Should any surety for the contracted project be determined unsatisfactory at any time during Project The Contractor shall immediately provide a new surety bond satisfactory to the City. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner, and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. Each bond shall be properly executed by both the Contractor and Surety Company. 5. PRE-BID SITE INVESTIGATION: Prior to filing a bid, the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy himself 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 bid by the bidder shall be considered evidence that he 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 established by the City of Fort Worth, Texas, and set forth in Contract Documents, must be paid on this project. 8. POST BID - PREAWARD SUBMITfALS: Bidders will be required to submit the following information to the Project Manager within five business days subsequent to bid opening (Normally Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: Experience Record Proposed Subcontractors and Equipment Assurance of Insurability for Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS AND EQUIPMENT: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors or the equipment selection. The Subcontractor and Proposed Equipment lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide the equipment and use subcontractors listed unless requested or allowed to substitute by the City. ITB-2 12/03/97 D . a . � � � � Q � � .. � � � 10. DISCREPANCIES AND ADDENDA Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to their meaning, he shall notify the City at once and, if required, the City will then prepare a written addendum which will be available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Bidders. The Contractor is responsible for determining if addendums are available and for securing copies prior to submitting a proposal. Oral instructions or decisions, unless confirmed by addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda will cause Proposal to be ruted non-responsive. 11. MINORITYNVOMENS SUSINESS ENTERPRISE (MMBE): WAIVED 12. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening in order to be considered for award. 13. 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. 14. PERMITS: 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 work location. 15. CONTRACT DURATION: Time is of the essence. City will evaluate the bids based upon construction cost and stated bid period of time for construction. Where time is proposed by the Bidder, the City will evaluate the City's program needs in determining the acceptability of the proposed contract duration. The City reserves the right to award the contract upon those terms considered by the City to be in its best interests. 16. PLAN DEPOSIT: The City will deposit plan deposit checks to its account two weeks following receipt of bids. Plans must be returned by all except the apparent low bidder prior to that time. Contractor forfeits his deposit after that time. � 17. ADJUSTMENT OF QUANTITIES: Where unit prices and estimated quantities are used to compute the contract amount, the Owner may increase the quantities by an amount that is 20% of the total cost for that section. Unit prices for adjustments to unit quantities in excess to 20°/a may be negotiated at the request of either party. u � � � I■1 18. 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. If bidding other than reference specifications, the bid must show manufacturer, model numbers, and complete technical descriptions. For all items other than reference specifications and equivalent products listed in each section, a full size sample will be required for review at a Fort Worth location within 14 calendar days of receipt of bid. .. �.. 12/03/97 ITB - 3 L=J � �I� � T0: �] '� � I■I I■1 � !� �� I,� L�J I� PROPOSAL DO NOT REMOVE FROM PROJECT MANUAL MR. BOB TERRELL - CITY MANAGER CITY OF FORT WORTH, TEXAS FOR: REPLACE ENCLOSURE PANELS AND HOODS ON ROOF TOP UNITS WILL ROGERS EXHIBIT HALL WILL ROGERS MEMORIAL CENTER Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and fumish all labor, equipment and materials necessary to fuily complete all the work as provided in the pians 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 Performance and Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS BID SC1i1�ISt111R11?Ei�t1N WORDS Replace panels, intakes and louvers as specified. �_L�h ��0 ri �Y %� �l-� P � �` 1��i.� �,�.� o� ,� �'.o v o �-�- �i 6t. �� I�o �'�i�,7�' Dollars/LS $ �� `� ��• �� The undersigned agrees to complete the Work within 60 calendar days after the date of Notice to Proceed. � The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. � The undersigned assures that its employees and applicants for employment and those of any � labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). . L�J � � � Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-residenYs 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 P-1 I�I � � of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. � u Non-resident vendors in (give state), our principal piace of business, are required to be percent lawer than resident bidders by state law. �J Non-resident vendors in (give state), are not required to a underbid resident bidders. � Our principal place of business or corporate offices are in the State of Texas. � � � C� � �� CI'' ��'� � LJ Within ten ('t0) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver an approved Surety Bond for e faithful pertor nce of this contact The attached deposit check in the sum of � Dollars ($ Qd is to become the properly of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): WAIVED Respectfully submitted, By: /,rCR�: (Seal) Date: G.�" G�S',7`o�-t _�'�.� v, c.P s Company N e -/ . si ai / f��a� ��.�� Printed Name of Principal f��-% l�-�/r`C" �� P� Street . . ,� ��. �' c�ry Phone: ��ol �l% .?� 92 . <a�/o�'�� Title � �L %� �% �'/S � Zip Fax: %`�i� �!% ��% 2 Receipt is acknowledged of the foll wing addenda: � . Addendum No. 1 Addendum No. 3: � �•I � Addendum No. 2 Addendum No. 4: P-2 L�J a D � � � � U U � Q � d-1 Contract Documeatc. 8y the term CoAtract Documento �s �aeant sll of. the vrttten and dra�ra document� setting forth or.affecting tbe rights of the.parties, iacluding but not necezzarily being iimited to,- the Contract, Notice to Bidders, Proposal, Ceaeral Coaditions� Special Condi�tions, Specificatioaa, Plans, Bonds and all Addenda, Ameadments zigned by �I1 Parties, Change-Orders� arittea�Interpretatioas issued b7 the Architect pursuaat to Paragraph A:2 ind aaq Writtea Order for i niinor change in Lhe Work issued pursuaat to�Paragraph Tr3 hereof. � Entire A�reement. The Contract Documentz represeat the.eatire agree- ment between•the� Parties, and no prior or contempornneous,` oral or written agreemeat�, iastruments or negotiations shall be coastrued as �altering the terms and�effectz of the Contract Documents.-After being executed. the Coatract Documents caa be changed oa2y by a�rritten Amendment sigaed by the Contractor and the Owner, or Change'Order, or by a Writtea Order for a miAor change issued by the Architect, as set �out. in-�Section�-_I.:-he�r-eta.�-:-�• w -�! � 4 - • _ � A-3 Stork. By the term Xork is meant all labor, supervisioa, materials and equipment necessary to be used or incorporated ia order to produce the construction required bq the Contract Documents. � . A-4 Execution of the�Contract Documents. The Contract Documents sball be executed in six or.igina2z by the Contractor and t�he Owner in such for�n as.maq be prescribed by laa. � - -. A-S Familiarity S�Tith Proposed Xork. Before filiag a bid, the bidder shall � - examine.carefully�the proposal, plans, specifications, special pro- visioas, �nd the form of contract to be entered iato for the uork contempiatcd. iie shall examiae the site of �rork aad aatisfy himself az - to the conditions Which aill be encountered relating to the charscter. � � quality and quantity�of aork to be perforned and azaterialc to be furnished. The filing of s bid by the bidder shall be considered evidence that he has complied With these requirements dnd t�as accepted Dthe site as suitable for the Work. • ' : Claims for additionai compensation due to.vnriations betweea coa- � aitions actualiy eacountered in construction,and as indicated by the plans will not be alioWed. � �� 1� A-6 Oae Unified Contract. Insofar as possible, the Contract Documentt �rill be bound together and executed as a sing2e unified Coatract, the inteatioa of the Co�itract Documeate beiag to provide for all labor� supervision, aiaterials� equipment .aAd other items necessary for tt�e proper execution and completion of the Kork. Kords which bave aell recognized technical or trade meanings are uscd herein ia accordance aith such recognized meanings. ' � REVISED 9/30/87 0 GENERAL COIIDITIOHS OF ?HE CONTRACT FOR COHSTRUCTION SECTION A DEFIKITIONS, PROCEDURES AND IttTERPRETATIONS A-2 JUN 2 0 1994 � GC-1 � A-7 pivislon of Work.. The arrangeme� Oivistons, Sections, A�ticles, or upon the contractor in dividi�g the q-g j�t��retations. The A�chitect will furn�ish such I�terpretations of the Plans and Specifications as may.be .necessary.fo� .the p�oper execution or progress of the work. Such Interpretations sha'11 be furnished.at�the instance•af the Architect or at tfie reqaest of the Cont�actor, or Owne�. and �rill be issued with reasonable promptness and at su�h times and in accordance with such schedule as may.be ag�eed upon. Snch.Inte�pretations . shail be consistent , with the purposes and� i�tent af ttre Ptans �and Specifications nanad o� bh effected by Field Order. In the event of a�y dispute betwee y t e parties to the Contract and the A�chitect�or each other invo�ving the interpretation of Lhe Contract Documents, the evaluation � oi wark ar materials perfoc�med or furnished by the .Architect ContracLo�, or aay subcos�tractor'or materiaZman, or involving any'question of fault or iiabi�ity of aay pa�ty, the decision of the Owne� st�a�l be final and binding. . ..._ . t of Orawings and/or Specific�tions ioto other Subdivisions shall not be binQing � wock among SubconLracto�s or Trades. In the •event of i�consistency in the cont�act documents, the�follorr�ng sequence fo� interpretation sha11 be�used in order of precedence: Change Orders and/or fie�d O�ders (by date of. issua�ce); Addenda (by date �of issuance); Orawings; Notes and dime�sions on Drawings; Technical Specifications;'Specia� Provisions; Snpplementary Gen�rai Conditions; General Conditions; and, Construction.Contract. A-9 �o�ies of W�rkl'na �rawina.� and- ,�ecifications. The A�chitect t�rill furnish •�o Contractor free of charge I5 sets of worki�nq �Orawings and 15 sets of Specificatio�s. Contractor shall pay the cost of reproduction ior all-other copies of Orawings and Spec�fications furnished to�him. All Orawi�gs, Speciiications and coptes thereof furnished by the OHrne� o� . the Architect are and shall remairi the property of tfie Owctier. They are not to be used on any other�p�oject and, with the exception of one Contract set �� for each Party to the.Contract; are to be �eturned to Lhe�O�mer on request � at the completion of.the work. . � .� - A-10 �i sadvantaaeA Susi ness Ent�.�ori sP P�l i�. The City of Fo�t North has goal s for the participation of disadvantaged� busi�ess. enterprise •in� City : � contracts• Complia�ce with the policies designed. to meet,�these goals is mandato�y.in orde� to be considered responsive bidders. The City policy and procedures to be followed i� submitting bids is'iacluded as Attachme�t A to the proposai Section of these Contract Oocuments. � � SECTION B IOENiIiY 0� ARCHI?£CT g-1 putips ef tfi�lrc.hitg�,. T�e Architect ia this Contract shali be •. As used herein, the tercn Architect means the arcteitect or h�s autt►orized represenLative. Nothi�g co�tained.in th�se _ Gc -2- �I � LJ LJ � fiJ � � � �� I � �u � �l L:J L�' �J � ,lUN 2 0 t994 � � L�J L�! � � �I L� I � LJ � l�J Contract Documents shsll create sny privity of Co�tract betv�en the Arct�itect aad tbe Coacractor. E-2 Architect ss Representative of the Ovner, Ihe Archit�et xill provide general administrstioa of the CoAtract on�behalf of the Ovaer sad vill �:ve authority to act as tbe repr�tentet ive of the Ovnez to the extent provided ia the Coatr:sct Docameat� unless efisnged in:vriting by Lhe O�rcier. ilie Architect vill be svailsble for coafereace's aad con- sultatioas �rith the Ovner or the Contractor it �11 reasoaabk times. B-3 � Acce:z to Job Site. T1ze Arcbitect :h:Il at all time: have acce:s to �Lhe �iork ahanever it is in preparstion and progress. . 1he Contractor sball prov£de facilities for suct� access so the Architect may perform its a:sigred functions under the Contract Documents. 1�e Architect Will �ake periodic vi�its to the..Site to familiarize himself With the progress aAd quality of the vork.. aad 'to determinc if the Work is proceeding in tccordance vith tbe�Coniract document:. On the basis of oa-sitn ob=ervatioA�. the Architect will keep Lhe Ovner informed of the progress of the Work aad vill eadcavor Lo gvard the Owner against defects and deficiencies ia the Work of the Coatractor. Bated•�upoa tuch obcervations :nd Lhe Coatraetor'c applic:tion: for piyments, the Archit�ct vill make determinationt aad recom�endatioas concerning the amounts oaing :to tbe Contractor and vill i:tue certificates for paymerit amounts in accordance with the provisionc of Par:graph Z-4. � � 8-4 Interpretations. The Architect xill be, in the firrt ia=tanee, the iaterpreter of the requirements of the Pians and Specificstions and the judge of the perforcnaace thereunder by the .Contractor, :ubject to Lhe fiaal decisioa of the Ovaer. .- The Artt�itect�'s decioioas ia matters �relating to sriistic effect vill be final�if consiztent vith the inteat of tfie Contract Documents. � �� R] LJ LJ � 8-S AuthoritY to Stop Work. It�e Architect srill have authority to reject Work vhich does .not conform to the Plans and Specificatioa�. In addition. �heriever, in its rea�onable opinion, the Architect coasider: it qece�cary or sdvicable in order to iasure the proper realitation of the �iatent of the' Plaas snd Sp�cifications, the Architect vill bave authorit7 to require the Contractor Lo 'stop the Work or aay portion thereof. or to require specisl in�pection or tcsting of ti�e Work as �provided.in Paragraph C-8 vhether or not such �iork�be then fabricated, fnctalled or completed. '. � � • E-6 -Hiscellsneouc Duties of Arebiteet. .Shop DraviA�. I�►e Architect Will review Shop Draving� and Sample: st provided io Sect ion D. _ Zko copies . of .each , approved Shop Dravirg and submittsls aill be provided to the Oymer by ti�e �Architect. ChaaRe Orders. Change Orders and Orders for Hinor Ct�anges ia the Work Will be issued by 'tbe O�raer through tbe ArchiLect �-ia �ccordance �rith tfie provi:ioas of Section L. •� �' �' CC-3 �UN 2 0� 1994 � �araateec. Zt�e Architecc vill receive on behalf of • the Ovner all �rritten (� arantees and related documeatc requircd of thc Contractor. IIpoa com- pletioa of the project the coatractor sha12 provide the Architect five copies of each guarantee. Zt�e Architect Will provide three copie: of each guarantee to the O�mer. Inspections. �' Y'he Architect srill conduct inspectioas for the purpose of determiaing and making his recommeadatioAs coacerniag the d:te: of substantial co�apletioa aad fiasl completioa. Operatioa and Haintenance Hanuals, The Architect Will receive on behalf� of tl�e Ovnez, �ix copies'of alI applicable .equipn►ent inetal2ation� � operation, and maintenance brochures and �:aanuals reqaired of the Contzactor.'�Zt�e.Architect vill provide three copiec of thie infonaation to the oxner. B-7 Termination of the Architect. Ia csre of the termination of the employment of the Architect by tfie Ovner, the Ovnez chall either � asrume the duties, of� the Arcfiicect through the Director of the �epartmeat of Transportation and Public Works� or shall' appoiat�a succecsor Architect against vhom the Contractor makec no reasoneble � ob}ectioa. , . SECTION C O�IN£R C-1 Ideatification. 