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Home My WebLink About025392 - Construction-Related - Contract - Infinity Contractors, Inc.-, � � � �• , � � � .,, � � � � � � � CITY SECRETARY �'�"" ��` � ' • C�NTRACT N� . ¢�r"J—y� �� Co �� THE CITY OF FORT WORTH TEXAS R ��a`'"�A�'��'s�o��,"�� ..__ .=..,.C�TI o�t.R:TA�Y _-.Lw.,...r..._ �.sifY bi.rt�A�t;Ek'S OfFtC� : Property Room Air Handlin I�i�t-��'�E`�"� �iV. . . , � . . ....� e,�;� _ F,i� t;oiiY ; o ice Admin�stration Buildir�g -_ � . , 350 West Belknap l� � �� -- �--�--- �R� � �� . .�_ � :� ,� : --•�., .�► :.�.� KENNETH BARR MAYOR BOB TERRELL CITY MANAGER HUGO MALANGA, P. E. DIRECTOR, TRANSP4RTATION AND PUBLIC WORKS THOMAS R. WINDHAM CHIEF OF POLICE RPGA Architects � OCTOBER, 1999 � � LJ ��Il�d �'��"�.�� r ��i ��'G��G;y��Y t'1. aO�NJ��Wd UlS.�n�.o ��(��BQ:�. �'�'' ,. ,. 1 �� 0 tl c��lsr:; U�.: . �a �Gr'��Ip UIS�:. 5 � � � � _I� _il � � � !1 � � J � J J � � � THE CITY OF FORT WORTH, TEXAS Property Room Air Handling Unit Police Administration Building 350 West Belknap Fo�r oTH R R. � �_ �, �� _..� KENNETH BARR MAYOR � �( � � ��PAOMAS R. W[NDHAM CHIEF IC GA O LL SUPERI ENDE T, BUILDING SERV[CES DIVISION �� M1KE MATHEWS, P.E. CHIEF, ARCHITECTURAL SERVICES SECTION BOB TERRELL CITY MANAGER `� ' J ' ! � DATE �I�r9� �DATE &�� DATE HUGO MALANGA, P. E. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS THOMAS R. WINDHAM CHIEF OF POLICE Architectural Services Section, TPW AUGUST 1999 � � � J NOTICE TO BIDDERS Sealed bids for Property Room Air Handling Unit at the Police Administration Building, 350 West D Belknap will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, September 9, 1999, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. � �l A Pre-Bid Conference will be held at Z:00 PM, Tuesday, August 31, 1999, at the Property Room, Police Administration Building. Participants will meet at the northwest corner of the building at the entry drive to the rear parking lot. Parking cannot be prov,ided. The Project consists of installing an air handling unit and ducting in the property room. The estimated construction cost is less than $30,000. � � Contractors will be required to post a Payment Bond and provide Contractors General Liability and Statutory Workers Compensation Coverage. . � � DCopies of the Project Manual and plans for this project may be obtained at the Department of Engineering Plans Desk, City Hall, 1000 Throckmorton Street (817.871.7910) in return for a$50 deposit for each set. For additional information contact Javier Lucio, RPGA Architects, at 332- D9477 or Robert Wood, Department of Transportation and Public Works, at 871-8088. Advertisement: August 19, 1999 DAugust 26, 1999 � � J � � � J � � � NTB - 1 D QTABLE OF CONTENTS NOTICE TO BIDDERS NTB-1 � � TABLE OF CONTENTS . TOC-1 INSTRUCTIONS TO BIDDERS ITB-1 to ITB-3 � LOCATION MAP PROPOSAL P-1 to P-2 GENERAL CONDITIONS GC-1 to GC - 24 � WEATHER TABLE WT-1 PROJECT DESIGNATION SIGNS PDS - 1 � WAGE RATES WR - 1 CONTRACT . C-1 to G2 � D PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW TOC - 1 �� li �� INSTRUCT�ONS TO BIDDERS 1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the responsiveness of a Proposal: • Use the Proposal Form provided in the Project Manual. • Entries on the Proposal Form may be handwritten or typed • Write in contract duration if not specified • Acknowledge all Addendums on the Proposal Form • Have a Principal sign the Proposal • Enclose a bid deposit of 5%. 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 MINORITY/WOMENS BUSINESS ENTERPRISE (MNVBEI WAIVED � 3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of � Fort Worth, in an amount of five (5) per cent of the bid submitted. 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 D 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 the Bidder agrees an extension. _�J � 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. D In order for a surety to be acceptable to the City, (1) the name of the surety shall be inc�uded 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 D 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. `I � ■I � � ll •J 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. If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. 6/4/99 ITB - 1 � � �� I � If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful perFormance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. BOND SURETY: Preferred sureties for bonds required for the project are included on the current U. S. Department 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). The limit of a bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company: Alternate ratings are discussed in the General Conditions. j� Su�ety must be admitted to do business in the State and have capital and surplus equal to ten U times the limit of the bond. 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. D 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. � ,, =1 � � � J eJ � � � � The Owner will not accept sureties 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. Both the Contractor and Surety Company shall properly execute each bond. 6. 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. 7. 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. 8. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents, must be paid on this project. 9. POST BID - PREAWARD SUBMITTALS: Bidders are required to submit the following information to the Architectural Services Section, Building Services Division, 3409 Harley Avenue, 817-871-8274, within five business days subsequent to bid opening (Normally Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: � Contractors Qualification Statement (AIA Form A305) Proposed Subcontractors and Suppliers 10. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 11. DISCREPANCIES AND ADDENDA: 6/4/99 ITB - 2 � �i � �� i I J !J � J � J 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. If required, the City will then prepare a written addendum that will be available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Bidders. The Contractor is responsible for determining if 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. 6idder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 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. 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 Building and Trade Permit fees are waived. Separate permits may 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 the 8idder proposes time, � 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. �J � � 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. Contractors forfeit their plan 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% may be negotiated at the request of either party. 18. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's M references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered. For all items other than reference specifications and equivalent products listed in each section, a full size sample and/or detailed product descriptions must be provided to the � architect within 14 calendar days after receipt of bid. �� J �J � 6/4/99 .. �.. ITB - 3 � oi �� C° �� Q�a . � .� 496 � � , � m � � �� . .�� f� .:. ��"� �,, . . � ,� t �` t � `. ' � . '; . , .;�.4,�� .,��!�.ta�� . . , ' , ��' � t� ua , " ,� � � � . ;;y, �� - . � �' r � . ;� ' ,� .. /\'�j\` y ,��yT M'r�'� '� � /� Y� w�' Id 4�H' 4' ' F hk�'�� „. -.. . ' ' F� .. �1 4�I �.y� ��• .� ,',% ' ,h� L,�^'p+`� �� O � ` /t0 { � , ' ' ��flt'�wsw...«ewr.ra�+" p \ ` ✓ � ti r. 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J� Qr �� g`�� . , � T g �,� `��, x:�' C� o G � �� S� r� 1 '� �� y�� ,: � � S� +,gf �� ''f;•,;,: V � 1 �� ` � � �' ^�- +;�a' � a JF`� i' � ;�< N`-/ ti°' � � �p � � � �J�SY .. [ �'� \ �t,� � �p� Cy�Q'p iQtl � • W �O � �c^��r�#�`"' � s, •,'' \ Q `.�.;;�,i�,�.,? a'. ` s� ::. ^ ryo � s'r '" ;� . "f �! � �'o 00� � � ��,� ,A . `�b �� a ;,,. ,' ` . ` �� '�� ,�\ . .�,� .�;:. ��, � ;�� . ;:�, � �� /'� � '^ T � � . � f �� J • • � � � U' � � � � � i�r � � � � � PROPOSAL T0: MR. BOB TERRELL CITY MANAGER CITY OF FORT WORTH, TEXAS FOR: PROPERTY ROOM AIR HANDLING UNIT POLICE ADMINISTRATION BUILDING 350 WEST BELKNAP CITY OF FORT WORTH Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCf21PTION OF ITEMS Total Bid: $29,925.00 The undersigned agrees to complete the Work within 90 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). Residency of Bidders: The 1985 Session of the T.exas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. �_� Non-resident vendors in place of business, are required to be bidders by state law. P-1 (give state), our principal percent lower than resident � � �' �, . , � � !■I � � � � � ,� � � � � :� , � I_I Non-resident vendors in (give state), are not required to underbid resident bidders. B. � Our principal place of business or corporate offices are in the State of Texas. " Withirt ten (10) 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 the faithful performance of ihis contact. The attached deposit check in the sum of Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MtNORITYNVOMENS BUS(NESS ENTERPRISE (M/WBE}: WAIVED RespectfuNy submitted, Infinity Contractors, Incr Company Na e gy: � Signatur� �; �,., a A l-�JL. Printed Name of Principal Address: p.0. Box 163316 Street Fort Worth TX City Phone: 817/431-6424 �12 �st o E�,�-r Title 76'161 Fax: 8��/431�7054 Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No. 3: Addendum No. 2: Addendum No. 4: P-2 � �I i � �i � � � � � J � � � � � il �.l � il GENERAL. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION City of Fort Worth, Texas Transportafion/Public Wo�ks Department Building Services DivisioMArchitecfuraf Services Secfion SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General Conditions, Special Conditions, Specifications, Plans, Bonds and ail Addenda, Amendments signed by ali parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Oocuments can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK. By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals by the Contractor and the Owner in such form as may be prescribed by law. A-5 FAMILIARITY WITH PROPOSED WORK. Before filing a bid, the bidder shall examine carefully the proposal, plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions�actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract, the intention of the Contract Documents being to provide for all labor, supervision, materials, equipment and other items necessary for the proper execution and completion of the Work. Words that have well recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Oivisions, Sections, Articles, or other Subdivisions shall not be binding upon the contractor in dividing the work among Subcontractors or Trades. E � 6/28/99 �, �! A-8 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor, or Owner, and wiil be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor or materialsman, or involving any question of fault or liability of any party, the decision of the Owner shail be final and binding. