Loading...
HomeMy WebLinkAboutContract 25750 CITY SECRETARY r� CONTRACT NO. CONTRAC- T Between CITE" OF FORT WORTH and R. J . MILLER & ASSOCIATES, INC. PROJECT: DEM00-03:M00 For CEILING REPLACEMENT AND INSULATION FERMINAL BUILDING, MEACHAM AIRPORT 4201 NORTH MAIN STREET FORS- WORTH, TEXAS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT MARCH, 2000 CITY OF FORT WORTH, TEXAS PROJECT NO. DEM00-03:MBO CEILING REPLACEMENT AND INSULATION TERMINAL BUILDING, MEACHAM AIRPORT 4201 NORTH MAIN STREET, FORT WORTH CONSTRUCTION CONTRACT THE STATE OF TEXAS dN KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the � -' day of A.D., 20C� by and between the CITY OF FORT WORTH, a municipal corporation of Ta rant and Denton Counties, Texas hereinafter called "City," acting herein through Charles Boswell, its duly authorized Assistant City Manager, and R. J. Miller & Associates, Inc. , hereinafter called CONTRACTOR, by and through R. J. Miller, its duly authorized President. 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: CEILING REPLACEMENT AND INSULATION PROJECT NO. DEM00-03:MBO TERMINAL BUILDING, MEACHAM AIRPORT 4201 NORTH MAIN STREET, FORT WORTH 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 Contract Documents hereto attached and made a part of this contract the same as if written herein and Plans and Specifications and Contract Documents, prepared by FRS Design Group, and signed by John Fireston, 3-15-2000 and on file with the Department of Environmental Management.. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price shown on the BID submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be $259.740.00 and includes the base bid and Alternates. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 95 calendar days. Insurance Requirements: The Contractor will provide a Certificate of Insurance listing the City of Fort Worth as certificate holder, showing the required General Contractors Liability coverage, Auto Liability, and Builder's Risk. 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 55 with State law. No Notice to Proceed will be issued until the Contractor has complied with this section. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of �- workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. If this Contract is in excess of $25,000, the Contractor shall provide Payment Bond. If the Contract is in excess of$100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the Contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the .. Contractor and his Surety shall be liable to the Owner for such deficiency. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in five counterparts with its corporate seal attached. This agreement has been executed by the parties in Tarrant County, Texas City of Fort Worth R. J. Miller & Associates, Inc. Charles Boswell, Asst. City Manager R. J. Miller reside APP VED AS TO FORM WITNESS: 7 r Assista 5K ity Attorney ,� Name: /ecvol' Ona .e4 et Title: Pogtc 4 /ga.rlav�/ ATTEST: CORPORATE SEAL: frLGI ria P rson, City Secretary 17 Co—ntractctAut orization (17 Date City of Fort Worth, Texas "atfor And Council C.Onsmunicalflon DATE REFERENCE NUMBER LOG NAME PAc:: 4/4/00 C-17973 52MEACH 1 of 2 suaJEcr AWARD OF CONTRACT TO R. J. MILLER AND ASSOCIATES, INC. FOR CEILING ' AND INSULATION REPLACEMENT AT MEACHAM TERMINAL BUILDING RECOMMENDATION: It is recommended that the City Council: 1. Approve the transfer of $272,727 ($259,740 plus $12,987 contingency) from the Environmental Operating Fund to the Meacham Terminal Ceiling and Insulation Replacement Project in the Environmental Management Project Fund; and 2. Authorize the City Manager to execute a contract with R. J. Miller and Associates, Inc. in the amount of $259,740 for replacement of the ceilings and insulation following the asbestos abatement of the Meacham Terminal Building. DISCUSSION: The project consists of re-insulating piping and HVAC ducts from which asbestos insulation has been removed. The HVAC ducts, diffusers. lights and acoustic grid ceiling are to be reinstalled. The project pO- will proceed in close coordination with the asbestos abatement contractor who is removing the ceiling and duct/piping insulation. The goal is to cause the present tenants as little disruption as possible and allow incoming tenants an optimal move in date. This project was advertised in the Fort Worth Commercial Recorder March 17 and 20, 2000. A mandatory pre-bid meeting was held March 22, 2000. Bids were received March 30, 2000 from the following firms: BIDDER AMOUNT R. J. Miller and Associates. Inc. $259,740 Southcrest Corporation 284,777 i Ed A. Wilson, Inc. 348,295 Woodrose Company 434,373 Triple R General Contractors 484,782 Coronado Builders, Inc. 525,000 R. J. Miller and Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to 49% M/WBE participation. The City's goal on this project is 17°o. City of Fort Worth, Texas "aljor and Coun"R Communicniflon -� DATE REFERENCE NUMBER LOG NAME PAGE 4/4/00 C-17973 52MEACH 2 of 2 SUBJECT AWARD OF CONTRACT TO R. J. MILLER AND ASSOCIATES, INC. FOR CEILING AND INSULATION REPLACEMENT AT MEACHAM TERMINAL BUILDING FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current captial budget, as appropriated, of the Environmental Management Project Fund. CBJ I: Submitted for City Manager's FUND :1CCOU\T CENTER AMOUNT CITY SECRETARY Office by: (to) R101 539120 052200013000 $272,727.00 Charles Boswell 85 1 l ((U`��vr!�II//�� Originating Department Head: CITY C\.lU���`tt-'+L Brian Boemer 8085 (from) A; R 4 2100 R101 539120 052200013000 $272,727.00 Additional Information Contact: R103 538070 0521100 $272,727.00 Brian Boemer 8085 Client# : 30146 RJMIL .LA ORD, CERTIFICATE OF LIABILITY INSURANCE D04/06 THIS Q PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HIGGINBOTHAM Sc ASSOC. , INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. BOX 908 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort Worth, TX 76101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 817 336-2377 INSURERS AFFORDING COVERAGE INSURED INSURER A:General Accident Ins Co of Americ R.J. Miller & Associates, Inc . dba INsuRERe:Camden Fire Insurance Assoc. Fort Worth, TX 76107 W. Vickery Blvd. INSURER c:Potomac Insurance Co of Illinois For _ INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICYEFFECTIVE POLICY E iRATIO NF TYPE OF INSURANCE POLICY NUMBER OD/ DATEI[MMIDDIM LIMITS AGENERAL LIABILITY CPP121342700 07/22/99 07/22/00 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $2 0 0J 0 0 0 CLAIMS MADE OCCUR MED EXP(Any one person) $10 0 0 0 PERSONAL&ADV INJURY $1 6_0 O 0 0 0 f GENERAL AGGREGATE $2 000 000 GENL AGGREGATE LIMIT APPLIES PER: PROD UCTS-COMPIOP AGG.$2 000 000 7POLICY PRO 17 LOC B AUTOMOBILE LIABILITY BA028883400 07/22/99 07/22/00 COMBINED SINGLELIMLT X ANY AUTO (Ea accident) $1, 000, 000 ALL OWNED AUTOS SCHEDULEDAUTOS BODILY $ Par person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peraccldent) PROPERTY DAMAGE $ (Per accident) GARAGELIABWTY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC S OTHER THAN AUTO ONLY: AGG $ C EXCESS LIABILITY CUB015348100 07/22/99 07/22/00 EACH OCCURRENCE $4, 000, 000 X OCCUR Ej CLAIMS MADE AGGREGATE $4, 000 , 000 Is DEDUCTIBLE $ X RETENTION $10000 $ B WORiIERSCOMPENSATIONAND WC03SO48500 07/22/99 07/22/00WCSTATIT FEI EMPLOYERS'LIABILITY E.L.EACH ACCIDENT SS O 0 0 0 0 E.L.DISEASE-EAEMPLOYE $S 0 0 0 0 0 E.L.DISEASE-POLICYLIMI $S O O 0 0 0 OTHER DESCRIPTION OFOPERATIONSILOCATIONS/VEHICLES/EXCLUSIONSADDED BY ENDORSEMENTASPECIALPROVISIONS Project :Ceiling Replacement and Insulation The City of Fort Worth is named as Additional Insured as respects General Liability & Automobile Liability. A Waiver of Subrogation is issued in favor of the City of Fort Worth as respects General Liability, Automobile Liability and Workers' Compensation policies . CERTIFICATE HOLDER ADDMONALINSURED-INSURERLETTER CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBEDPOUCESBECANCELLED BEFORETHEEC RRATION City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILLENDEAVORTO MAIQ Q DAYSWRITTEN Transportation and Public Works NOTICE TO THE CERTLFICATEHOLDER MAMEDTOTHE LEFT,BUTFAILURETODOSOSHALL 1000 Throckmorton St . IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURIERITS AGENTS OR Fort Worth, TX 76102 REPRESENTATIVES. AUTHORIZED RESENT i fL++ui ACORD 25-S(7/97)1 of 2 #S40921/M33510 SHA Q ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) muni be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemem(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does t affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S40921/M33510 Client# : 30146 RJMIL �TM CERTIFICATE OF LIABILITY INSURANCE °04/06%00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HIGGINBOTHAM & ASSOC. , INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. BOX 9 0 8 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, TX 76101 817 3 3 6-2 3 7 7 INSURERS AFFORDING COVERAGE INSURED INSURERA:General Accident Ins Co of Americ R.J. Miller & Associates, Inc . dba INSURERB:Camden Fire Insurance Assoc. 3624 W. Vickery Blvd. INSURER 0:Potomac Insurance Co of Illinois Fort Worth, TX 76107 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFIcATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LM NSATYPE OF INSURANCE POLICY NUMBER DTE(MME DYNE DLICY EXPIRDADTIO LIMITS AGENERALUABIUTY CPP121342700 07/22/99 07/22/00 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) S2 0 0, 0 0 0 CLAIMS MAD OCCUR ME D EXP(Any one person) I$10 0 0 0 PERSONAL h ADV INJURY $1, 000 , 000 GENERAL AGGREGATE s2, 000 , 000 GENLAGGREGATE LIMITAPPLIESPER: PRODUCTS-COMPIOPAGG s21000 OOO POLICY PRO- LOC JE B AUTOMOBILE UABIUTY BA028883400 07/22/99 07/22/00 COMBINED SINGLE LIMIT $1, 000, 000 X ANYAUTO (Eaaccldent) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS RY X NON-OWNED AUTOS BODILY Int) Par accideent $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ NYAUTO OTHER THAN EAACC $ A $ AUTO ONLY: AGG $ C EXCESS LIABILITY CUB015348100 07/22/99 07/22/00 EACH OCCURRENCE s4 000 , 000 X OCCUR CLAIMS MADE AGGREGATE $4 0 0 0 0 0 0 Is DEDUCTIBLE $ X RETENTION $10000 $ B WORKERS COMPENSATION AND WC035048500 07/22/99 07/22/00 WCSTATU- OTR EMPLOYERS UABIUTY E.L.EACH ACCIDENT $500, 000 E.L.DISEASE-EA EMPLOYE $500 000 E.L.DISEASE-POLICY LIMIT $500 , 000 OTHER DESCRIPTION OFOPERATIONSILOCATIONSIVEHICLESIEXCLUSIONSADDED BYENDORSEMENTISPECIALPROVISIONS Project :Ceiling Replacement and Insulation The City of Fort Worth is named as Additional Insured as respects General Liability & Automobile Liability. A Waiver of Subrogation is issued in favor of the City of Fort Worth as respects General Liability, Automobile Liability and Workers' Compensation policies . CERTIFICATE HOLDER ADDmONALINSUED•INSLkt*RLETMR CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EftPIRATION City Of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVORTO MAIL-1 n DAYSWRrrmN Transportation and Public Works NOTICHTOTHECERMCATEHOLDERRAMEDTOTHELEFT,BUTFNUIRETODOSOSHALL 1000 Throckmorton St . IMPOSE NO OBLIGATION ORLIABIUTYOFANY KIND UPON THE INSURER,RSAGENTS OR Fort Worth, TX 76102 REPRESENTATIVES. AUTHORIZED RSENT ACORD 25-S(7197)1 of 2 #S40921/M33510 SHA O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S40921/M33510 PERFORMANCE BOND TILE STATE OF TEXAS BOND NO. CBB23663 COUNTY OA TARRANT ,a KNOW ALI MEN BY THESE PRESENTS: 'fhat we: (1) R. J. MILLER & ASSOCIATES, INC. a (2) �ORPORATTON of __ TEXAS _hereinafter called Principal and (3) NATIONAL AMERICAN 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 firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the Stant of Texas hereinafter called Owner, in the penal sum of S 259,740.00 1 ; Dollars in 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 hereby bind ourselves, our heirs, executors, admuristrators, anti successors,jointly and severally, firmly by these presents. 111E CONDITION OF TIHS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worlh, the Owner, dated the__jTH-day of APRIL , 20001 a copy of which is hereto attached and made a part hereof, for the construction of: designated as Project Number DEMOO-03:MBO a copy of which contract is hereto attacbed, referred to, and made a part hereof as fully and to tl'le same extent as if copies at length herein, such project and construction being hereinafter referred to le the"work". NOW Tl:MEFORE, if the Principal shall well, truly and faithfully perform the work in accordance withithe plans, specification, and contrnc4 document during the original terns thereof,and any extmisions thereby which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs acid damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be Mcd upon this bond, venue shall lie in Tarrant County,State of Texas. AND PROVIDED FURTIgR, 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 flit gpceilications accompanying the satrrc shall in any wise niTect its obligation on this bond,and it does hereby waive notice of any such change, extension of time alteration or addition to the lecins of the contract or to the work or to the specifications. IN Wrll-IESS WHEREOF, this instrument is executed in 6 Counterparts each one of which shall be deemed an original, this tha 6TH ay of APRIL , 2000, R. J. MILLER & ASSOCIATES, INC. ' Principal (4) A T: (princip 1) Secretary (Printed NamdTitic) (SEAT.) 3624 WEST VICKERY ADDRESS FORT WORTH, TEXAS 76107 CITY/STATFMP 1010 MANVEL AVENUE, CHANDLER, OK. 74834 NATIONAL AMERICAN INSURANCE COMPANY (Address) (Surety) ATTEST: (Sur S etary i By: k-A 4 Y (Attorney-in-Fact) (5) (SEAL) CHAD W. LAND - (Printed Attorney-in-Fact) Witness as tc Surety Moue: Date of Bond must not be prior to date of Contract (1) Correct nose of Conlraefor (1) A Corporation.a Partnership or and lnd[vidue(as case-v be (9) Corrou Name of Surety (t) !f Cart►rnaor is peane,•ship all Parmeii shoald ezw%te bond (J) A true copy of Power of Aifortnty shall he nllached m bond by A'to rary-ln-Fact I PAYMENT BOND THE STATE OF TEXAS BOND NO. C BB 2 3 663 COUNTY OF'fARANT a, r,► KNOW ALL;MLN BY THESI:PRESENTS: That we, (I) R• J• MILLER & ASSOCIATES, INC a (2) CORPORATION of TARRANT County, TEXAS , , hereinafter called Principal and (3) NATIONAL AMERICAN 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 firmly 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: TWO HUNDRED FIFTY NINE THOUSAND SEVEN HUNDRED FORTY AND 00/100 5( 259,740.00 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 hairs, executors, administrators and successors jointly and severally, firmly by time presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner dated the 6TH day of APRIL ,2000, a copy of which is hereto attached and made a part hereof,for the construction of: CEILING REPLACEMENT AND INSULATION TERMINAL BUILDING, MEACHAM AIRPORT designated a9 P �ect Number DEM00-03:MBo copy of which contract is hmto attached,refto, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter.referred to as the"works". NOW,THEREFORE,the condition of the obligation is sueh 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 FURTB R, that if any legal action be filed upon this,bond, vtmue shall lie in Tarrant County, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees that no clutngc extension of time, alteration or addition to the terms of the contract or to the work.to be performed thereunder or the specification accompanying the some 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. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNP.SSETI;I WHEREOF, this instrument is executed in A_ counterparts, each one of which shall be deemed an original,this the 6TH day of APRIL ,2000, a r R. J._ MTI.I,FR ASS(1CTATFS IN(;. Principal (4) ATTl3S t. 'V4 U--- BY: (Mmcipal) Secretary (Printed Name/Title) (SEAT.,) 3624 WEST VT .K .RY ADDRESS FORT WORTH, TEXAS 76107 CITX/STA►TL'ZIP 1010 MANVEL AVENUE, CHANDLER, K. 74834 NATIONAL AMERICAN INSURANCE COMPANY (Address) i (Surety) ATMT: (S ecretary By: h/ (Attorney-in-Fact) (5) CHAD W. LAND (Printed Attorney-in-Fact) (SEAL) Witness as to Surety Note, Dale of RQnd mart not be prior to dote of Conrroet (1) Comma name of Conlraaor RI A Corporadom a Nrtwjhfp or, and Indivldaa4 as ca-NM be (3) Car m None of AYWV (4) Contractor Lj Partnership all Portners s/totrld execute bond NATIONAL AMERICAN INSURANCE COMPANY Bond Z 3 6 6 OMAHA, NEBRASKA Number CBB PRINCIPAL: NAME,ADDRESS POWER OF ATTORNEY CITY STATE,ZIP ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE R. J. MILLER & ASSOCIATES, INC. SAFETY PAPER. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT ASAN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH 3624 WEST VICKERY THE ORIGINAL. FORT WORTH, TEXAS 76107 KNOW ALL MEN BY THESE PRESENTS:That the National American Insurance Company,a corporation duly organized under the laws of the State of Nebraska,having its principal office in the city of Chandler,Oklahoma,pursuant to the following resolution,adopted by the Hoard of Directors of the said 9itnpany on the 8th day of July, 1987,to wit: EFFECTIVE DATE "Resolved,that any officer of the Company.shall have authority to make,exccule and- deliver a Power of Attorney constitalting as Attorney-in-fact, such persons, firms, or 4/6/00 corporations as may be selected from time to time. Resolved that nothing in this Power ofAttomey shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or CONTRACT AMOUNT policies of insurance on behalf of National American Insurance Company. Be It Further Resolved,that the signature of any officer and the Seal of the Company may be $ 259,740.00 affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall BOND AMOUNT be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the $ 259,740.00 future with respect to any bond and documents relating to such honds to which it is attached." Nacional American Insurance Company does hereby make,constitute and appoint Lanny W.Land,Chad W.Land,Camille Edwards,or Gwen J.Hall its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,places and stead,to sign,execute,acknowledge and deliver in its behalf,and its act and deed,as follows: The authority of said Attorney-in-fact to bind the company shall not exceed$1,000,000 for any single bond. And to bind National American Insurance Company[hereby as fully and to the same extent as if such bonds and documents relating to such bonds were,signed by the duly authorized officer of the National American Insurance Compar�,and all the acts of said Auomey(s)pursuant to the a4lhorily herein given,are hereby ratified and confirmed. IN WITNESS WHEREOF,the Nati4al American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. ►w t►t ,s� 4 IN yam NATIONALAMERICAN INSURANCE COMPANY 1�6� SEAL �!/...41 t. r�4 OMAN' W,Brent LaGere,Chairman&Chef Executive Officer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July,A.D.1987,before me personally came W.Brent LaGere,tome known,who being by me duly sworn,did depose and say;that he resides in the County of Lincoln,State of Oklahoma;that he is the Chairman and Chief Executive Officer of the National American Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation:that the seal affixed to the said instrument is such corporate seal•that it was so affixed by order of the Board of Directors of said corporation and that lie signed his name,(hereto by like order. Q,,O A A# tA :uauc nut a Notary Public STATE OFOKLAHOMA ) My Commission Expires August 31,2003 COUNTY OF LINCOLN ) SS: I,the undersigned,Assistant Secretary of the National American Insurance Company,A Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and aliached I,04VIiR OF A•1"rORNEY rerndns tat full force. Signed and Sealed at the City of Chandler. 'K IN.t0?