8y the tena O�mer is meant the City of Fort uorth scting herein by it� auiy suthorized repreoentativet in the manner provi8ed by lay. Avthorized�representatives includt�the Citr Hanager�. Assictant City Hanager, the Director .and Accistaat Director of Transportation and Public Korkc and �nember: of the Construction Engine�rinR Division. Cenerallp speaking a designated representntive vill be• identified from Within the. Con�truction EngineerinR Division• to act �s a point of coatect for dap to� dsy contrsct administratioa. � C-2 D�tiec of the Ovner. Tine Ovaer sh:ll furni:h curveys describing the physical characterirtics, legal limits and uti2it7 locationt for the site of the Work; proqided, hoWever� that .the Coatrartor hereby covenants. tfiat he has inapected the premises snd fnailiariLed himself thereviih and that the loc�tion: of utilities a�ad other. obctaciet to the procecution o� the Kork as shovn . oa the Otiraer's survey sre for. informatioa oaly�.are rot binding upon tbe Owner, and the O�raer-shsll eot incur any .,liabilty for lo�� or damsge by virtue of a�y iniccureciee�or deficiencies in tuch ourveys. �he Oucier s�►all secure snd pay for title .to the site �ead a11 neces:ary permanent or construction es�ecnents. l�e O�mer vill cooperate aith tbe Coatractor in the pro�ecutioa of �the Kork in.such mann�r aad to sucb exteat a� �may be reaioaable and shall furaish�iaform:tioa under it� coatrol vith reesonable promptaeas •t the reque�t of the Contractor. . ,lUN 2 0 � t994 CC-4 � L�J � 1�1 � IJ LJ u L� I� .� � � � �!! l�i .LJ � i� � C-3 Instructions. 1�e Osmer shall issue all instrvction� to the Contractor througt� thc Architect. C-4 Access to Job Site. 1iu OWner shall at tIl tiraes have acceas to the Work Whenever it ia ia preparation and progress. Zhe Contractoz shall provide facilities for -such aecesa •o the OWner maq perform ita assigned funct�ions under the Contract Doceunents. . - C-5 Pro resz _In�pectiona. 1he Owner �rili make periodic visit� to the Site to �amiliarize hi.�nself aith the progress snd qualitp of the S�ozk and to determine if the �rork is proceediag £n accord:nce vith the Contract docucneats. On the basis of on-site bbservations and reports provided bq the Archicect coacerning the progress and quality of the wrk, the Oanez Will npprove and authorize the Contractor'a applicatioaa for paymeate ia amounts according to the provisions of Paragr:ph I-l+. C-5 Authority to Stop Work. Zhe O4mer will have autt►ority to reject• orork �+hich does not co�form to the Plana nnd Specif'icstions. Slhenever� in its reasonable opinion, the Owner coneiders it necessary or advicable in order to iasure the proper realizatioa of the intent of the Plans ' and Specificatioas, the Owner .will hsve authoritq to require the Contractor to stop the SZork ar aay portion thereof� or to require - special ins�eeti��..,�t,�ct.��g, o.�,�he WorS� a� provided ia Para�rapfi G-8 whether or not cuch t�ork be then fabricated,� insta��e� or c'oanplete3. C-7 Substantial Completion Inspection. Upoa agreem�nt of the Conrractor and Architect t4�at the Sdor�c is substantiallp camplete, the Oc�mer wiil schedule a Substantial Cocapletion Inspection to be coaducted by the Architect and attended bq �represeatatives of the Architect, Oaner aad Contractor. items s�rhich are identified duriag this iaspectioa as being iacoraplete, defective or deficient shall be incorporated into t punch lizt to be prepared by the Atchitect and attaat�ed to the AIA docu�aent G104, which is to be prepared and signed by the Architcct, agreed to and signed by the Contractor, and accepted� spproved sad signed by the Oaner. Prior to ttie request for subatantial coropletioa iaspectioa, the Coatractor must meet all provisionr of Para. G-21. - SECTION D COHTRACTOEt D--1 Identificet�on. The Contractor ia the .percon .or organization identified s� euch ia the Contract. Zt�e tercn Contractor meana the Conttactor or his authorized representative. D-2 Reviecr of Contract Doc�aaents. The Contractor ehall csrefully atudy and cocapare the Agreemeat, Conditiona of the Coatract, Dra�rings, Specifications, Addeada nnd•modifications and ahsll at once report to the Owner and to the Architcct any error, inconsistency or anisaion he may aizcover. Zhe Contractor shall do no work withovt Drawinge, � �. Specifications or Interpretations. D-3 Supervision. Tbe Contractor shall supervire :nd direct the Work, using his best aki12 and attention. Ae chall be colely responaibte for GC-5 �u� Z o 1s�4 .•. D-3 a1I constructioa means. methods, techniquet, sequences and pzocedures and for coordinatiag.all portions of the Kork under the Contract Docuanentt. D-4 �.abor and Matexinls. Vn2ess othexxise tpecifical2q noted, the Contractor shall provide aad paT for all l�bor. materialr. equipmeat. toolz. construction equipmeat and machfaerj. Water. heat. utilitfes. tzansportstian aad other fscilities and services necessarr for the proper execution and completioa of the Work. : The successful lo�r bidder xill uce its reasoaable bezt ef�orts to hire 2oca1 laborert. workmen and materialmea. The general coaditioa is aot to be conrtructed as limiting the right of nnT bidder to emplo7ee laborezt, Workmen or materialmea from outside local area. � .The Contractor shall at all timec eaforce ctrict discipline and good order among his employees.. and shall not" emploq on the Xork any unfit person or anyone not skilled in the ta'sk assigned to him. �---�- � D-S Prevailin¢ Wa¢e Rate. The Contractor .�►grees to pa�r not lecc than the generel prevailing rate of per diem Weges for titork of a similnr character in the locality in which the Xork it performed. and aot lecs than the geueral prevailing wage of per diem wages for a legal holiday and overtime Work. to n11 laborers. Workmen and mechanics emploped oa the Xork under this. Contract. The Contractor ugrees to pay at least the atinimum Wage per � hour for all labor as the =dme. is classified and set out by the Citr of Fort Worth; Texas. a copp of �rhich is attached hereto and made a part �hereof the s�ne as if it were�copies verbatim herein. � D-6 Warraritv. The Coatractor warrants to the Owaer and the Architect that all u�aterials and equipment furnished uader this Contract aill� be new nn2esz otberwise specified. and that all work Will be of good qualfty, free from faults and defects. and ia confosiaance Wfth the Contract Documents. All �rork not so conforaaing to these standards may be considered defective. If required bq the Architect or the Owner. the Contractor zha11 furaish satfsfa�tory evidence az to the kind and qualit� of .meterials and equipment. The warranty provided in this Section zhall be in addition to and ant in limitation of any other Warrant��or remedy provided�bp lda or the Contract Documents. ' D_7'' a e. The Contractor is exempt from Lin�fted Salet. 8xcite and tise Tax. D-8 Licenses. Not��es� and Fees. The Contractor shall obtain alI Pern�its, . Liceases. Certificates. and Intpectiont. Whether permaneat or temporar�r. required by lax or thece Contract Documentz. No permit feez shall be required for thiz �rork. • . - - . - The Contractor zhall give dIl Noticec and compi� �rith aIi Laws. Ordinancet. ' Rules. Regulationz aad Orderc of an� public authorftq .�� Rev. 4-90 JUN 2 0 t994 � I� � L�J � l�! L�� LJ u � � L� � Lil � lwJ � IJ � L' bearing� on the ptrformaace of the �Tork. If the Contractor observet or becomes :vare that any of the Contract Documeots sre at vsriaace thereWith ia :ny respect,. he shall promptly notify tbe Architect in �rriting tnd aay .nece�siry chRnges vill be o�de a� provid�d in p�rsgrsp� A-2. If the Coatrsctor perform� anY itork knoviab that it i: ia violatioa of. or contrary to, any of svcb Lsv�. Statutest Cl�arter� prdi�aaces, Order�� or �Directives, or Regvistioas vixbout furnishing ttotice to the Architect� the Contrector Will s::umc full res- pontibility therefor :ad bear all costs �ttribatable tt�ereto. D-9 Cash Allasr�ocei. The Coatractor.shall include in the CoaLract Sum sll allovancet st:ted ia the Contr�ct Doccunents. Itse�c,allousnces shall � covet the net cost of the materia2s and 'equipmeat delivered ind un- loaded at tbe site; �tnc] ali app2icabl.e taxes. 3t�e Coatractor's baadl- ing costs on the zite, labor, in�tallation coste. overhead, profit and other expeaces contemplated for the origiaal allovanct -shall be in- cluded ia ��the Contract Sum and aot ia tt�e � tllovaace: Itie Contrsctor sha21 csuse �the uork coverea by th�ese allovances ��o be per€ormed for such amountz and by sucli perrons as Lhe Arebittct may direct, bvt he . Will �ot be required to emvioy percoaz against �+ham he makes a reaion- nble objectioa. If the cost, vhen detercnined, is more than or lesz than the allovance� the Coatract Sum sh�ll be �►djusted accordingly by Ch:nge Order vt�ich Will include sdditioAa�_ �iaa¢ling coats on the �site, labor, incC'a'�-�itias�--�l:�:L�; �u��tsead, ' prof�C and ofher expcaces � result- ing to the Contractor from aay increase over the origiaal a1loWance. D-10 Superiatende�st. �e Contrsctor. eh:Il emp2oy a comp�tent saperinten- dent sad necesssry aaaizisntt vho shsll be iu sttendaace at the � project site dur�iag the progrese of the Kork. The superintendeat shall be satisfactory. to tfie Archit�ct and the ° Ormer and shs1L not be . changed except'vith their concent; unles: the superiatendent proves to be un=atisfactozy.to the �Contractor and ceste� to be in his employ. � �he superintendent ahsll� reprecent the CoAtia.etor. e�d all com- . anunication= Eiven to the tuperintendeat sb:ll be ss binding as if given to the Contractor. Iaaportant communicRtions vi21 be confirmed in vritiag. Oti�er coc►a�unic'atians uill b� so confirmed on �+rittea reque�t ia each cate. . D-11 Respoasibility for EmploYees and Sub-Coutractors. fie Contractor sbsll be responsible.to the O�mer for the acts and omi:sions of ala fi is employees and alI Sub�-coAtractors� their agents aAd employets� aad tll othe.r Qersoao performing any of the Work.vnder �e contract vieh the Contrnctot. ' D-12 P�ro�,recs Schedule.` Zttie Contr�ctor. imsaediate2y �fter being ss�arded the conts�ct, �hsll prepare aad submit for the Architect's spproval� a+n eotimated�progress scbedule for the Work.. Tfie progress schedule st�all be related to the entire Project to tht �xtent required by the Coatract Documents•. xh it schedule •shall iadic�te the detes for the starting and completion of Lhe variou� st�ges of construction and sball be reviced ss requ£red br tbe coadiLiou� of the Xork, subject to �'the �Archittct'� approval. It st�al! ai�o it�dfcate the dates for eub- . miesion and �approvel. of shop �drav£ngs tnd submittals as �+ell at the delivery schedule for`m:jor piecee of equipcae�t sn6jor msterisis. �uN 2 0 �994 cc-� r� 1'he progre:s tractor and Coatraccor's schedule �hall be updated at lea�t submitted to the Architect for nonthly progres: paymeat requests. saonthly by the coa- �pproval vith the D-13 Dravia��s and Specifieatione at the Site. Ti�e Contractor shall asain- tain at the �ite for the O�+c�tr ont copy of all Drsuinge, Specifica- tioni, Add�nQa. approved Shap� Dravings� Change Ordert, and their Change: aad 1�cen8ments in good order aad msrked to recoFd tll changes made duria= constructioA. ihese shall alto be avaitable to the Arcfiitect. Ihe-Drsviaas. �marked to record aIl changes made during con:tructioa, ahall be delivered to the Arcbitect upoa completion of ' �' the Kork, and the Architect vill prtpsre, and provide to the O�mer, � one complete set. of reproducible a�: built draWings.of �the vork. D-14 Shop DravinR: snd Samp2es. Shop Dravings ,��e.draviags� diagrims. illustratioa:, •chedu2�s, performance chart�. brochuies and otbez dat: vhich 'are prepared by the Contractor or any Suacontraetoc� e�anufac- turer, supplier or dietributor, and vhich iliu:trstc some portion of the Work. ' Sample: are phXsic:2 exnnples furnished by the Contzactor to illu:trate msterials, �quipment or Wo�kmaachip� and co e:tablich atandsrdt by vhich tbe Work vi21 be judged,. The Contractoc chell reviev, itamp.aith his approval and submit, vith reasonable promptnets and in orderlp,sequence so :s te caute no delsy iA th� Stork or ia the vork of any ot�er' contrictor, aormsllr vit�hin the fir�t 90 day: of the �rork. tix �copies of all Shop DraWing: and � Sample:� required by the Contract Documeats or subsequently by the Architect ss covered by ct�anges or smendmeats. Shop Drsving: and Samples sbsll be proper�y ideatified ss tpecified�:.or ass the Arcl�itect may requirt. At the t imt of sabmi:sioa the Contractor thsll . iniorm tl�e Architcct in vriting of ary deviation in the Shop Dr:Wings � or Sample• from the requiTements of Lhe Contract Documents. - 8y approving and submittiing Shop Orawings and Samples, the Contractor thsreby represants• that he has determfned �and verified all field � cneasureuaents, field coc�structio� criteria. materials, catalog �uoabers and sia�ilar dat�. and that he has cfiecked and coordinated each shop - draafng given in the Contract Documents. ihe Architect•s approval of ' a separate item shall �ot indicate approval of an assembly in which the iteaa functions. • . � ' The�Architect vill reviev and approve Shop Drswiags tnd� &amples vit� rea�onablt promptae:s so at to cause no Qelay. but : only for coaformaace vich the design concept of the Project snd �►ith the . infosYa:tioa givea iA the Contract Docutaents. The Architect<< spprovsl of a �epsrste item �hall aot indicete approval of sn assembly in vi�ich the item functioa�. � �� , The Contrector��shall make aay carrectioas•required b7 the Architect ' and �t�all recubmit the required nusaber of corrected :copies :of �-Shop . Driviag� or nev Saeaple� until epproved. 1iu Contractor �hall direct specific attentioa ia vriting or on resubmitted Shop DreWiags to cc-s JUN 2 0 1�4 � � � �J � � �I � � I� lJ l;J lJ �� LJ L*� �I�' � �7 L! � � � L�' revicions other than the corrections rcque�ted by the Architect on previous cubmitcionc. The Archittct'• tpproval of Shop Drsvings or Samplec shsll aot zelieve the Cortractor of re:poncib£lit7 for any deviatioa from cfie requitements of the Contract Documeats unless the Contractor hac iAfora�ed the Architecc in �rritiag of sucb deviation• at the timc of enbmis�ian tnd the Architect has �given �critt�a approvsl to the specific deviatioa as authoriLed in Paragraph A-2� no� shall Lhe Architect's spproval relieve the Coatractor fraat recpon:ibility for errors or omissions ia the Shop Dr�vingc or Samples. _ Ho porLion af the Work requiring a. Shop Draving� or Sample �ubmi�sion � sball be eammeaced uniil Lhe submissioa haz b�en approvea by the AYchitect. All such portiont of the� �tork shell be in accordance .vith approved Shop Dravingc and S�mpleo. _._. � � � ' � � � D � a � � � a D-15 Site Uce. Ihe �Contractor shall confine operatipns at Lhe eite to . areas peraaitted by laW. ordinences, penaits and the Contract Documents and sha12 not i�areaconably encucaber the site vith any materiilr or equipment. tinti2 acceptance of the �rork by the City Coaacil of the City of Fort Korth, the entire cite of tbe Work shall be under the � ex�l�,cive coatrol, c��,� and�._�s,�cpoacibiiitp of the. Co�r�se�trr. �Contractor sh all take every precaution ag:inst injury or dsmage to persons or propertq by the action of the elements or from sny other caute vhatsoever. i�e Contractor cha12 rebvild, repair, restore and make good at his o�+n expense all injuriec or damagea to triy portioas of �the Xork occscioned by any of the above,� esused before itc completioa and :cceptance. . D-16 CuttinR and PntchinR of Work. 1%e Coatractor ch:ll do alI cuttirg, f itting.or patching of his Work that may be required to mske its several parts fit � together properly, :nd chxll aot endanger �ay t�ork by cvtting, excsvatiAg or othe n+ise altering the Xork or any part of it. • ' D-17 Clennin� Up. Tt�e Contr:ctor at a11 timet shall keep the prtmi�es free from accumulation of �racte mnterialc or rubbist�. At the completion of tha Work he c2��11 remove all hiz Waste c�sterials ind� rubbi:h from and abaut the Pr�aject a� �►ell ss e11 hia tools� conctructioa eqviptnent, saachinery and eurplus msterials, aad shall c2ean all glscz surface� �nd Ieave the itork �`broom-clean" or £ts equivslent, exc�pt as otherwite spccif£ed. Ia adaitioa to ranoval of rubbish md leaving . the buildiags "broom-clean"� Contractor eh�ll elean a�l gle�� repltce aay�brokea glass, remove stain:. spots. mark� aad dirt �from decorated vork, clean hardvare, remove paint spoto and cmear� fraa sll �urfacet, clean fixturez and�aash sll concrete� tilt,aad ttrraLzo floors. If the•Contractor fails to clean up. the OKaer �aay%da �o sad the cost thereof shall be tihsrged