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and, Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner of the Architect are and shall remain the property of the Owner. They are not to be used on any other project and, with the exception of one Contract set for each Party to the Contract, are to be returned to the Owner on request at the completion of the work. A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth has goals for the participation of disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included. A-11 CORRELATION AND INTENT. In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or fncluded. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, pfping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. GC-1 � � �] � J � aJ � � J !'J � � � � J SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION. Where the term "ArchitecY' is used in the "General Conditions of the Contract for Construction", it shall refer to the Director, Transportation and Public Works or his designated Project Manager. The Director, Transportation will designate a Project Manager and Construction Manager to administer this contract and perform the functions of the "ArchitecY' as indicated in the General Conditions. The design architect may also be designated to perform the duties of "ArchitecY'. B-2 TERMINATION AND SUSPENSION OF WORK; The Owner has the right to terminate the Project for any reason. If the project is terminated, the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate ali orders and subcontracts to the exte�t that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shail not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its ciaim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract B-3 DUTIES OF THE ARCHITECT As used herein, the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF �THE OWNER The Architect will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents uniess changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonabie times. B-5 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation � and progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations, the Architect will keep the Owner informed of 6/28/99 the progress of the Work and wiil endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contracior's applications for payments, the Architect will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS. The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by•the Contractor, subject to the final decision of the Owner. The ArchitecYs decisions in •matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK. The Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in its reasonable opinion, the Architect considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Architect will have authority to require the Contracior to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT. Sho� Drawinos. The Architect wili review Shop Drawings and Samples as provided in Section D. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. ChanQe Orders. Change Orders and Field Orders for Minor Changes in the Work wil� be issued by the Owner through the Architect in accordance with the provisions of Section L. Guarantees. The Architect will receive on behalf of the Owner ail written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Architect five copies of each guarantee. The Architect will provide three copies of each guarantee to the Owner. Insoections. The Architect will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. Ooeration and Maintenance Manuais. The Architect will receive on behalf of the Owner, six copies of alI applicable equipment insta�lation, operation, and maintenance brochures and manuals required of the Contractor. The Architect will provide three copies of this information to the Owner. B-9 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER GC-2 � u � L!'J � � ��J � � �� l� � � �� C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public Works Department and members of the 8uilding Services Division. Generally speaking a designated representative will be identified from within the Building Services Division to act as a point of contact for day to day contract administration. C-2 DUTIES OF THE OWNER. The Owner sha{i furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's suroey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable prompfness at the request of the Cont�actor. C-3 INSTRUCTIONS. The Owner shall issue ali instructions to the Contractor through the Architect. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS. The Owner and the Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and reports provided by the Architect concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reflect work tfiat does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper reatization of the intent of the Plans and Specifications, the Owner will have authority to require the Contractor to stop the work or any portion thereof, or to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the Contractor and Architect that the Work is substantially complete, the Ownec will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list to be prepared by the Architect and attached to the AIA document G704, which is to be prepared and signed by the Contractor, and accepted, approved and signed by the Owner. �6/28/99 �I C-8 RIGHT TO AUDIT: Contractor agrees that the City shalf, untif the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of 1he contractor involving transactions relating to this contract. Contractor further agrees to include in a11 his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after finai payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, invoiving transactions to the subcontract. The term "subcontracY' as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. SECTION D CONTRACTOR D-1 IDENTIFICATION. The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR., Contractor shall perform all work and services hereunder as an independent contractor, not as an o�cer, agent, or employee of the City. Contractor shall have exclusive controi of and the exclusive right to control the details of the work and services performed hereunder, and all persons pesforming same, and Contractor shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein sh�ll be construed as creating a partnership or ]oint enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not appiy. D-3 SUBLETTING: It is fu�ther agreed that the performance of this Contract, either in whole or in part, sha11 not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Wortfi. D-4 REVIEW OF CONTRACT DOCUMENTS,. The Contractor sha11 carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and tnterpretations. D-5 SUPERVISION. The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materia�s, equipment, tools, construction equipment and machinery, water, heat, utilities, GC-3 � � � �J J � � iJ � � J J !J � � � � � J transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materia�men. The general condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside local area. The Contractor shail at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 PREVAILING WAGE RATE. The Contractor agrees to pay not less than the general prevailing rate of per diem wages for Work of a similar character in the locality in which the Work is performed, and not less than the general prevailing wage of per diem wages for a Iegal holiday and overtime work to all laborers, workmen and mechanics employed on the Work under this Contract. The Contractor agrees to pay at least the miriimum wage per hour for all labor as ttie same is classified and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. D-8 WARRANTY. The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shali be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES. The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. D-10 LICENSES. NOTICES AND FEES. The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect, the Contractor will assume full responsibility therefor and bear all costs attributable thereto. D-11 CASH ALLOWANCES. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and ali applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the 6/28/99 GC-4 original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Architect may direct, but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. D-12 SUPERINTENDENT. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS. The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the compietion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a paR hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE. The Contractor, immediately after being awarded the contract, shall prepare and submit for the ArchitecYs approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the ArchitecYs approval. it shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The progress schedule shall be updated at least monthly by the contractor and submitted to the Architect for approval with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE. The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to � � D D � D J sl � � J � � � � � � � record all changes made during construction, shall be delivered to the Architect upon completion of the Work, and the Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the work. D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the Contractor shali inform the Architect in writing of any deviation in the Shop Drawings or Sampies from the'requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The ArchitecYs approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shali direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation as authorized in Paragraph A-2, Architect's approval shall not relieve the Contractor from responsibitity for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shali be commenced until the Architect has approved the submitta�. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. ] 6/28/99 � GC-5 D-18 SITE USE. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the work by the City Councfi of the City of Fort Worth, the entire site of the Work shall be under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Contractor shall rebuild, repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance. D-19 SAFE WORK PRACTICES. The Contractor shali employ safe practices in handling materials and equipment used in performing required work so as to in'sure the safety of his workmen, City employees and the public. The Contractor shali 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 weli 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. D-20 FIELD OFFICES AND SHEDS. The Contractor is not required to provide a temporary field office or telephone for projects under $500,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. D-21 CUTTING ANO PATCHING OF WORK. The Contractor shali do all cutting, fitting or patching of his Work that may required to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. D-22 CLEAN UP. The Contractor at all times shall keep the premfses free from accumulation of waste materials or rubbish. At the completion of the Work he shall remove ali his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials, and shall clean ali glass surfaces and leave the Work "Broom-clean" or its equivalent, except at otherwise specified. In addition to removai of rubbish and leaving the buildings "broom-clean", Contractor shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrauo floors. If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-23 COMMUNICATIONS. As a general rule, the Contractor shall forward all communications to the Owner through the Architect, and in all other instances the Contractor shall furnish the Architect a copy of any communication sent directly to the Owner. SECTION E SUBCONTRACTORS E-1 DEFINITION. A Subcontractor is a person or organization who has a direct contract with the Contractor to perform any of the Worfc at the site. The term Subcontractor is referred to throughout the Contract Documents as if � L!J C� C C �' L"_'J L�'J L�J L�1 L�J l!J � I� L�'J L*J �� singular in number and mascuiine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall ereate any contractual relation between the Owner and the Architect and any subcontractor or any of his sub- subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS. The bidder shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of� the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If, prior to the award of the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, accept the bid or he may disqualify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TEi2MS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub-subcontractors) which shall contain provisions that: 1. preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work io be performed under the subcontract so that the subcontracti�g thereof will not prejudice such rights; 2. require that such Work be performed in accordance with the requirements of the Contract Documents; 3. require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment; 4. require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub- subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. waive ali rights the contracting parties may have against one another for damages caused by fire or � 6/28/99 � GC-6 other perils covered by the propeRy insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner, and, 6. obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shali be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub-contract. E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBEI. Should the base bid be less than $25,000, the requirements of this section do not apply. In accordance with City of Fort Worth Ordinance No 11923, the City of Fort Worth sets goals for the participation of minority business enterprises and women business enterprises in City contracts. Ordinance No 11923 is incorporated in these Specifications by reference. A copy of the Ordinance may be obtained from the O�ce of the City Secretary. Failure to comply with the Ordinance shall be a materiai breach of contract. The M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM and GOOD FAITH EFFORT FORM, as applicable, must be submitted within five city business days after bid opening. Failure to submit the post bid information shall render the bid non-responsive. The City wili consider the contractor's performance on other City Projects regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's MlWBE program, or to demonstrate a"good faith efforP', shall result in a bid being considered irresponsible. Upon request, Contractor must provide the City with complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in iYs possession that will substantiate the actual work performed by an M/ WBE. The misrepresentation of acts (other than a negfigent misrepresentation) and/or the commission of fraud by the Contractor wili be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. FuRher any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the Construction Manager. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goais. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. � � � J �l J � D � J � J � `I J � •J � Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/VVBE shall be given an opportunity to perform the worlc. Whenever a change order is in excess of 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contractor shall: 1. Make no unjustified changes of deletions in iYs M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the contractor had represented he would perform with his forces, the contractor shall notify the City before subcontracts or purchase orders are iet, and shali be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: 1. Failure of subcontractor to provide evidence of coverage by Workers' Compensation Insurance 2. Failure of subcontractor to provide required general liability or other insurance. 3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan 4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract. Other reasons at the discretion of the M/V11BE Coordinator Within ten days after final payment from the City the contractor shall provide the M/WBE O�ce with documentation to reflect finai participation of each M/WBE subcontractor and supplier used on the project. E-5 PAYMENTS TO SUBCONTRACTORS. The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Architect refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued, for his Work to the extent completed, less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Architect may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding � 6/28/99 D GC-7 percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contract are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shali be the contractor who signs each separate contract. F-2 MUTUAL � RESPONSIBILITY OF CONTRACTORS. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The Contractor shalt do all cutting, fitting or patching of his Work that m2y be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS � � --, � � � � � !I D � D � � � !1 � J G-1 CONFLICT OF LAWS. The law of the place where the site is located shali govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materiais used. He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by himself, his employees, agents or subcontractors. G-2 GOVERNING LAWS. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort WoRh and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or wiliful wrong. G-4 COMPLIANCE WITH LAWS. Contractor agrees the comply with all laws, Federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. Contractors are responsible for obtaining construction permits from the goveming agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction manager weekly. Building, plumbing, electrical and mechanical building permits are issued without- charge. Water and sewer access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negli�ence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv. damaae or death is caused. in whole or in oart, bv the nepliaence or alleaed nealioence of Owner. its o�cers. servants. or emplovees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such iniury or damaae is caused in whole or in part bv the nealiaence or a!leaed nealipence of Owner. its o�cers. servants or emolovees. � 6/28/99 � GC-8 In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the c�aim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto, tlieir Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000. The Contractor agrees, on the 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 performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Wo'rth. 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 570j. 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. 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. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in � � D � � �II ■I D �� J ■I � � � � � � � accordance with the Contract Documents or faiis to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the ArchitecYs additional services made necessary by such default, neglect or failure. If the payments then or the�eafter due the Contractor are nod sufficient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shail be responsibfe for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; however, if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shail be responsibie for such loss unless he promptly gives such information to Architect. G-11 TESTS. If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be inspected, tested or approved, the Contractor shali give the Architect timely notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection, tests and approvals unless otherwise provided. If after the commencement of the Work, the Owner or Architect determine that any Work requires special inspection, testing or approval not included above, the Owner or the Architect, upon written authorization from the Owner, will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to. comply (1) with the requirements of the Contract Documents or (2) with respect to the performance of the work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the ArchitecYs additional services made necessary by such costs; otherwise the Owner shail bear such costs, and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection, testing or approval, and three copies will be promptly delivered by him to the Architect. The Architect will review the certificates and forward one copy of each with his recommendation(s) to the Owner. If the Architect or Owner wish to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable, at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES. The Contractor shall perform the work under this Contract with a minimum of outage time for a�l utilities. Interruption shall be by approved sections of the utility. In 6/28/99 GC-9 some cases, the Contractor may be required to perform the work while the existing utifity is in service The existing utiiity service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in writing at ieast ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an interruption may not be subject to schedule at the time desired by the Contractor. In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shali be as approved by the Owner. G-13 LAYING OUT WORK. The Contractor shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contraclor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the �ocation and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work, the Contractor shall carefully compare and check all Architectural, Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the contractors sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the buiiding 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 which may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as required, whether or no shown or specified at the contracto�'s sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. it shall be the responsibility of the Contractor J � D �II `J J � D D � � � � � � �'J � � � � to make certain in the installation of jointed floor, wali and ceiling materials that: 1. preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers, light fixtures, equipment, etc. If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 IN7EGRATING EXISTING WORK. The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to an from existing adjacent facilities. Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shalt be replaced, repaired and restored to its original condition at no cost to the Owner. G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The contractor shall verify that components containing lead do no4 contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be brought to the ArchitecYs attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the ArchitecPs approval. He shall remove and relocate such items at his own expense if so directed by the Architect. Where possible uniform margins are to be maintained between parallel lines and or adjacent wall, floor or ceiling surfaces. G-20 OVERLOADING. The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shall be construed to D6,28,99 � GC-10 mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun. G-22 CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the work. At completion of work, the General Contractor shall, immediately prior to final inspection of complete building, execute the following finaf cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base, and vacuum carpeting. 2. Dust aU metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walis. 5. Dust, and if necessary wash, all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and poiished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright, clean and polished. Cost of this cleaning work shall be borne by Contractor. 10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROI.. Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. � � � � � � 1 �. ' 1 � � �� ' I G-24 FIRE PROTECTION. The contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen. All scrap materiats, rubbish and trash shall be removed daily from in and about the buiiding and shall not be permitted to be scattered on adjacent propeRy. Suitable storage space shall be provided outside the immediate buiiding area for storing flammable materials and paints; no storage wiil be permitted in the building. Excess flammable• liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas welding or cutting work is done, interposed shields of incombustible materiai shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. The Contractor shail provide fire extinguishers in accordance with the recommendations and NFPA Builetins Nos. 10 and 241. However, in a.11 cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUl"TING AND PATCHING. Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT. Final Ins�ection. Record Drawinas: Attention is called to General Conditions Section 1 entitled, "Payments and Completion." Maintenance Manual: Sheets shall be 8'/i' x 11", except pull out sheets may be neatly folded to 8'/s " x 11". Manuals shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain: 1) Name, address and trade of all sub-contractors. 2) 3) 4) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative, for each piece of operative equipment. Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical panels, service entrance equipment and light fixtures. Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, other materials. Submit six copies of Maintenance Manual, prior to request for final payment. Ooerational ins�ection and Maintenance Instruction: The Contractor shall provide at his expense, competent 6/28/99 GC-11 manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. Thfs requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain portions of work, are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Guarantees shall become valid and operative. and commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or his successor(s) in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturers normal extended warrantees, the Contractor shall warrant al� work materials, and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment, one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified iii the Contract Documents. The annotated documents shall be delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in addition, the actual location of all sub-surface utility lines, average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE. At the Contractor's option, he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. l�, CI �I LJ � �I C ['i. C LiJ � u �J � I� i`�� I� �� G-30 PRODUCT DELIVERY. STORAGE. HANDLING.. The Contractor shall handle, store and protect materials and products, inciuding fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedutes so as to minimize unnecessary long-term storage at project site prior to installation. G-31 AGE: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement pian or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontrac- tor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. G-32 DISABILITY: In accorda�ce 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 unlawfuily discriminate on the basis of disabiiity in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for empioyment 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. SECTION H CONTRACT TIME H-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the Work. The date of commencement of the Work is the date estabiished in the Notice to Proceed. If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is 6/28/99 GC-12 su�ciently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the City Council of the City of Fort Worth or iYs designated Assistant City Manager, and no other form of acceptance will be binding upon the Owner. A caiendar day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a"Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect with final approval by City of Fort Worth. A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or othec conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Should the Contractor choose to work on Saturdays, one day will be charged as contract working time when weather or other conditions permit seven hours of work as delineated above. Legal holidays are defined as being New Year's Day, Independence Day, Labor Day, Thanksgiving Oay, Christmas Day, Memoriai Day, and Veteran's Day. ' H-2 PROGRESS AND COMPLETION. AII the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contact Time. H-3 DELAYS AND EXTENSIONS OF TIME. If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's controi, or by any cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay shall be aliowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then uniess such a claim is reasonable. ,� J �) � � � � D � •J IJ � � � �J � � J � H-4 NO DAMAGE FOR DELAY. No payment, compensation or adjustment or any kind (other than the extensions of time provided for) shall be made to the contractor for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the contractor agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time. SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM. The Contract Sum is stated in the 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 Applicable for Payment, the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum, divided so as to facilitate payments to Sub-contractors, prepared in such form as specified or as the Architect and the Contractor may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. I-3 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. I-4 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed, the Contractor wiil make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but deiivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of biils of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transpoRation to the site. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Applfcation for Payment, whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens"; and that no Work, materials or equipment covered by an Application for Payment wii� have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or � 6/28/99 � GC-13 an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for PaymenY', and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. I-5 CERTIFICATES FOR PAYMENT. If the Contractor has made Application for Payment as above, the above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a CeRificate for Payment wiil constitute a representation by the Architect to the Owner, based on the ArchitecYs observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the Owner that the Contractor be paid in the amount certified. In addition, the ArchitecYs approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For contracts in 'excess of $400,000, the Owner will retain only 5% of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. I-6 PAYMENTS WITHHELD. The Architect may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as L�J � l�J L�J � l�J ��I � L�J L�J LJ ' �] �� J D D ' may be necessary in his opinion to protect the Owner from loss because of: 1) defective work not remedied; 2) claims filed or reasonable evidence indicating probable filing of claims; 3) failure of the Contractor to make payments properly to Subcontractors, or for labor, materiais or equipment; 4) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) damage to another contractor; 6) reasonable indication that the Work will not be completed within the Contract Time; or 7) unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shali be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the Contractor fails to pertorm the Work in accordance with the specifications or instructions of the Architect. I-7 UNRESOLVED CLAIMS: In the event a written claim for damages against the Contractor or its subcon- tractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the TranspoRation and Public Works Department, as evidenced by a final inspection, fina► payment to the Contractor shali not be recommended by the Director of the Transportation and Public Works Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. � Although the claim concerned remains unsettled at the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work compieted, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1) The claim has been settled and a release has been obtained from the claimant invoived, or 2) Good faith efforts have been made to settle such out- standing claims, and such good faith efforts have failed. 