+ Dated the 6TH day of APRIL 2000 1 SEAL ��4 F Winifred E.Mendenhall,Assistant Secretary OMAN' "t,"A111�' _ Bond Number: Premium• PERFORMANCE BOND (Required if contract amount exceeds$25,000) THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, R. J. Miller and Associates, Inc., a corporation of Texas, hereinafter called Principal, and , 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 firmly bound unto the City of Fort Worth, a municipal corporation, organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: Two hundred fifty-nine thousand, seven-hundred forty Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas , for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of , A.D. , a copy of which is hereto w attached and made of part thereof, for: Labor, materials, and equipment necessary for performing Ceiling and Insulation Replacement at Meacham Terminal Building Designated as Project Number: DEM00-03:MBO, a copy of which agreement is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein;, such project being hereinafter referred to as the "work." NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and agreement documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do IM so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, 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 agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation 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 to the specifications. IN WITNESS WHEREOF, this instrument is executed in three counterparts each one of which shall be deemed an original, this the day of , A.D. Contractors, Inc. PRINCIPAL Q ATTEST: Q BY: W (Principal) (Address) (SEAL OF PRINCIPAL) r (Witness as to Principal) Surety BY: ATTEST: (Attorney-in-fact) (Surety) Secretary s (Address PFRORMANCE BOND THE STATE OF TEXAS BOND No. CBB23663 COUNTY Of TARRANT ►a ► .KNOW ALL MEN BY THESE PRESENTS: That we: (1) R. J. MILLER & ASSOCIATES, INC., a (2) CORPORATION of 'TEXAS hereinafter called Principal and (3) NATIONAL AMERICAN INSURANCE COMPANY a corporation organized and existing tinder the laws of the State and fully authorized to transact business in the State of Texas, as Suroty, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the Stabs of Texas hereinafter called Owner, in the penal sum of S 259,740.00_1_ Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Tcxas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. TME CONDMON OF TIRS OBUGATION is such that Whereas, the Principal entered into a certain contract wish the City of bort Worth, the Owner, dated the 6Ttl y of APRIL , 2000, a copy of which is hereto attnehed and made a part hereof, for the construction of: designated as Project Number DEM00-03:MBO , a copy of which contract is hereto altacbed, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly and faitbMly perform the work in accordance wifih'the plans,specification, and contracts document during the original term thereof, and any extensions theretf which may be granted by the Owtler, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully.indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse anti repay the owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon tlds bond, venue shall lie In Tarrant County, Static of Tcxas. AND PROVIDED FUR:MR, that the said Surety, for value received, hereby stipulates and agrees that no change,extension of tune, alteration or addition to the terms of the contract or to the work to be performed thcrcunder or the specifications accompanying the sainc shall in eny wise affect its obligation on this bond, and it does hereby waive notice of any suctt change, extension of time altmtion or addition to the terms of the contact or to the work or to the specifications. IN WITNESS WITEREOF, this instrument is executed in_6 Counterparts each one of which shall be deemed an original, this dic 6TH day of APRIL .UK R. J. MILLER & ASSOCIATES, INC. principal (4) A T: By: (PrineiQ ) Secretary (Printed Namefritle) (SEAL) 3624 WEST VICKERY ADDRESS FORT WORTH, TEXAS 76107 CITY/STATE/ZIP 1010 MANVEL AVENUE, CHANDLER, OK. 74834 NATIONAL AMERICAN INSURANCE COMPANY (Address) (Surety) ATTEST: (S tary ti • By. (Attorney-in-Fact)(5) (SEAL) CHAD W. LAND . (Printed Attorney-in-Fact) Witness as to Surety Note: Date of Bond must not be prior to date of Contract (l) Comm nm to of Coetrocfor (2) A Corporation,a Famenhip or and Individual,na cwa aw be (3) Cwnu N—of Survy (4) /f Canjrncwr is paHmmh1p all 1 mueji should czwuts bomf (3) A True copy of Nwer of Atforney shall be dueehed to bond by Atrarney-in-Fau PAYMENT BOND THE STATE OF TEXAS BOND NO. CBB23663 COUN"T"Y OF'-ARRANT KNOW ALLY MEN BY THESE PRESENTS: That we, (1) R. J. MILLER & ASSOCIATES, INC a (2) CORPORATION of TARRANT County, TEXAS hereinafter called Principal and (3) NATIONAL AMERICAN 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 firmly 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, ficins, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of: TWO HUNDRED FIFTY NINE THOUSAND SEVEN HUNDRED FORTY AND 00/100 ( 259,740.00 lawful money of the United States, to be paid in Fort Worth, Tan-ant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is ouch that Whereas, the Principal entered into a certain contract with the City of Fort Worth,the Owner dated the 6TH day of APRIL , 2000, a copy of which is hereto attached and made a part hereof, for the construction of: CEILING REPLACEMENT AND INSULATION_, TERMINAD BUILDING, MEAChAM AIRPORT designated as P 'ect Number DEM00-03:MBO copy of which contract is hereto attached, ref to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"works". NOW, THEREFORE, 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 FURTFW13, 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 specification 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. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESSETH WFiI?RBOF, this instrument is executed in AL counterparts, each one of which shall be deemed an original,this the 6TH day of APRIL ,2000 a a $. J. MILTYR & A.-,RQr.TATFc, INC. Principal (4) ATTES BY: (Eftcipal) Secretary (Printed Namefritle) (SEAL) 3624 WEST VTQKERY ADIMSS FORT WORTH, TEXAS 76107 CITYISTATWIP 1010 MANVEL AVENUE, CHANDLER, K. 74834 NATIONAL AMERICAN INSURANCE COMPANY (Address) (Surety) ATTEST: . 0 \ 1 (SWW) e ewy , W By: CA (Attorney-in-Fact)(5) CHAD W. LAND (Printed Attorney-in-Fact) (SEAL) Witness aS to Surety Note: Dale of Bwd must not be prior to dare of Couract (1) Carrea name of COM&W tar (1) A Corporadv&a PartnerAfp or and ladiWdM4 as aux NW be (3) Ca Ted MMM ofsurmy (4) (r Coarrador y Porrne►7tilp 911 Partnaa SM&Id cwcwe bond NATIONAL`AMERICAN IN COMPANY Bdnd 2 3 6 6 OMAHA, NEBRASKA el- Number CBB PRINCIPAL: NAME,ADDRESS POWER OF ATTORNEY CITY,STATE,ZIP ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER. DUPLICATES SHALL HAVE THE SAME FORCE AND R. J. MILLER & ASSOCIATES, INC. EFFECTASAN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH 3624 WEST VICKERY THE ORIGINAL. FORT WORTH, TEXAS 76107 KNOW ALL MEN BY THESE PRESENTS:That the National American Insurance Company,a corporation duly organized under the laws of the Slate of Nebraska,having its principal of f ice in the city of Chandler,Okhtlwtnn,pursuant to the following resohdion,udoplctl by dtc Ifonrd of Directors of the said C ftlnpnny on the 8th day of July, 1997,to wit: EFFECTIVE DATE "Resolved,that:my officer of the Company shall have authority to make,execute and- deliver a Power of Attorney constitgting as Attorney-in-fact, such persons, firms, or 4/6/00 corporations as may be selected from time to time. Resolved that nothing in this Power of Attomey shall be construed as a grant of authority to the attomey(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or CONTRACT AMOUNT policies of insurance on behalf of National American Insurance Company. $ 259 740.00 Be It Further Resolved,that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimi le,and any I j such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall BOND AMOUNT be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the $ 259,740.100 I'uturc with respect to any bond and documents relating to such bonds to which it is attached." National American Insurance Company does hereby make,constitute and appoint Lanny W.Land,Chad W.Land,Camille Edwards,or Gwen J.Hall its true and lawful atto mey(s)-in-fact,with full power and authority hereby conferred in its name,places and stead,to sign,execute,acknowledge and deliver in its behalf,and its act and deed,as fol lows: The authority of said Attorney-in-fact to bind the company shall not exceed$1,000,000 for any single bond. And to bind National American Insurance Company Ihereby as fully and to the same extent as if such bonds and documents relating to such bonds were,signed by the duly authorized officer of the National American Insurance Compa and all the acts of said Attorneys)pursuant to She aytthority herein given,are hereby ratified and con ftrilled. IN WITNESS WHEREOF,the Natl4al American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. �t,w lNs� t°e +y NATIONAL AMERICAN INSURANCE COMI'ANY r 41L 04 M SEAL co r~1 ,OMAHA 1V.Brent LaGere,Chairman&Chef Executive Officer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July,A.D.1987,before me personally came W.Brent LaGere,to me known,who being by me duly sworn,did depose and say;that he resides in the County of Lincoln,Stale of Oklahoma;that he is the Chairman and Chief Executive Officer orthe National American Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation:that the seal affixed to the said instrument is such corporate seal:that R was so affixed by order of the Board or Directors or said corporation and that he signed his name,thereto by like order. yt:6 MI!! O �pTA PUBLIC ...111 OF 0. eco c°`tNotary Public STATE OF OKLAHOMA ) My Commission Expires August 31,2003 COUNTY OF LINCOLN ) SS: 1,(lie undersigned,Assistant Secretary of the National American Insurance Company,A Nebraska Corporation,DO HEREBY CERTIFY that lite foregoing and attached POWER OF ATTORNEY remains In full force. Signed and Sealed at the City of Chandler. ®remast Dated the 6TH dayor APRIL 2000 Winifred E.Mendenhall,Assistant Secretary Bond Number: Premium: PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we, R. J. Miller and Associates, Inc., a corporation of Texas, hereinafter called Principal, and , 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 firmly bound unto the City of Fort Worth, a municipal corporation, organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: Two hundred fifty-nine thousand, seven-hundred forty Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas , for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the-`h day of , A.D. , a copy of which is hereto attached and made of part thereof, for: Labor, materials, and equipment necessary for performing Ceiling and Insulation Replacement at Meacham Terminal Building Designated as Project Number DEM00-03:MBO, a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein; such project being hereinafter referred to as the "work." NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the w Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall Iie in Tarrant County, State of Texas. AND PROVIDED FURTHER, 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 specifications accompanying the same shall in any wise affect its obligation 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 to the specifications. IN WITNESS WHEREOF, this instrument is executed in three counterparts each one of which shall be deemed an original, this the day of , A.D. Contractors, Inc. Z PRINCIPAL Us � O ATTEST: BY: Q a (Principal) ' (Address) (SEAL OF PRINCIPAL) ' (Witness as to Principal) Surety BY: ATTEST: (Attorney-in-fact) ' (Surety) Secretary ' (Address BID T0: MR. BOB TERRELL CITY MANAGER CITY OF FORT WORTH, TEXAS ' FOR: CEILING REPLACEMENT AND INSULATION PROJECT NO. DEM00-03:1VI60 TERMINAL BUILDING, MEACHAM AIRPORT 4201 NORTH MAIN STREET, 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 Environmental Management of the City of Fort Worth. Upon acceptance of this BID 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: DESCRIPTION OF ITEMS Base Bid $ .1S9 7 y0 The undersigned agrees to complete the Work within ninety-five (95) 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 Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. 1_I Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. 1_I Non-resident vendors in (give state), are not required to underbid resident bidders. B. XK* Our principal place of business or corporate office's are in the State of Texas. Within five (5) 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 this contact. The attached deposit check in the sum of lj/A4 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. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000) • I am aware that I must submit information the Director, Environmental Management, concerning the M/WBE participation with the submittal of this Bid in order to be RESPONSIVE. Respectfully submitted, R.J. Miller and Associates Inc. Company Ne By: Signature RJ eller President Printed Name of Principal Title Address: 3624 West Vickery Blvd. Street Fort Worth, Texas 76107 City Zip Phone: 817-377-0971 Fax: 817-377-0973 Receipt is acknowledged of the following addenda: Addendum No. 1: Received Addendum No. 2: i w CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM w THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LEGAL AND CITY MANAGER APPROVAL. To: Michael Ganae (underline appropriate ne) Proje t Manager Buyer Department Director From: 6104 M/WBE Office Staff Extension Date: 30 March 2000 In the Amount of $259740.00 DEM00-03:MBO Project No. Project/Bid: Meacham Airport Terminal Building Ceiling_ Replacement and Insulation 1. Compliance with the City's M/WBE Ordinance has been achieved by one of the following methods: a) R.J. Miller and Associates, Inc. is incompliance with the City's M/WBE Ordinance by committing to49%% M/wBE participation. The City's goal on this project is 17° . b) is in compliance with the City's M/WBE Ordinance by committing to % M/WBE participation and documenting good faith effort. The City's goal on this project is %. C) is in compliance with the City's M/WBE Ordinance by documenting good faith effort. The City's goal on this project is % d) is in compliance with the City's M/WBE Ordinance by submission of the prime contractor waiver form. The City's goal on this project is %. w 2. The apparent low dollar bidder(s)did not comply with the City's M/WBE Ordinance because: Rev. 05111/99 City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $25,000 or more, the M1WBE goal Is applicable. If the total dollar value of the contract Is less than $25,000, the IW/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (MIWBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of MNVBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. PAMBE PROJECT GOALS The City's MBE/WBE goal on this project is 1'7 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of S25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated MIWBE goal,or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION ��>a The applicable documents must be received by the Managing Department, withie the , in order for the entire bid to be considered responsive to the specifications. 1. M1WBE Utilization Form: lay 649 five (9) G45, bwsipieeq days ska-1;Ali;e tae. 2. Prime Contractor Waiver Form: 3 _ h�e hid FAILURE TO COMPLY WITH THE CITY'S h1M1BE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the MM1BE Office at(817) 871.6104. Rev.612195 �* ATTACHMENT 1A City of Fort Worth Page 1 of 2 Minority and Women business Enterprise Specifications MBEMBE UTILIZATION -a.J. Miller and Associates. Inc. 03-30-2000 RIME COMPANY NAME BID DATE �-:eilinq Replacement and Insulation DEM00-03:MBO PROJECT NAME PROJECT NUMBER -ITY'S NtAV13E PROJECT GOAL: I � J1;1VtlE PERCENTAGE ACHIEVED; railure to complete this form, in its entirety with supporting documentation, and received by the Managing Department )n bid opening, -to, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the h1BE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing lcnisrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name,Contact Name, Certified Specify Contracting Specify All Items to be Dollar Amount Address, and Telephone No. _ Scope of Work {`) Supplied(') w U o E u . C CL All « ;• EIGc-f�'� 3 do?-13293 �!r � P. O. 2 W, t✓d14 4 0 G rGe,4,,6 j ��GQAItLG�ors 73 6a3 00 _ �w Oaw.. Fo f,+� a Ser CL f e- ,�lit f,on 4 Sk Tyr. 107 So,.,.fk rl d; B 4c Oa U 7X 1 a _ 1 ' TL S T�•O'� yrSwrA- lOd1 SSI y73 V✓ e+t w cL Mf VIBEs must be located in the 9 (nine)county marketplace or currently doing business in the marketplace at the time of bid. ('} Specify all areas In which MWBE's are to be utilized andfor Items to be supplied: (') A complete listing of items to be supplied is required in order to receive credit toward the MiWBE goal. {^}Identify each Tier level, Tier:Means the level of subcontracting below the prime contractorfconsultant, i.e.,a direct payment from the prime contractor to a subcontractor is considered 11 tier,a payment by a subcontractor to its supplier is considered 2"1 tier. THIS FORN1 h1UST BE RECEIVED BY THE MANAGING DEPARTMENT Rev.612If Pages 1 and 2 of Attachment 1A must be received by the Managing Department s ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBEMBE UTILIZATION Company Name, Contact Name, Certified Specify All Contracting Specify AIJ Items to be Dollar Amount Address, and Telephone No. _ Scope of Work(') Supplied(`) Z11 V OG v F X as v r rn r 'The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. A L BEs and WBEs BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD RJ Miller Authorized Sign tyre Printed Signature Presiden Trevor RrownP Prn�ert- Manapar Title Contact Name and Title (if different) R.J. Miller and Associates, Inc. 817-377-0971 Company Name Telephone Number(s) 3624 West Vickery Blvd. 817-377-0971 Address Fax Number Fort; Worth, Texas 76107 03-27-2000 City/State/Zip Code Date THIS FORM h1UST BE RECEIVED BY THE MANAGING DEPARTMENT Rev.612198 Pages 1 and 2 of Attachment 1A must be received by the Managing Department R.J. Miller & Associates List of Subcontractors (P,ofosed ) Task Subcontractors %jwR./It.iGr 11/10 �LX w0 r o rn 1nA0VA Trv� �oorrn9 SGr✓14C l7rA.�'G -s n.Sw�cL�r'o✓1 .I nsW l4.�r•o�! M c CL % r o- M v i9cn V,A,'G pr O.."df Enpr'AGtr�rnq 5 p. ul Eb. orr, 41 . �o v � m v cv q u N � ° -b G . o . Gr °t w a ,4 Id .N 0 a ON �. o, N ch ro � "TJ m Zn p9q p m 4s Qj VNa QJ - � --I �4 d p� O r-I G U U H J1 04 I I N rl ' y a to 'E L ' b D4 CUr.. 0, o : : a, m ro to u r-4Nr...�.' 70 0 ao _4 , +3 y a u H � °0 O•� � H G� to Im 04 j q � H C Iti Dcl 4 E hO 43 O v G a� c� vd ,c U 7- O i' 00 z rt dJ .X i0 Q c� ca y r T Reg I- 01 -00 09 : 17P N • Uj wf aI 4" 4 91 gal Me k 'it Ir� �� � �!�._ � ,F � t��• 1 t� "If-i� '�t���' C7 T r.r �� C, ._ r •r� aSSt�. 1 I� G Q � G G 0 O 0rd v /. � E N lV N � Y/ V N w v d 41 .� U -jo � life � f4 rl Q~1 (d % I v H Q t•, rC I' N4 U d H J O :L) r \ va W G M n O VV J O u CR41 54 rll M cd o 'C o �'. U CJ L Wedtd U ro '0 Jto O r-1 u �' '� r-1 �' u '�' p �'•r .-! b W v 6- C o bCl, = U N p+ C a u A A me Iy+ tYt d -� a v •� oo M to q G G v 41i� o \ v v 'c •° o U o v a �o -G v G v O �+ � N .r � V L edU o � v '� w rd u -� o CIS °NOr Reg 1, � 3 Contractor's Qualification Statement AIA Document A305 - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This form is approved and recommended by The American Institute of Architects (AIA) and The Associated General Contractors of American (AGC) for use in evaluating the qualifications of contractors. No endorsement of the submitting party or verification of the information is made by AIA or AGC. Copyright 1964, 1969, 1979, 1986 by The American Institute of Architects, 1735 New York Avenue N.W, Washington D.C. 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED TO: Bob Terrell ADDRESS: [ City of Fort Worth Corporation X ] Partnership [ ] 1000 Throckmorton Individual [ ] Fort Worth.TX 76102 Joint Venture [ ] SUBMITTED BY: R.J. MILLER&ASSOCIATES. INC. Other [ ] NAME: Trevor Browne ADDRESS: 3624 W. VICKERY BLVD. FORT WORTH.TEXAS 76107 PRINCIPAL OFFICE: SAME NAME OF PROJECT (if applicable): Ceiling Replacement and Insulation Terminal Building Project# DEM00-01M130 TYPE OF WORK(file separate form for each Classification of Work): [ X1 General Construction [ ] HVAC [ ] Plumbing [ ] Electrical [ ] Other(please specify) 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? SEVEN (7) 1.2 How many years has your organization been in business under its present business name? SEVEN (7) ar AIA DOCUMENT A305 -CONTRACTOR'S QUALIFICATION STATEMENT- 1986 EDITION -AIA-COPYRIGHT 1986 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON D.C.. 20006-5292.WARNING; Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A305-1986 User Document: CQS--3/27/2000.AIA License Number 112826, which expires on 5/7/2001 --Page 4 1 1.2.1 Under what other or former names has your organization operated? 