to .the Cantractor• at provided ia Parsgraph C-6. �� _9 1UK 2 0 t994 � `' � D-18 Communicstiont. As a gener�l rule� the Contractor shall foru:rd all c aamunicetioas to the Owner through the Architect, �nd in a11 other instincet tfie Contractor shall furnish the Architect a copy of any communication seat directly to ttie O�rner. D-19 Contrsctor's Re�port.ibility foY DamaRe Claims. Contractor coven�aL: and a�rees to. and does hereby iademnify. hold hirmle:s �md defend Ouner, its officers� Rgeats, servtni� sad employees, from aad egai�:t �aay aad ell claims or suits for property dsmage or lo�s and/or personal iajnry� including desth, ta say and �all per:ons, of ahatsoever kiad or chsracter, vhether real or as:erted, sri:iAg out of or ia coAnection vith, directly or indirectly, the Work snd services to be performed hereunder by Contractor, its officer�; agents, ecnployeeo, contrectors, subcontractars, lic�n�eer or inv'stees. uhether or not csnsed� in �hole or ia part, by allcged.aegligeac� on the part of officeri, agents, servants. ea►ploy�ee, contracto�rs� tesbcontractort� licentee� and iaviteeo of Lh� O�met; aad said Contractoz does hertby covenant and agree to asaume sl! liability tnd rerponsibility of O�mer, itt officer:, agents, servants �and �aployees for property d atnage oY Iose� aadjor personal iajvries, including death, to aay tnd alI persons of �ri�atsoever kiad or chsracter, �ri�►ether rea2 or �«erted � nriring out of or ia connectioA With,. d'srectly or indirectly, Lhe vork and services to be performed hereunder �by Contr�ctor, its officers� ' agents, �mployee:� concractors, subcoatractors, liceoaeet ' and invitees,. �r'hether or not c:used. in Whole or ia partt by alleged negligence of officers, sgeat�s. :ervants, employees, contrtctors, sub contraccors, licen�eec or inviteea ,of� the O�rner. Contractor li�euise covenants and agrees Lo� aad doet hereby, indemnifp and hold har�nlets O�mer fram aad against any an3 all injuriec, loct or damages to propertp of the O+mer during the perforsnance of aay of the t�nac aad conditions of this Coatrsct, vhether aris£ag out of or iri connectfoa vith.oz resulting from, ia vhole or ia part� any and all aileged acts or omissiona of officers, agents, servant�, employce:, contractos:. subcontractors, liceaaas, or iavitees of the Ovner. Ia the event a vritten claim for damages ngai�n�t tt►e Contractor or its aubcontractors recnainc untettled �►t the time. all vork on the �project has be�a co�npleted to the sntisfaction . of the Dir�ctor of the Transportation.�end Public Works Deparcment, :e evidenced by a final �A6pCCt�OA� final paytment� to the Contractor shail not be recommended by the Director of the Traaeporistion ss�d Public Works Department for a period of 30 daya a£ter the date of such finsl inepection� unlesc the Contractor shall submit �rritcen evidence .satisfactory to the Director that the claim has been settled and a rele:ce t�as been obtained itom the claimant iavolved. . Although the claim concerned remain: unsettled�at the expirstion of the above 30-�day period� the �Coatractor may be deemed to be entitled to a semi-fiaal pay�nent for �+ork completed, tuch semi-fiasl payment to be in an smoiust eqval to ttie total do2lar aaount tfien due le�s the dollar va2ue' of any vritten claim: pendiug against �the Coatrtctor arising out of the performanct of snch vork� and such semi-finai payment may thea be recocnmended by the Director. L4J L3J � � � � � � i�J' � L� C;� �, � � � L1 cc-io .lUN 2 0 t994 � � � LfJ � L�J L^l fw1 � L�, � L�'� � u �� l�J L., �' � � .� i �e DiYectot s�all not recom�mend `final payment to a Coatractor againct �rttiecn such a cleim for damages is ontstaaQinb for a period af �ix months folloving the date of the accepttnce of the �rork performed unlese the Contrsctor submits evidence in �rriting �ati�factory to the Director th:t: (1) The claim baa b�en settled and a te2ea�a ha• been obt:in�d from the claimant involved-, or � � (2i Cood fsith efforts have b eea mdde to settle�such out:taading claims. sad such good faith efforts have failed. If condition (l� above is met at sny time vithin the :ix month period. the Director :hsll recommend that th�e final p:yment to the Contractor b e made. If condition (2) above i� met at aay time vithia the tix month period, th� Directoz may recommend that��tbe��inal payment to the Contractor be made. At �the expiration of tfie six toonth period the DiYe,ctor msy recoa�mend that final payment be �nade if all other �ork has been performed .and all other obligati�oas of ti�e Contractor have beea roet to the ratisfaction of the Director. . Tt�e Airector may, if he deems it appropri:te� refu=e to accept bidc.on . other �raacport�tioa and Public ttorke Department Coatract aork from a Coatrsctor agsinst vhooi a claim for d amages ie ontstandiag ss a result of vork performed uader s City contract. D-20 Brokerin Conctruction Contracts. Zhe. contrtctor shall _perform at leaat �S� of the specified uozk in these contract doc'�uaeAt: uoing his � o�+n zkil2ed emplopeec and laborers. �e contractor �ball inclnde en itemized li:tiag of construction activit.ie: to be performed eAtirely or �partially by his empioyees :� part of �his :ct�edule of valu�o� . , required in accordance aith Section I-2 of� thesa General Coaditions. MonthlY progrecs payiaent requests submitted by Lhe Caatractor will �f urther document t�at the�contractor it meeting his requirement. No more thari 75x.of the eonstruction contract amouat may be cubcontracted to other firms�. � � SECTION E, S UBCO?tTRACTORS E-1 Definition. A Subcontrictor 'is s persoa or organization wt�o fias a direct contract aith the Coatractor to perform any of the Xork et the. site. �'he term Subcontractor is referred to tl�roughout the Contrsct Documeats a: if siagular ia number sad maeculine iu gender :n6 eoeans : Subcontractor or his authorited repreaentative. � ttothing contained ia the• Contract 'Documeats, shall cteate aay contrsctual reletion betveen the Q�caer or the Architect and Rny Svb-contractor or any of his Sub-subcontrsctors or Haterialenen. E-2 Awnrd of Subcontrscts�. Aa part of his bid propocal the bidder •b�11 furnish a list of the nemes of the subcontractor: or other percoar or ' orgaaizations tiac2uding ; tt�ose vha �re to furni�h materials or cc-�� ' J�SN 2 0 t99�� 0 0 equipmeat fabricated to a �peciat design) propo�ed for tuch portions of the Work ac rosy b� de�ignated in Lhe biddiab requiremeats, or if none is .so designated, the namec of the Subeoatractors propoced for the principal portioas .of the Work. Prior to the avard of t�e Contract, the Architect ihall aotify the successful bidder in �rriting if either the Ouner or Architect. after Que investiaetion, hao reasonable objection to any per�oa or orSanisatio� oa �uch li�t. Failure of the Owner and Architect to m:ke an objection to any per:on or orgaaization on tfie list prioz to the �ard of this Contraci shall coastitute•acceptance of �uch persoa or orgaAisatioa. . �If, prior to the avard of the Contract, the Ovner or Architect bat an' objectioa to any person or organizstioa on tuch lict. and zefu:es to accept such perroa or orgsnization� the sppartnt lov bidder may, Drior to the award, Withdrsv hi: bid vithout forfeiture of bid 6ecurity. If euch bidder submits en acceptable substitute.vith an inczesse in his b id price tn cover� the difference in cott occnsioned by :uch substitution. the Otimer, may at its ditcreLioa� accepi the increaced b id �price or he max ditqualify the bid.' If, ifter the aWard, the Ovner or Architect object� in �rriting to �ny person or organizatioa on auch. list, the Contr:ctor chall �ubmit aa acceptable substitute and� the Contract Sum sh:ll be incressed or decreaced by the difference in cost occaeiaaed by cucfi eubstitution�and a.n sppropriate Change Order 6ha11 be istued•; .ho�ever� no increase ia the Contract Sum shall be ¢11oWed for aay tuch cub:titntion unless Lhe Contractor has acted promptly and recponsively in submitting a aame with respect tt�ereto prior to the avard. . �� " ". The Contractor �t�all aot contract vith any Sabcoatrictor or sny pertoa or organization proposed for portioat of the Kork designated in the b'iddiag requirercentc or, if none ie so �designated�� vith� any Subcontrsctor propoced for the principal portion� of the Kork, vho i�i= not beea accepted�by .the Ovaer and the� Architect. Zhe Contzactor vill aot be required to contract vith arip cubcontractor or perton or organization egaiatt �fiom he hat a reasonab'le objection. The Contractor �hall not make any or percon or organizatioa vho hae Architect. un2ecs the cubcti[utioa tbe Architect. substitutioa for any Subcontractor � beea accepted by the Ovner snd the � ic alto acceptable to the O4mer u�d E-3 Terms of Subcontracts. AI1 Work performed for the Contractor by a Subcontr:ctor ehsll be pur:ua�t .to. aa appropriate agreement betWeen the Coatractor and the Sabcontractor Cand �rh�re appropriate betaeen . Subcontractora snd Sab-tubcontractor�) vhich chall contain proqision� that: (a) pre�erve aad protect the rights of the O�mer snd the Architect under the Contract vith re:pect to•the Work to be pea�formed under the. tubcontract so that the subcontracting tbereof vill aot prejudice such right�; � CC-12 suN z o j99a �� L�! � � CI'� CII � L�J �� I �l � l^J C � � �I�� l�� LJ LJ u ''� � .-: Zt�e DirectoT ahsll not r�commend "fiaal p�yment to a Coatractoc againct �rhocn such a cleim for dsmages is outstandins far s perio8 of six months following the date of the acceptance of the vork performed anlese the Contrsctor subm£Ls evideace in �rriting satiifactory to the Directoz that: (i) �e c2ai�t h�� b�en seLtled and t telea�e �a: beea obt:ined from thc clsimsnt iuvolve8�� or _ � (2) Cood faith efforts have beea made to settle�such out�tandiag claimt, snd such good faith �fforts have failed. If condition (1) :bove is met at any time vithin the :ix month period. the Director :hall reco�taend that tlie finai p�yment to the Contractor b e made. If condition (2) above is met tt any time vithin the cix month period, the Director may recomsaend that=-the ��ins1 paysaent Lo the Contractor be made. At �the expiration of the six moath p�riod the Director may r�co�maend th'st final payment be made if all other vork h as beea performed .:nd all othcr obligat'ions of the Contractor have been toet to the satisfactioa of the Director. . � Z� e Director may, if he deems it appropri:te� refuse to accept bidc.on other Trsnsportation aad Public uorkc Department Contract vork from a Contractor again�t vhaa a claim for d amages is out�tsndiag as a result of vork p�rformed under s City contract. D-20 Srokerin Coactruction Contracts. The coatractor �hall .perform at least 25� of the epecified vozk in these cortract documeat: ncing his oWn zkilled employeec and laborers. Zhe coc�tractor thall include sn itemized li:ting of construction activit.ie� to be performed eatirely or �partiallY by� his �mployees :r psrt of�hi� �cbedule of va2u�e, . , required ia accordence aith Sectioa I-2 of� tl�ese Cener�l Conditions. Monthly progreas payoneat reque�ts aubmitted by tt�e Contractor vill �f urthet Qocument tt�at the�coatractor i� meetiAg hi: requirement. No more thari 75X of the conccruction contract amouat may be.subcontracted to other fir�as. � � SECTIOK E, S ITBCOtiTRACTORS E-1 Definition. A SubconLrictot `is a person oc organization aho fias a direct contrsct xith the CoAtractor to perform as�y of the Stork at the. site. The term Subcontrector i• referred to throughout thc Contract Documents •s if siAgu2ar ia number end macculine ia geader aad aseana a Subcontrictor or his authori�ed representetive. . ttoihing contained ia the Contzact Docuuseats. shall create tny contractual r�lation betv�en the O�c�aer or the Rrchitect and sny Sub-�contrector or any of his Sub-iabcontr:ctors or Ksterialmen. E-2 Averd of Subcontracts. Aa part of his bid propocel the bidder �hsll furnish a list of the aemes of the •ubcontractort or other persons or ' organitations (inciusiag ,those v'ha are to furai�h materials or �-�� uH 2 o s9s�� 0 � equipment fabricated to a special decign) propo�ed for tuch portions of the Xork ae mty be de�ignated in the bidding requirements, or if noae is .so desigaated, the names of the Subcontractors proposed for the principal portioas of the Kork. Prior to the svard of the Contract, the Architeci shall aotify the succes:ful bidder ia tirriting if either the O�nser o� Architect. after Que investiaatioa, has reasoaable objectioa to any person or orsanisatioa on euch li:t. Failure of the OWtier aad Architect to make sn objectioa to any per:on or orgariizstion oa the list prior to the rvsrd of this Contraci shall conctitute�acceptaace of :ach persoa or orgaaization. . �If, prior to tbe svard of the Contract. Lhe O�+ner or Architect his an' objectioa to any persoa or organiz:tioa on :uch Iist, and refu:e: to eccept sucb person or organiaation, the apparent loW bidder mnq� �rior to the avard, WithdraW his bid vithout forfeiture of bid secarity. If cuch bidder submits an acceptable substitute.vith �a inczeaae ia his b id price tn cover� tbe aifference in cost occnrioned by s�ch subrtitution. the Ormer, may �t its ditcretioa� ;accept the increaced b id �price or he may ditqualify the bid.� Yf� after the award� the 0*mer or Architect object: in �rriting to any percon or organization on �uch. list, the Contraetor chall tubmit aa acceptable subttitute nnd� the Coatrect Sum shall be increased or decreaced by the difference in cost occacioned by such •ubtti�tution�and an appropriate Change Ordez 6ha11 be issued•; .boaever,; ao increase ia the Coatract Sucn shall be ¢lloWed for any tuch cub:titutioa unless the Contractor hac acted promptly and responsively ia eubmitting a name with respect thereto prior to the avard. . �• � � '. ?he Contractor ahali not contract vith any Sabcontrictor or aay perton or organization proposed for portioac of the Kork designated in the bi�dding requirerc�ntt or, if aone io so �designated� ' vitb � any Subcontractor proposed for the principal portioas of tt�e Kork, vho has not been accepted by .Lhe O�+aer end the Architect. Zfie ConLractor vill not be r�quired to contract vith any eubcontractor or perton or org�nization agaiast �fiom t�e hat s reasonable objection. The Contractor zhall not make any or percon or orgsnizatioa vho hac Architect, unless the eubctitutioa the Architect. substitution for aay Subcontr:ctor � .� been accepted bq Lhe Ocmer :nd Lhe � ic aico neceptable to the O�mer snd E-3 Terms of Subcontracts. All aork performed for the Contractor by a Subcontractor chall be pur�usnt .to. an appropriste agreement betveen the Contractor and the Subcontractor Cand �rhere appropriate betaeen , Subcontractorc :ad Sab-�ubcontractor�i vhich cha12 contsin provisionc that: � (a) precerve and protect the rights of the Ovner and the Architect under the Contract vith re�pect to•the �tork to be performed uader the •ubcontract so that tbe sabcontracting thereof vill not prejudice such sigt�t:; � cc-i2 JUN � 0 1994 � � � �� I�� LJ � !si C l!J L�J L�J L� 1 l�! L� �I �� ,�. � l � (b) r�quise thac such Work be performed in •ccordence vith the requirements of the Contract Documentt; (c) r�quire submissioa to the Contractor of �pplicaLioat for p:ymeat under �ach eubcoatract to vhich the Contcactor i: a . p:rty, ia reaconable time to enable the Contractor to apply for payment ia accordance vith Sectioa I; '• (d) require that all cla�ms foz additionsl costs, ezteasions of tisae� dffiages� for delsy� or otberuiie vith re�pect ta subcontracted portions of the Work shall be submitted to the Cantractor (via aay Subcoatrictor. or Sub-sabcontractor vhere appropriate) ia the m�nne_ r fl.rovided in the � Contract Documeats for like.clai� by the .Coatractor upoa tiie Otimer; (e? vaive all rightr the contractiag parties. may�have againct � oae another for damager caused by fire�or other perils covered by the property. ineurence dei�ribed ia Sectiod 1C� except �such rights, �if �aay, ai they may �iave to proceed: of such insurence. held by ti�� Ouner under Sectioa 1C; aad, (f) obligate each Subcontractor :pecificalip to c�nseat to'the provisions of this Section E. � � � All of the provisions set out in thi� paragrapt� shall be deemed to have been included in every sub--contract,� and every sub-contract shill be so conttrued � and applied res to the �Ocmer snd the Architect,. vtiether or not �uch provisions are physically inclu3ed in tbe aub=coatract. E-4 Pay�ents to Subcoatractors. � The Contractor shall pap each Subcontractor, upon receipt of payment frosa tbe Omer, an smount equal - �to � the percentage of completion a1loved to the Coatractor on accouat of such Subcontractor's �ork.