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 condition (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. 6/28199 GC-14 The Director may, if he deems it appropriate, refuse to accept bids on other Transportation and Public Works Department contract work from a Contractor against whom a ctaim for damages is outstanding as a result of work performed under a City contract. I-8 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,001 to $25,000 $ 63 $25,001 to $50,000 $105 $50,001to $100,000 $154 $100,000 to $500,000 $210 $500,001 to $1,000,000 $315 $1,00O,OOito $2,000,000 $420 $2,000,001 to $5,000,000 $630 $S,OOO,OOito $10,000,000 $840 over$10,000,000 $980 I-9 FAILURE OF PAYMENT. If, without fauit on the paR of the Contractor, the Architect should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received. I-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT. Prior to the request for final payment, the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work or a designated portion thereof acceptable to the Owner is substantially complete, the Contractor shall prepare the submission to the Architect a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contracior to complete all Work in accordance with the Contract Documents. When the Architect, on the basis of an inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall estabiish the Date of Substantia� Completion, shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities, and insurance, and shall fix the time within which the Contractor shall complete the item5 listed therein, said time to be within the Contract time unless extended. Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment and upon receipt of a finat application for payment, providing the record drawings have been received by the Architect, the Architect will conduct such test and/or inspections as he deems necessary, and if in his opinion the Work has been completed in accordance with the Contract Documents, the Architect will promptly issue a final Certificate of Substantial Completion stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been compieted in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor is due and payable. Final acceptance can be made by the City Council of the City of Fort Worth or iYs designated representative, and no J � � ��j J •l �� aJ � � 0 � � � � � �J � � � other form of acceptance will be binding upon the Owner. Final payment and release of the retainage amount wiil become due within fifteen days foliowing approval of the City Council of the City of Fort Worth in accepting the work as complete. Neither the final payment nor the remaining retained percentage shall become due untiGthe Contractor submits to the Architect: 1) Contractor's Affidavit of Payment of Debts and Ciaims (G706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment (G707), if any, to final payment, 3) Contractor's Affidavit of Release of Liens (G706A), and, 4) Other data establishing payment or satisfaction of al� such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the exient and in such form as may be designated by the Owner. If any Subcontractor, materialman or laborer refuses to furnish a release or waiver required by the Owner, the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, ciaim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractor shall refund to the Owner all monies that the latter may be compeiled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees. The acceptance of final payment shall constitute a waiver of ail claims by the Contractor except those previously made in writing and still unsettled. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the Work and all other persons who may be affected thereby; (2) all the Work and all materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub- contractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6/28/99 GC-15 Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non- execution of the Work. The Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above, caused before its completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. These requirements are in addition to the Accident Prevention Clause in the General Conditions of the Contract. Contractor shall provide fen hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. SECTION K - INSURANCE K-1 Insurance Reauired. 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 FoR 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. � � �� i� ��1 � I�l I�l � � II _1 � J � 1� J J � � K-1 Insurance Reauired. 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 ail similar insurance of the Subcontractor has been so obtained and approved. K-2 Workers' Comaensation Insurance: 1) General a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed wiil be issued until the Contractor has complied with this section. b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner (City). c) By signing this contract or providing or causing to be provided a ceRificate of coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements wifl be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entfty's employees providing services on a project, for the duration of the project. b) Duration of the Project. Includes the time from the � beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the City. � 6/28/99 GC-16 c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardiess of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not inciude activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 3) Requirements a) The contractor shail provide coverage, based on proper reporting of ciassification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services of the project, for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The contractor shali obtain from each person providing services on a project, and provide to the City: i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file ' certificates of coverage showing coverage for all persons providing services on the project; and ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. � The contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers Compensation Commission, informing all persons providing services on the project that they are required to be covered, and � � L�J �u � �1 � � � � I �I � stating how a person may verify coverage and report lack of coverage. h) The contractor shal� contractually require each person with whom it contracts to provide services on a project, to: i) provide coverage, based on proper reporting on the ciassification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for ali of its employees providing services on the project, for the duration of the project; ii) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for ail employees of the person providing services on the project, for the duration of the project; iii) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. D vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after ' the person knew or should have known, of any change that materially affects the � provision of coverage of any person providing services on the project; and vii) contractually require each person with whom � it contracts, to perform as required by paragraphs h-i) - vii), with the ceRificates of coverage to be provided to the person for whom they are providing services. � J � J 4) Posting of Required Worker's Compensation Coverage. a) The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type, and shall be in both Engiish and Spanish and any 6/28/99 GC-17 other language common to the worker populatfon. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an empioyer's failure to provide coverage." K-3 LIABILITY INSURANCE. The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him, the City of Fort Worth and any 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 empioyed by either of them and the limits of such insurance shall be not less than the foilowing: 1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage. Coverage sha�l be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment Iiability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE. Unless stated otherwise in the Proposal or Invitation, the Contractor shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land � � CI � [�J � vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the Contract Sum. The policy shail inciude coverage for materials and.supplies while in transit and while being stored on or off site. If specificaily required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sublimits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work, the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE. The � Contracior shali provide a certificate of insurance documenting the Transportation and Public Works Department, City of Fort Worth as a"Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. a 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). L�J LRJ � ,w'J �`I � � �J .`9 K-6 OTHER INSURANCE RELATED REQUIREMENTS. 1) The City of Fort Worth shafl be an additional insured, by endorsement, on all applicabie insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. BesYs Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. � 7) Certificates of insurance shall be provided by the Contractor to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such � documentation shall not be construed as a waiver of insurance requirements specified herein. � 6/28/99 GC-18 8) The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the insurance policies including endorsements thereto and, at its discretion, to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or such coverage on the Contractor's subcontractors shall be provided by the Contractor. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. Ali Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the execution of the Contracf, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City, shall be coordinated with the Director, Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the Fort Worth shall be d�termined in one or more of the following .ways: 1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon; or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon, the Contractor, provided he receives a Change Order, shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases, the �J � � iJ �Il I� i� `1 �I � ,j � � � J D !I J � J Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together with appropriate suppoRing data. Pending final determination of cost to the Owner, payments on account shall be made on the ArchitecYs Certificate of Payment as approved by the Owner. If after the contract has been executed, the Architect, requests a price proposai from the Contractor for a proposed change in scope of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forvvard the proposed change order request and price proposal to the Owner for approval. If the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. ' Contractor is advised that according to City of Fort Worth Charter, that when the cumulative effect of Change Orders results in an increase in cost of the contract amount by over $3,000, the City Council must approve all such Change Orders which will exceed this limit. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty (30) days . Owner, Architect and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor, the applicable unit prices shall be equitably adjusted to prevent such hardship. If the Contractor claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Section A, (2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fauit, or (3) any written order for a minor change in the Work, the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if approved by the Owner, shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent 1{ 5%1. 6/28/99 GC - 19 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent 10% . L-4 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not invo�ving an adjustment in the Contract Sum or an extension of the Contact Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents in accordance with Section A, or which order minor changes in the Work in accordance with Section L without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner or Architect, it must be uncovered for observation and replaced, at the Contractor's expense. If any other work has been covered which the Owner or Architect have not specifically requested to observe prior to being covered, the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it be found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK. The Contractor shall promptly correct all work rejected by the Owner or Architect as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the ArchitecPs additional service thereby made necessary. If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary, and the work shall be corrected to comply with the Contract Documents without cost to the Owner. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. � '� ,�J �] � � �� IJ � �I IJ ,I � � �� i� il J J � If the Contractor does not remove such defective or non- conforming work within a reasonable time fixed by written notice from the Architect or the Owner, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such work at auction or at private sale and shall acwunt for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shail be issued. If the payments then or thereafter due the Contractor are not su�cient to cover such amount, the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non- conforming work, the Owner may correct it in accordance with Section G. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON- CONFORMING WORK. If the Owner prefers to accept defective or non-conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor. SECTION iV TERMINATION OF�THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR. If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor, or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days' written notice to the Owner and the Architect, terminate the Contract. N-2 TERMINATION BY THE OWNER. if the contractor is adjud'ged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with ai Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative or upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem 6/28/99 GC - 20 expedient. In such case the Contractor shali not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the ArchitecYs additional services., exceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract SEC710N O SIGNS The Contractor shall construct and instail the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for "Project Designation Signs." This sign shall be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. � ` SECTION P TEMPORARY FACILITIES P-1 SCOPE. The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by ail workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL. The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such ;J � � l� � � � � l�J C, I l�, � �J r I�I „ i�� J �J ��; temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED. The Contractor shali provide a temporary field o�ce bui�ding for himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of $1,000,000.00, the Contractor shall provide a separate field office for the City's field representative (but the separate o�ce may be in the same structure). The buildings shall afford protection against the weather, and each office shali have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shail have suitable locks. Field o�ces shall be maintained for the full time during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device 'to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one deck, four chairs, plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds, other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Architect. Remove sheds when work is completed, or as directed. P-5 TELEPHONE. The Contractor shall provide and pay for telephone installation and service to the field o�ces described above. Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an automatic telephone- answering device at the site office for the duration of the project. The contractor shall provide a separate telephone line, and instrument for use by the City's field representatives. P-6 TOILET FACILITIES. The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-7 UTILITIES. Contractor shall make all necessary arra�gements and provide for temporary water and" electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide ali labor and materials required to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of ali trades. Upon completion of the work ali utility lines shall be rerrioved and repairs made to the existing lines. Only utilities at existing voltages, pressures, frequencies, etc. will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide su�cient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps, tanks 6/28/99 `GC - 21 and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service shall be of sufficient capacity and characteristics to suppiy proper current for various types of construction tools, motors, welding machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Liqhtinq. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lignting per squqr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100'watt lamps. In any event, the lighting intensity shal� not be less than 5 foot candles in the vicinity of work and traffic areas. P-8 HEATING. Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. A�I such heating, ventilation and services shali be provided and maintained until final acceptance of all work. In addition, the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. The Contractor shail provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Architect, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen, City employees, equipment, the public and property. All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requfrements of the authorities having jurisdiction, including insurance L'°J C�� J .,�1 ►u L�J I L� ��1 � I� �� i� !J companies with regards to safety precautions, operation and fire hazard. The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage, rainfall, drainage of broken lines. The Contractor shail maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Architect and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD. The Contractor shall furnish, install and maintain during the life of the project a weather-tight bulletin board approximately 3�feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The builetin board shall be mounted where and as approved by the Architect, in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the Contractor and shali be removed by him upon completion of the Contract work. The following information which wili be furnished by the City to the Contractor, shall be posted on the bulletin board and shall be maintained by the Contractor in easily readabie condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondescrimination of Employment (Standard Form 38). b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. c. Safety Posters. SECTION Q VENUE Shouid any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County, Texas. a D Q D D p6/28/99 � GC-22 � J D A �� iJ � � � —: DEFINITIONS PROCEDURES AND INTERPRETATIONS GENERAL CONDITIONS INDEX A-1 Contract Documents A-2 Entire Agreement A-3 Woric A-4 Execution of the Contract Documents A-5 Familiarity with Proposed Work A-6 One Unified contract A-7 Division of Work A-8 Interpretations A-9 Copies of Working Drawings and Specifications A-10 Minoriry and Women's Business Enterprise Policy A-11 Correlation and Intent B IDENTITY OF ARCHITECT B-1 Contract Administration B-2 Termination and Suspension of Work B-3 Duties of Architect B-4 Architect as Representative of the Owner B-5 Access to Job Site B-6 Interpretations ' B-7 Authority to Stop Work B-8 Miscellaneous Duties of Architect B-9 Termination of Architect `I i' C OWNER L.1 � � � � J � � r� � � 6/28/99 � C-1 Identification I C-2 Duties of the Owner C-3 Instructions C-4 Access to Job Site C-5 Progress Inspections C-6 Authority to Stop Work C-7 Substantial Completion Inspection C-8 Right to Audit D CONTRACTOR D-1 Identification D-2 Independent contractor D-3 Subletting D-4 Review of contract Documents D-5 Supervision D-6 Labor and Materials D-7 Prevailing Wage Rate D-8 Warranty D-9 Taxes D-10 Licenses, Notices and Fees D-11 Cash Allowances D-12 Superintendent D-13 Responsibility for Employees and Sub-contractors D-14 Failure io Commence work D-15 Progress Schedule D-16 Drawings and Specifications at the Site D-17 Shop Orawings and Samples D-18 Site Use D-19 Safe Work Practices D-20 Field Offices and Sheds D-21 Cutting and Patching of Work D-22 Cleaning Up D-23 Communications SUBCONTRACTORS GC-23 E-1 Definition E-2 Award of Subcontracts E-3 Terms of Subcontracts E-4 Minority and Women's Business Enterprise (M/WBE) E-5 Payments to Sub-Contractors F SEPARATE CONTRACTS F-1 Owner's Right F-2 Mutual Responsibility of Contractors F-3 Cutting and Patching Under Separate Contracts F-4 Owner's Right to Clean Up G MISCELLANEOUS PROVISIONS G-1 G-2 G-3 G-4 G-5 G-6 G-7 G-8 G-9 G-10 G-11 G-12 G-13 G-14 G-15 G-16 G-17 G-1 S G-19 G-20 G-21 G-22 G-23 G-24 G-25 G-26 G-27 G-28 G-29 G-30 G-31 G-32 Conflict of Laws Governing Laws Personal Liability of Public Officials Compliance with Laws Indemnification Successors and Assigns Written Notice Surety Bonds Owner's Right to Carry Out the Work Royalties and Patents Tests Interruption of Existing Utilities Services Laying Out Work Measurements Existing Overhead or Underground Work Alignment of Joints in Finish Materials Integrating Existing