1.3 If your organization is a corporation,answer the following: 1.3.1 Date of incorporation: JUNE 14, 1993 1.3.2 State of incorporation: TEXAS 1.3.3 President's name: R.J. MILLER 1.3.4 Vice-president's name(s): 1.3.5 Secretary's name: WILLIAM BRACKET 1.3.6 Treasurer's name: H.G. WHITE 1.4 If your organization is a partnership,answer the following: 1.4.1 Date of organization: 1.4.2 Type of partnership(if applicable): 1.4.3 Name(s)of general partner(s): 1.5 If your organization is individually owned,answer the following: 1.5.1 Date of organization: 1.5.2 Name of owner: 1.6 If the form of your organization is other than those listed above, describe it and name the principals: 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. N/A 2.2 List jurisdictions in which your organization's partnership or trade name is filed. N/A 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces. FINISH/ROUGH CARPENTRY DRYWALL/CEILINGS DOORS/FRAMES/HARDWARE PAINTING EXTERIOR RESTORATION 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 3.2.1 Has your organization ever failed to complete any work awarded to it? NONE 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? NONE 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? NONE AIA DOCUMENT A305 -CONTRACTOR'S QUALIFICATION STATEMENT- 1936 EDITION-AIA-COPYRIGHT 1986-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C..20006-5292,WARNING; Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A305-1986 User Document: CQS -- 3/27/2000. AIA License Number 112826, which expires on 5/7/2001 -- Page#2 3. EXPERIENCE 3.6 Construction Experience and Present Commitments of Key Individuals Ronald Jack (R.J.) Miller, President 1993 - Present EDUCATION 1974 - 1978 Texas Christian University 1974 Richland High School EXPERIENCE 1993 — Present R.J. Miller& Associates; President 1989 - 1993 The Frymire Company; Project Manager 1979 - 1989 R.J. Miller Construction; Owner/Operator . General Construction Company serving the Fort Worth/Tarrant County area. 3. EXPERIENCE 3.6 Construction Experience and Present Commitments of Key Individuals Mark S. Renfro, Project Manager May 1996 - Present EDUCATION 1975 - 1979 Texas Christian University 1975 Arlington Heights High School EXPERIENCE 1996 - Present R. J. Miller& Associates; Project Manager Supervises Interior and Exterior Renovations And Remodel Projects 1992 - 1996 Quality Woodcraft Buildings, Inc.; Sales Manager; Annual Sales of$2,700,000.00 1988 - 1992 L& L Investments; Vice President Managed Oil and Gas, Restaurant Projects 1979 - 1988 Dugger Development Corporation; Vice President; Developed and Managed Various Commercial Real Estate Projects 3. EXPERIENCE 3.6 Construction Experience and Present Commitments of Key Individuals Mark C. Morgan, Project Manager January 1999 - Present EDUCATION 1984-1986 B.S. Engineering Technology; Construction Option Texas Tech University EXPERIENCE 1999 - Present R. J. Miller & Associates; Project Manager 1979 - 1999 Morgan Welding Inc.; Vice President Metal Fabrication and Field Installation Oil and Agriculture Related Industries 3. EXPERIENCE 3.6 Construction Experience and Present Commitments of Key individuals Trevor D. Browne, Project Manager August 1997 - Present r EDUCATION 1994 - 1998 Tarleton State University; BS Criminal Justice 1992 - 1994 Texas Tech University EXPERIENCE 1997 - Present R. J. Miller& Associates; Project Manager Manage Interior/Exterior Renovation Projects 1995 - 1997 Beall Concrete; Plant Manger Assistant Manage Drivers, Plant Material, and Equipment r1994-1995 Reese Enterprises; Cable Layer Installation of Conduit and Cable Prior to Road And Housing Development Construction r r r r r r r 2000 JOBS COMPLETED AND IN PROGRESS Tarrant County Nash Building Owner: Tarrant County Lynn Sale (817) 884-1174 $ 2,211,909.00 50% Guinn School Business Assistance Center Owner: City of Fort Worth Dale McCord (817) 332-1914 2,200,000.00 0% The Smart Clinic Owner: HCT Capital Corporation Buddy Young (817) 763-8706 210,000.00 10% IESI Corporate Expansion Owner: IESI, Texas Tom Cowee (817) 314-5800 150,000.00 50% Tarrant County Central Garage Owner: Tarrant County Lynn Sale (817) 884-1174 284,500.00 0% Bentz Physical Therapy ' Owner: Bentz Physical Therapy Peter Bentz (817) 338-4220 116,098.00 0% 1 P � r r 1999 JOBS COMPLETED IP AmeriCredit Operations Center Owner: AmeriCredit Corporation Tom Lehrman (817) 302-7757 $2,700,000.00 100% Carter Burgess Retail Distribution Division Owner: Carter Burgess Randy Offill (817) 735-6700 1,091,000.00 100% AmeriCredit Corporate Headquarters Owner: AmeriCredit Corporation Tom Lehrman (817) 302-7757 4,242,000.00 100% Lockheed Martin Smoking Canopy Architect: Carter Burgess Jay Tonahill (817) 735-6020 378,000.00 100% Housing and Urban Development Texas State Office Owner: Prentiss Properties Rick Hopwood (817) 332-6390 2,400,000.00 100% James L. West Presbyterian Special Care Center Moira Reinhardt (817) 877-1199 165,000.00 100% Carter Burgess Mercantile Expansion Owner: Carter Burgess rRandy Offill (817)735-6700 1121,000.00 100% National Logistics Services Owner: Mercantile Partners Barbara Fife (817)831-4106 390,000.00 100% Dynex Financial Owner: Mercantile Partners Barbara Fife (817)831-4106 439,500.00 100% Miscellaneous Tenant Finish Out Jones Lang LaSalle Randy Shipman (817) 877-3555 HCT Captial Corporation Buddy Young (817) 763-8706 r 1998 JOBS COMPLETED Samuel] Grand Park Owner: City of Dallas $1,300,000.00 100% Louise Elam (214) 670-5275 Texas New Mexico Power Company Owner: CMD Realty 390,000.00 100% Stan Cook (817) 377-5570 OMC Hospital Owner: HCT Capital Corporation 350,000.00 100% Buddy Young (817) 763-8706 Kmart Owner: Kmart 275,000.00 100% Jack Walker (817) 275-4645 Americredit Call Center Overton, Bailey, and Burnett Owner: AmeriCredit Corporation 1,260,000.00 100% Tom Lehrman (817) 302-7757 Lockheed Martin Owner: Lockheed Martin 578,000.00 100% Larry Morris (817) 762-2747 Corsicana State Home Owner: TX Dept. of Criminal Justice 239,220.00 100% GC - Trey Dickehut (512) 251-7872 Texas Workforce Comm/FW Call Center Owner: State of Texas 303,600.00 100% Jerry Kubala (817) 420-1808 1997 JOBS COMPLETED Southern Bleachers Architect: William A. Herrington & Associates Bill Herrington (817) 332-3237 $3,500,000.00 100% AmeriCredit Phase 1-3 Owner: AmeriCredit Corporation Tom Lehrman (8 17) 302-7757 300,000.00 100% River Plaza (Interior Remodel) Owner: Dal Worth Management Esther Neal (817) 338-0711 225,000.00 100% La Marina (Interior Remodel) Owner: HW Holding J.V. Michael Berkowitz(817) 335-1880 120,000.00 100% Truman, Spicer, Oujesky Owner: Innovative Developer's Inc. Glen Hahn (817) 335-4500 55,000.00 100% Lake Worth Bank Owner: Lake Worth Bank Wayne Mars (817) 237-8825 40,000.00 100% Fort Worth Club Owner: Fort Worth Club Pat Henderson (817) 336-7211 170,000.00 100% Osteopathic Hospital Owner: Osteopathic Hospital Buddy Young (817) 763-8706 130,000.00 100% Overton Plaza Owner: Lockheed Larry Morris (817) 762-2747 155,000.00 100% AmeriCredit (Bailey) Owner: AmeriCredit Corporation Tom Lehrman (817) 302-7757 355,000.00 100% Javalina Stadium Owner: Texas A & M University Keith Sanders (817) 853-2071 320,000.00 100% Inverness Owner: Inverness at South Padre Island Condominium Association Incorporated Tom Gray (800) 392-5291 1,100,000.00 100% i 1996 JOBS COMPLETED a Tarrant County Mental Health Mental Retardation (TC MHMR) $ 363,000.00 Owner: TC MHMR Chuck Sparkman (817)735-3805 Harris Corporate 207,000.00 Owner: Harris Methodist Hospital Scott Walker (817)570-8809 Southwind Todd 158,218.00 Owner: Southwind Todd Rod Boyles (817)291-9100 The Fort Worth Club Owner: The Fort Worth Club Pat Henderson (817)336-7211 5th Floor Remodel 78,143.00 6th Floor Remodel 14,940.00 Grapevine Colleyville ISD (Exterior Painting) 29,400.00 Owner: Grapevine Colleyville ISD Lynn Martinson (817)488-9588 Central Bank & Trust 54,250.00 Owner: Central Bank & Trust Carolyn Jeffus (817)347-8684 Carter Burgess 55,186.00 Owner: Carter Burgess Tom Lehrman (817)735-6000 1 st Floor Remodel 5th Floor Remodel Northwest Family Practice 260,000.00 Owner: Northwest Family Practice Association Dr. Terry Cowen (817)942-0749 Marcus Cable 225,345.00 Owner: Marcus Cable Tom Soulsby (817)737-4731 "A 1996 JOBS COMPLETED (CON'T) River Plaza Interior Remodel Owner: DalWorth Management Paul Guantt (817)338-0711 Suite 609 $ 35,000.00 Suite 200 57,000.00 Suite 308 4,100.00 6th Floor 13,500.00 Health Care 16,700.00 Crosslands (Interior Remodel) Owner: Dalworth Management Paul Guantt (817)338-0711 Suite 111 6,508.00 Suite 212 5,800.00 ' American Ostrich (Interior Remodel) 14,800.00 Owner: DalWorth Management ' Paul Guantt (817)338-0711 Accessible Resources 597,000.00 Owner: Accessible Resources Suzanne Moroden (817)377-1046 Dr. Barroso (Interior Finish) 133,000.00 Owner: Huguley Hospital Mark Wood (817)293-9110 A & A Allison (Interior Finish) 128,000.00 Owner: Huguley Hospital Mark Wood (817)293-9110 1995 COMPLETED JOBS Plaza Medical Center Owner: Plaza Medical Center John Riddle (817)347-5853 ENDO $ 130,421.00 Dialysis 63,621.00 Clean Linen 4,074.00 Radiology 223,455.00 Nurses Station 7,887.00 Outpatient 124,699.00 Outpatient Waiting 11,613.00 Respiratory Therapy 56,989.00 7th Floor (Respiratory Therapy - Remodel) 4,852.00 6th Floor(Corridor Remodel) 57,940.00 3rd. Floor (Etho/EKG/Waiting Room) 34,729.00 6th Floor Restroom Addition 8,307.00 Room 600 (Remodel Patient Room) 5,942.00 Exterior Hail Damage 97,000.00 Plaza Medical Center East Owner: Plaza Medical Center John Riddle (817)347-5853 5th Floor (Geriatric Ward) $ 45,000.00 1 st Floor(Waiting Room Addition) 12,945.00 PMC 310 (Doctor's Office Remodel) 1,293.00 PMC 301 East (Doctor's Office Remodel) 3,543.00 PMC 1145 10 (Doctor's Office Remodel) 16,380.00 Hail Damage Repair 98,000.00 Bank One, Texas, NA, Hulen Mall (Addition) 77,000.00 Owner: Bank One Lewis Massey (214)290-2072 ENCON Industries, Inc. (25,000 sq. ft. Finish Out) 431,605.00 Owner: ENCON Industries, Inc. West Soward (817)293-7400 Fort Worth Club Windows (Exterior Restoration) 240,000.00 Owner: The Fort Worth Club Pat Henderson (817) 336-7211 1995 COMPLETED JOBS (CON'T) 1 Carter Burgess: North/South (15,000 sq. ft. Interior Finish) 270,000.00 Owner: Carter Burgess Tom Lehrman (817)735-6000 W. T. Waggoner ( Exterior Restoration) 240,000.00 Owner: Cross Timber Oil Company i Joy Webster (817) 870-2800 Carter Burgess Macon Street (Exterior Restoration) 10,000.00 Owner: Carter Burgess Chuck Nixon (817)735-6036 1 Remington Hotel (Exterior Restoration) 57,156.00 Owner: American Hospitality Services Corp. Don West (214)518-8027 w r 1994 COMPLETED JOBS HCA Medical Plaza Hospital Miscellaneous $ 48,000.00 Owner: HCA Medical Plaza Hospital John Riddle (817)347-5853 Burnett Plaza Miscellaneous Projects 36,900.00 Owner: Burnett Plaza Bill Gray (817)332-4400 TC MHMR 95,000.00 Owner: Whitman-Dome Energy Corporation Robert Perlsweig (310)447-6599 Bank One, Texas, NA Projects 157,000.00 Owner: Bank One Lewis Massey (817)884-4562 Bombay Company 34,237.00 Owner: Bombay Company Sheri Rocha (817)339-3701 Shannon Gracey, Ratliff, & Miller 122,000.00 Owner: Bank One Lewis Massey (817)884-4562 Plaza Medical Center(NNICU/LDRPS) 284,000.00 Owner: Plaza Medical Center John Riddle (817)347-5853 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes,please attach details.) 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner,architect, contract amount, percent complete and scheduled completion date. 3.4.1 State total worth of work in progress and under contract: 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces. 3.5.1 State average annual amount of construction work performed during the past five years: 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. 4. REFERENCES 4.1 Trade References: JONES-BLAIR ZEIG ELECTRIC ALEXANDER LUMBER 4119 CAMP BOWIE 3601 W.VICKERY 2205 MONTGOMERY FORT WORTH,TEXAS 76107 FORT WORTH,TEXAS 76107—FORT WORTH,TEXAS 76107 (817)7332-3423 (Edna) (817)732-7895(Lee Monger) (817)732-1421 4.2 Bank References : FIRST NATIONAL BANK OF TEXAS — _BANK ONE 7300 HULEN ST. HULEN & 120 FORT WORTH,TEXAS 76133 _FORT WORTH.TEXAS 76133 MR. MEL WILDE,PRES. _ACCT# 1888050745 (817)294-9848 _ _017)294-0423 4.3 Surety: 4.3.1 Name of bonding company: NATIONAL AMERICAN INSURANCE CO. 4.3.2 Name and address of agent: STATEWIDE SURETY 1825 MARKET CENTER BLVD. #385 DALLAS,TEXAS 75207 (214)746-2901 LANNY LAND 5. FINANCING 5.1 Financial Statement. Insert A: 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash,joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); AIA DOCUMENT A305 -CONTRACTOR'S QUALIFICATION STATEMENT- 1986 EDITION-AIA-COPYRIGHT 1986-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON D.C..20006-5292.WARNING; Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A305-1986 User Document: CQS --3/27/2000. AIA License Number 112826, which expires on 5/7/2001 -- Page 93 Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus i and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: 5.1.3 Is the attached financial statement for the identical organization named on page one? 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? 6. SIGNA-f LIRE 6.1 Dated at this 27th day of March 4-4 2000 Name of Organization: R.J ILL & ASSOCIATES INC. By: R.J. MILLER Title: PRESIDE ;, 6.2 M R.- R.J. MILLER being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this 27th day of March 4-9 2000 ' Notary Public: My Commission Expires: f D� g o" •��9� 7$ I:YNTHIA AN TURNER Q= �i a Notary Public,State of Texas 0HJ� ,�„�•�•�-+�;=MyCommisslonExp.061&2002 r�Y 09 A 00t�Ot�Qt� � AIA DOCUMENT A305 -CONTRACTOR'S QUALIFICATION STATEMENT- 1986 EDITION-AIA-COPYRIGHT 1986-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C..20006-5292.WARNING; Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A305-1986 �” User Document: CQS --3/27/2000.AIA License Number 112826, which expires on 5/7/2001 --Page#4 Meacham Airport Terminal Building Ceiling Replacement and Insulation Phasing Schedule ' Phase I Dates: April 3-April 17 Phase II Dates: April 17- May 1 t Phase III Dates: April 28-May 11 Phase IV Dates: May 15 - May 29 Phase V Dates: May 29 -June 12 ` Phase VI s Dates: June 12-June 23 Phase VII Dates: June 15 -June 30 i a City of Fort Worth, Texas Environmental Management Department GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SECTION A be necessary for the proper execution or progress of the DEFINITIONS,PROCEDURES AND INTERPRETATIONS work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor,or Owner, A-1 CONTRACT DOCUMENTS. By the term Contract and will be issued with reasonable promptness and at such Documents is meant all of the written and drawn documents times and in accordance with such schedule as may be setting forth or affecting the rights of the parties, including agreed upon. Such Interpretations shall be consistent with but not necessarily limited to, the Contract, Notice to the purposes and intent of the Plans and Specifications and Bidders, Proposal, General Conditions, Special Conditions, may be effected by Field Order. In the event of any dispute Specifications, Plans, Bonds and all Addenda, Amendments between any of the parties to the Contract and the Architect signed by all parties, Change Orders, written Interpretations or each other involving the interpretation of the Contract �t and any written Field Order for a minor change in the Work. Documents,the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor A-2 ENTIRE AGREEMENT. The Contract Documents or materialsman, or involving any question of fault or liability represent the entire agreement between the Parties, and no of any party, the decision of the Owner shall be final and prior or contemporaneous, oral or written agreements, binding, instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being In the event of inconsistency in the contract documents, the executed, the Contract Documents can be changed only by following sequence for interpretation shall be used in order a written Amendment signed by the Contractor and the of precedence: Change Orders and/or Field Orders (by date s Owner, or Change Order, or by a written Field Order for a of issuance); Addenda (by date of issuance); Drawings; minor change. Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General A-3 WORK. By the term Work is meant all labor, Conditions;General Conditions;and,Construction Contract. supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required A-9 COPIES OF WORKING DRAWINGS AND by Contract Documents. SPECIFICATIONS. The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of A-4 EXECUTION OF THE CONTRACT Specifications. Contractor shall pay the cost of reproduction DOCUMENTS. The Contract Documents shall be executed for all other copies of Drawings and Specifications furnished in six originals by the Contractor and the Owner in such form to him. as may be prescribed by law. All Drawings, Specifications and copies thereof furnished by A-5 FAMILIARITY WITH PROPOSED WORK. Before the Owner of the Architect are and shall remain the property filing a bid, the bidder shall examine carefully the proposal, of the Owner. They are not to be used on any other project plans, specifications, special provisions, and the form of and,with the exception of one Contract set for each Party to contract to be entered into for the work contemplated. He the Contract, are to be returned to the Owner on request at shall examine the site of work and satisfy himself as to the the completion of the work. conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to A-10 MINORITY AND WOMENS BUSINESS be furnished. The filing of a bid by the bidder shall be ENTERPRISE POLICY. The City of Fort Worth has goals considered evidence that he has complied with these for the participation of disadvantaged business enterprises in requirements and has accepted the site as suitable for the City contracts. Compliance with the policies designed to work. meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be Claims for additional compensation due to variations followed in submitting bids is included. between conditions actually encountered in construction and l as indicated by the plans will not be allowed. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant A-6 ONE UNIFIED CONTRACT. Insofar as possible, and other Federally funded Projects. the Contract Documents will be bound together and. executed as a single unified Contract, the intention of the A-11 CORRELATION AND INTENT. In general, the Contract Documents being to provide for all labor, drawings indicate dimension,locations, positions, quantities, supervision, materials,equipment and other items necessary and kinds of construction; the specifications indicate the for the proper execution and completion of the Work. Words quality and construction procedures required. Work /t that have well recognized technical or trade meanings are indicated on the drawings and not specified of vice-versa, j used herein in accordance with such recognized meanings. shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar A-7 DIVISION OF WORK. The arrangement of parts that are detailed, marked or specified. If the drawings Drawings andior Specifications into Divisions, Sections, are in conflict or conflict with the specifications the better i Articles, or other Subdivisions shall not be binding upon the quality or greater quantity or work or materials shall be contractor in dividing the work among Subcontractors or estimated and shall be furnished or included. Dimensions Trades. on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping, A-8 INTERPRETATIONS. The Architect will furnish ductwork, electrical apparatus, etc., are diagrammatic and rl such Interpretations of the Plans and Specifications as may job conditions may not allow installation in the exact location GC- 1 of 24 3/16/2000 DEM r shown. Relocation shall not occur without the Architects b) Place no further orders or subcontracts except as approval, may be necessary for the completion of the work not terminated- A-1 2 erminated.A-12 AGF In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor c) Terminate all orders and subcontracts to the covenants that neither it nor any of its officers, members, extent that they relate to the performance of the work agents, employees, program participants or subcontractors, terminated by the notice of termination. while engaged in performing this contract, shall, in connection with the employment, advancement or discharge After termination as above,the City will pay the contractor a of employees or in connection with the terms, conditions or proportionate part of the contract price based on the work privileges of their employment,discriminate against persons completed; provided, however, that the amount of payment because of their age except on the basis of a bona fide on termination shall not exceed the total contract price as occupational qualification, retirement plan or statutory reduced by the portion thereof allocatable to the work not requirement, completed and further reduced by the amount of payments, if,any otherwise made. Contractor shall submit its claim for Contractor further covenants that neither it nor its officers, amounts due after termination as provided in this paragraph members, agents, employees, subcontractors, program within 30 days after receipt of such claim. In the event of participants, or persons acting on their behalf, shall specify, any dispute or controversy as to the propriety or allowability, in solicitations or advertisements for employees to work on of all or any portion of such claim under this paragraph, such this contract, a maximum age limit for such employment dispute or controversy shall be resolved and be decided by unless the specified maximum age limit is based upon a the City Council of the City of Fort Worth, and the decision bona fide occupational qualification, retirement plan or by the City Council of the City of Fort Worth shall be final statutory equipment. and binding upon all parties to this contract Contractor warrants it will fully comply with the Policy and B-3 DUTIES OF THE ARCHITECT As used herein, .will defend, indemnify and hold City harmless against any the term Architect means the Architect or his authorized claims or allegations asserted by third parties or subcontrac- representative. Nothing contained in these Contract for against City arising out of Contractor's and/or its Documents shall create any privity of Contract between the subcontractors' alleged failure to comply with the above Architect and the Contractor. referenced Policy concerning age discrimination in the performance of this agreement. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER The Architect will provide general administration of A-13 DISABILITY: In accordance with the provisions of the Contract on behalf of the Owner and will have authority the Americans With Disabilities Act of 1990 ("ADA"), to act as the representative of the Owner to the extent Contractor warrants that it and any and all of its provided in the Contract Documents unless changed in subcontractors will not unlawfully discriminate on the basis of writing by the Owner. The Architect will be available for disability in the provision of services to the general public, conferences and consultations with the Owner or the nor in the availability,terms and/or conditions of employment Contractor at all reasonable times. for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants B-5 ACCESS TO JOB SITES. The Architect shall at it will fully comply with ADA provisions and any other all times have access to the Work whenever it is in applicable federal, state and local laws concerning disability preparation and progress. The Contractor shall provide and will defend, indemnify and hold City harmless against facilities for such access so the Architect may perform its any claims or allegations asserted by third parties or assigned functions under the Contract Documents. subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the The Architect will make periodic visits to the Site to above-referenced laws concerning disability discrimination in familiarize himself with the progress and quality of the work the performance of this agreement. 