�� It�e •Contractor :h:ll also require each � Subcontractor to make simi�lar paymeAts to his oubcoatractors. . . If the Architect refuses to i=sue� a Certificate for P�y�aent for :ny cau�e vhich is tbe fault of the Contractor aad not the fault of a . p:rticvlar Subcontrsctor. the Contractor shsll pay that Subcontractor on demand, made at ary time �after the Certificate for .Payment irould othervi�e bave beea issued. for hi��Kprk to Lhe extent completed, less the retained percentage. . The Contractor shall pay each Subcontractor : just �hare of any irirurance monies received by the Ccatractor' under Section 1C, s.nd he �hall require each Subcontractor to make similar payments to �h£s Snbcontractors. � •� Itie Architect maq, oa requert �:nd at its di:cretion� furaish to any S.ubcontrsctor. if practicable, infor�nation regarding perceatsgeo of completion certified to the Contractor on account of Kork done by cuch • • Subcoatractors�. • " Neither tbe Ovner nor the Architect �hall have�any obligation to pay or to see to the payment of aay moniec to any Subcoatrtctor. � ,fUN 2 0� 1994` � � � GC-13 � SECTION F S£PARATE COtdTRACTS g-1 O�mer't Ri�ht. it�e Ovaer .,reserves the right� to eWard separate contracts a connectioa vith other .portioat of ;he Work. t�lhcn 'separate contract� are :varded for other portions di the Work, "the Contractor" ia the Coatrsct Documents ia esch cate •h�l be the con- tractor Who sigus esch separ�ate coatract. F-2 Hutual Recponai�ilitq of Contractors. Zh� Contz:ctor shall afford �� otber contractors reasonab2e opportunity for the iatroduction and storage of their materials and equipment :nd the executioa•of their �+�ork, and shall properly connect and coordinate hic vork vith theirc. If any part of the Contractor's Xork depend't ��for �proper execution or resultr upoa the voYk of any other separate contractor� the Contrictor shall in�pect and promptly report to the Archittct any apparent dir- crepaacies or defectc�ia sucb vork that render it unsuitable.for such proper execution and reoults. Failure of the Contractor to incpect and report shall con�titute an acceptance of the other contractor'e vork as fit snd proper to receive hie Hork, except ss to defectc vhich may develop ia the oCher•separate coatractor's Work :fter Lhe ex�cutioa of the Contzactoz`s �tork. Should Lh� Contract'or c:us� � damage to Lt�e vork or property of any separate contractor on the sit�, •the Contractor s�all, upon aue aotice, settle With �uch other contractor by dgreea�eat, if t�e xitl so settle. If euch teparate coatractor sves the Os�er on accouat of any damage all�ged to have been• so sustained� the OWner �hall notify the Contractor �ho shall defend againtt such svit at the Contractor's expense, �nd if say judgment against the Oy+cier arirec therefrom, the Contractor shall paq or satisfy :ucb : judgment and �hall reisnburse the OWner for all attorriey•s fees, court costs and exptn�es vhi�h the p�mer hac incurred ia coaneetioa '�rith such suit. F-3 Cuttia��and PatchinR-Under Separate Contract�. fie Contractor •sh:ll do �11 cutting, ficting,or patchiag of his Work tt�at may be required to fit it to receive or be r�ceived by tt�e vork of other .coatractors shoWn ia the Contract Docuinents. 1t�e Coatractor :hsll not endaager any aork of an7 other contractors by cutting, excavating or othervise alteriAg anT vork and sh�ll aot cut or alter the vork of any other . contractor except �rith the �rrit4ea coareat of the Architect. Any costs c:used bq d�fective or ill--timed vork shall be borne by the party reoponsible thereior. • g-4 O�ner'o Ri�bt to Clean Up. If a di:pvte ari�et betveen .tbe sepa�ate . coritracters as to their responsibility �for clearina ap ss required by Paragraph D-1, the O�mer may cleaa up and charge the co�t thereof to , the several coatractor: �s the Dire�tor of the Depsrtcnent of •. Trancportst£on and Publie Korks eh nll determine to be ju�t. s�N 2 0 1� CC-14 � � � � a � � _� � .� � � � i� ,, � •.r �!I � � i�' � � � �� !■1 L!� L� � L�! � �. � u SECTIOH C HISCELL�l1iEODS PROVISIOHS C-1 Conflict of Lav:. Zhe Coatract �h�ll be governed by the lsv of the place �fiete the tite is located. I�e Contrsctor nust fsmiliarize him- stlf tnd strictly comply with alI Federsl� �State� and Couaty u�d City yays, Statutes, Charter, Ordiaances, Regulatioas, or Directive= controlling Lhe actioa or operation of those engaged upoA the vork affecting the msterials used. Re sh:ll indemnifY aad ssve htnalecs tbt City and �!1 of it� o�ficers aad ageats agtinst any c2aim�or Iiability _ arisiag from or based oa the violation of any such Lav:, Statute:, Charier. Ordiaances� Regu2etioas. or Directives, vhether bq.himself, his employee�, ageats or subcontractors. G-2 Personal Liabilitp of Public Offici�Is. In pex�forming their duties • under the Statutet of the Stnte ' of Texas and the Giiarter and Ordinancez of�the City of Fort Korth ia coanectioa with thi: Contrsct, or � in exerci:ing any of the pov�rs granted the O�+�cser herein� the ' officers, agents sad employeeo of the City of Fort Xorth are engaged ia tbe performaace�of : governmeat�l funct�on and shall not incur nny percon:l lisbility by virtue vf sach performaace �ereunaer, �xcept for grocs negligeace or vi11�a1 �rraag. G-3 Successor� and.Arai�nc. Except =� provided in Paragraph E-2, thia contract �hall be binding u pon and inure to the benefit of the parties hereto, their Succecror� or Assigne. Contractor shall aot a::ign or eublet all or :ny part of this Contrsct or his right� or duties hereunder vithout the prior vritten coacent of the Ouaer. My such . purported a:signment or sub2etting xithout th� prior concent of Ovner- � chall be void. G-4 S�rittea Notice. iirittea Notice sball be deemed Lo have been duly terved if delivered�ia per�oa to the individual or member of-the firm or to an officer of the corporatioa for �hom it�vaz inteaded, or if . deiivered at or �ent by r�gistered or cerci�fied mail to the latt busineos ad8resc knoan to him vtio givec tl►e notice. � G-5 Performance Eoad and Labor and Hateria2 Pa�rment Eond. Z�e Contractor shell� oa the ex�cution of the Coatract. aad before 6�ginning �+�ork, make,• execute, and delivcr to the �OKner aad .pay -tbe premiiun for . st:tutory surety boads in s sum equsl Lo one huadred per ceat of the �totsl coatract price. Ia this conaection, Lhe Contractor��hall furnirh : Performaace Eond ae aell Rs a Ysyment Eond �both in a�um equal to the taLal coatrsct price. 11�e form of the bonA st��ll be ss provided in the Coatract Documanis and the surety shal�l be a reputable cocspany , �cceptable to the Ovaer. _ C-6 Osmer'� Iti�ht to Carry Out the Kork. If the Coatractor defavlti or � -aeglect� to carrY out tbe Xork in accordance Mith the Contract . Doc�ments or fail• Lo perforen �ny provisioa of tfie Contract� the O�mer '� may, vithout prajvdice to aay other remedy he may have, eatcr tbe oite and make good such deficiencies. Ia =uch ca�e an appropriate Change cc-�s ,1UN 2 0 199�{ � Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deftcie�ctes, 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 sufftcie�t to cover such amount, the Contracto'r shall pay the difference to the Or�,rner. � G-7. Royalties and Patents. The Contractor shall pay a11 royalties and license tees. iie shall detend a11 suits or claims for infri�gemen� af any patent rights and shall save the Owner harmZess from toss,o� acconnt thereof and shall be.respoasible for al� such loss when a particular Qesign, process or the product oi a particu�ar manufacturer or manufacturers ts specified; however, if the Contractor has reason to believe that the design, process or product specified is an infringement of a.pate�t, he sha11 be responsibte for such loss unless he promptly gives such information to Architect. � -_-.- � G-8 Tests. If the Contract Documents, laws, Ordinanc�,s, Rules, Regu�ations or � r ers of any public authority having jurisdiction requi�re any Nork to be i�spected, tested or•approved, the Contractor shall give the Architect timely notice of its readi.ness and of the date arranged so the Archite.ct may observe such i�spection, testing or approval. The Owner shall bear all costs of such iaspections, tests and approvals unless�otherwise provided. If after the commencement of the�Work, the Owner or Archiiect determine that any �tork requires special inspection� testing or approval not included above, the Owner or the Architect, upon written authort2ation from tFie Owner, �rii� instruct tE�e Contractor to order such spectal inspectian, testit�g or approval, and the Contractor sha11 gtve notice as required in the preceding paragraph. If such special tnspection or testfng reve.nls a failure of �he work to comply (1) with t�e requirements of the Contract Oocuments or (2) with respect to -ihe performance of the work, with Laws, Statutes, Charter,� Ordinances, Reguiations or. Orders of any public authority having �urisdiction, the Contractor shali bear all costs thereof, including ihe Architect's additionai services made necessary by such costs; other�rise the.Orerner shall bear such costs, and an� appropridte Change Order.- sha11 'be �ssued. � Required certificates of i.�'spection, testing or approval shali be secured by the Contractor and�three copies will be promptly delivered by him to the Architect. The Architect will review the certificates and forKard�.one copy of each wt.th his recomnendation(s) to the a+rner. � �� . If the Arcbitec� or Owner wish to observe the inspeciions; tests or approvals required�by this Section, they wi11 do so promptly and, where practicable, at�the source of supply. � � .�- Heither the observations of the Architect or the Owner in their admi�tstration of the Construction Contract, nor inspections, tests or approva�s by persons other than the Contractor shall relieve the Contractor from his obiigatior�s to perform the Work in accordance Kith the Contract Oocuments. - . � � � . � Rev. 10-10-88 GC-16 JUN 2 0� 1994� � � CI � �1 'J � �� I�I �� C-9 Interruptioa of Existing Utilitiec Services. It�e Coatractor �hall perfo� the vork u�der this Contrnct vith a minimurm of outage time for all utilities. Interruption at�all be by approv�d section� of the vt ility. Ia some ca��s� the Contractor x�ay be sequired to perform the vork vhile the exi:ting utilitp is ia service. fie existing utilitiec service may be iaterrupted only srisea approved bp ihe O�mer. Nhen it ii aecec�:ry to iaterrupt, the existiag utilities� the=Contrector �ball aotify the Osraer ia �rriting at .least tea day� ia advance of the time he desires tbe exi:ting �ervice to be int�rrapt�d. Zb�-interruption time. shall be kept to a minimvan. Depending upoa the activities at sn exist£ag facility vhich requires continuoa� •ervice from the exi:ting utility. aa iaterruptioa may not be subject to sch�dule at �the time desired by the Contractor, In sucb caaes, tl�e iaterruption iaay have to . be scheduled �at a t ime of minimum requirements of demaad for the utility.,The amouat of time requested by the Contractor of existing utility services shall be at spproved by the O�mer. � C-10 La�rin� Out Kork. Dimentionc and elevatioas inOicated ia layout of �xisting vork shall� be verified by .the Contractor. Discrepancies bet�reen DraWings� Specifications, and 'exiating conditions shall be . referred to Arcnitect for adjuttment before vork affected is . performed. Failure to make euch notification :hall place respoasibility upon.Contractor to carry out Work in tati:factory� �rorkmanlike maaner. . Tiie Contractor �hall j� • elevation of all the L� Documeate. � � �J � � u � be� held responsible� for the location and coastruction contemplated by the Construction Yrior to commenciag vork, the Contractor �Iiall car�fully compdre and check� all Architectural� Structurnl, Hechaaical aad Electrical draarings; each vith the other tbst in aay .affect: the locatioa or elevat�,on of � the �+ork to be ex�cuted by him, and �hould aay diccrepancq �be found� he ch all £mmediately report Lhe same to ihe Architect for verificntion and adju6tment. My duplication of vork made aecescarp by failnre or neglect oa his part to couply vith this functioa sh:ll be done :t the contractorz sole expense. � C-11 Existin�t Overhead or IIndergrou�d Work. l�e Coatr:ctor sball csrefully � check the site vhere the.pro�ect is to be erected and ob=erve any existiag overbesd �rirec aad eqaipment. �ay �uch �ork shall be moved� �re placed or protected� et required�.vhethei or not shovn or �pecified. Att�ntioa i• directed to the ,possible exiatence of pipe and other uadersround improvements �r'hich may or may not be afiova oa the Drarring=. All reironeble precaution� sball be t:ken to precerve and protect any sucte improvements vhether or aot shova oa the Artving:. Locatioae of exicting underground lines� sho�n on the Drawing: ire based oa the be�t svailable sources; but are to be reg�rded ss approximate oaly. �Exercise extreme care in locating and ideAtifying these line� before excavation in adjacent areas. C-12 Linin of Joint• in Finiih Haterials. It ehall be the re:poncibility � . oz t� �:ontractor to maxe certain ia the ia�t:llatioa of jointed floor. vall and ceiling materi�Is tbat: . - . �� f�7 JUN 2 0 1�94 Q 6 , � a. Z1ie joints line thYough �in straight slignment and in both directions �fierever potsible. b. I�e joiats relate to sll opening and breaks in the �tructure and be ty�amettically placed aherever possible. fii� includec � heating Yeyisters. light fixturea. equipmeat, etc. If because of the nonrelated sizes of the variout s►ateriais snd locatioao of opeaings, eLc.. it is not possible to accompli:h the sbove, the Cortrector shall request tbe Architect to deLermiAe Lbe moct � satisfactoty arr:nge�aeat. The Coatractor• sha1l establi:h center liaes for all trades. � ' C-13 InLeRrstin� ExistinR Work. Il�e Contractor shall prot�ct a11 existing rtreet and other improvements from damages. . Contractor'c operationz shall be confined to th� i�aciediate viciniLy of the nea work aad shall not in eny interfere vith or obstruct the ingress or egress to and from exirting ndjacent facilit£es. Where ne�s aite �rk i: to be connected Co existing vork, speciil care shal� be exercised by the Contractor not to disturb or damage the existing aork more tt�an aecestary. All damaged aozk shall be repliced� repaired•nnd restored to itc original condition .at ao�coct to the Ouaer. G-14 Location of Equipment and PipinR. Drawing choving location of ' equipment. piping,'ductWork, etc. are dingrammatic ead job coaditions miy not alvays -per�nit Lheir installation ia the Iocation sho�ra. �then this situation occur.s, �it shall be brought to the Archit�ct's attentioa immediately and the relocetioa deier�ained in. t joiat conference. Zi�e Coatractor vill be hela respoasible for the relocating of� any items Withoui first obtaining the Architect's approval. ik shsll�remove anQ relocate such items at his o�rn expenee�if so dir�cted by Lhe Arcb itect. �here potsible uniform margins are to be maintained bet�+een- parsllel liae: tnd or adjacent Wall. floor �or ceiling 'surfaces. - . . C-1S Overloadin�,. Ti�e Coatractor sball be tecpoacible for overloading 'of aay part� or parts of strvctures beyond the.ir safe, calculate8 carrying capacitiee by placing of materials. equipment� tools, macbinery or sny � other ite�n ti►ereon. No -load: ehall be placed oa floors or roofc before . thep have attained their permanent Rnd tsfe ttrength. C-16 Manufactarer's Inttructions. `• where it is reqaired in the . Specific�tioa�, the sasterials. products, proceases, equipment, or the � 1 ike be ioctslled or applied iA accordance vith • manafacLurer's instructions, directions. or specific:tions, or srords to tbia effect, • it shall be censtrued to mean that eai6 application or £nctallation shall be ia ctrict aceordance with �printed inctructions furaithed by � the manufs�turer of the materi�l conceraed for u�e uader instructioao • furai:bed by the manufscturer of the mater£nl concerned for a�e under conditions similsr or those at the .job :ite. Six copie: of �uch cc-is Jl1N 2 0 t9�4 � LJ LJ L�J � � lsJ � Cl C� ��I � !J LJ � � l� L�' � � iC LJ lfJl � I�1 L�J � t in�truct�ions shall be furnich�d to the Architect snd hit Rpprovel thereof obtained before vork is begun. G-17 CleaninR �Tp. During con�tructior:� At aIl ti�net during the couroe of construction, keep the premises free from accumulation of va:te naterial or rubbish cau:ed by employeet or a� a re�ult of the �rork. At comp2etion of vork� the Ceneral Coatractor :h:ll, iamediately prior . to final ia:pection of complete building, execute the %-lloxing final cleaning vork vith trained jsnitorial pereonnel and vith materisl methods recommended by Lhe manufacturers of iastalltd materials. a. b. c. d. � e. • f. Q g. All hardvare and other unpainted metalt �tiall be cleaned and polithed an8 all equipcnent tnd paint or decorated Work shall ' be cleaned and touched-up if necescary, and sll,temporary �� labels,� tags. and paper covering� removed throughout the building:. Surfaces that are vaxed chall�be polished. � f�J � � � �I ��' h. The exterior of the building.. the grounds, approaches, . equiptaeat� sideWalks, ttreet�, etc. shel� be cleaned timilar to interior of buildingt and left ia good order at the time of final�acceptance witb paint surfaces�clean ana unbroken, hardwa�re clean and polished, all. required repair vork - completed ans dirt areas scraped and cleared of �ed groWth. i.' Glatt cleaning: Clean all Alhss :urfaces and mirrors of putty, paint materials, etc.. vithovt ocratching or iajuring the glass and leave the aork bri�ght� cleaa �nd polisbed. Coat of thic cleaniag vork shall be borne by Contractor. j. Cleeniag��poli:hing�• scaling, vaxing snd all other finish operatioas £ndicated on the DraWings or required in the Specificatioac �hall be taken to indicate the required � condition at the tfine of acceptance of sll �rork under the - ' Contract. Sveep and buff resilient floors ind base ana vacuum carpeting. � - Dust all.metal and Wood trim and -aimi�2ar finished materials. Clean all cabinet and casevork. - Dust all ceilings aad Walls. Duit, and if neceasary wach, all plumbing and electrical fixtures. " . S�a�h all glass and s£milar non-resilient materials. � h. . Eurniag: Burning of rubbi:h on the premise� viil not be permitted. � CC-19 n �uN 2 0 ��' �I C-18 Dust Control'. Precaution shall be exerciseQ at ell timet to control dust created as a result of aay oper:tions duriag the coastruction period. If serious probleras and/or comptaiats :rise due to sir-borne du�t, and �rhen Qirected by the Architect� operationt ctu:ing svch problemo shall be temporarily di�continued snd aece:sary •tepc taken to control the dust. � C-19 Fire Protection. Ihe coatrsctor ahs1l at all times naiAtsin good houcekeepiag prectices�to reduc� Lhe risk of fire d�age i"ndjor injury to workmen. All scrap material�� rubbish :nd trash shall be r�moved dailq frora in and about the building and sh:ll not be be permitted to be scattered oa adjsceat property. � � Suitable ttorage space ahall be provided outside the i�ediate build- ing area for atoriag flammable materiela and paints; no etorage �+ill be permitted in• the building. Excess flamraab�e- li4uidc being used iaside tht building chall be kept i� close metal-container.:nd removed from the building during unustd.periods. . A fir� extinguicher shall be available st.each Iocation ahere cutting � or Welding is being performed. Nhere electric or gaa uelding or cutting Work is done, interpo�ed shieldc of incambuttib2e� material shall be�used to protect again:t fire damage.dae to �park: and hot metal. Niun temporarp heating devices are uced, s'aatchmaa shall be preseat to cover periodr.vhea other Workmen are not on th� premires. The Contractor shall provide fize extinguishert in,accordance with the recocamendstions �and NFPA Bulletins ttot. 10 and 241. iioWever, � in all cases a minimum of tWo fire extinguishere shall be available for �each �flooz.of coastruction. � . G-2d Cuttin� and�Patchin�. Siherever cutting aad removsl of portions of the exi�ting.vo�k is indicated, cvch work shall be neatlq savn or cut by contrsctor in a manner th:t Will �prod�uce a aeat ttraight� line,- parallel to :djacent aurfaces or plumb for vertical surfaces. Care . sbould be exercisea aot to d amage �ny vork that is to remaia. At no time ehall any structural members be cut aithout written consent from the Archit�ct. All cvtting aad patching doae by eub-contractorz shall be done under the direct sup�rvi�ion aad directioa of the Architect. � � � � G-21 Pro�'ect Clooeout. Final Iaepection. Record�DraWinR�: Attention ic celled to General Conditioas Section I entitted, "Payments nnd Completioa."� Kaintenance Hanual: Sheete shall be 8 1/2" x lI", sheets may be neatly folded to 8 112" x 11". Kanuala plastic cover�d� �3 rins, loo�e leaf.binder vith lettered on froat and shall contair: . except poll •out � shsll be bound�in title ' of pro ject .�_20 � JU� 2 0 199d� � � � �� C� :-� a. 2tame. addres: end trade of all �ub-contrdctora. , b. Complete �¢aiatensnce iastrvctions; asme� addresi, and tele- j� . phoae number of inctelling Contractor. manufRctarer's local U reprerentstive. for each piece of operative eqaipment. � I� ! �� LJ L' L1 � � � c. Cstalog dit: on plumbinY fixtures. vslve�� vater heater�, heating and cooling �quiptnent, temperature control� faa� electrical panels, service eatrance equipmec� and Iigt�t f ixtures. � d. Hanufacturer•s a�e, type. color de�ignation for retilient floors. viadovs, doort� concrete block, paiat, roofing� other materials. � e. � Submit six copies of Haintenance Hanual� prior to� request for substantial completion inspectiori:'�� . . Operation and Haintenanre Instruction: Zt�e Coniractor thell provide at his expense,�competent manufacturer's reprecentatives to completely check out all mec�anical ind electrical systtms and items covered by the Draaings and Specifications. This requirement ahall be �cheduled just prior to and duriag the initial etart up. After sll eyctems are functioning properly the•rcpresent:tives shall instruct mainten:ace personne2 of the Ocmer in the proper operation and maiatenance of e:ch it an. . G-22 Cuarantee and Extended Guarantee. Upon compl�tion of the Proj�ct. prior to final paymeat, guirantees r�quized bq techaical divisionc of Specificatioas �hall be properly executed ia quadruplicate by sub- � contractor� :ad submitted to Archit�ct.•Delivery of gusrantees shall aot relieve Contractor from any obligatioa assumed under Contract. The Contractor shall submit a gvarantee covering tht entire Project for one qear. Ia additioa� �here separate guaranteea� for certain portioris of aork, are for longer perioQt� Ceneral Contractor•s guar:ntee �ch:ll be extended to cover-such longer periode. � ' Gusrantee: shall becane valid and� operstive upoa �issuance of Certifictie of Inepection and Acceptance by Ocmer. Guarnntees shill aot applp �to vork vi�ere damsge is retult of abn�e, neglect by Oc�mer or his succescor(s) ia intere:t. � � C-23 Record DravinR�. Upon completion of the Kork�snd prior to spplication for•final paymcnt� oae print of each of the dra�riags accompanyiag thi: specificetion shsll be aeatly tnd clearly marked ia red by the Contractor to ehow vari�tions betveen the conctructioa ictuallp provided and thst indicated or specified fn the Contract Documeat�, �nd delivered to Arehitect. Lfiere a choice of materials snd/or methodc is pe'rmitted b�reia Rad Where variatioas in tt�e ecope or character of � the vork from the eatire wrk iadicated or specified are permitted - either by avnrd of biddins item� tpecified for that purpoae, or by sub�eqvent chnnge to the dravings, the record�drsving� sha11 define cc-z� Jll�! 2 0 19�4 w'• the construction actuall� provideQ. �e reprecentation of auch variations sh:tl conform to standard drsftiag practice end shall in- clude tvpplementary Aote�, legead� snd details vhich may be nececrary for legibility aad clear portrapsl of the AC?UAL construetioa. �e recotd asawings shall indicate, in addition, the actual location of 'all sub-surface utility lines, sverage depth belov the� surface aad other sppurtenaaces. - G-2k Con:truction�Fence. At the Contractor's optfon, he may p'Trov£de a con- structioa feace :round sll or.a part of the site. Fence= shall be at 2es�t k' bigh :nd equal to USS Americaa Feace Sp�cification No. 11, De�iga Ho. 1447 (A1 �no Iron Storksi, oa meta2 posts not over 10' oa center. Posts shall be eiti�er �tudded T-Posts S f�et Iong, or Star Stecl Poats S feet long (Alamo Iron uorke). Provide gates for.access vheze requir�d. Zhe fences and gates must be maintaine3 thzoughout the construction period. Rc�nove the fencec and gatzs upon completion of the Project and restore the site to the required original or contzact coaditioa _ G 25 Product Deliverq, Stora��e RandlinR: it�e Contractor chall handle, store and protect materis�s and products�� incluaiag fabr.icat�d com- poneats, by mett�oda and means dhich aill prevent damage, deterioration and locs� including theft (and reculting delays), tt�ereby encaring highest qualitq res ults as the Work progrec=e�. Control delivery schedulet so ao to minimize unnece�rary Iong-term :torage at project site prior to installation. � SECTIOR A COKTRACT ?IHE ii-1 Definitions. The Contract Time is the p�riod of time allotted in the Contract Documentc for completion•of the Kork. The�date of commencement of the Llork is the dite established in a notice to proceed. If th�re ie no aotice to proceed, it sball be the date of the Agreement or such other date as'may be establis�ed thereia. - it�e Date of Sub�tantial Completion of the ttork. or desighated portion ther�of is the Dste certified b7 the Ilrchitect With the �pproval of the-O�aer th:t canstrnctioa is sufficiently complete� ia iccordance vith Lhe Contrsct Documents. so tbe O�+cur may occupq the Work or de�£gnated� portion thereof for the use for ah�ch it is iatended. Final acceptance of the compl�tcd Work or aay portion thereof can be ma8e�only by the.C£ty Council of the Cit7 of Fort Worth. and no other form of acceptance arill�be bindiag upoa th� Ouner. A calendar day cvnstitates tventy-four (24i hourt of time arid is any oae of�the sevea days of a�ek, incluain& Su�day� regardleac of Whether a"Woiking Day" or aot, and regnrdlees of aeather condi.tions or any titustion sfiich might delay coastruction. An exteneion of contrect time shall be in accordance aith th£s�Sectioa. Exten6ions of time aill be ss reco�mcnded by the Architect aith final approval by City of Fort Worth. . . �- �2 JUN 2 0 1994 .��. w � � �� L3J .� .� � � �' LJ LJ ��1 � 1 Ll � � � � L!J L■J � l�l � � � � � �■1 ��J � � �1 � A working day is definca a� e calendsr day, not including Saturdays� Sunday�. •nd Iegal holidsys� in vhich veather or oLh�r conditions aot under the control of the Coatractor permit the performaace-of �rork for a coaciauons� period of aot lees than seven t7) hourt betveen 7:00 :.m. aad 6:00 p.�n. i3oxever, nothing in these Coatract Documeats shsll be con:trued as prohibiting the Contractor from vorking on Saturday� if he �o de�ires. Should the Contractor choose to vork on SaturdaY�. one d�y vill be chargcd as contract vorkiag time When we.nther or other coaditioas penait seven (1) hour� rof vork es del ineated above. ' Legal hol idays are de f ined a• beiatt ttea Year's Day � Independeace Day� Lsbor Day, 1�anksgiving Diy, Chri�tsnas Day� Hemorial Day, and Qeteraa's Dap. A-2 pro�resc and Completion. All the titae limit: stated in the �ontTact Documents are of_Lhe ets�ace of the Contract. � The Contrac[or shall begin the Xork oa the date of`commencement as defined ia thi: Section. Re ahall carry .the uork. forvard expeditiously with adequete forces ind cha21 complete it Within the Contract Time. H-3 Delays :nd Extencions of Time. If the Contractor is delnyed at any ' time in the progrecz of the Work by any act or ntglect of the Ouner or � the Architect, or� by �sny employee of th� O�mer� or. by any sepazate contractor employed .t�y the Ocmer._ or by cbange� ordered in the S�ork, or by lebor disputec, fire, unusual .delay in transportstion unavoidsbl� casualtiez or aay causes beyond the Coatractor's coatrol, or by aay rsuse vhich Lhe Architect detercninet may jvstifv the delay� Lhea tht Contrsct � Titae tasy be extended bq Change Order for such . �• reasonab2e time as� recocnmended by the Arcbitect snd _ approved' bv the O�r�ner. uhea the Contractor is delayed du� to abnormal . sresther • condition:. the i�ieather �Ttble provided io WT-1 in these Coatract Documents chall be used ae the basis for providing a fnir� and equitable adjustment of the contract time. All clsims for extension of t.ime shall be made�in vriting to the Architect ao more thaa fifceen daye after the occurrence of the delav; otherwice they ohill be vaived. _ . . If Ao sche8nle or a�reemeat is made s�ating_the dates vpon vhich � aritien interpretations as set forth in Peragraph A-8 shsll be furnithed, then no claim for delsy shall be alloved on sccount of failcire to furnish such interpsetstioa until fifteea days.after demand is made for them, and not then uaie:� such a claim is reasoaable. . 8-4 ?io Dam• �e for Delay. No pa�nt. compenaation or��adjustment or any kind (other thaa the excencion� of time provided for ) shall be made to the contractor for damages becauce of hindraace: or del:qs froia any cause in the progrecs of tbe vork, vhethe� :uch hindrancec or de.layt ' be�,avoidsble or uaavoidable� and the contractos agree• that he vill � make no claim for compencation, d�mages or mitigacion of liquidated dam:ges for any such de2sys,�and will accept in full sntisfaction for such detays �aid extencioa of time. .lUK 2 0 199d GC-23 PAYMENTS AND COMPLETION I-1 Contract Sum. The Contract Sum is stated in the proposal as accepted and� is the total araount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. I-2 Schedule of Values. Before the first Application for Payment,�the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Coatract Sum, divided so as to facilitate paymente to Sub-coatrnctors in accordance with Paragraph D-4, prepared ia such form as specified or as the Architect and the Contractor maq agree upon, aad supported bq 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 bq the Architect and the Owner, shall be used as a basis for the Contractor's Applicatioas for Payment. I-3 ProRress Payments. � On the first day of each month after the -first month's work has been c mnpleted, the Contractor will make current estimates in writing under the supervision of the Architect, of taaterials in place complete and the amount of work performed during the preceding month or period and the val-ue thereof at the prices con- �tracted for as shown on the approved Breakdown and Progress Schedule. If payments are to be made on account of materials or equip:nent not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse, such payments shall be conditioaed upon submission by the Contractor of bills.of sale or such other procedures satisfactory to the Owner to.establish the Owner's title [o such materials or equi gnent 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, clauns, security interests or"encumbrances hereinafter referred to as "liens"; and th;at no Work, materials or equips�ent covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing the Work at the site or furnishing materials and equipment fox the Work, subject to an agreement under which an interest therein or an encvmbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractbr shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attach 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. Also, a copy of the revised monthly work progress schedule iPara. D-12) must be attached before the pay request can be accepted. GC-24 .� (n n e �1 �g � � � LJ lJ I� l■� � � L�J L■J LJ � L� i � � � �l �� I � J �� 0 A vorkiag day is defined a: a calendar d:y, not including Saturdays� Sunday:� snd legal holidays, io �rhich veather or other condiLioas �ot under the coatrol of the Contractor permit the performaace of vork for a contiauout� period of not lees th:a seven (1) �oar: betveen 7:00 a.m. and 6:00 p.n. iiovever� nothing ia these Coatract Document: sh all be coastrucd as prohibiting Lhe Contractor fram vorking pn Saturda7i if he :o desires. Should the Caatractor choo�e to srork on Saturdays. one dsy vill be charged as contract vorking time vhen �re.ather or other conditioas permit sevea tl) i►ours rof .