Work Hazardous Material Certification Location of Equipment and Piping Overloading Manufacturer's instruction Cleaning Up Oust Control Fire Protection Cutting and Patching Project Closeout Guarantee and Extended Guarantee Record Drawings Construction Fence Product Deliver, Storage, Handling Age Disability H CONTRACT TIME H-1 Definitions H-2 Progress and Completion H-3 Delays and Extension of Time H-4 No Damage for Delay I PAYMENTS AND COMPLETION I-1 I-2 I-3 I-4 I-5 I-6 I-7 I-8 I-9 Contract Sum Schedule of Values Adjustment of Quantities Progress Payments Certificates for Payment Payments Withheld Unresolved Claims Liquidated Damages Failure of Payment i� I� I� I�� I� � S 11 l�! � ■I � I-10 J J-1 J-2 J3 J-4 K K-1 K-2 K-3 K-4 K-5 K-6 L L-1 L-2 L-3 L-4 L-5 M M-1 M-2 M-3 N N-1 N-2 O P P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-8 P-9 P-10 Q � � 'J 'k3 �6/28/99 � Substantial Completion and Final Payment PROTECTION OF PERSONS AND PROPERTY Safery Precautions and Programs Safety of Persons and Property Hard Hats Emergencies INSURANCE Insurance Required Workers' Compensation Insurance Liability Insurance Builder's Risk Insurance Proof of Insurance Other Insurance Related Requirements CHANGES IN THE WORK Change Order Claims for Additional Cost or Time Overhead Allowance for Changes Minor Changes in the Work Field Orders UNCOVERING AND CORRECTION OF WORK Uncovering of Work Correction of Work Acceptance of Defective or Non-Conforming Work TERMINATION OF THE CONTRACT Termination by the Contractor Termination by the Owner SIGNS TEMPORARY FACILITIES Scope Use of Temporary Facilities Maintenance and Removai Field Offices and Sheds Telephone Toilet Facilities Utilities Heating Temporary Construction, Equipment and Protectian Project Bulletin Board VENUE 00000 GC-24 a 0 � � a � Q � � � � � � Q � a � � D WEATHER TABLE Month Average Inches of Snow/Ice Days of Rainfall Pellets Rain I January 7 1.80 1 I February 7 2.36 * March 7 2.54 '` April 8 4.30 0 May 8 . 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 " December 6 1.82 ' I ANNUALLY I 77 I 32.30 I 1 (1) Mean number of days rainfall, 0.01" or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more " Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period. This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month, the contract period will be adjusted by Change Order. �nj�i � D d � D D Q � "� a U � � 'J � � � � � 4�-0'� PROJECT DESIGNATrON SIGN � 1-1/7' � � ' � � � :�T` O . .. . . .� �. �� . .W. , , . �,. .` � . �. �`.,.. � �- 3" I 3" I I 4.. 1-vz' I I �� 2-,�� I ,-�4�� I ,� � � , 2-�rr� �-�rz� �„ �-�rr� i i � \ , P ro jeci Title � Contractor: Co.nfractors Name FUNDED BY * * * * * * * * * * * * _ SCHEDULED COMPLETiON DATE YEAR 1-1/2„ Gi�i�i / SIGN IS WHITE WITH BLUE BORDER AND LEfTERING IN PMS 288. PROJECT TITLE, CONTRACTOR, BOND AND COMPLEf10N DA1E INFORMATION IS IN HELVETiCA. CtTY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE C1TY OF FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE LINES THAT COMPOSE THE "STAR" ARE PMS 187. a � I�] �!J ��1 L�J �i] �;J � � � � � � � � u � Li � 1999 BU�LDING 8c CONSTRUCTTON TRADES STANDARD WAGE RATE FOR TA,�t,RANT COUNTY CLASSI�'ACTYOtV � AIR CONDITIONING MECHAIVIC AIIt CONDITIONING MECHANIC HELPER ACOUSTIC CEILING INSTALLER ACOUSTIC CEILING INSTALLER HELPER BRICKLAYER/STONE MASON BRICKiAYER/STONE MASON HELPER CARP�NTER CARPENTER H�LPER CONCRETE FINISHER CONCRETE FINISHER HELPER CONCRETE �'ORM BUILDER CONCRETE FORM F3UILDER HEL;PER DRYWALL TA�ER DRYWALL TAPER H�L�ER EL�CTRICTAN JOURNEYMAN ELECTRICIAN HEL,PBR ELECTRONIC TBCHNlCIAN ELECTROIVIC TECHNICIAN HELPER FLOOR I.AYER (CARPET) FLOOR LAYER (RESILIENT) FL001t LAYER HELPER GLAZIER GLAZI�R HELPEkt .INSULATOR INSULATOR �ELPER LABORER COMMON LABORER SKILLED LATHER L,A,THER HELPER METAL BUILll1NG ASSEMBLER METAL BUILDING ASSEMBLER HELPER PAIN'�'ER PAINTER HELPER 1 HOU�iLY RATE $15.96 8.81 13.82 9.79 15.25 9.86 13.00 9.34 12.00 9.44 11.59 8.87 � 1.87 8.25 16.29 10.20 12.Sb 12.67 13.58 14.48 8.56 13.66 9.26 15.89 9.46 7.82 9.G6 15.80 z i .�s I3.34 7.85 11.93 8.30 � L�J LJ � �� L�J � � � � 1999 BUILDING & CONSTRUCTION TRADES S'�'ANDARD WAGE �tATE FOR TAFtRANT COUN'�'Y CLASSYFACTTON ,PI�EFITTER PIPEI�ITTE�t HELPBR PLASZ'E�R PLASTERER HELPER PLUMBER PLUMBER HELPER R2INFORCING STEEL SETTER REINFORCING STEEL HELP,�R ROOFER ROOFER HELPER SHEET M�xAL WORKER SHEET N�ETAL WORKEIZ HELPER SHEETROCK HANGEK SHEETROCK HANGER H�LPER SPRINKLER SYSTEM INSTALLER SPRiNKLER SYSTEM INSTALLF,R HELPER STEEL WOR.KER STRUCTURAL ST�EL WORKF,R STRUCTIJRAL �iELPER WELDER WELDER HELPER � HEAV�( EQUIPMENT O�'ERATORS � EQUIPMENT QPERATORS C4NCRETE P[7MP OPERATORS - CRANE, CLAMSHFLL, BACKHOE, DERRICK, D'LINE Q SHO FORKLIFT OPERATOR FOUNDATIOI�i llRI1.L OPERATOR Q FRONT END LOADER OPERATOR TRUCK DRTVER � l�] Z � HOURLY �tA.TE 514.35 10.93 1529 8.63 t G.26 9.59 11.88 9.18 13.17 7.82 15.87 9.29 12.70 9.7I 1 G.95 7.81 14,66 7.91 14.87 9.67 1 a.66 I5.50 13.05 10.54 11.66 11.60 9.80 L;J D�... � �� J � �] � � � J �OT OTH � � �_� � �-. ___. � _..� TEXA.S CERTIFICATE OF EXEMPTION � I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items ( or an attached order or invoice) To be Purchased: All Items I claim this exemprion for the following reason: Name of exemption organization: Citv of Fort Worth Texas Sales and Use Tax Permit #1-75-6000528-6 I understaad that T will be liable for payment oC sales taz which may become due for failure to �comply with the provision of the states, city and or metropolitan transit authority sales and use taz � laws and comptroller rules regarding exempt purchases. Liability for the taa will be determine by the price paid for the tazable items purchased or the fair market rental value for the period of time use. � � � � J J � � � � � I understand that it is a misdemeanor to give an ezemption certificate to the seller taxable items which I know, at the time of purchase, will be used in a manner other than that expensed in this certificate and upon conviction, may be fined up to $500 per offense. Manicipalities are granted taz ezempt status per the Texas Constitution, ART 8, Section I. Purchasers: Citv of Fort Worth Street Address: 1000 Throckmorton City, State, Zip Code: Fort Worth Texas 76102 Signature/Title: �� , Purchasing Manager Date: Phone: Fax: This certificate does not require a number to be valid. Sales and use taz "exemption numbers" or "taz eaempt" numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. FINANCE DEPARTMENT PURCHASING DIVIS[ON • THE CITY OF FORT WORTH * IOOO THROCKMORTOh STKEET * FORT WORTH, TEXAS 7610'l (817) 871-8360 * Fnx (81'n 871-8440 � ` �' Printed on recycled paper L�J 'I�� u CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into this the 19`h day of October AD, 19 99 , a by and befinreen the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City a Council of said city, hereinafter called OWNER, and Infinitv Contractors, Inc. of the City of Fort Worth County of Tarrant State of Texas hereinafter called CONTRACTOR. L�JI � L■J C�� i 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: PROPERTY ROOM AIR HANDLING UNIT POLICE ADMINISTRATION BUILDING That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. a 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. L�J �JI The agreed upon total contract amount shall be $29,925.00 and includes the base bid and No Alternates. 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 90 calendar days. � The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works Department � as certificate holder, showing the required General Contractors Liability coverage, Auto Liability, Builder's Risk and Worker's Compensation coverage. If this Contract is in excess of $25,000, the Contractor shall provide Payment Bond. If the Contractor is in excess of $100,000, the Contractor shall provide both � Payment and Pertormance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. �I I■� C-1 G � 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 General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. !"' IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in SIX (6) , counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in SIX (6) counterparts with its corporate seal attached. � Done in Fort Wort Te,�cas, this the 19t'' day of �� .Ii.., �; � �� C� �..� ��s ��. Contractor � � By: �: c� � ,q 1 � � �2 �s ; D,��.%i Name office � �� ^ ° ` �� By: ' �� ,' TranspCi�ti'on and Public Works APPROVAL RECOMMENDED: � --.�,_.,... : _. October , AD, 19 99 . APPROVE : � By: , Assistant City Manager RECORDED: By: City Secreta � � APPROVED AS TO FORM AND LEGALITY: i�- �7- 99 Date � � ' 1 1 � � By: Assistant CitjlAttorney C'2 C� - l"`7�� Coiitract Authorizaiion Late ' � � PAYMENT BOND BOND N0. 89800855 � T'I� STATE OF TEXAS COUNTY OF TARRANT ::•�:i��r;��n,� �;c•�c��r.,,, � KNOW ALL MEN BY THESES PRESENTS: That we, Infinitv Contractors, Inc. a corporation t�f Tarrant County, Texas , hereinafter called Principal and (3) _ ' VIGILANT INSURANCE COMPANY AND FEDERAL INSURANCE COMPANY � , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and iu-mly bound unto the City of Fort Worth, a � municipal corporation organized and existing under the laws of the State of Texas, hereinafter called � Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of: C Twentv Nine Thousand, Nine Hundred Twent� Five Dollars & No Cents , $29,925.00 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators a and successors jointly and severally, frmly by these presents. . .� � TI� CONDIT'ION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner dated the 19th day of October . 1999. a copy of which is hereto attached and made a part hereof, for the construction of: PROPERTY ROOM AIR HANDLING U1�TIT POLICE ADMINISTRATION BUILDING L■�I � I�I I�I � designated as Project Number GGO1/0353302 copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, suGh project and construction being hereinafter referred to as the "works". NOW, TI�REFORE, the condition of the obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTI�R, that if any legal action be filed upon this bond, venue shall lie in � Tarrant County, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the speciiication accompanying the same shall in any wise affect its obligations � on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or the specifications. � �I PROVIDED FURTHER; that no final settlement between the Owner and the Contractor shall A:\5PAYBOND.FRM � � � � � � � � � � � a � � � � � a 0 abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. � IN WITNESSETH WHEREOF, this'.instrument is executed in 6 counterparts, each one of which shall be deemed an original, this the � 25th day of October ,1999. � T• (Principal) Secretary �� (SEAL) (Address) ATTEST: (Surety} Secretaty (SEAL) � . o �. �h�J�` � itness as to Surety INFINITY CONTRACTORS, INC. Principal (4) BY: � i� . �i v, S�t ��2.