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 the progress of the Work and will endeavor to guard the SECTION B Owner against defects and deficiencies in the Work of the IDENTITY OF ARCHITECT Contractor. Based upon such observations and the tai Contractor's applications for payments, the Architect will B-1 CONTRACT ADMINISTRATION. Where the term make determinations and recommendations concerning the "Architect"is used in the"General Conditions of the Contract amounts owing to the Contractor and will issue certificates for Construction",it shall refer to the Director, Environmental for payment amounts. Management or his designated Project Manager. The Director, Environmental Management Department will B-6 INTERPRETATIONS. The Architect will be, in the designate a Project Manager and Construction Manager to first instance,the interpreter of the requirements of the Plans administer this contract and perform the functions of the and Specifications and the judge of the performance "Architect" as indicated in the General Conditions. The thereunder by the Contractor,subject to the final decision of design architect or engineer may also be designated to the Owner. perform the duties of"Architect". The Architect's decisions in matters relating to artistic effect B-2 TERMINATION AND SUSPENSION OF WORK: will be final if consistent with the intent of the Contract ' The Owner has the right to terminate the Project for any Documents. reason. If the project is terminated,the Contractor shall: B-7 AUTHORITY TO STOP WORK. The Architect will a) Stop work under the Contract on the date and to have authority to reject work that does not conform to the the extent specified on the notice of termination. 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 GC- 2of24 3/16/2000 DEM intent of the Plans and Specifications, the Architect will have authority to require the Contractor to stop the Work or any C-3 INSTRUCTIONS. The Owner shall issue all portion thereof, or to require special inspection or testing of instructions to the Contractor through the Architect. the Work whether or not such Work be then fabricated, installed or completed. C4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation B-8 MISCELLANEOUS DUTIES OF ARCHITECT. and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions Shoo Drawings. The Architect will review Shop Drawings under the Contract Documents. .� and Samples as provided in Section D. Two copies of each approved Shop Drawing and submittal will be provided to the C-5 PROGRESS INSPECTIONS. The Owner and the Owner by the Architect. Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if Change Orders. Change Orders and Field Orders for Minor the work is proceeding in accordance with the Contract Changes in the Work will be issued by the Owner through documents. On the basis of on-site observations and the Architect in accordance with the provisions of Section L. reports provided by the Architect concerning the progress and quality of the work, the Owner will approve and Guarantees. The Architect will receive on behalf of the authorize the Contractor's applications for payments. Owner all written guarantees and related documents required of the Contractor. Upon completion of the project C-6 AUTHORITY TO STOP WORK. The Owner will the Contractor shall provide the Architect five copies of each have authority to reflect work that does not conform to the guarantee. The Architect will provide three copies of each Plans and Specifications. Whenever, in its reasonable guarantee to the Owner. opinion, the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Inspections The Architect will conduct inspections for the Plans and Specifications, the Owner will have authority to purpose of determining and making his recommendations require the Contractor to stop the work or any portion �w concerning the dates of substantial completion and final thereof,or to require the Contractor to stop the Work or any completion. portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, Operation and Maintenance Manuals The Architect will installed or completed. receive on behalf of the Owner, six copies of all applicable 'AM equipment installation, operation, and maintenance C-7 SUBSTANTIAL COMPLETION INSPECTION. brochures and manuals required of the Contractor, The Upon agreement of the Contractor and Architect that the Architect will provide three copies of this information to the Work is substantially complete, the Owner will schedule a Owner. Substantial Completion Inspection to be conducted by the .v Architect and attended by representatives of the Architect, B-9 TERMINATION OF THE ARCHITECT. In case of Owner and Contractor. Items identified during this inspection the termination of the employment of the Architect by the as being incomplete, defective or deficient shall be Owner, the Owner shall either assume the duties of the incorporated into a punch list to be prepared by the Architect Architect through the Director of the Department of and attached to the AIA document G704, which is to be Environmental Management, or shall appoint a successor prepared and signed by the Contractor, and accepted, Architect against whom the Contractor makes no reasonable approved and signed by the Owner. objection. C-8 RIGHT TO AUDIT: s SECTION C OWNER Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have C-1 IDENTIFICATION. By the term Owner is meant access to and the right to examine any directly pertinent the City of Fort Worth acting herein by its duly authorized books, documents, papers and records of the contractor representatives in the manner provided by law. Authorized involving transactions relating to this contract. representatives include the City Manager, Assistant City Manager, the Director of Environmental Management Contractor further agrees to include in all his subcontracts Department and members of the Building Services Division. hereunder a provision to the effect that the subcontractor Generally speaking a designated representative will be agrees that the City shall, until the expiration of three years identified from within the Building Services Division to act as after final payment under the subcontract, have access to a point of contact for day to day contract administration. and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, .■ C-2 DUTIES OF THE OWNER. The Owner shall involving transactions to the subcontract. The term furnish surveys describing the physical characteristics, legal "subcontract'as used herein includes purchase orders. limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has Contractor agrees to photocopy such documents as may be inspected the premises and familiarized himself therewith requested by the city. The city agrees to reimburse ' and that the locations of utilities and other obstacles to the Contractor for the costs of copies at the rate published in the prosecution of the Work as shown on the Owner's survey Texas Administrative Code. 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. SECTION D The Owner shall secure and pay for title to the site and all CONTRACTOR necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution 0-1 IDENTIFICATION. The Contractor is the person of the Work in such manner and to such extent as may be or organization identified as such in the Contract. The term reasonable and shall furnish information under its control Contractor means the Contractor or his authorized with reasonable promptness at the request of the Contractor. representative. GC- 3 of 24 3/16/2000 DEM the Owner, the Contractor shall furnish satisfactory evidence D-2 INDEPENDENT CONTRACTOR Contractor shall as to the kind and quality of materials and equipment. perform all work and services hereunder as an independent contractor,not as an officer,agent,or employee of the City. The warranty provided in this Section shall be in addition to Contractor shall have exclusive control of and the exclusive and not in limitation of any other warranty or remedy right to control the details of the work and services provided by law or the Contract Documents. performed hereunder, and all persons performing same,and Contractor shall be solely responsible for the acts and D-9 TAXES. The Contractor is exempt from State omissions of its officers, agents, and employees. Nothing Sales Tax on material incorporated into the finished herein shall be construed as creating a partnership or joint construction,Excise and Use Tax. enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat D-10 LICENSES. NOTICES AND FEES. The superior shall not apply. Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required D-3 SUBLETTING It is further agreed that the by law or these Contract Documents. performance of this Contract,either in whole or in part,shall not be sublet or assigned to anyone else by said Contractor The Contractor shall give all Notices and comply with all without the written consent of the Director of Environmental Laws, Ordinances, Rules, Regulations and Orders of any Management of the City of Fort Worth. public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that bearing on D4 REVIEW OF CONTRACT DOCUMENTS. The the performance of the Work. If the Contractor observes or Contractor shall carefully study and compare the Agreement, becomes aware that any of the Contract Documents are at Conditions of the Contract, Drawings, Specifications, variance therewith in any respect, he shall promptly notify Addenda and modifications and shall at once report to the the Architect in writing and any necessary changes will be Owner and to the Architect any error, inconsistency or made. If the Contractor performs any Work knowing that it is omission he may discover. The Contractor shall do no work in violation of, or contrary to, any of such Laws, Statutes, without Drawings,Specifications and Interpretations. Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect, the Contractor will D-5 SUPERVISION. The Contractor shall supervise assume full responsibility therefor and bear all costs and direct the Work, using his best skill and attention. He attributable thereto. shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for D-11 CASH ALLOWANCES. The Contractor shall coordinating all portions of the Work under the Contract include in the Contract Sum all allowances stated in the Documents. Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded D-6 LABOR AND MATERIALS. Unless otherwise at the site, and all applicable taxes. The Contractor's specifically noted,the Contractor shall provide and pay for all handling costs on the site,labor,installation costs,overhead, labor, materials, equipment, tools, construction equipment profit and other expenses contemplated for the original and machinery,water,heat,utilities, transportation and other allowance shall be included in the Contractor Sum and not in facilities and services necessary for the proper execution the allowance.The Contractor shall cause the Work covered and completion of the Work. by these allowances to be performed for such amounts and by such persons as the Architect may direct, but he will not The successful low bidder will use its reasonable best efforts be required to employ persons against whom he makes a to hire local laborers, workmen and materialmen. The reasonable objection. If the cost, when determined, is more general condition is not to be constructed as limiting the right than or less than the allowance, the Contract Sum shall be of any bidder to employee laborers,workmen or materialmen adjusted accordingly by Change Order which will include from outside local area. additional handling costs on the site,labor, installation costs, field overhead, profit and other direct expenses resulting to The Contractor shall at all times enforce strict discipline and the Contractor from any increase over the original allowance. good order among his employees, and shall not employ on the Work any unfit person or anyone not skilled in the task D-12 SUPERINTENDENT. The Contractor shall assigned to him, employ a competent superintendent and necessary assistants who shall be in attendance at the Project site D-7 PREVAILING WAGE RATE. The Contractor during the progress of the Work.The superintendent shall be agrees to pay not less than the general prevailing rate of per satisfactory to the Contractor and the Owner. The diem wages for Work of a similar character in the locality in superintendent shall represent the Contractor and all which the Work is performed, and not less than the general communications given to the superintendent shall be binding prevailing wage of per diem wages for a legal holiday and as if given to the Contractor. Important communications will overtime work to all laborers, workmen and mechanics be confirmed in writing. Other communications will be so employed on the Work under this Contract. The Contractor confirmed on written request in each case. agrees to pay at least the minimum wage per hour for all labor as the same is classified and set out by the City of Fort D-13 RESPONSIBILITIES FOR EMPLOYEES AND Worth, Texas,a copy of which is attached hereto and made SUB-CONTRACTORS. The Contractor shall be responsible a part hereof the same as if it were copies verbatim herein. to the Owner for the acts and omissions of all his employees and all Sub-contractors,their agents and employees,and all D-8 WARRANTY. The Contractor warrants to the other persons performing any of the Work under a contract Owner and the Architect that all materials and equipment with the Contractor. furnished under this Contract will be new unless otherwise specified,and that all work will be of good quality.free from D-14 FAILURE TO COMMENCE WORK: Should the faults and defects, and in conformance with the Contract Contractor fail to begin the work herein provided for within Documents. All work not so conforming to these standards the time herein fixed or to carry on and complete the same may be considered defective. If required by the Architect or according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the GC-4of24 3/16/2000 DEM Owner shall have the right to either demand the surety to The Architect will review and approve Shop Drawings and take over the work and complete same in accordance with Samples with reasonable promptness so as to cause no the Contract Documents or to take charge of and complete delay, but only for conformance with the design concept of the work in such a manner as it may deem proper,and if,in the Project and with the information given in the Contract the completion thereof, the cost to the said City shall Documents.The Architect's approval of a separate item shall exceed the contract price or prices set forth in the said plans not indicate approval of an assembly in which the item and specifications made a part hereof, the Contractor and/or functions. its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost The Contractor shall make any corrections required by the thereof,said excess cost. Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until D-15 PROGRESS SCHEDULE. The Contractor, approved. The Contractor shall direct specific attention in immediately after being awarded the contract, shall prepare writing or on resubmitted Shop Drawings to revisions other and submit for the Architect's approval, an estimated than the corrections requested by the Architect on previous progress schedule for the Work.The progress schedule shall submissions. be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various The Architect's approval of Shop Drawings or Samples shall states of construction and shall be revised as required by the not relieve the Contractor of responsibility for any deviation conditions of the Work,subject to the Architect's approval. It from the requirements of the Contract Documents unless the shall also indicate the dates for submission and approval of Contractor has informed the Architect in writing of such shop drawings and submittals as well as the delivery deviation at the time of submission and the Architect has schedule for major pieces of equipment and/or materials. given written approval to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility The progress schedule shall be updated at least monthly by for errors or omissions in the Shop Drawings or Samples. the contractor and submitted to the Architect for approval with the Contractor's monthly progress payment requests. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has D-16 DRAWINGS AND SPECIFICATIONS AT THE approved the submittal. All such portions of the Work shall SITE. The Contractor shall maintain at the site for the be in accordance with approved Shop Drawings and Owner one copy of all Drawings, Specifications, Addenda, Samples. approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to D-18 SITE USE. The Contractor shall confine record all changes made during construction. These shall operations at the site to areas permitted by law,ordinances, also be available to the Architect. The Drawings, marked to permits and the Contract Documents and shall not record all changes made during construction, shall be unreasonably encumber the site with any materials or + delivered to the Architect upon completion of the Work, and equipment. Until acceptance of the work by the City Council the Architect will prepare, and provide to the Owner, one of the City of Fort Worth, the entire site of the Work shall be complete set of reproducible record drawings of the work, under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against D-17 SHOP DRAWINGS AND SAMPLES. Shop injury or damage to persons or property by the action of the Drawings are drawings, diagrams, illustrations, schedules, elements or from any other cause whatsoever. The performance charts, brochures and other data which are Contractor shall rebuild,repair,restore and make good at his prepared by the Contractor or any Subcontractor, own expenses all injuries or damages to any portions of the manufacturer, supplier or distributor, and which illustrate Work occasioned by any of the above, caused before some portion of the Work. acceptance. Samples are physical examples furnished by the Contractor D-19 SAFE WORK PRACTICES. The Contractor shall to illustrate materials, equipment or workmanship, and to employ safe practices in handling materials and equipment establish standards by which the Work will be judged. used in performing required work so as to insure the safety of his workmen. City employees and the public. The The Contractor shall review, stamp with his approval and Contractor shall keep the premise free at all times from submit,with reasonable promptness and in orderly sequence accumulation of waste materials or rubbish. At the so as to cause no delay in the Work or in the work of any completion of the work, the Contractor shall remove all his other contractor,normally within the first 90 days of the work, wastes and rubbish from and about the work area,as well as six copies of all shop Drawings and Samples required by the his tools, equipment and surplus materials and shall leave Contract Documents or subsequently by the Architect as the area as clean and free of spot,stains,etc.,as before the covered by changes or amendments. Shop Drawings and work was undertaken. Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the D•20 FIELD OFFICES AND SHEDS The Contractor is Contractor shall inform the Architect in writing of any not required to provide a temporary field office or telephone deviation in the Shop Drawings or Samples from the for projects under 8500,000. Contractor shall equip the requirements of the Contract Documents. Project Superintendent with a pager and provide 24-hour contacts to the City. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined 0-21 TRENCH SAFETY The Contractor shall be and verified all field measurements, field construction responsible for all design and implementation of trench criteria, materials, catalog numbers and similar data, and shoring and stabilization to meet regulatory requirements. If that he has checked and coordinated each shop drawing the Proposal requires,the Contractor shall include a per unit given in the Contract Documents.The Architect's approval of cost for trench safety measures in his bid. If not included in a separate item shall not indicate approval of an assembly in the Proposal, the Contractor shall include a cost for trench which the item functions. safety measures for all trenches over 5 feet in depth in his Schedule of Values. GC- 5 of 24 3/16/2000 DEM D-22 CUTTING AND PATCHING OF WORK, The The Contractor shall not make any substitution for any Contractor shall do all cutting, fitting or patching of his Work Subcontractor or person or organization that has been that may required to make its several parts fit together accepted by the Owner and the Architect, unless the properly, and shall not endanger any Work by cutting, substitution is also acceptable to the Owner and the excavating or otherwise altering the Work or any part of it. Architect. D-23 CLEAN UP. The Contractor at all times shall keep E-3 TERMS OF SUBCONTRACTS. All work the premises free from accumulation of waste materials or performed for the Contractor by a Subcontractor shall be rubbish. At the completion of the Work he shall remove all pursuant to an appropriate agreement between the his waste materials and rubbish from and about the Project Contractor and the Subcontractor (and where appropriate as well as all his tools, construction equipment, machinery between Subcontractors and Sub-subcontractors) which and surplus materials, and shall clean all glass surfaces and shall contain provisions that: leave the Work "Broom-clean" or its equivalent, except at otherwise specified. In addition to removal of rubbish and 1. preserve and protect the rights of the Owner and the leaving the buildings "broom-clean", Contractor shall clean Architect under the Contract with respect to the Work to all glass, replace any broken glass, remove stains, spots, be performed under the subcontract so that the marks and dirt from decorated work, clean hardware, subcontracting thereof will not prejudice such rights; remove paint spots and smears from all surfaces, clean fixtures and wash all concrete,tile and terrazzo floors. 