�rork ss deliaeated abov�.' I.egal holidays are defined at beinR Hev Year•s Day, Independence Dap. I.abor Ds7, �hanksgiviag Day, Christma: Day� Hemorial Day, snd Yeteraa's Day. A-2 ProRreso and Completion. All thc time limits rtdted in thc CAALTdGL Documeats are of.the essence of the Contract. � The Coatract.or chall begin Lhe Work on the date of`co�aencement as defined in this Section. He ahall carry the Work. forWard expedi�tiously vith edequate forces and shall complete it vithia the Contract ?ime. H-3 Delays aad Extencions of Time. If the Contractor is delayed at any time ia the progrecs of the Kork by any act or negl�ct of the Owaer or the Architect, or bp aay esaployee of the Ocmer, or_ by any sepsrate contrsctor employed.by the OKner� or by changec ordered ia the �tork, or by. labor disputee, fire� unusnal .delay ia transportstion, unavoidable c.asualties or sny causes beyond the Contractor'� control� or by anq rtuse vhich the Architect determines may jvstifv the delsy, then the Contr:ct� Titae miy� be extended bq Change Order for auch � rearonable time a�� recommeaded by the Architect tad_approv�d' bv the Osmer. Sfien the Contractor ie delhyed du� to �:bnormal veather condition:. the Xeather �Table provided as uT-1 in these Coatract Documents ohall be used ae tht basic for providing a fair :nd equitable adjustment of the contract time. All clsims for ext�ncion of t.ime shall be made�ia writing to the Architect ao saore than fifteen dayc after the occurrence of the delay; otheraice they chall be vaived. . _ If no �cbedule or agreemeat is made s�etinR.th� dates npon i+hich� � uritten interpretations as set��forth ia Psragcsph A-8� shall be furnithed, then no claim for delay shall be Rlloxed on account of fsilure to furnish such interpretation until fifteen days after demand ic made for them, and not thea unl�ss such a elaim i: reeconable. . 8-4 No Dam: �e for Delay. Ho ps�noent. compensatioa or�adjuctment or any� kind (other than the extenciono of time provided for ) thall be made to the coatractor for dsmages becsuse of hiadraace: or de1:Js froca any cause ia the� progress of the vork, v�ethe� snch hindrance�� or delsya ' be� avoidab2e or un:voi8able, and the contrector tgrees that h� WiII � make no claim for compensstion, d�mages or mitigatioa of 2iqvidated damageo for say such delays,�t�d will accept in full sati�faction for such delays said extensioa of time. JUN 2 0 jg94 CC-23 PAYMEtZTS AND COMPLETION I-1 Coatract Sum. The Contract Sum is stated ia the proposal as accepted and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. I-2 Schedule of Values. Before the first Application for Payment,•the Contractor shall submit to the Architect a Schedule of Values of the various portions. of the Work, including quantities if required by the Architect, aggregatiag the total Contract Svm, divided so as to facilitate payments to Sub-coatractors in accordance with Paragraph D-4, prepared in such form as specified or as the Architect and the Contractor maq agree upon, and supported bq such data to substantiate its correctness as the Architect may require. Each item �in the Schedule of Values sha11 include its proper share of overhead and � profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. I-3 ProRress Pa ents. � On the first day of each month after the -firsx month's wor� has been campleted, the Contractor will make current estimates in writing under the supervision of the Architect, of �naterials in place complete and the amount of work performed during the preceding month or period and the val-ue thereof at the prices con- �tracted for as shown on the approved Brealcdown and Progress Schedule. If payments are to be made on account of materials or equip�ent not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse, such payments shall be conditioned upon submission by the Contractor of bills.of sale or such other procedures sat'isfactory 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 guarentees that title to ail Work, tnaterials 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 equip�aent covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing the Work at the site or furnishing materials and equipment fo� the Work, subject to an agreement under which an interest therein or an encuaabrance thereon is retained by the seller or�otherwise imposed by the Contractor or such other person. The Contractbr shall prepare each application for payment on AIA Document G702, "Application .and Certificate for Fayment", and attach 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. Also, a copy of the revised monthly work progress schedule (Para. D-12} must be attached before the pay request can be accepted. GC-24 JUn� 2�, �`�g`� p l�l � � � L�J � l�J � � � � L�J I-4 Certificates for Pa�ent.: If the Contrnctor has made Application for Papment ts above. t e Architect vill. vith reaconable promptnesc but not more than sevcn day� after the r�ceipt of the Application� prepare s Certificste of Payment, vith : copy to tt�e Contractor�. for tuct� amount dctersained to be properlY due� or •tate in �+riting reatont for vithholding a Certificate as provided ia Paragraph I-S. ll�e issuance of a Certificate for Paymeat vill con�titute a � reprezentation by tha Architect to the O�er, baced oa tht Arcbitect's obtervatioas at tbe site as provided ia Paragraph B-3 sad tt�e data comprisiag the Applicatioa for Payment� that the Xork has progressed to the point indicated; that tt�e quality of the Kork io in sccordance vith the Contract Documents (cubject to an evsluatioa of the work as a functioning vho�e upon Substanti:l. Completion, to the retulC� of aay subsequent teets required by the Contract Document�, to miaor deviations from Lt�e Contrdct Document.s ..c.orrectable prior to -- completion, and to any specific qutalificationf stated . in Lhe Certificatel; and recoannenddtionc to the Ouner that the Contractor be paid in the ataavnt . certified. In addition, t�e Architect'r final Certificste of Pavment W�11 constitute s further repreaentation to the O�mer that the conditionz prec�dent to the Contractor'e being entiticd tto final paymeat ac set� forth in thic Section bave been fulfilled. After the Architect has iscued a Certificate for Ynyment. Lhe Ovner shall approve or disapprove same Within ten (10) daps after it hac � been delivered to the Director of L'he Department of Tranaportation iad Public Works. For contracts less than 5400,000. Ovner :hall pay 90X of the approved ectimate to tfie Contractor Within seven i7) day� after itr :ppYov:�, and tbe remaining lOX of each such ectimate vill be retained by the Ovner until the final eztimate is approved tnd the uork is accepteb by the City Council of the Citq of Fort i�orth. For -contractc iri excess of S400;�00� Lhe Osmer vill retain oaly SX of each ectimate until the finsl estimate ic approved and vork accepted by the City Coancil of the City of Fort Worth. , - No Ccrtificate for s progress payment, nor any progr�ss payment, aor � ' any partial or entire uee or occupancy of tfie Project by the Ovaer. shall constitute an acceptance of any S�ork noi in accordance With the Contract Documentt, or relieve the Contractor of liability in resptct a to :ny varranties or responoibility for fsulty material� or Workman- ship. The Contractor ehall promptly��remedy any defectt ia the Kork and pay for any dnmage to other Work reculting therefroca �riiich � sh:ll appcar vith�in a period of one yesr from the date of final acceptance of the Kork ualesr a� longer period i� cpeeified. Final �� acceptaace caa be made only by .the City Council of the City of Fort Korth, and ao other foina of acceptnnce aill be biading upon the Otimer. � � � 0 I-S Payments Kithheld. The Architect may decline to tpprove tn Applicetion for Payment snd may Withhold his C�rtificste in vtiole or in.part if ia hi• opiaion he is unable to make Lhe repre:eatation� to th� Oxner as provided in this SectioA. Zt�e Architect may :l:o decline � to approve aap Applications for Payment or� because of �ubrequently diacovered evideace or aub�equent ia�pectiont� maY aullify the v�hote or any part of anp Certificate for Payment pzeviously i::ued to cuct► JUN 2 0 1994 cc-Zs a , •�,. extent az may be necessary ia t►is opinioa to protect the OWner fro�n loss because of: . ' a� defective vork not remedied; b) c� d) claisas filed or reasonable evidence indicatinY prob:ble filing of claima; - failure of the Contractor to make paymentr-properly Lo Subcontractors, or for labor, materials or equigaent; reasanable doubt that the Kork c�n be campleted for the unpaid balanee of the Coatract Swn; _ . e) •damage to another contractor; � a . � � � � f) reasonable indicatioa that the Work _Will` not be completed � vithin the Contract Time; or . . g) unsatisfactory prosecution of the Nork by the Contractor. When such grounds for. the refusal of �payment are removed, pay�nent shall be made for emounta �withheld because of � them: � Ttie Ocraer reserves the right to Withhold ttie pay�aent of anp monthlq� esti�aate, .�,iithout payment of interest, if the Contractor fails to perform the Work ia �accordance with the specification: or instractions of the Architect.- � . ` i-6 Failure of Payment. If, Witt�out� fault on the part of ttie Contractor, the Architect -should fail to issue aaq Certificate for Paymeat �rithin seven (7) daps after receipt of the� Coatractor't Applfcatioa for Pay�aent, or if; Without fault on the part� of the Contractor, the Oamer should fail to approve such eetimate .oi to paq to the Contractor 90X or 95X (az applicable)•of.the amount thereof vithin the period of tiine spacified in Yaragraph I-4, thea the Contractor map, upon reven (7) days addition:l Written notice to the Osmer and to the Architect, stop the tJork�until paycnent of the amount oviag has been received. . I-7 Subrtantial Completion and Final Payment. Prior to the request for substantial cacapletioa inspectioa, the Coatrsctor �iu:t sneet all � provisioao of Para. G--21. �lhen tbe Contractor determ£nea that tl�e Work or a designated portion thereof a:cceptable �o the• Ouaer is substantially canplete� the�Contractor shall prepare for submis:ioa to the Architect s lict of items to b e caapleted or corrected. The failure to include anp £tems �oa such list does not alter� the rerponoibility of the Contractor to camplete a11.Kork in accordance With the Contract Documents. when the Arch£tect, on the bas£s of an inspection� detenaines that the Work ia subrtantially complete, he �+ill then prepare a Certificate of Subatantial Completion, Which �hen approved by the Ouner, sball establish the Date of Subst�ntial Completion� � st�all state the recponaibilities of the Osmer and the Coatractor for maintenance, heat, utilitie:� an8 iasuraace, and shall fix the time �rithin cihich the Coatractor shall cocnplete the items listed therein, zaid time to be W£th£n the Contract Tune unless extended pursuant to Sectioa ii. Z1se Contract Time shall be G G- Z� JUN 2 0 1994 i� � � � . � � � � � � � � � �iJ l!f liJ � �I' � L�J L�J � � � ltJ l�1 � � L�J liJ L�J considered en6ed upon the date of acceptance by the .City Council of the City of Fort Worth. � Upon receipt of written notice�ihat the Work is ready for final inspection and acceptance and upoa receipt of a final Applicatioa for Payment and upon receipt of a final application for paycnent� providing the record draWing• have been received bp the Architect� the Architect Will conduct such teat and/or inapections as he deemt neceaaar�, aad if id his .opinioa the Work haa been cosapleted in icco�daace �rith the Coatract Docvanents, the Architect Will promptly� iasue a final Certificate for Payment stating that to the best of bis kao�rledge� iaformat�ion and belief, and on the basiz of h£s observatioas and inspectiona, the Work &as been co�npleted in accordance vith the terms and conditions of the Contract Documents and that the entire balance found to be due the Contrscto r, nnd noted ia said finsl Certificate ia due and payable. Final acceptance can_ be ._mad�c only by the City Council of the City of Fort Worth, and no other' for�n of acceptance �will be binding upon the OWner. Final payment and releace of the retainage amount will becane due crithia 15 days following approval of the City Council of the City of Fort Storth in acceptiag the �rork as c aaplete. _ � • Heither the final payment Ao r the remaiaing retained percentage shall becosne due uatil the Contractor submita to the Architect (1) an Affid av it that all payrolZs. b ills for materials and equipmeat, and other indebtedness connected With the �?ork for�which the O�rner or his property might in any Way b e responsible, have been paid or otherwise satisfied, (2) consent of suretp�, if any, to� final pay►nent�:nd, (3) if required by the Ouaer, other data establishing payment or catisfaction of all such obligations, such ac receiptt, releases and �aivero of lieas arising out of the Contract, to the extent and in such form as may be de�ignated by the Ow�ner. If anp Subcontractor, materialman or laborer refuses to furnish a rel�ease or Waiver required bp the O�iner, the Contractor may, at the election of the OWner, furniah a bond satisfactory to �the OWaer to indernnify him � agaiast aaq right,' clai,a or lien vhich might be assert�d by such Subcontractor, materi:lman or laborer. If any such right, cltim or lien remaia: unsatisfied after all payments tre made, the Coritractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such right, claim or lien, including �11- coats and reasonable attorney'a fees. � � - The acceptaace of fin�el. payment ahall conctitate a aaiver of all . claims by the Contractor except those previouslq made in xriting :nd still uasettled. - . . SECTION J PROTECTION OF PERSONS At�ID PROPERTY • J-1 Safety Precautiona and ProRr�acna. Ttie Contractor shall be re�ponsible for initiating� maintaining and supervising all safety precautions and programs in connection �rith the �tork. cc-2� JUN 2 0 1994 � �ID J-2 Safetq of P�rcoas and Property. Tt�e Contractor shall take ell reasonable precaution: for the safety of. and shall provi6e :11 reasonable protection to prevent damage� iaaury or Ioss to: a) alI tmployees oa the Kork and all other persons. viio may be affected ther�by; . b) all tt►e uork aad all materials and eqaigment to be iacorporatcd thereia. vhcther iri storsge on�or-eff the site, under the care, cuctody or control of the Contractor or any of his Subcontractors oz Sub-subcontractors; aad ci other�property at the site or adjr+cent thereto. inc2uding trees� thrubt� lavns� valks. pavemeats. roadvays. atrvctures and utilities not designat�d for removal� relocation or r�placement in the course of constr�ct.ion. , , Until acceptaace of the WoTk, it shall be under��he charge an3 care of the Coatractor. and he =ball tak� every precautioti against injury or damage to tbe Work by tbe action of the elemeats or from an7 other cayse wh:tcoever� ahether ariciAg from ihe execvtion or ,froco the non-execution of the Kork. The Contractor shsll rebuild, repair, restore and make good� at his ovri expence, all injuriet or damages Lo any portion of the Work occacioned by any of the .above, caused before its completion and acceptance. •The Contractor �thall complq with all applicable Lays, Ordinancet� Rules, �Regulations an8 Ordere of tay ' public authority havin� jurisdiction for the cafet7 of percons �or properiq or to protect then� fr aa damage� inivry or locs. Re shall erect ind maintain, as required by exittiag conditioas and progrecs of the Work, all reasonable safegusrds for tafety and protectioa, including posting danger tigns aad otber� varnings agtiast hazacdt� promulgating safety zegul:tions and notifying oWners and u�ers of adjaceat utilities. ithen the use or storage of explocivec or other hazardous materi:lc or equipmeat it aecestary for the execuiion of the Xork, the Contractor ahell exercise the utmoct care snd' shall -carry on such activities under the cupervition of properlp quslified personael. . All damage or locs to aay propertr referred Lo in ibe� precedinR paragrapfis caused iu �hole or -in part by the Contractor. any Subcontractor, or enyone directl7 or indirectlq employed .br any of them, or bp anyoae for vhoee act� any of them msy be liable, shill be remedied -by the Contractor� including damage or Iocs attributable to fa�tlty Drsxings or Specification� and acts or omitsione of the Architect or anyone employed by him or for vhote act•s he may be liable� snd not attributable to the fsult or negligence of the Contractor. but in no event chall the Owner be liable to the Contractor or anpone claimiag through the Contractor for such damsge or 2oss. The ' Contractor ehnll designate a responsib�,e member of his organizat£on at the site vhose duty shall be Lhe prevencion of JUN 2 0 1994 cc-ss � � � � � � � � � � � � � � � i� � � I� LJ LJ � LJ L�J L■ f � � � � LJ L�J Lfl � � L! � � LJ -..