[ ��-�s� orN-- �� (Printed Name/Title) � � P.O. Box 163316 ' Fort Worth,�Texas 761b1 ' ADDRESS CITY/STATE/ZIP � ' VIGILANT INSURANCE COMPANY FEDERAL INSURANCE COMPANY (Surety) By: ��Yl� Z� ,.1 1 l.(,(� (Attorney-in-F t) ) Tamara E. Murray (Printed Attomey-in-Fact) Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation, a Partnership or and Individual, as case may be (3) Correct Name of Surety (4) If Contractor is Parrnership all Parmers should execule bond � � � � � � � � � � � � � � � � � � � F � t '�� :.,w�t A�'QU �"1'#."C� F't �{ Y+' � ' k :5 • P .�', ,e1 � ' t c? < �Y, v`.^,..�1 � ^�L Y-�." • , . ` ` 4,,� " • ` rFr . . IlViPORTANT NOTICE � ' � To obtai.n information or make a complaint: You may contact the Texas Department of Insurance to obtai.n information on companies, coverages, rights or complaints at: � 1-800-252-3439 You may write tb.e Texas Department of Insurance at: P.O. Box 149104 Austin, Texas 78714-9104 . Fax # (512) 475-1771 PREMI[TM OR CLAIM DISPUTES Should you ha.ve a d.ispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH TffiS NOTICE TO YOUR BOND This notice is for informati�n only and does not become a part or condition of the . attached document. ' . IRI � � u � �� CChubb POWER Surety OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn.: Surety Department 75 Mountain View Road Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporaUon, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Kyle W. Sweeney, Charles D. Sweeney, Bobby E: Mayo and Tamara E. Murray of Fort Worth, Texas----------- each as their true and lawFul Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than bail bonds) and undertakings given or executed in the course of its business (but not to include any instruments amending or altering the same, nor consents to the modification or alteration of any instrument referred to in said bonds or obligations). In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on March 10 , 1998. Y . iz'Y�rC./ Kenneth C. Wendel, Assistant Secret�ary STATE OF NEW JERSEY l County d Somerset J �� / . < i� < Fra E. Robertson, Vice�resider�t � � Mar ch 1 �. 1998, before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me Imown to be Assislant Secretary d FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Powx o( Attomey, and the said Kenneth C. Wendel being by me duly swom, did depose �nd say that he is Assistant Secretary of FEDERAL INSURANCE CONPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNIT'Y COMPANY and Imows the corporete seals thereof, that the seals affaed to the foregoing Povv� o( Attomey are such corporate seals and were thereto affaed by authority of the By-Laws of said Compa�ies; and that he signed said Power of Attomey as a Ass�stant Secretary of said Companies by like authority; and that he is acquainted wfth Frank E. Robertson, and imows him to be �ce President of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attomey is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By-Laws and in deponenYs presence. � L�'J � C � L�J LJ � � � Notariaf'�eagPB. �C� a OTR2Y �': ,��C2�CP � �../�1�Gf/ PUB:.SC �,�� —� �ERE�A B. C HOWSIfI Notary Public `�; koiery '�UbItC, Sta � 01 New ,�� `�_•;..-� CERTIFICATION � No.0014101 Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANL��v1��1�� P�1l�I�'i ��MNITY COMPANY: 'Ail powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or Ifthographed. The signature of each of the foliowing officers: Chairman, President, any Vice President, any Assistant Vice PresideM, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertaldngs and other writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cert�ed by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which R is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and coRect, (ii) the Companies are duly ficensed and author¢ed to transac� surety business in aA 50 of the United States of America and the DisUict of Columbia and are a� by the U. S. Treasury Departrr� further, Federal and Vgilant are Gcensed in Pue�to Rico and the U. S. �firgin Istands, and Federal is ticer�sed in Ameiican Samoa, Guam, and �ch of the Provinces of Canada except Prirxe Ed�nrard Isiand; and (iii) the foregoing Power of Attomey is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 2 5 t h day of 0 c t ob e r ,1 g g 9 �aS��F �,ovuar � S�aMr � no ��.�rov,�� `� "��ro� � � � --*— � F> y� : 2 � �' . 1 Y � �DIAN�' e kIS��Nr�' i'�'Eqr'Yptl'�'* Kenneth C. Wende , Asslstant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety�chubb.com Fortn 15-10-0226 (Ed. 2-98) NON-CONSENT CERTIF�CATE OF INSURANCE � � � � � � Certificate Holder: Date: Project Name: Project Number: This is to certify that: Address: City of Fort Worth October 19,1999 Property Room Air Handling Unit - Police Administration Building GGO1/0353302 Infinity Contractors, Inc. P O Boa 163316 Fort Worth, Texas 76161 is at the date of this certificate, insured by this company with respect to the business operations hereinafter described, for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standazd policy noted on reverse side thereof. Tvbe of Insarance Workers Compensadon Potrc�r No. H142130 E�crrvE Exrix�s 7-1-99 7-1-00 LIMTTS OF LIABILTI'Y 500,000,l500,000/ 500,000 �.�L.r1iu14��Y�IYlll1►LJVYG�I ��0�� LfabiGry rnsaraaa . (Public Liability) Comnte�rc ta�l�enLi� Blasang I aD�ve Collapse of Buildings or structures adjacent W cxcavations Damage to underground Utilities Buildec's Risk Comprehensive Automobile Liability Contiactual Liability Other 7-1-99 7-1-00 ��''��gg a 2, Q00, 000 ,��-��g � �; 888; 888 PAr�rnnal f�Arl��Tr`iir,.a�-��00� ( Each Occurrencx S above Iabove I I N/� I ARAK'�9351 7-1--42 see Gen L�aB BodilY �.1�Y Each Occurrence Property Damage Each Occurrence N/A �1,000,000 a � S S Locarionscovered: All of insured�s work sites Description of operations covered: A11. of rnsured F s operat3ons The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the inswer in Iess than five (S) days after the insured has received written norice of such change or cancellations. Where applicable local laws or regulations require more than Sve (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or mpriat dorsement ereto attached. Agencv Agents Insurance Serv�ces, Tnc • Forc Wonh Agent Burl Daniel,CPCU,CIC gy: Address 2501 Parkview Dr. #100 Title: V�ce President Ft. DJorth, TX 76102 A:121NSURAN.FRM Each Occurrence S Each Occwrence S �� :.� a t..- �: a �:r. :. t•�r..i•tl i...�r+- ' •� �. i. �ri�r'1V'rVr � IYov 09 99 03:33p � � TPW FOI�T ORTH -� � _� �"��- �� 817-871-8488 n Novembcr 9,1999 u V'icki McDonal@ � Adminisirative Aid Management Sesvices Transpartation and Public Works Dcpartment a RE: Ven�lation System for Property Roam Belknap Police Administratian Building Buildets Risk Insurance � Due to the small cost ($29,925� and tYee low risk to the City of Fort Worth for this project, Builders Risk coverage wa,5 nQt required. a - Milce Mathews, PE � Chie� Architectural Services Section 817-871-8274 � cc: Durham Nagle,l2isk Ivlanagement Contract Docurnents � � � � � � � a a TRANSPORTATION AND PUBLIC WORKS DEPARTMENT BUILDINC SERVICES D(VIS[ON TNE C1TY OF FORT WORT}t * 3409 HARLEY AVENUE * FQRT WORTN, Tex�s T6107 (81� 8T1-786Q * Fnx (81� 87I-8106 p.2 ,p v.ti,�se a, *Kxtea woa � R" CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW � Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Infinitv Contractorst � Inc. certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Pronertv Room Air Handlin� Unit — Police �'' Administration Buildin� project number, GGO1/0353302. � � STATE OF TEXAS 3 � COUNTY OF TARRANT 3 By: <� � �2- z5 � ��zr� /� Title { � y V / , � Date BEFORE ME, the undersigned authority, on this day personally appeared <�1,�'Yl C� �'�t'.Y , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he �� executed the same as the act and deed of � �i(��Y11�'(� (�11T� Ol•{'�-�1(�S, I h,(` . , for the purposes J " � and considerations therein expressed and in the capacity therein stated. � GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �,q,� day of , 19 �� . � (/��/��y p (I/� . „ay P.. C c� �� p � � '�--��` .{ " � , i :$�.;...Ys,'� ��QUGL �7. �7l'�t.n(JU� U � :•; < x>,ornMISSION EXPIRES Notary Public in and r the State of Texas � ':��. � Jctob�� il, �01 ,/,��Q i�eE4Y�. �w��,i '�° (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy � of workers compensation insurance covering each of its employees on the project in compliance � with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. � (b) Contractor agrees to require each and every subcontractor who will perfortn 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 pennit any subcontractor to perform work on the project until such certificate r' has been acquired. Contractor shall provide a copy of all such certificates to the City. A:13WORKCOM.FRM � �,''`�. � , � � . i r� � �• � • � � � '�� ! � �� r � . � � , � City of Fort Worth, Texas n►�Ayar And C,aunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 10/19/99 **C-17696 I 20VENT I 1 of 1 SUBJECT AWARD CONSTRUCTION CONTRACT FOR VENTILATION SYSTEM IN THE PROPERTY ROOM AT THE POLICE ADMINISTRATION BUILDING TO INFINITY CONTRACTORS, INC. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Infinity Contractors, Inc. in the amount of $29,925 for installing a ventilation system in the Property Room at the Police Administration Building. DISCUSSION: The ventilation and filtration of air in the Police Property Room has been improved by separation of organic matter from the remainder of the confiscated property. The Environmental Management Department has recommended additional air treatment to reduce the risk of respiratory irritation for the employees. The proposed improvements will provide a high efficiency filtration and cooling system that is separate from the remainder of the facility in order to remove contamination and moisture. Plans were prepared by RPGA Architects. The project was advertised for bid August 19 and 26, 1999. The following bids were received on September 9, 1999. BIDDERS AMOUNT Infinitv Contractors. Inc. $29.925 Marvin Hayes Plumbing and Air Conditioning 30,350 The architect recommends award to the low bidder. CALENDAR DAYS 90 A waiver of the M/WBE requirement was requested and approved by the M/WBE Office because the purchase of goods is from a source where subcontracting or supplier opportunities are negligible. The facility is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget of the General Fund. No funds were budgeted for this purpose; however, salary savings resulting f�om anticipated retirements will be used for this expenditure. MG:j Submitted for City Manager's Oftice by: Mike Groomer Originating Department Head: Hugo Malanga Additional Information Contact: Hugo Malanga I FUND I ACCOUNT I CENTER � AMOUNT � (t�) � 6140 � � 7801 I (from) GG01 539120 0353302 7801 � � $29,925.00 � � � CITY SECRETARY I�,pPROVED C{TY COUNCIL OCT !9 1999 �� Cit� Sec�o�Y °t Ui° City of Fort Worth,'l�zss