2• require that such Work be performed in accordance with the requirements of the Contract Documents; If the Contractor fails to clean up,the Owner may do so,and 3. require submission to the Contractor of applications for the cost thereof shall be charged to the Contractor. payment under each subcontract to which the D-24 COMMUNICATIONS. As a general rule, the Contractor is a party• in reasonable time to enable the g Contractor to apply for payment; Contractor shall forward all communications to the Owner through the Architect, and in all other instances the 4. require that all claims for additional costs,extensions of Contractor shall furnish the Architect a copy of any time, damages for delays or otherwise with respect to communication sent directly to the Owner. subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub- SECTION E subcontractor where appropriate) in the manner SUBCONTRACTORS provided in the Contract Documents for like claims by the Contractor upon the Owner; E-1 DEFINITION. A Subcontractor is a person or organization who has a direct contract with the Contractor to 5. waive all rights the contracting parties may have perform any of the Work at the site.The term Subcontractor against one another for damages caused by fire or is referred to throughout the Contract Documents as if other perils covered by the property insurance, except singular in number and masculine in gender and means a such rights, if any, as they may have to proceeds of Subcontractor or his authorized representative. such insurance held by the Owner,and, 6. obligate each Subcontractor specifically to consent to Nothing contained in the Contract, Documents shall create the provisions of this Section any contractual relation between the Owner and the Architect and any subcontractor or any of his sub- All of the provisions set out in this section shall be deemed subcontractors or materialmen. to have been included in every subcontract, and every subcontract shall be so construed and applied as to the E-2 AWARD OF SUBCONTRACTS. The bidder shall Owner and the Architect,whether or not such provisions are furnish a list of the names of the subcontractors or other physically included in the sub-contract. persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) E-4 MINORITY AND WOMENS BUSINESS proposed for such portions of the Work as may be ENTERPRISE (M/WBE), Should the base bid be less than designated in the bidding requirements, or if none is so $25,000,the requirements of this section do not apply. r designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the In accordance with City of Fort Worth Ordinance No 11923, Work. Prior to the award of the Contract, the Architect shall the City of Fort Worth sets goals for the participation of notify the successful bidder in writing if either the Owner or minority business enterprises and women business Architect, after due investigation, has reasonable objection enterprises in City contracts. Ordinance No 11923 is to any person or organization on such list. Failure of the incorporated in these Specifications by reference. A copy of Owner and Architect to make an objection to any person or the Ordinance may be obtained from the Office of the City organization on the list prior to the award of this Contract Secretary. Failure to comply with the Ordinance shall be a shall not constitute acceptance of such person or material breach of contract. organization. The M/WBE UTILIZATION FORM or M/WBE GOALS If, prior to the award of the Contract, the Owner or Architect WAIVER FORM, as applicable, must be submitted at bid has an objective to any person or organization on such list, opening. Failure to submit the M/WBE bid information shall and refuses to accept such person or organization, the render the bid non-responsive. apparent low bidder may,prior to the award,withdraw his bid without forfeiture of bid security. If such bidder submits an The City will consider the contractor's performance on other acceptable substitute, the Owner may, at its discretion, City Projects regarding its M/WBE program in the evaluation accept the bid or he may disqualify the bid. If, after the of bids. Failure to comply with the City's M/WBE program award, the Owner or Architect objects in writing to any shall result in a bid being considered non-responsive. person or organization on such list, the Contractor shall provide an acceptable substitute. Upon request, Contractor must provide the City with complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise GC-6of24 3116/2000 DEM (M/WBE) on the contract and proof of payment thereof. Within ten days after final payment from the City the Contractor further agrees to permit an audit and/or contractor shall provide the M/WBE Office with examination of any books, records or riles in it's possession documentation to reflect final participation of each MM/BE that will substantiate the actual work performed by an M/ subcontractor and supplier used on the project, WBE. The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission of fraud by the E-5 PAYMENTS TO SUBCONTRACTORS. The Contractor will be grounds for termination of the contract Contractor shall pay each Subcontractor, upon receipt of and/or initiating action under appropriate federal, state, or payment from the Owner, an amount equal to the local laws or ordinances relating to false statement. Further percentage of completion allowed to the Contractor on any such misrepresentation (other than a negligent account of such Subcontractor's Work. The Contractor shall misrepresentation)and/or commission of fraud will result on also require each Subcontractor to make similar payments to the Contractor being determined to be irresponsible and his subcontractors. barred from participating in City work for a period of time of not less than three years. If the Architect refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the Contractor shall provide copies of subcontracts or cosigned fault of a particular subcontractor, the Contractor shall pay letters of intent with approved M/WBE subcontractors prior to that Subcontractor on demand, made at any time after the issuance of the Notice to Proceed. Contractor shall also Certificate for Payment would otherwise have been issued, provide monthly reports on utilization of the subcontractors for his Work to the extent completed, less the retained to the Construction Manager. percentage. The Contractor may count first and second tier The Contractor shall pay each Subcontractor a just share of subcontractors and/or suppliers toward meeting the goals, any insurance monies received by the Contractor, and he The Contractor may count toward its goal a portion of the shall require each Subcontractor to make similar payments total dollar amount of the contract with a joint venture equal to his Subcontractors. to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be The Architect may,on request and at its discretion,furnish to performed. All subcontractors used in meeting the goals any Subcontractor, if practicable, information regarding must be certified prior to the award of the Contract. percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Whenever a change order affects the work of an MM/BE subcontractor or supplier, the M/WBE shall be given an Neither the Owner nor the Architect shall have any obligation opportunity to perform the work. Whenever a change order to pay or to see to the payment of any monies to any is in excess of 10% of the original contract, the MM/BE Subcontractor. coordinator shall determine the goals applicable to the work to be performed under the change order. SECTION F SEPARATE CONTRACTS During the term of the contract the contractor shall: F-1 OWNER'S RIGHT. The Owner reserves the right 1. Make no unjustified changes of deletions in it's MM/BE to award separate contracts in connection with other portions participation commitments submitted with or of the Work. When separate contract are awarded for other subsequent to the bid,and, portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs 2. If substantial subcontracting and/or substantial supplier each separate contract. opportunities arise during the term of the contract which the contractor had represented he would perform with F-2 MUTUAL RESPONSIBILITY OF his forces, the contractor shall notify the City before CONTRACTORS, The Contractor shall afford other subcontracts or purchase orders are let, and shall be contractors reasonable opportunity for the introduction and required to comply with modifications to goals as storage of their materials and equipment and the execution determined by the City,and, of their work, and shall properly connect and coordinate his work with theirs. 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM,if the contractor desires to change or delete any If any part of the Contractor's Work depends for proper of the M/WBE subcontractors or suppliers. execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report Justification for change may be granted for the following: to the Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution 1. Failure of subcontractor to provide evidence of and results. Failure of the Contractor to inspect and report coverage by Workers'Compensation Insurance shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects 2. Failure of subcontractor to provide required general which may develop in the other separate contractor's work liability or other insurance, after the execution of the Contractor's Work. - 3. Failure of subcontractor to execute a standard Should the Contractor cause damage to the work or property subcontract form in the amount of the proposal used by of any separate contractor on the site, the Contractor shall, the Contractor in preparing his MM/BE Participation upon due notice, settle with such other contractor by plan agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have 4. Default by the MM/BE subcontractor or supplier in the been so sustained, the Owner shall notify the Contractor performance of the subcontract. who shall defend against such suit at the Contractor's expense, and if any judgment against the Owner arises Other reasons at the discretion of the MM/BE Coordinator therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court GC- 7of24 3/16/2000 DEM costs and expenses which the Owner has incurred in G-5 INDEMNIFICATION. Contractor covenants and connection with such suit. agrees to indemnity City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. F-3 CUTTING AND PATCHING UNDER SEPARATE In addition, Contractor covenants and agrees to indemnify, 9ONTRACTS, The Contractor shall do all cutting, fitting or hold harmless and defend, at its own expense, the Owner, patching of his Work that may be required to fit it to receive its officers, servants and employees, from and against any or be received by the work of other contractors shown in the and all claims or suits for property loss, property damage, Contract Documents.The Contractor shall not endanger any personal injury, including death, arising out of, or alleged to work or any other contractors by cutting, excavating or arise out of, the work and services to be performed otherwise altering any work and shall not cut or alter the hereunder by Contractor, its officers, agents, employees, work of any other contractor except with the written consent subcontractors, licensees or invitees, whether or not any of the Architect. such iniury, damage or death is caused. in whole or in part, by the negligence or alleged negligence of Owner Any costs caused by defective or ill-timed work shall be its officers, servants. or emvloyees. Contractor likewise borne by the party responsible therefor. covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute officers, servants and employees and any damage, loss or arises between the separate contractors as to their destruction to property of the Owner arising from the responsibility for cleaning up, the Owner may clean up and performance of any of the terms and conditions of this charge the cost thereof to the several contractors as the Contract, whether or not any such iniury or damage is Director of the Department of Environmental Management caused in whole or in part by the negligence or alleged shall determine to be just. negligenceof Owner, its officers, servants or employees. SECTION G MISCELLANEOUS PROVISIONS In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final G-1 CONFLICT OF LAWS. The law of the place payment, final payment shall not be made until Contractor where the site is located shall govern the Contract. The either (a) submits to Owner satisfactory evidence that the Contractor must familiarize himself and strictly comply with claim has been settled and/or a release from the claimant all Federal, State, and County and City Laws, Statutes, involved, or (b) provides Owner with a letter from Charter, Ordinances, Regulations, or Directives controlling Contractor's liability insurance carrier that the claim has the action or operation of those engaged upon the work been referred to the insurance carrier, affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against The Director may, if he deems it appropriate, refuse to any claim or liability arising from or based on the violation of accept bids on other City of Fort Worth public work from a any such Laws, Statutes, Charter, Ordinances, Regulations, Contractor against whom a claim for damages is outstanding or Directives, whether by himself, his employees, agents or as a result of work performed under a City Contract. subcontractors. G-6 SUCCESSORS AND ASSIGNS. Except as G-2OG VERNING LAWS. It is mutually agreed and provided in Paragraph E-2, this contract shall be binding understood that this agreement is made and entered into by upon and insure to the benefit of the parties hereto, their the parties hereto with reference to the existing Charter and Successors or Assigns.Contractor shall not assign or sublet - Ordinances of the City of Fort Worth and the laws of the all or any part of this Contract or his rights or duties State of Texas with reference to and governing all matters hereunder without the prior written consent of the Owner. affecting this Contract, and the Contractor agrees to fully Any such purported assignment or subletting without the comply with all the provisions of the same. prior written consent of Owner shall be void. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. G-7 WRITTEN NOTICE, Written Notice shall be In performing their duties under the Statutes of the State of deemed to have been duly served if delivered in person to Texas and the Charter and Ordinances of the City of Fort the individual or member of the firm or to an officer of the Worth in connection with this Contract, or in exercising any corporation for whom it was intended, or if delivered at or of the powers granted the Owner herein,the officers, agents sent by registered or certified mail to the last business and employees of the City of Fort Worth are engaged in the address known to him who gives the notice. performance of a governmental function and shall not incur any personal liability by virtue of such performance G-8 SURETY BONDS: Surety Bonds are required on hereunder,except for gross negligence or willful wrong. all City contracts in excess of S25,000. The Contractor agrees, on the execution of this Contract, and before G-4 COMPLIANCE WITH LAWS. Contractor agrees beginning work,to make, execute and deliver to said City of the comply with all laws, Federal, state and local, including Fort Worth good and sufficient surety bonds for the faithful all ordinances, rules and regulations of the City of Fort performance of the terms and stipulations of the Contract Worth, Texas. Materials incorporated into the finished and for the payment to all claimants for labor and/or Project are not subject to State Sales Tax. materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Contractors are responsible for obtaining construction Revised Civil Statutes of Texas, as amended, in the form permits from the governing agencies. Contractor shall included in the Contract Documents, and such bonds shall schedule all code inspections with the Code Inspection be 100 percent of the total contract price,and the said surety Division in accordance with the permit requirements and shall be a surety company duly and legally authorized to do submit a copy of updated schedule to the Construction business in the State of Texas, and acceptable to the City manager weekly. Building, plumbing, electrical and Council of the City of Fort Worth. mechanical building permits are issued without charge. Water and sewer access fees will be paid by the City, Any Bonds shall be made on the forms furnished by or otherwise other permit fees are the responsibility of the Contractor. acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. GC- s of24 3/16/2000 DEM r Bonds required by the City shall be in compliance with all The Contractor shall secure certificate of inspection, testing relevant local,state and federal statutes. or approval, and three copies will be promptly delivered by him to the Architect. The Architect will review the certificates To be an acceptable surety on the bond the name of the and forward one copy of each with his recommendation(s)to surety should be included on the current U. S. Treasury List the Owner. of Acceptable Securities (Circular 5701, and must be authorized to do business in Texas. Sureties not listed in If the Architect or Owner wish to observe the inspections, Circular 570 may write performance and payment bonds on tests or approvals required by this Section, they will do so a project without reinsurance to the limit of 10 percent of its promptly and,where practicable,at the source of supply. capital and surplus. Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 Neither the observations of the Architect or the Owner in percent must be reinsured by reinsurers who are duly their administration of the Construction Contract, nor authorized, accredited, or trusteed to do business in the inspections, tests or approvals by persons other than the State of Texas. Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Should any surety for the contracted project be determined Documents. unsatisfactory at any time during same, the Contractor shall immediately provide a new surety bond satisfactory to the G-12 INTERRUPTION OF EXISTING UTILITIES City. SERVICES. The Contractor shall perform the work under this Contract with a minimum of outage time for all utilities. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. Interruption shall be by approved sections of the utility. In If the Contractor defaults or neglects to carry out the Work in some cases, the Contractor may be required to perform the accordance with the Contract Documents or fails to perform work while the existing utility is in service.The existing utility any provision of the Contract, the Owner may, without service may be interrupted only when approved by the prejudice to any other remedy he may have, enter the site Owner.When it is necessary to interrupt the existing utilities, and make good such deficiencies. In such case an the Contractor shall notify the Owner in writing at least ten appropriate Change Order shall be issued deducting from days in advance of the time that he desires the existing the payments then or thereafter due the Contractor the cost service to be interrupted. The interruption time shall be kept of correcting such deficiencies, including the cost of the to a minimum. Depending upon the activities at an existing Architect's additional services made necessary by such facility that requires continuous service from the existing default, neglect or failure. If the payments then or thereafter utility, an interruption may not be subject to schedule at the due the Contractor are not sufficient to cover such amount, time desired by the Contractor. In such cases, the the Contract shall pay the difference to the Owner. interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time G-10 ROYALTIES AND PATENTS. The Contractor requested by the Contractor of existing utility services shall shall pay all royalties and license fees. He shall delend all be as approved by the Owner, suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and G-13 LAYING OUT WORK. The Contractor shall verify shall be responsible for all such loss when a particular dimensions and elevations indicated in layout of existing design, process or the product of a particular manufacturer work. Discrepancies between Drawings, Specifications, and or manufacturers is specified;however, if the Contractor has existing conditions shall be referred to Architect for reason to believe that the design, process or product adjustment before work affected is performed. Failure to specified is an infringement of a patent, he shall be make such notification shall place responsibility upon responsible for such loss unless he promptly gives such Contractor to carry out work in satisfactory workmanlike information to Architect, manner at the Contractor's sole expense. G-11 TESTS. If the Contract Documents, Laws, The Contractor shall be held responsible for the location and Ordinances, Rules, Regulations or Orders of any public elevation of all the construction contemplated by the authority having jurisdiction require any Work to be Construction Documents. inspected, tested or approved, the Contractor shall give the Architect timely notice of its readiness and the date arranged Prior to commencing work, the Contractor shall carefully so the Architect may observe such inspection, testing or compare and check all Architectural, Structural, Mechanical approval. The Owner shall bear all costs of such inspection, an Electrical drawings;each with the other that in any affects tests and approvals unless otherwise provided. the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately If after the commencement of the Work, the Owner or report the same to the Architect for verification and Architect determine that any Work requires special adjustment. Any duplication of work made necessary by inspection, testing or approval not included above, the