• :nd in that event the Ovner sh�Il determine vho io recponcible for the payment of such cests. H-2 Correction of Kork. Tt�e Coatractor shall prompt2y correct aIl Work rejected by the O�raer or Archit�ct as defective or a: failiag to . con€orai to the Plaas and Specifications �rhether obcerved before or after Substsntial Completion aad vhether oz not fabiicated� in�talled or completed. The Contractor shall bear all costs of correcting �uch rejected Work. including the cott of the Archit�ct's additioaal service thereby made necessarq. � If. vithin oae,7ear after the Date of Subctantial Completion or vithin auch longer period of time :s �y be prescribed bp lia or by the terms of anp applicable :pecial guarantee required bp th� Contract Docu- ments, sny of the vork it found to be defective or not in accordance vith the Contract Documents. the Contractor-chall correct it promptly � .after receipt of a vritten notice from the Osmer `to do so. unles: the O�mer has previouely given the Contractor a s+�cittea acceptance of such condition, describing s:me specifica2ly and not generally. Zhe Ovner shall give zuch natice pzosaptly�after discovery of the condiiion. � All such defective or non-conforming Work under the preceding para- graphe eha21 be removed from the site ahere aecessary, and the vork ahall be correcxed to comply srith the Contract Docu�sents vithout coct to the Ovner. . � The Contrector ehall bear the cost of making good all Work of ceparate contractors dertroyed or d amaged�by auch removal or correctioa. If the Contractor does not rrmove avch defective or aon-conforming vork Within a reasonabl� time .fixed by aritteA notice from the Archit�ct or ti�e OWaer� the Ovner mhy remove it snd�may store the materials or �equipm�nt st the expease of .the Contzsctor. If .the Contractor doeo no[ pay the cost of such removal and otornge vithin ten dayz there:fter� the Owner s�y upon Len additional day:! vritcen notice cell cuch vork :t auction or at private sale and ohall sccount for the net proceeds thereof, after d�ducting all the cortc that chould have beea borne by the Contractor including compencstion for additional Architectural Service�. If �uch, proceed� of sale do uot cover a12�costz vhich the Contractor should hnve borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be iosued.. If tbc ptytaeats tt�en or tfiereafter due the Contr:�tor :r� not sufficieat to cover sach-�mount, tbe Coatractor shili psy the difference to the Ovc�er. . . If tbe Contractor fails to correct euch defective or nan-conforming vork, the O�mer�may correct it�ia accordaace vith Sectioa G. The obligatioa of the Contrector nnder this Section �hsll be in additioa to and. not ia lia�itation of any obligetion: impo�ed upon him by special guarantees required by the Contract-Documenti or othervise preccribed by lsw. , • . . . CC-33 JUN 2 0 �s9a � � � 9 � M-3 Accept:nce of Defective or Non-ConforminR Work. If the Ocmer prefers to accept defective or non-conforming �+ork, he may do ro iactead of requiring its removal and correction, in vhich case a Change Order vill be issued to reflect an appropriate reduction ia the Coatract Sum, or� if the smount is deter�ained after final payment, it shall be paid by the Contractor. SECTiON N � TERHLHATION OF THE COIdTRACT - N-1 Termination by tt�e Contractor. �If the Work ir atopped for a period of thirty dayz under an order or any court or otbcr public authoritq hsviag jurisdiction� through no�ict or fault of the Contractor or a Subcontractor or�tbeir agents or employeea or enq other persons performing any of Lhe Work under a contract With the Contractor, or if the �rork should be stopped for a period-�of C�jirty days bq the Contractor for the Owner'� failure to make paysaent thereon aa provided in Section I, then the Contractor maq after the ead of such period of thirtq (30) days and upoa sevea (7) additional days' �rrittea notice to the Ovner and the Architect, terminate the Coutract.� H-2 Termination by the O�mer. If the Contractor is adjudged aa bankrupt, or if he makes a general assignineat for the benefit of his creditors, or if a receiver it appointed on account of his insolvency, or if the Contractor refuses, except in caces�for vhich extension of time is provided, � to supply .enough properly skilled' workmen or proper materials, or if he failz to make prompt payment to Subcontractors or for materialz or Iabor, or fails to complp vith all La�rs� St:tutes, _ Charter, Ordinaacea, Regulatioas or Orders of aay public authoritp haviag jurisdiction, or otheraise�is guiltq of a substaatial violation of a provisioa of the Contract Docucneats, thea the Ocmer, oa itc o�in initiative or upon certificatioa by the,Architect that sufficient -. cause eXist� to justify such action, may, Without prejudice to aap Yight or recnedy and after giving the Contractor and his ruretp� if any, �even (7� daya' �rritten notice, tei-�ninate the employraent of the Contraetor :nd take pocsescioa .of the site and of all materials, equipment, tools� construction eQuipcaent and machinery thereon ovned by the �Contrsctor and may finish the Work by ahatever method he may deem expedient. Ia cuch cace tt�e Contractor sh�ll not be eatitled to receive any further payment until the �tork is finiahed. If the costs of fiaishiag the Xork, iacluding canpeasatioa for the � Architect's additional services, exceed the unpaid balaace of the Contract, the Contractor shall pay the difference to the Owner. - SECTION 0 . ' . . SIGNS The Contractor shall construct and inatall the project designat£on sign as required in the Contract Doc wnents -and in etrict accordance aith the Specifications for "Project Decigaatioa Signa." Zt�ia :ign shall be a part cc-s4 JUN 2�0 1994 � � � !�I C� � of this Contract and shall be included in the Coatractor•c Bace Bid for the Project. See pages S-1 through S-3 for sign details. • S£CTION P TEMPORARY FACILITIES P-1 'ScopC. The contractor shall furaish, erect, and maintain facilities and perform temporary Work required in the performance of this Contract, iacluding those shos�n and specified. P-2 Use of Temporar,y Facilities. All temporary facilitie�s shall be made available for use by all aorkmea and subcontractors employed on tt�e � project, subject to reasonable directions by the Contractor as to their proper and most efficient utilizatioa. P-3 Maiatenance and Removal. The Contractor "shall maintain temporary D facilities in a proper� safe operating and sanitarq condition for the duration of the Contract. Upoa completioa of the Contract� all.such � temporary aork and facilities shall be removed from the premises and . disposed of unless otherWise directed or specified hereunder.� � ►AJ � � � L�J u L�J L�l l �J � P-4 Field Offices and Sheds. The Contractor shall provide a teaporary 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 fie2d office for the Citq's fie2d representative.Cbut the separate office may be in the same structure). The buildings shall afford protectioa against the aeather. and each office shall have a 2ockable door, at least one windoa, adequate electrical outlets and lighting, and a shelf large ' enough to�accommodate perusal of the project draWings. Qpenings shall have suitable Iocks. Field offices shall be maintained for the full tfine duriag the operation of the work of the Coatract. During cold weather months, the iield offices shall be �suitabiq insulated and eQuipped With a heating device to maintain 70 �degree Fahrenheit temperature duriAg'the Work day. During vara weather the offices shall be�eqvipped aith an air conditioniag device to mafntaia temperature belou 75 degrees F. Upon completioa of the work of the Contract, the Contractor shall remove the building from the premises. Ia addition to the draaing shelf, provide for�the City field representatives office: one'dezk, four chairs� plan rack and a four drawer filiag cabinet (aith lock). Each office shall coritain aot less thaa 120 square.feet of floor space. . The Contractor. shall provide and maintain storage sheds� other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Architect. Remove sheds Khen work is comp�eted, or as directed. P-S Telephoae. � The Contractor shall provide and pay fot telephone installatioa and setvice to the field offices described above. ServSce shall be maintained for the duration of operations under 'this contract. The Contractor, shall provide for and pay for aa automatic JUN 2 0 199d GC-35 e < � . telephone sntveriag device �t the site office foY the duration of the project. I�e contractor thall provide a separste telephone line� and inctrument for u�e br the City's field representatives. P-5 Toilet Facilitie:. Itie Contractor shall prov.ide proper� �anitary and adeqaate toilet facilities� for the u:e of all vorkmea and subcoatraciors tmployed ou the project. . P-7 Utilities. Coatr=ctor shall make all aecescsry arrangements and provide for temporarr vater :nd electricity required during Lhe coastruction. Contractor sbill prov'sde aad install temporary utility meter: during the coatract constructioa period. T�ese meters xill be read snd the Coatr:ctor aill be billed oa his actual use. Zt�e Coatractor th�ill provide all labor and mat�rials required to tap iato the utilitie:. The Contractor ahall make the conn�ctions :nd extend ' the service lin�s to the construction area for uce of all trades. Upon completion of the vork :11 utility lines ehall�-be�removed end repairs made to t�e exi:ting lines. Ocily utilities. at existin� voltages, � pressures, frequencies. etc. vill be available tb the Contractor. Wap ter. Provide an ample cupply of potable vater for all purpos�s of�con�truction at a point convenient to the pro3ect or ts shovn on the D=:vingc. Pipe vater from the� oource of sapply to all poiats vhere vater Will be required. Provide oufficieat hose to carry vater to ever.y required part of the coattruction nnd allov the ute of vater facilities to eubcontractort �ngaged oa the Work. Provide pumps, tanks nnd compressozc as may be required to produce required pressures. � Electric �Service. Provide adequate electric service for pover and 2ightiag�to alI pointe ahere �requized. Temporary�, electric =ervice ch:ll be of zufficient capacity aad "characterictics to supply proper current for various typec of conctruction tool:, motors, velding machin�t, Iights; heating plant�� air conditioning system� p�nnp:� and other vork reqnired. Provide �ufficient avmber of electric outlets so that SO foot long extensioa cords vill reach all vork r�quir3ag light or p0aer. Supply and�maintaia cemporary lighting so Lhat vork of all tr:de: .may be properl7 snd safely perforsced, in such areas and at :uch time that day-lightiag is inadequate. Provide at least 0.75 wattt of incande:c��nt lishting per aquare foot sad maintiin a socket voltage o� at leaet 110 volts. Use at least 100 vatt lampc. In aay �event, the iightiag inteasity shall not be lec� than 5 foot candle: in Lhe vicinity of �rork and Craffic sreas. Y-8 Fieatin�. ii�ating devices requfred under this paragrapt� shall not. be electrie. 1i�e Contrector •hall provide heat, ventilation, fu�l and servicet as required to protect all vork.and materials and to keep Lhe humidity d"oc�m to the exteat r�qvired to preveat corrotion of sny metal aad to preveaC dampnetc or mildew.�+t�ich fs.poteatially damegin� to materials and finishee. All such heating� �veritilat£on and •ervices ahall be JUN 2 0 1994 CC-36 i� I� i� � � � � � � � � � � � � � � � � G-20 Cutting and Patching G-21 Project Ctoseout G-22 Guarantee and Extended Guarantee G-23 Record Drawings G-24 Construci�on Fence G-25 Product Detiver. Storage� Hand[ing H CONTRACT TIME . H-1 Definitions H-2 Progress and Comptetion H-3 Defays and �Extension of Time H-4 Ho Damage for Delay I PAYMEt�ITS AND COMPLETION 1-9 Contract Sum I-2 Schedu(e of Values I-3 Progress Payments I-4 Certificaies for Payment I-5 Payments Withheld I-6 Failure of Payment ! 7 Substantial Compleiion and Fina1 Payment .f PROTECTION OF PERSONS AND PROPERII( J-1. Safety Precauiions and P�ograms J-2 Safety of Persons and Properiy .!-3 Emergencies K INSURANCE 0 K 1 lnsurance Required K 2 Compensation Insurance K 3 Public Liabil'cty and Pcoperly Damage Insurance K-4 Buitder's Rislc Insurance K 5 Proof of Carciage of lnsurance L CHANGES IN THE WORK L-1 Change Order L-2 Claims for Additional Cost or Time L-3 Minor Changes in the Work L-4 Field Orders M UNCOVERING AND CORRECTION OF WORK GC-41 . JCJNE 20, 1994 ,; M-1 Uncovering of Work M-2 Conection of Work . M-3 Acxeptance of Defeciive o� Non-Conforming Work N TERMINATiON OF THE CONTRACT N-1 Termination by the Contractor N 2 Termination by the Owner O SIGNS P TEMPORARY FACILITIES P-'[ Scope . - P-2 Use of Temporary Facii'�ies P-3 Maintenance and Removal P-4 Fietd Offices and Sheds � P-5 Telephone � � P-6 Toilei Faciliiies . P 7 Utilities P-8 Heaiing P-9 Temporary Constnaction, Equipment and Pcotection P-10 P�ojeci Bulteiin Board P-11 Hard Hats � ,.. • .. GC-42 � lL1NE 20,1994 Q � � a � L! � !� � � � � � � � � � � D- WEATHER TABL.E Month January Febnsary March Aprit May - June July August September October Novembe� December ANNUALl.Y Average Oays laches oi of Rain of rainfall 7 i.80 7 2.36 7 254 8 4.30 8 4.47 8 3.05 � 5 � � 1.84 5 226 7 3.15 5 268 s 2.03 6 '(.82 77 32.30 SnowAce Peflets 1 . f 0 0 0 0 0 . 0 0 � f 1 (1} � Mean number of days rainfa(I; 0.01" o� more . (2} Average noRna! precip'ctation� in inches � {3) Mean �umber of days 1.O lnch or more • Less than 0.5 inches This table is based on information repo�ted from Dailas-Fort Woith Regional Aitport, Texas. Latitude 32 deg 54 min north� tongitude 97 deg 02 min West, elevation (grouncQ 551 ft Means a�e based on �eco�ds coveti�g a perioc! of 27 years. Normals based on record of 1941-1970 � period. . . - This table is to be used as a basis fo� calcutation of excess rain oc weather days %r p�ojects with duration i� calendar days. tE the site �ecords ind'�cate that the CoRtractoc was uctable to carry out operation's due to weathe�� it is count�d as a weatt�e� day. ff the number of weathe� days exceeds t#�e number of average rain days pius the snow�cepeliet days for a given month, the contract pe�iod will be adjusted by Change Order._ . WT-'t L� � L! I � �� •J L�J l� � LJ � LJ L� L�1 �1 � LsJ � � If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If eondition (2) above is met at any time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the expiration of the six month period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Transportation and Pub(ic Works Department contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract 9. CONTRACTOR'S WARRANTY: The Contractor agrees to warrant his work and materiafs provided in accordance with this contract and the terms of the Special Provisions contained herein. Unless supplemented by the Special Provisions, the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of flnal acceptance. The Contractor further agrees to bear all costs of making good all work which is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. 10. INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor,� not as an officer, agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the work and services performed hereunder, and all persons pertorming same, and Contractor shall be solely responsible for the acts and omissions 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. 11. SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful pertormance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. 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, (1) the name of the surety should be included on the current U. S. Treasury List of Acceptable Securities [Circular 570]. Any surety authorized to do business in Texas a 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. SC-3 12/03/97 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. 