Failure or neglect on his part to comply with this function shall Owner or the Architect, upon written authorization from the be done at the contractors sole expense. Owner, will instruct the Contractor to order such special inspection,testing or approval,and the Contractor shall give G-14 MEASUREMENTS: Before ordering any material notice as required in the preceding paragraph. If such or doing any work, the Contractor shall verify all special inspection or testing reveals a failure of the Work to measurements at the site or at the building and shall be comply(1)with the requirements of the Contract Documents wholly responsible for the correctness of same. No extra or (2) with respect to the performance of the work, with charge or compensation will be allowed on account of any Laws, Statutes, Charter, Ordinances, Regulations or Orders difference between actual dimensions and dimensions of any public authority having jurisdiction, the Contractor indicated on the drawings. Any difference which may be shall bear all costs thereof, including the Architect's found shall be submitted to the Architect for consideration additional services made necessary by such costs; and adjustment before proceeding with the project. otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 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 GC- 9of24 3/16/2000 DEM overhead wires and equipment. Any such work shall be uniform margins are to be maintained between parallel lines moved, replaced or protected, as required, whether or no and or adjacent wall, Floor or ceiling surfaces. shown or specified at the contractor's sole expense. G-20 OVERLOADING. The Contractor shall be Attention is directed to the possible existence of pipe and responsible for loading of any part or parts of structures other underground improvements that may or may not be beyond their safe carrying capacities by placing of materials, shown on the Drawings. All reasonable precautions shall be equipment, tools, machinery or any other item thereon. No taken to preserve and protect any such improvements loads shall be placed on floors or roofs before they have whether or not shown on the Drawings. attained their permanent and safe strength. Location of existing underground lines, shown the Drawings G-21 MANUFACTURER'S INSTRUCTIONS. Where it are based on the best available sources, but are to be is required in the Specifications that materials, products, regarded as approximate only. Exercise extreme care in processes, equipment, or the like be installed or applied in locating and identifying these lines before excavation In accordance with manufacturer's instructions, direction or adjacent areas. specifications,or words to this effect,it shall be construed to mean that said application or installation shall be in strict G-16 ALIGNMENT OF JOINTS IN FINISH accordance with printed instructions furnished by the MATERIALS. It shall be the responsibility of the Contractor manufacturer of the material concerned for use under to make certain in the installation of jointed floor, wall and conditions similar or those at the job site. Six copies of such ceiling materials that: instructions shall be furnished to the Architect and his 1. preserve and protect the rights of the Owner and the approval thereof obtained before work is begun. Architect under the Contract with respect to the Work to G-22 CLEANING UP. The Contractor shall keep the be performed under the subcontract so that the premises free from accumulation of waste material or subcontracting thereof will not prejudice such rights; rubbish caused by employees or as a result of the work. 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever At completion of work, the General Contractor shall, possible. This includes heating registers, light fixtures, immediately prior to final inspection of complete building, equipment,etc. execute the following final cleaning work with trained janitorial personnel and with material methods If because of the non-related sizes of the various materials recommended by the manufactures of installed materials. and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the 1. Sweep and buff resilient floors and base, and vacuum Architect to determine the most satisfactory arrangement. carpeting. The Contractor shall establish centerlines for all trades. 2. Dust all metal and wood trim and similar finished G-17 INTEGRATING EXISTING WORK. The materials. Contractor shall protect all existing street and other improvements from damages. 3. Clean all cabinets and casework. Contractor's operations shall be confined to the immediate 4. Dust all ceilings and walls. vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to an from existing adjacent 5. Dust,and if necessary wash,all plumbing and electrical facilities. fixtures. Where new site work is to be connected to existing work, 6. Wash all glass and similar non-resilient materials. special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. 7• All hardware and other unpainted metals shall be All damaged work shall be replaced, repaired and restored cleaned and polished and all equipment and paint or to its original condition at no cost to the Owner. decorated work shall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper G-18. HAZARDOUS MATERIAL CERTIFICATION: It is coverings removed throughout the buildings. Surfaces the intent of the contract documents, whether expressly that are waxed shall be polished. stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. 8. The exterior of the building, the grounds, approaches, The contractor shall exercise every reasonable precaution to equipment, sidewalks, streets, etc, shall be cleaned ensure that asbestos-containing materials are not similar to interior of buildings and left in good order at incorporated into any portion of the project, including the time of final acceptance. All paint surfaces shall be advising all materials suppliers and subcontractors of this clean and unbroken, hardware shall be clean and requirement. The contractor shall verify that components polished, all required repair work shall be completed containing lead do not contact the potable water supply. and dirt areas shall be scraped and cleared of weed growth. G-19 LOCATION OF EQUIPMENT AND PIPING. J Drawing showing location of equipment, piping, ductwork, 9. Clean all glass surfaces and mirrors of putty, paint etc. are diagrammatic and job conditions may not always materials, etc., without scratching or injuring the glass permit their installation in the location shown. When this and leave the work bright, clean and polished. Cost of situation occurs, it shall be brought to the Architect's this cleaning work shall be borne by Contractor. attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the 10. Cleaning, polishing, scaling,waxing and all other finish relocating of any items without first obtaining the Architect's operations indicated on the Drawings or required in the approval. He shall remove and relocate such items at his Specifications shall be taken to indicate the required own expense if so directed by the Architect.Where possible condition at the time of acceptance of all work under the Contract. GC- 10 of 24 3/16/2000 DEM 4) Manufacturer's name, type, color designation for 11. Burning:Burning of rubbish on the premises will not be resilient.floors, windows, doors, concrete block, paint, permitted. roofing,other materials. G-23 DUST CONTROL. Precaution shall be exercised Submit six copies of Maintenance Manual, prior to request at all times to control dust created as a result of any for final payment. operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when Operational Inspection and Maintenance instruction: The directed by the Architect, operations causing such problems Contractor shall provide at his expense, competent shall be temporarily discontinued and necessary steps taken manufacturer's representatives to completely check out all to control the dust. mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be G-24 FIRE PROTECTION. The contractor shall at all scheduled just prior to and during the initial start up.After all times maintain good housekeeping practices to reduce the systems are functioning properly the representatives shall risk of fire damage or injury to workmen.All scrap materials, instruct maintenance personnel of the Owner in the proper rubbish and trash shall be removed daily from in and about operation and maintenance of each item. the building and shall not be permitted to be scattered on adjacent property. G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, Suitable storage space shall be provided outside the guarantees required by technical divisions of Specifications immediate building area for storing flammable materials and shall be properly executed in quadruplicate by paints: no storage will be permitted in the building. Excess subcontractors and submitted through the Contractor to flammable liquids being used inside the building shall be Architect. Delivery of guarantees shall not relieve Contractor kept in closed metal container and removed from the from any obligation assumed under Contract. building during unused periods, The Contractor shall guarantee the entire Project for one A fire extinguisher shall be available at each location where year. In addition, where separate guarantees, for certain cutting or welding is being performed.Where electric or gas portions of work,are for longer periods,General Contractor's welding or cutting work is done, interposed shields of guarantee shall be extended to cover such longer periods. incombustible material shall be used to protect against fire Manufacturer's extended warrantees shall be included in this damage due to sparks and hot metal. When temporary contract. heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and The Contractor shall provide fire extinguishers in accordance Acceptance by Owner. Guarantees shall not apply to work with the recommendations and NFPA Bulletins Nos. 10 and where damage is result of abuse, neglect by Owner or his 241. However, in all cases a minimum of two fire successor(s)in interest. extinguishers shall be available for each floor of construction. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of G-25 CUTTING AND PATCHING Wherever cutting and the Technical Specifications contained herein. Unless removal of portions of the existing work is indicated, such supplemented by the Technical Specifications or the work shall be neatly sawed or cut by contractor in a manner manufacturers normal extended warrantees, the Contractor that will produce a neat straight line, parallel to adjacent shall warrant all work materials, and equipment against surfaces or plumb for vertical surfaces. Care should be defects for a period of one year from the date of final exercised not to damage any work that is to remain. acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not At no time shall any structural members be cut without provided in accordance with the Contract Documents. written consent from the Architect. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the G-26 PROJECT CLOSEOUT. Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such Final Inspection. Record Drawings: Attention is called to items back to at least their original condition. General Conditions Section I entitled, "Payments and Completion." G-28 Y2K COMPLIANCE REQUIREMENTS The Contractor warrants that each hardware, software and Maintenance Manual:Sheets shall be 8%"x 11",except pull firmware product delivered for incorporation into the Work be out sheets may be neatly folded to 8 Y2"x 11".Manuals shall able to accurately process date/time data between the years be bound in plastic covered, 3 ring, loose leaf binder with 1999 and 2000, including leap year calculations and as title of project lettered on front and shall contain: described below: 1. Date/time data between the information 1) Name,address and trade of all sub-contractors. technology incorporated into the Work shall transfer- accurately to and from information technology purchased 2) Complete maintenance instructions; name, address, separately from the Work but intended to be used in and telephone number of installing Contractor, association with warranted products or systems. manufacturer's local representative, for each piece of 2. Where the contract documents require that operative equipment. products must perform as a system with respect to date/time data transfer, the warranty described herein applies to the 3) Catalog data on plumbing fixtures, valves, water performance of the system rather than to individual products. heaters, heating and cooling equipment, temperature 3. The duration of this warranty and the remedies control, fan, electrical panels, service entrance available to the Owner for the breach of this warranty shall equipment and light fixtures. be as defined in and subject to, the terms and limitations of GC- I 1 of 24 3/16/2000 DEM Ile Contractor's standard commercial warranty or contractor will submit a full sized sample and/or detailed warranties. information as required to allow the architect to determine 4. The remedies available to the Owner under this the acceptability of proposed substitutions. Where warranty shall include repair or replacement of any product equipment has been listed as "no substitute accepted", the or system whose noncompliance is discovered and made City will accept no alternates to the specified equipment. known to the Contractor, in writing,within one year following the date of substantial completion. SECTION H 5. Nothing in the provisions of this warranty shall be CONTRACT TIME construed to limit any rights or remedies the Owner may have with respect to defects discovered in the Work not H-1 DEFINITIONS. The Contract Time is the period of related to compliance requirements of this section. time allotted in the Contract Documents for completion of the Work. The contractor agrees to correct defective Work within a one year period after Date of Substantial Completion, and The dale of commencement of the Work is the date provide one year warranty for accurate transfer of date/time established in the Notice to Proceed. If there is no notice to data between the years 1999 and 2000 as described within proceed,it shall be the date of the Agreement or such other this section. date as may be established therein. G-29 RECORD DRAWINGS. Upon completion of the The Date of Substantial Completion of the Work or Work and prior to application for final payment, one print of designated portion thereof is the Date certified by the each of the drawings accompanying this specification shall Architect with the approval of the Owner that construction is be neatly and clearly marked in red by the Contractor to sufficiently complete, in accordance with the Contract show variations between the construction actually provided Documents, so the Owner may occupy the Work or and that indicated or specified in the Contract Documents. designated portion thereof for the use for which it is The annotated documents shall be delivered to Architect. intended. Final acceptance of the completed work or any Where a choice of materials and/or methods is permitted portion thereof can be made only by the City Council of the herein and where variations in the scope or character of the City of Fort Worth or it's designated Assistant City Manager, work from the entire work indicated or specified are and no other form of acceptance will be binding upon the permitted either by award of bidding items specified for that Owner. purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually A calendar day constitutes 24 hours of time and is any one provided. The representation of such variations shall of the seven days of a week,including Sunday,regardless of conform to standard drafting practice and shall include whether a "Working Day" or not, and regardless of weather supplementary notes, legends and details which may be conditions or any situation which might delay construction. necessary for legibility and clear portrayal of the actual An extension of contract time shall be in accordance with construction. The record drawings shall indicate, in addition, this Section. Extensions of time will be as recommended by the actual location of all sub-surface utility lines, average the Architect with final approval by City of Fort Worth. depth below the surface and other appurtenances. A working day is defined as a calendar day, not including G-30 CONSTRUCTION FENCE. At the Contractor's Saturdays,Sundays, and legal holidays,in which weather or option, he may provide a substantial chain-link construction other conditions not under the control of the Contractor fence around all or a part of the site. The fences and gates permit the performance of work for a continuous period of must be maintained throughout the construction period. not less than seven hours between 7:00 a.m. and 6:00 p.m. Remove the fences and gates upon completion of the However, nothing in these Contract Documents shall be Project and restore the site to the required original or construed as prohibiting the Contractor from working on contract condition. Saturdays if he so desires. Should the Contractor choose to work on Saturdays, one day will be charged as contract- G-31 PRODUCT DELIVERY, STORAGE. HANDLING. working time when weather or other conditions permit seven The Contractor shall handle,store and protect materials and hours of work as delineated above. Legal holidays are products, including fabricated components, by methods and defined as being New Year's Day,Independence Day,Labor means which will prevent damage, deterioration and loss, Day, Thanksgiving Day, Christmas Day, Memorial Day, and including theft (and resulting delays), thereby ensuring Veteran's Day. highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term H-2 PROGRESS AND COMPLETION. All the time storage at project site prior to installation. limits stated in the Contract Documents are of essence to the Contract. G-32 REMOVAL OF SALVAGED MATERIAL. The Contractor shall remove salvaged material and equipment The Contractor shall begin the Work on the date of from the Project site and dispose of it in accordance with the commencement as defined in this Section.He shall carry the law. Equipment or material identified in the Specifications or Work forward expeditiously with adequate forces and shall Plans for Owner salvage shall be carefully removed and complete it within the Contact Time. delivered to the Owner at any location in within the City limits as directed by the City. H-3 DELAYS AND EXTENSIONS OF TIME. If the Contractor is delayed at any time in the progress of the Work G-33 MANUFACTURER'S REFERENCE: Catalog, by any act or neglect of the Owner or the Architect,or by any brand names,and manufacturer's references are descriptive, employee of the Owner, or by any separate contractor not restrictive. Bids on brands of like nature and quality will employed by the Owner, or by any separate contractor be considered. Contractor shall inform the City of any employed by the Owner,or by changes ordered in the Work, substitutions intended for the project within 5 business days or by labor disputes, fire, unusual delay in transportation, of bid opening. Failure to inform the City of substitute unavoidable casualties or any causes beyond the projects will obligate the contractor to provide the specified Contractor's control, or by any cause which the Architect material if awarded the contract. Within 14 days after bid determines may justify the delay,then the contract time may opening and upon request of the architect or contractor, the be extended by Change Order for such reasonable time as GC- 12 of 24 3/16/2000 DEM r recommended by the Architect and approved by the Owner, protect the Owner's interest including applicable insurance When the Contractor is delayed due to abnormal weather and transportation to the site. conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing The Contractor warrants and guarantees that title to all a fair and equitable adjustment of the contract time, Work, materials and equipment covered by an Application PF for Payment, whether incorporated in the Project or not, will All claims for extension of time shall be made in writing to pass to the Owner upon the receipt of such payment by the the Architect no more than fifteen days after the occurrence Contractor, free and clear of all liens, claims, security of the delay;otherwise they shall be waived, interests or encumbrances hereinafter referred to as 'liens"; and that no Work, materials or equipment covered by an If no schedule or agreement is made stating the dates upon Application for Payment will have been acquired by the which written interpretations shall be furnished, then no Contractor, or by any other persons performing the Work at claim for delay shall be allowed on account of failure to the site or furnishing materials and equipment for the Work, furnish such interpretation until fifteen days after demand is subject to an agreement under which an interest therein or made for them, and not then unless such a claim is an encumbrance thereon is retained by the seller or reasonable. otherwise imposed by the Contractor or such other person. H-4 NO DAMAGE FOR DELAY. No payment, The Contractor shall prepare each application for payment compensation or adjustment or any kind (other than the on AIA Document G702, "Application and Certificate for extensions of time provided for) shall be made to the Payment", and attached thereto AIA Document G703, contractor for damages because of hindrances or delays "Continuation Sheet", to indicate the progress made to date from an cause in the progress of the work, whether such and the period or month for which payment is requested for hindrances or delays be avoidable or unavoidable, and the each Item listed in the Schedule of Values. A copy of the contractor agrees that he will make no claim for revised monthly work progress schedule must be attached compensation,damages or mitigation of liquidated damages before the pay request can be accepted. for any such delays, and will accept in full satisfaction for such delays said extension of time. 1-5 CERTIFICATES FOR PAYMENT. If the Contractor has made Application for Payment as above, the SECTION I above,the Architect will,with reasonable promptness but not PAYMENTS AND COMPLETION more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the ' 1-1 CONTRACT SUM. The Contract Sum is stated in Contractor, for such amount determined to be properly due, the proposal as accepted and is the total amount payable by or state in writing reasons for withholding a Certificate. the Owner to the Contractor for the performance of the Work under the Contract Documents. The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the 1-2 SCHEDULE OF VALUES. Before the first Architect's observations at the site and the data comprising Applicable for Payment, the Contractor shall submit to the the Application for Payment, that the Work has progressed Architect a Schedule of Values of the various portions of the to the point indicated; that the quality of the Work is in Work, including quantities if required by the Architect, accordance with the Contract Documents (subject to an aggregating the total Contract Sum,divided so as to facilitate evaluation of the Work as a functioning whole upon payments to Sub-contractors, prepared in such form as Substantial Completion, to the results of any subsequent specified or as the Architect and the Contractor may agree tests required by the Contract Documents, to minor upon, and supported by such data to substantiate its deviations from the Contract Documents correctable prior to correctness as the Architect may require. Each item in the completion, and to any specific qualifications stated in the Schedule of Values shall include its proper share of Certificate); and recommendations to the Owner that the overhead and profit. This Schedule, when approved by the Contractor be paid in the amount certified. In addition, the Architect and the Owner, shall be used as a basis for the Architect's approval of final payment assures the Owner that Contractor's Applications for Payment. the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. 1-3 ADJUSTMENT OF QUANTITIES. Where unit prices and estimated quantities are used to compute the After the Architect has issued a Certificate for Payment, the contract amount, the Owner may increase the quantities by Owner shall approve or disapprove same within ten days an amount that is 20%of the total cost for that section. Unit after it has been delivered to the Director of the Department prices for adjustments to unit quantities in excess to 20% of Environmental Management. For contracts less than may be negotiated at the request of either party. $400,000, Owner shall pay 90%of the approved estimate to the Contractor within seven days after its approval, and the 1-4 PROGRESS PAYMENTS, On the first day of remaining 10%of each such estimate will be retained by the each month after the first month's work has been completed, Owner until the final estimate is approved and the Work is the Contractor will make current estimates in writing for accepted by the City Council of the City of Fort Worth. For review by the Architect of materials in place complete and contracts in excess of 5400,000, the Owner will retain only the amount of work performed during the preceding month or 5% of each estimate until the final estimate is approved and period and the value thereof at the prices contracted for as work accepted by the City Council of the City of Fort Worth. shown on the approved Schedule of Values and Progress Schedule. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the If payments are to be made on account of materials or Project by the Owner, shall constitute an acceptance of any equipment not incorporated in the Work but delivered and Work not in accordance with the Contract Documents, or suitably stored at the site or in an independent, bonded relieve the Contractor of liability in respect to any warranties warehouse such payments shall be conditioned upon or responsibility for faulty materials or workmanship. The submission by the Contractor of bills of sale or such other Contractor shall promptly remedy any defects in the Work procedures satisfactory to the Owner to establish the and pay for any damage to other work resulting therefrom Owner's title to such materials or equipment or otherwise that shall appear within a period of one year from the date of GC- )3 of 24 3/16/2000 DENT final acceptance of the Work unless a longer period is If condition(1)above is met at any time within the six month specified. period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at 1-6 PAYMENTS WITHHELD. The Architect may any time within the six-month period, the Director may decline to approve an Application for Payment and may recommend that the final payment to the Contractor be withhold his Certificate in whole or in part if in his opinion he made. At the expiration of the six- month period the Director is unable to make the representations to the Owner as may recommend that final payment be made if all other work provided in this Section. The Architect may also decline to has been performed and all other obligations of the approve any Applications for Payment or, because of Contractor have been met to the satisfaction of the Director. subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any The Director may, if he deems it appropriate, refuse to Certificate for Payment previously issued to such extent as accept bids on other Environmental Management may be necessary in his opinion to protect the Owner from Department contract work from a Contractor against whom a loss because of: claim for damages is outstanding as a result of work 1) defective work not remedied; performed under a City contract. 2) claims filed or reasonable evidence indicating probable 1-8 LIQUIDATED DAMAGES: The deduction for filing of claims; liquidated damages shall be as follows: 3) failure of the Contractor to make payments properly to Amount of Contract Liquidated Damages Per Day Subcontractors,or for labor,materials or equipment; or 4) reasonable doubt that the Work can be completed for $15,000 to less 545 n, the unpaid balance of the Contract Sum; $15,001 to S25,000 $63 $25,001 to 550,000 $105 5) damage to another contractor; $50,001 to 5100,000 $154 $100,000 to $500,000 $210 6) reasonable indication that the Work will not be $500,001 to 51,000,000 $315 completed within the Contract Time;or $1,000,001 to 52,000,000 5420 7) Unsatisfactory prosecution of the Work by the $2,000,001 to 55,000,000 5630 Contractor. $5,000,001 to$10,000,000 $840 over$10,000,000 $980 .. When such grounds for the refusal of payment are removed, 1-9 FAILURE OF PAYMENT If, without fault on the payment shall be made for amounts withheld because of part of the Contractor, the Architect should fail to issue any them. The Owner reserves the right to withhold the payment Certificate for Payment within seven days after receipt of the of any monthly estimate, without payment of interest, if the Contractor's Application for Payment, if the Contractor's ,. Contractor fails to perform the Work in accordance with the Application for Payment,or if,without fault on the part of the specifications or instructions of the Architect. Contractor, the Owner should fail to approve such estimate written or to pay to the Contractor 90%or 95%(as applicable)of the I-7 UNRESOLVED CLAIMS: In the event a - amount thereof within the period of time specified, then the claim for damages against the Contractor or its surae Contractor may, upon seven tractors remains unsettled at the time all work on the project days additional written has been completed to the satisfaction of the Director of the notice to the Owner and to the Architect, stop the Work until Environmental Management Department, as evidenced by a Payment of the amount owing has been received. final inspection, final payment to the Contractor shall not be 1-10 SUBSTANTIAL COMPLETION AND FINAL s recommended by the Director of the Environmental PAYMENT Prior to the request for final payment, the Management Department for a period of 30 days after the Contractor must meet all provisions for Project Closeout. date of such final inspection, unless the Contractor shall When the Contractor determines that the Work or a submit written evidence satisfactory to the Director that the designated portion thereof acceptable to the Owner is claim has been settled and a release has been obtained substantially complete, the Contractor shall prepare the from the claimant involved. submission to the Architect a list of items to be completed or Although the claim concerned remains unsettled at the corrected. The failure to include any items on such list does expiration of the above 30-day period,the Contractor may be not alter the responsibility of the Contractor to complete all deemed to be entitled to a semi-final payment for work Work in accordance with the Contract Documents. When the completed, such semi-final payment to be in an amount Architect, on the basis of m inspection, determines that the equal to the total dollar amount then due less the dollar Work a substantially complete, io then will prepare n value of any written claims pending against the Contractor Certificate of Substantial Completion establ(G704ish which, when arisingout of the approved by the Owner, shall establish the Date of performance of such work, and such Substantial Completion,shall state the responsibilities of the semi-final payment may then be recommended by the Owner and the Contractor for maintenance, heat, utilities, Director. and insurance, and shall fix the time within which the The Director shall not recommend final payment to a Contractor shall complete the items listed therein, said time Contractor against whom such a claim for damages is to be within the Contract time unless extended. outstanding for a period of six months following the date of Upon receipt of written notice that the Work is ready for final the acceptance of the work performed unless the Contractor inspection and acceptance and upon receipt of a final submits evidence in writing satisfactory to the Director that: Application for Payment and upon receipt of a final ' 1) The claim has been settled and a release has been application for payment, providing the record drawings have obtained from the claimant involved,or been received by the Architect, the Architect will conduct such test and/or inspections as he deems necessary, and if a in his opinion the Work has been completed in accordance 2) Good faith efforts have been made settle such outwith the Contract Documents, the Architect will promptly standing claims,and such good faith efforts have failed.. issue a final Certificate of Substantial Completion stating that GC- 14 of 24 3/16/2000 DEM to the best of his knowledge, information and belief, and on structures and utilities not designated for removal, the basis of his observations and inspections, the Work has relocation or replacement in the course of construction. been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found Until acceptance of the Work, it shall be under the Charge to be due the Contractor is due and payable. Final and care of the Contractor, and he shall take every acceptance can be made by the City Council of the City of precaution against injury or damage to the Work by the Fort Worth or it's designated representative, and no other action of the elements or from any other cause whatsoever, form of acceptance will be binding upon the Owner. Final whether arising from the execution or from the non-execution payment and release of the retainage amount will become of the Work. The Contractor shall rebuild, repair,restore and due within fifteen days following approval of the City Council make good, at his own expense, all injuries or damages to of the City of Fort Worth in accepting the work as complete. any portion of the Work occasioned by any of the above, caused before its completion and acceptance. Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to The Contractor shall comply with all applicable Laws, the Architect: Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or 1) Contractor's Affidavit of Payment of Debts and Claims property or to protect them from damage, injury or loss, He (G706) stating that all payrolls, bills for materials and shall erect and maintain, as required by existing conditions equipment, and other indebtedness connected with the and progress of the Work, all reasonable safeguards for Work for which the Owner or his property might in any safety and protection, including posting danger signs and way be responsible, have been paid or otherwise other warnings against hazards, promulgating safety satisfied, regulations and notifying owners and users of adjacent 2) Consent of Surety to Final Payment (G707), if any, to utilities, final payment, 3) Contractor's Affidavit of Release of Liens(G706A),and, When the use or storage of explosives or other hazardous 4) Other data establishing payment or satisfaction of all materials or equipment is necessary for the execution of the such obligations, such as receipts, releases and Work, the Contractor shall exercise the utmost care and waivers of liens arising out of the Contract,to the extent shall Carry on such activities under the supervision of and in such form as may be designated by the Owner. properly qualified personnel. If any Subcontractor, materialman or laborer refuses to All damage or loss to any property referred to in the ' furnish a release or waiver required by the Owner, the preceding paragraphs caused in whole or in part by the Contractor may, at the election of the Owner,furnish a bond Contractor, any Subcontractor, or anyone directly or satisfactory to the Owner to indemnify him against any right, indirectly employed by any of them,or by anyone for whose claim or lien which might be asserted by such Subcontractor, acts any of them may be liable, shall be remedied by the materialman or laborer. If any such right, claim or lien Contractor, including damage or loss attributable to faulty remains unsatisfied after all payments are made. The Drawings or Specifications and acts or omissions of the Contractor shall refund to the Owner all monies that the Architect or anyone employed by him or for whose acts he latter may be compelled to pay to discharging such right, may be liable, and not attributable to the fault or negligence claim or lien, including all costs and reasonable attorney's of the Contractor or anyone claiming through the Contractor fees. for such damage or loss. The acceptance of final payment shall constitute a waiver of The Contractor shall not load or permit any part of the Work all claims by the Contractor except those previously made in to be loaded so as to endanger its safety. writing and still unsettled. J-3 HARD HATS. Hard Hats will be required at all SECTION J construction sites included in this Contract from start to PROTECTION OF PERSONS AND PROPERTY completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be J-1 SAFETY PRECAUTIONS AND PROGRAMS The required to wear a hard hat.The Contractor shall enforce the Contractor shall be responsible for initiating,maintaining and wearing of hard hats by Contractor, employees and visitors. supervising all safety precautions and programs In These requirements are in addition to the Accident connection with the Work. The Contractor shall designate a Prevention Clause in the General Conditions of the Contract. responsible member of his organization at the site whose Contractor shall provide ten hard hats for use by the duty shall be the prevention of accidents. This person shall consulting Architects and Engineers and visitors. be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property, the Contractor shall act at his J-2 SAFETY OF PERSONS AND PROPERTY. The discretion to prevent threatened damage, injury or loss. Any Contractor shall take all reasonable precautions for the additional compensation or extension of time claimed by the safety of, and shall provide all reasonable protection to Contractor on account of emergency work shall be prevent damage,injury or loss to: determined as provided in Changes in the Work. (1) all employees on the Work and all other persons who SECTION K-INSURANCE may be affected thereby; K-1 Insurance Reauired. The Contractor shall not (2) all the Work and all materials and equipment to be commence work under this Contract until he has obtained all incorporated therein, whether in storage on or-off the insurance required under this Section and such insurance site,under the care,custody or control of the Contractor has been approved by the City of Fort Worth, nor shall the or any of his Subcontractors or Sub-contractors;and Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of (3) other property at the site or adjacent thereto,including the Subcontractor has been so obtained and approved. trees, shrubs, lawns, walks, pavements, roadways, GC- 15 of 24 3/16/2000 DEM K-2 Workers'Compensation Insurance: furnishes persons to provide services on the project. "Services" include, without limitation, 1) General providing, hauling, or delivering equipment or a) Contractor's Worker's Compensation Insurance. materials, or providing labor, transportation, or Contractor agrees to provide to the Owner(City)a other services related to a project. "Services" certificate showing that it has obtained a policy of does not include activities unrelated to the project, workers compensation insurance covering each of such as food/beverage vendors, office supply its employees employed on the project in deliveries,and delivery of portable toilets. compliance with state law. No Notice to Proceed 3) Requirements will be issued until the Contractor has complied with this section, a) The contractor shall provide coverage, based on proper reporting of classification codes and payroll b) Subcontractor's Worker's Compensation amounts and filing of any coverage agreements, Insurance. Contractor agrees to require each and which meets the statutory requirements of Texas every subcontractor who will perform work on the Labor Code, Section 401.011(44) for all project to provide to it a certificate from such employees of the contractor providing services of subcontractor stating that the subcontractor has a the project,for the duration of the project. policy of workers compensation insurance covering each employee employed on the project. b) The Contractor must provide a certificate of Contractor will not permit any subcontractor to coverage to the governmental entity prior to being perform work on the project until such certificate awarded the contract. has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City). c) If the coverage period shown on the contractor's current certificate of coverage ends during the c) By signing this contract or providing or causing to duration of the project,the contractor must, prior to be provided a certificate of coverage, the the end of the coverage period, file a new contractor is representing to the City that all certificate of coverage with the City showing that employees of the contractor who will provide coverage has been extended. services on the project will be covered by worker's compensation coverage for the duration of the d) The contractor shall obtain from each person project, that the coverage will be based on proper providing services on a project, and provide to the reporting of classification codes and payroll City: amounts,and that all coverage agreements will be i) a certificate of coverage, prior to that person filed with the appropriate insurance carrier or, in beginning work on the project, so the the case of a self-insured,with the Texas Worker's governmental entity will have on file Compensation Commission's Division of Self- certificates of coverage showing coverage for Insurance Regulation. Providing false or all persons providing services on the project; ' misleading information may subject the contractor and to administrative penalties, criminal penalties, civil penalties or other civil actions. ii) no later than seven days after receipt by the contractor, a new certificate of coverage d) The contractor's failure to comply with any of these showing extension of coverage, if the provisions is a breach of contract by the contractor coverage period shown on the current which entitles the City to declare the contract void certificate of coverage ends during the if the contractor does not remedy the breach within duration of the project. ten days after receipt of notice of breach from the City. e) The contractor shall retain all required certificates of coverage for the duration of the project and for 2) Definitions: one year thereafter. a) Certificate of coverage ("certificate"). A copy of a f) The contractor shall notify the City in writing by certificate of insurance, a certificate of authority to certified mail or personal delivery, within ten (10) self-insure issued by the Texas Workers' days after the contractor knew or should have Compensation Commission, or a coverage known, of any change that materially affects the agreement (TWCC-81, TWCC-82, TWCC-83, or provision of coverage of any person providing TWCC-84), showing statutory workers' services on the project. compensation insurance coverage for the person's or entity's employees providing services on a g) The contractor shall post on each project site a project,for the duration of the project. notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, b) Duration of the Project. Includes