12. INDEMNIFICATION: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend City of Fort Worth and the Construction Manager, their officers, agents, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, Including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the City of Fort Worth; and said Contractor does hereby covenant and agree to assume all liability and responsibility of City of Fort Worth, their officers, agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees and invitees whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the City of Fort Worth. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless City of Fort Worth from and against any and all injuries, loss or damages to property of the City of Fort Worth during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the City of Fort Worth. 13. INSURANCE: Section K of the General Conditions is replaced with the following: 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. K-2 Workers' Compensation Insurance. The Contractor shall procure and maintain during the term of this Contract, statutory Workers' Compensation Insurance for all of his employees at the site of the Project, and in case any work is sublet, the Contractor shall require the Subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the Workers' Compensation Insurance maintained by the Contractor. Employer's Liability shall be included and such insurance shall be maintained at the $500,000 limit for each accident, disease-each employee, disease-policy limit. K-3 Liabilitv Insurance. The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him, the City of Fort Worth and any Subcontractor performing work covered by this Contract, from claims of damage which may arise from operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: SC-4 12/03/97 � � � �j r� � � J � �1 J � J �� + � � a) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. b) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 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 malicious mischief, at a limit equal to 100% of the Contract Sum. The policy shall include coverage for flood and earthquake plus for materials and supplies while in transit and while being stored on or off site. Different sublimits for these - coverages shall be approved by the City. Consequential damage due to faulry 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 Carriaqe of Insurance. The Contractor shall provide a certiflcate of insurance documenting the Transportation and Public Works Department, City of Fort Worth as a"Certificate Holder", and noting �the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents an/or insurers for the Contractor's insurance coverages specified for the project(s). K-6 Other Insurance Related Reauirements. 1. The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies. � 2. Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3. Insurers of policies maintained by Contractor and its subcontractor(s), if � applicable, shall be authorized to do business in the State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. � �� f�� j 4. Deductible limits on insurance policies and/or self insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. 5. The City of Fort Worth shall be notified in writing a minimum of thirty (30) 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. SC-5 12/03/97 6. Fuli limits of insurance required in Subsection K-3 of. this Section shall be available for claims arising out of this Contract with the City of Fort Worth. 7. Certificates of insurance shall be provided by the Contractor to the City p�ior 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 poticy 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. Company shall agree to either require its contractors to maintain the same insurance coverages and limits thereof as specified herein or such coverage on the Company's Contractors shall be provided by the Company. 14. GOVERNING LAWS: It is mutually agr2ed 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. 15. 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. 16. COMPLIANCE WITH LAWS: Contractor agrees the comply with all laws, Federal, state and local, including all ordinances, rules and regulations of the Ciry of Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. Necessary permits for the project will be paid for and obtained by the Contractor. Contractor. Contractor shall be responsible for all other fees, including license fees, and for all non-City permits which may be required for this Project. 17. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW: Contractor agrees to provide the City of Fort Worth a certificate of insurance documenting that it has obtained a policy of Workers Compensation Insurance covering each of its employees working on the Project in compliance with State law. No Notice to Proceed will be issued until the SC-6 . 12/03/97 �I �I �J � I� .Contractor has complied with this condition. The Contractor shall ensure that its subcontractors' employees working on the Project are covered by workers' compensation insurance. !n Section.K 2. page GC-29, add the following: "The Contractor shall provide the City of Fort Worth a certificate that it has obtained, or has been provided proof by its subcontractors, that a policy of workers compensation insurance covering each of its and its subcontractor's employees employed on the project." � Contractor shall provide a copy of a tetter (see Form CC - 2) from all subcontractors with no employees, who can not meet requirements for "Workman's Compensation Insurance". Contractor shall include executed Forms CC - 2 in the contract at the time of execution as needed. �•J '�J u �� I u LJ 18. AGE: tn accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicita- tions or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmles�� 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 pertormance of this agreement. � 19. 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 D 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's 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. ILJ .L� 20. MINIMUM WAGE: The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set forth by the City of Fort Worth, Texas, a copy of which is attached hereto an made a part hereof the same as if it were copies verbatim herein. 21. MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall a 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 � � SC-7 12/03/97 which may be found shall be _submitted to the Architect for consideration and adjustment before proceeding with the project. 22. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressiy stated or not that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The contractor shall verify that components containing lead do not contact the potable water supply. 23. OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following appticable p.ercentage 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 1� 5%). 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 1( 0%). 24. CORRELATION AND INTENT: Add the following to Section A, GC-2: A-11 In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict, or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small scale drawings. Drawings showing locations of equipment, piping, duct-work, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. 25. FIELD OFFICES AND SHEDS: The Contractor is not required to provide a temporary field office or Telephone. Contractor shall equip Project Representative with a pager and provide 24 hour contacts to the City. � 26. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) WAIVED 27. VENUE: Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County, Texas. " SC-8 12/03/97 'l J aINDEX TO � SUPPLEMENTARY COND(TIONS � 1. FAtLURE TO COMMENCE WORK 2. SUBLETTING 0 3. CONTRACT ADMINISTRATION 4. CHANGES '�. RIGHT TO AUDIT 6. LiQUIDATED DAMAGES � � 7. TERMINATION 8. UNRESOLVED CLAIMS 9. CONTRACTORS WARRANTY j''� 10. INDEPENDENT CONTRACTOR u 11. SURETY BONDS 12. INDEMNIFICATION � 13. INSURANCE . 14. GOVERNING LAWS 15. SAFE WORK PRACTICES 16. COMPLIANCE WITH LAWS � 17. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW 18. AGE 19. DISABILITY � 20. MINIMUM WAGE 21. MEASUREMENTS " 22. HAZARDOUS MATERIAL CERTIFICATION � 23. OVERHEAD ALLOWANCES FOR CHANGES 24. CORRELATION�AND INTENT 25. FIELD OFFICES AND SHEDS 26. .. MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) WAIVED � 27. VENUE 00000 J � � �� { J � J L�J SC-9 12/03/97 �� . � � � � � � � Q � � � � � L� � � � � � � 1994 BIIILDING & CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION HRLY. RATE BUILDING TRADES AIR CONDITIONER MECHANIC AIR CONDITIONER MECHANIC HELPER BRICKLAYER/STONE MASON BRICKLAYER/STONE MASON HELPER CARPENTER CARPENTER HELPER CONCRETE FINISHER CONCRETE FINISHER HELPER CONCRETE FORM BUILDER CONCRETE FORM BUILDER HELPER DRYWALL INSTALLER DRYWALL INSTALLER HELPER DRYWALL TAPER ELECTRICIAN (JOURNEY) ELECTRICIAN HELPER E�ECTRONIC TECHNICIAN FLOOR LAYER (RESILIENT} FLOOR LAYER (CARPET) FLOOR LAYER HELPER GLAZIER . GLAZIER HELPER INSULATOR INSULATOR HELPER LATHER- METAL BUILDING ASSEMBLER METAL BUILDING ASSEMBLER HELPER PAINTER � ' PAINTER HELPER PLASTERER PLASTERER HELPER PLUMBER/ PIPE FITTER PLUMBER/ PIPE FITTER HELPER REINFORCING STEEL SETTER � REINFORCING STEEL SETTER HELPER ROOFER ROOFER HELPER . SHEET METAL WORKER � SHEET METAL WORKER HELPER SPRIKKLER SYSTEM INSTALLER STEEL WORKER STRUCTURAL STEEL WORKER STRUCTURAL HELPER LABORER SKILLED LABORER COMMON $13.86 $6.64 $13.56 $8.29 $10.68 $8.�2 511.51 $8.38 $10.36 $7.58 $11.93 $7.55 $10.29 $13.60 $8.22 $8.75 $13.17 $13.17 $6.44 $12.10 $7.26 $10.83 $8.70 $15.83 $9.06 $7.22 $10.20 $6.52 $15.48 $9.00 $12.18 $8.57 $9.77 $6.98 $10.49 $7.95 $10.47 $7.34 $9.72 $13.24 $8.40 57.65 $6.47 1994 BIIILDING & CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION . EQUIPMENT OPERATORS CRANE, CLAMSHELL, BACK HOE, DERRICK, DRAG LINE, SHOVEL FORKLIFT FOUNDATION DRILL OPERATOR FRONT END LOADER TRUCK DRIVER WELDER WELDER HELPER HRLY. RATE $10.20 $10.20 $9.27 $10.53 $9.89 $8.06 $11.83 $8.59 Il ' � �I�� CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the /�Y � day of ,ll� AD, 19�, by and between the CITY OF FORT WORTH, a municipal corporation of T rran�County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, hereinafter called OWNER, and Custom Services of the City of Oak Leaf County of Ellis 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: � � � � � �� REPLACE ENCLOSURE PANELS AND HOODS ON ROOF TOP UNITS AMON G. CARTER EXHIBIT HALL WILL ROGERS MEMORIAL CENTER That the work herein contemplated shall consist of fumishing 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. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Director of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 60 calendar days. The agreed upon total contract amount shall be � 11,970.00. � The Contractor will provide a Certificate of Insurance listing the City of Fort Worth & Transportation and Public Works Department as certificate holder, showing the required General Contractors Liability coverage, Auto Liability, Builder's Risk and Workmen's Compensa6on coverage. tf this Contract is in excess of $25,000, the Contractor shall provide Payment Bond. If the Contract is in excess of $100,000 Contractors � shall provide both Payment and Performance Bonds for the full amount of the Contract. Contractor shall . apply for all City for Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. l�J � � L!I'� City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. C-1 ul � J If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi- tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the Supplemental_ Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. ' � IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in SIX 5 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fo Worth attached. The Contractor has executed this instrument through its duly authorized officers in SIX �unterparts with its corporate seal attached. � ��G� Y �� ' AD 19_ �� . Done in Fort Worth, Texas, this the da of _ �� P , , �( � � � �/'i I'�% . l ,o�u � �- �' Contractor � By: � � �� '� � J `l I� J �� 0 � 6,., a e � lXd,//h /.y Office APPRO' By: APPROV RECOMMENDED: .RECORDED: �� - n . � By: ��d'�.�-�. � nspor#ation and Public Works ,i3ORIAP$ARSON � City Secretary APPROVED AS TO FORM AND LEGALITY: By: �--� Assistant ' Attomey C-2 � a >- 99 Date `�w n�c.�� t�m. �. �a..� Contract Authorization L�ate � Assistant City Manager ,.... . .... . � � ■I � � � �1 ,� � �J CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor= Custom Services certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Renlace Enclosure Panels and Hoods on Roof Top Units — Amon G. Carter Exhibit Hall, Will Rogers Memorial Center project number, . �.� 1I.•� Y �1]_011 �_�:_I:T.� COUNTY OF TARRANT �� 3 By: - � f�'`y,- �� T� a, �� Date BEFORE ME, the undersigned authority, on this �day personally appeared � �,l i ffn�l I- � Sche�' , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that � he executed the same as the act and deed of C�,l,lS�On'l �2.(' V � CP 5 , for the � purposes and considerations therein expressed and in the capacity therein stated. � CI �•,� I �.I CI� Lill GIVEN IJNDER MY HAND AND SEAL OF OFFICE this q�� day of �CY1 ,19 q� . - - �/i/ � �, �, F =osA".""a�� KW,F� ANN DINEEN �;FA� .� NO'1`ARY PUBLIC Notary Public in and for the State of�Texas ;� �• •.�= S'1'ATE OF TEXAS ' `'�:,��tP My Commission Expires 5-13-2000 c� _ Fw_..___._......._..� __________ (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 A:13WORKCOM.FRM L! 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. � � � � �7 C"-� C`1 C,] � C,,� � � C;� � � �"'� G7 �"....a � � ,:, �,,,,,,,, ��,,,,,,,�,� �� „ „ „ .,,,� � � ��Nf;INI!, ' IHf� � : ' „-1+�4{+!+�'N�! � � Rfii:��f�i ill! ��' lJ iunn unnnui _______ �_ ..,,,..�..., ____ �__ �.-- � � \ �— L.� C7 O 1 �iuuu��lui uuu� " •••eano. itiTfI1�TTTTriI�Ti �P`` � ••l•`� ��i�.�w'�oIw''fI!''''�' ' •�: •�• ,' �TIP-�TTTTTT • � Q � � .. . ,.. ,,, �� oy � � f"�'!�'I i�� r 'TITin'7 i iii n `� .... � � D � l� . � �ii i�TRiTI �l � i—�r � � � 0 "uwi„�°°�a,,,M '�0 � ��i , O m.rN .1� � / � , B . i� . �nc�n�hnnc�� • �i�iiu�n i wi�ii i'- �^ a� C. ii��r . .�"iCJ' ' � I �Ti��. � � 0 ��., .� � �� ' ' ' • ' ' .r�. ,.a E L ..o.aww.ti.ti � i � y �..n .0 � �Mo"N LAlL?'�� °°� j��' a�. .a.. ro � ;, � `� , T" �}�ifi iH�L �� '{�� O � ' 1 1 • , • K+N�` , ��LL.�11� � �� MICl!��---- � � � I � � (ee�i' �: I I �6i� � � 41 � J i � � G, � � L�J ( R� C-7 � r^� ."b' �'� � O � �I �01AIMM1 t' '�00�, � 1 � a z r ,�� .��U, ��o • � „r'� �] O �� v «m�rriu�o.i � Q � � �°a �� a��' C � d � � x �i � d � �� _ � �� _ .uin. � : � + �... —_ 4 ! � � __ � .� � �, � , � 5 gs � � � _ � � .�„�o � � � � D x � - 3 � '� �� s � .�i � � �� .l1ll1L'�1U1:1�1t11�1!:�1L:CLtll � .� . � �+��i,�ii�iu;�ify :,;�,., ,�.,� ! . ..ill(I �,�;,,;u � , , ,,;�w,�, , _ 'lil�i Ilil�liiu i � � �n i. �.�in � = ,�f!�+�1HI4,'��fF Hf;i�WfN ;' �, ; . ' ly I 1 1 i 1 I = u,�,�l�}��?f:��l...� � �� .:�,'�u!fi'.!i ; = :��,:ff.�„�}�; ,��,� .� , � _ !fiL i �� ni / ii��Piiii�n�Tl �i� � i 1� __ III!Illllilllllll!II I'llllll!IIII � _ - ni..iiti!��jimTl , � �� m�rr-r �+�« � �� . ,�, ,,, . t . ..... � � � i ��i �' ``� h� i n� u u.� ��ll .i'I ! '1 I 1 I I�il WILL ROGERS MEMORIAL CENTER � \ 11111W�t.�i�n��ii ��r!tii ,...(� � Nacn . � � I uuniuiniwuun I gi�B � �.M�:' � _ �� „ � � �� ""1"''""""."'. = � � $} # �;�.:.�L>:...�..�. " � � '� o • �_ ..�....,...a.0 ,a« M,..,.,, 1�.�..�..�.... W � t, ,.. ��i '�� 7 SL+ •` '!1'vYu'ay��tiugs.f�+'Uu , y = � .e..n � �I I� � �� 1 {J € _ � � :�,; � �t-#�#�� = � � � ' I - - - ' - - i rr,q�DIUPRn��l(` �JulrL�u(�r�l(� �i .a� :,�� ' � � '' �- �� I �» ��—' .� __ �•� o F• � ' �N+H+�) � � Q �lr� � r;a•,�-� . � lrrmr,rr� hn ,!a G"'�r �'�----� � IM� �„y L'__'� ,/'.. 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(l Climtte mnUoUed ttAibit tprc� � meetla� roams•dtm�te eontroQ�d � tqLL�ble sho.. ofR�•dlmHe tonirotled W.R��,�,�� 100' z 200'tlim�te contraUed um� 99epetm�nenlu�u LtVFSTO(.'K DARNS Cmdn� oferlq �cres ! ronnectedbuitdin�, LI661o41 atUe ee� F�,��,.: Gqdry fon9Do to's 1D'�fdb Gnle pem npibi� ntl�ousfn� L000 nWe Endosed tunne! �nd thlelded routa tw mo+n�.� Uvestak beMeea bu0dinp t2 petminent w�sA �Sdif Oo•sfle veteMnu� clinit C�pulq for over 100 ReaaUond t2hides (RPst Will Rogen Memorial Centet One Amon Gder Square Fort Worth, Texas 7610� evnn-e�so Fax 617•87l•8170