the time from the informing all persons providing services on the beginning of the work on the project until the project that they are required to be covered, and contractor's/person's work on the project has been stating how a person may verify coverage and completed and accepted by the City. report lack of coverage. c) Persons providing services on the project h) The contractor shall contractually require each ("subcontractor" in section 406.096)-includes all person with whom it contracts to provide services persons or entities performing all or part of the on a project,to: services the contractor has undertaken to perform on the project, regardless of whether that person i) provide coverage, based on proper reporting contracted directly with the contractor and on the classification codes and payroll regardless of whether that person has employees. amounts and filing of any coverage This includes, without limitation, independent agreements, which meets the statutory contractors, subcontractors, leasing companies, requirements of Texas labor Code. Section motor carriers,owner-operators,employees of any 401.011(44)for all of its employees providing such entity, or employees of any entity which GC- 16 of 24 3/16/2000 DEM services on the project, for the duration of the identity of their employer or status as an project: employee". ii) provide to the contractor, prior to that person Call the Texas Worker's Compensation beginning work on the project, a certificate of Commission at 512-440-3789 to receive coverage showing that coverage is being information on the legal requirement for provided for all employees of the person coverage, to verify whether your providing services on the project, for the employer has provided the required duration of the project; coverage, or to report an employer's iii) provide the contractor, prior to the end of the failure to provide coverage." coverage period, a new certificate of K-3 LIABILITY INSURANCE. The Contractor shall coverage showing extension of coverage, if procure and maintain during the term of this Contract such the coverage period shown on the current Liability Insurance as shall protect him,the City of Fort Worth certificate of coverage ends during the and any Subcontractor performing work covered by this duration of the project; Contract, from claims of damage which may arise from iv) obtain from each other person with whom it operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the contracts,and provide to the contractor: Project, whether such operations be by himself or by any ' (1) a certificate of coverage, prior to the Subcontractor or by anyone directly or indirectly employed other person beginning work on the by either of them and the limits of such insurance shall be project;and not less than the following: (2) a new certificate of coverage showing 1) Automobile Liability: $1,000,000 each accident, or ' extension of coverage, prior to the end reasonably equivalent split limits for bodily injury and of the coverage period, if the coverage property damage. Coverage shall be on "any auto" period shown on the current certiricate including leased, hired, owned, non-owned and of coverage ends during the duration of borrowed vehicles used in connection with this PP the project; Contract. v) retain all required certificates of coverage on 2) Commercial General Liability: $1,000,000 each file for the duration of the project and for one occurrence. Coverage under the policy shall be as year thereafter. comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in vi) notify the City in writing by certified mail or Texas and the policy shall have no exclusions by personal delivery, within ten (10) days after endorsement unless such are approved by the City. the person knew or should have known, of ., any change that materially affects the 3) Asbestos Abatement Liability Insurance: When the provision of coverage of any person providing Project specifically requires the removal of Asbestos services on the project;and Containing Materials, the Contractor shall be required to maintain Asbestos Abatement Liability Insurance as vii) contractually require each person with whom follows: $1,000,000 per occurrence; $2,000,000 it contracts, to perform as required by aggregate limit. The coverage shall include any paragraphs h-i) - vii), with the certificates of pollution exposure, including environmental impairment coverage to be provided to the person for liability, associated with the services and operations whom they are providing services. performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual 4) Posting of Required Worker's Compensation Coverage. emissions and clean-up costs. a) The contractor shall post a notice on each project site informing all persons providing services on the K-4 BUILDER'S RISK INSURANCE. project that they are required to be covered, and stating how a person may verify current coverage Unless stated otherwise in the Proposal or Invitation, the and report failure to provide coverage.This notice Contractor shall procure, pay for and maintain at all times does not satisfy other posting requirements during the term of this Contract, Builder's Risk Insurance imposed by the Texas Worker's Compensation Act against the perils of fire,lightning,windstorm,hurricane,hail, or other Texas Worker's Compensation riot, explosion, civic commotion, smoke, aircraft, land Commission rules. This notice must be printed vehicles,vandalism, and malicious mischief, at a limit equal with a title in at least 30 point bold type and text in to 100%of the Contract Sum. at least 19-point normal type, and shall be in both ' English and Spanish and any other language The policy shall include coverage for materials and supplies common to the worker population. The text for the while in transit and while being stored on or off site. If notices shall be the following text, without any specifically required in the Instructions to Bidders, the policy additional words or changes: shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. "REQUIRED WORKER'S COMPENSATION COVERAGE Consequential damage due to faulty workmanship and/or The law requires that each person design performed by the Contractor or his agents shall be working on this site or providing services covered. ' related to this construction project must Upon completion of the Work, the Contractor shall notify the be covered by worker's compensation City of Fort Worth in writing before terminating this insurance. This includes persons insurance. providing, hauling, or delivering equipment or materials, or providing K-5 PROOF OF CARRIAGE OF INSURANCE. The labor or transportation or other service Contractor shall provide a certificate of insurance related to the project, regardless of the GC- 17 of 24 3/16/2000 DEM documenting the Environmental Management Department, SECTION L City of Fort Worth as a "Certificate bolder', and noting the CHANGES IN THE WORK specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one L-1 CHANGE ORDER. The Owner, without certificate may be required of the Contractor depending upon invalidating the Contract, may order Changes in the Work the agents an/or insurers for the Contractor's insurance within the general scope of the Contract consisting of coverages specified for the project(s). additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All Such K-6 OTHER INSURANCE RELATED Changes in the Work shall be authorized by Change Order, REQUIREMENTS. and shall be executed under the applicable conditions of the Contract Documents. 1) The City of Fort Worth shall be an additional insured, by endorsement,on all applicable insurance policies. A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the 2) Applicable insurance policies shall each be endorsed execution of the Contract,authorizing a Change in the Work with a waiver of subrogation in favor of the City of Fort or adjustment in the Contract Sum or the Contract Time.The Worth. Contract Sum and the Contract Time may be changed only 3) Insurers of policies maintained by Contractor and its by Change Order. ' subcontractor(s),if applicable,shall be authorized to do Any changes in work required due to changed or unforeseen business in the State of Texas, or otherwise approved conditions, or by request of either the Contractor or the City, by the City of Fort Worth, and such shall be acceptable shall be coordinated with the Director, Department of to the City of Fort Worth insofar as their financial Environmental Management. A change order must be strength and solvency are concerned. Any company written and duly negotiated and executed prior to performing through which the insurance is placed must have a changed work. rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole The cost or credit to the Owner resulting from a Change in discretion,a less favorable rate may be accepted by the the Fort Worth shall be determined in one or more of the City. following ways: 4) Deductible limits on insurance policies and/or self 1) by mutual acceptance of a lump sum property itemized, insured retentions exceeding $10,000 require approval including the allowance to Contractor for overhead and of the City of Fort Worth as respects this Contract. profit stipulated in the original contract proposal; 5) The City of Fort Worth shall be notified in writing a 2) by unit prices stated in the Contract Documents or minimum of thirty days prior to an insurer's action in the subsequently agreed upon;or event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance 3) by cost and a mutually acceptable fixed or percentage coverage required in this Contract. fee. 6) Full limits of insurance shall be available for claims If none of the methods set forth herein above is agreed arising out of this Contract with the City of Fort Worth. upon, the Contractor, provided he receives a Change Order, 7) The Contractor shall provide certificates of insurance to shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the the City prior to commencement of operations pursuant Contractor's reasonable expenditures and savings, including to this Contract. Any failure on part of the City of Fort a reasonable allowance for overhead and profit as indicted in Worth to request such documentation shall not be the original contract proposal. In such cases, the Contractor construed as a waiver of insurance requirements shall keep and present, in such form as the Architect shall specified herein. prescribe, an itemized accounting together with appropriate 8) The City of Fort Worth shall be entitled, upon request supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the and without incurring expense, to review the insurance Architect's Certificate of Payment as approved by the policies including endorsements thereto and, at its Owner. discretion, to require proof of payment for policy premiums. If after the contract has been executed, the Architect, 9) The City of Fort Worth shall not be responsible for requests a price proposal from the Contractor for a proposed change in scope of the work, Contractor shall process such paying the cost of insurance coverages required herein. proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein the price quotation and if approval is recommended, forward g the proposed change order request and price proposal to the shall be provided to the City in a timely manner. Owner for approval. If the Architect will attempt to negotiate 11) "Other insurance" as referenced in any policy of with Contractor to revise the proposal to a figure which is fair insurance providing coverages required herein shall not and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the apply to any insurance policy or program maintained by Architect shall prepare a cost-plus type Change Order with a the City of Fort Worth. price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor 12) Contractor shall agree to either require its in accordance with the paragraph above. subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor is advised that according to City of Fort Worth Contractor shall provide such coverage on the Charter, that when the cumulative effect of Change Orders Contractor's subcontractors. results in an increase in cost of the contract amount by over GC- 18 of 24 3/16/2000 DEM 53.000. the City Council must approve all such Change Orders which will exceed this limit. Normal processing time If any other work has been covered which the Owner or for the City Staff to obtain City Council approval, once the Architect have not specifically requested to observe prior to recommended change order has been received at the City, being covered, the Architect or the Owner may request to is approximately thirty (30) days . Owner, Architect and see such work and it shall be uncovered by the Contractor. If Contractor shall endeavor to identify Change Order items as such Work be found in accordance with the Plans and early in the Construction process as possible to minimize Specifications,the cost of uncovering and replacement shall, their impact on the construction schedule. by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and If unit prices are stated in the Contract Documents or Specifications, the Contractor shall pay such costs unless it subsequently agreed upon, and if the quantities originally be found that this condition was caused by a separate contemplated are so changed in a proposed Change Order contractor employed by the Owner. that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the M-2 CORRECTION OF WORK. The Contractor shall Contractor, the applicable unit prices shall be equitably promptly correct all work rejected by the Owner or Architect adjusted to prevent such hardship, as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial If the Contractor claims that additional cost or time is Completion and whether or not fabricated, installed or involved because of (1) any written interpretation issued completed. The Contractor shall bear all costs of correcting pursuant to Section A, (2) any order by the Architect or such rejected Work, including the cost of the Architect's Owner to stop the Work pursuant to Section B, where the additional service thereby made necessary. Contract was not at fault, or(3)any written order for a minor change in the Work,the Contractor shall make such claim. If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If law or by the terms of any applicable special guarantee the Contractor wishes to make a claim for an increase in the required by the Contract Documents, any of the work is Contract Sum or an extension in the Contract Time, he shall found to be defective or not in accordance with the Contract give the Architect written notice thereof within a reasonable Documents, the Contractor shall correct it promptly after time after the occurrence of the event that gave rise to such receipt of a written notice from the Owner to do so, unless claim. This notice shall be given by the Contractor before the Owner has previously given the Contractor a written proceeding to execute the Work, except in an emergency acceptance of such condition, describing same specifically endangering life or property in which case the Contractor and not generally. The Owner shall give such notice shall proceed in accordance with Section J. No such claim promptly after discovery of the condition. shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if approved All such defective or non-conforming work under the by the Owner,shall be authorized by Change Order, preceding paragraphs shall be removed from the site where necessary, and the work shall be corrected to comply with L-3 OVERHEAD ALLOWANCES FOR CHANGES: the Contract Documents without cost to the Owner. Should any change in the work or extra work be ordered, the following applicable percentage shall be added to The Contractor shall bear the cost of making good all work of Material and Labor costs to cover overhead and profit: separate contractors destroyed or damaged by such removal or correction. 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall If the Contractor does not remove such defective or non- not exceed fifteen percent1f 5%1. conforming work within a reasonable time fixed by written notice from the Architect or the Owner, the Owner may 2. Allowance to the Contractor for overhead and profit for remove it and may store the materials or equipment at the extra work performed by a Subcontractor and supervised by expense of the Contractor.If the Contractor does not pay the the Contractor shall not exceed ten percent1t 0%1. cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell L-4 MINOR CHANGES IN THE WORK. The Architect such work at auction or at private sale and shall account for shall have authority to order minor changes in the Work not the net proceeds thereof, after deducting all the costs that involving an adjustment in the Contract Sum or an extension should have been borne by the Contractor including of the Contact Time and not inconsistent with the intent of compensation for additional architectural services. If such the Contract Documents. Such changes may be effected by proceeds of sale do not cover all costs that the Contractor Field Order or by other written order.Such changes shall be should have borne, the difference shall be charged to the confirmed in writing by the Architect and shall be binding on Contractor and an appropriate Change Order shall be the Owner and the Contractor. issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall L-5 FIELD ORDERS. The Architect may issue written pay the difference to the Owner. Field Orders which interpret the Contract Documents in accordance with Section A, or which order minor changes in If the Contractor fails to correct such defective or non- the Work in accordance with Section L without change in conforming work, the Owner may correct it in accordance Centract Sum or Contract Time. The Contractor shall carry with Section G. out such Field Orders promptly. The obligation of the Contractor under this Section shall be SECTION M in addition to and not in limitation of any obligations imposed UNCOVERING AND CORRECTION OF WORK upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner or Architect, it M-3 ACCEPTANCE OF DEFECTIVE OR NON- must be uncovered for observation and replaced, at the CONFORMING WORK. If the Owner prefers to accept Contractor's expense. defective or non-conforming work, he may do so instead of GC- 19 of 24 3/16/2000 DEMI requiring its removal and correction,in which case a Change completed and further reduced by the amount of payments, Order will be issued to reflect an appropriate reduction in the if, any otherwise made. Contractor shall submit its claim for Contract Sum, or, if the amount is determined after final amounts due after termination as provided in this paragraph payment,it shall be paid by the Contractor. within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability SECTION N of all or any portion of such claim under this paragraph, such TERMINATION OF THE CONTRACT dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision N-1 TERMINATION BY THE CONTRACTOR. If the by the City Council of the City of Fort Worth shall be final work is stopped for a period of 30 days under an order or and binding upon all parties to this contract any court or other public authority having jurisdiction, through no act or fault of the Contractor or a Subcontractor SECTION O or their agents or employees or any other persons SIGNS performing any of the work under a contract with the Contractor, or if the work should be stopped for a period of The Contractor shall construct and install the project 30 days by the Contractor for the Owner's failure to make designation sign as required in the Contract Documents and payment thereon as provided in Section I, then the in strict accordance with the Specifications for "Project Contractor may after the end of such period of 30 days and Designation Signs."This sign shall be a part of this Contract upon seven additional days'written notice to the Owner and and shall be included in the Contractor's Base Bid for the the Architect,terminate the Contract. Project. N-2 TERMINATION BY THE OWNER. If the SECTION P contractor is adjudged as bankrupt, or if he makes a general TEMPORARY FACILITIES assignment for the benefit of his creditors,or if a receiver is appointed on account of his insolvency, of if the Contractor P•1 SCOPE. The Contractor shall furnish, erect, and refuses, except in cases for which extension of time is maintain facilities and perform temporary work required in provided, to supply enough properly skilled workmen or the performance of this Contract, including those shown and proper materials, or if he fails to make prompt payment to specified. Subcontractors or for materials or labor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or P-2 USE OF TEMPORARY FACILITIES. All Orders of any public authority having jurisdiction, or temporary facilities shall be made available for use by all otherwise is guilty of a substantial violation of a provision of workmen and subcontractors employed on the project, the Contract Documents, then the Owner, on its own subject to reasonable directions by the Contractor as to their initiative or upon certification by the Architect that sufficient proper and most efficient utilization. cause exists to justify such action, may,without prejudice to any rights or remedy and after giving the Contractor and his P-3 MAINTENANCE AND REMOVAL. The surety, if any, seven (7) days' written notice, terminate the Contractor shall maintain temporary facilities in a proper, employment of the Contractor and take possession of the safe operating and sanitary condition for the duration of the site and of all materials, equipment, tools, construction Contract. Upon completion of the Contract, all such equipment and machinery thereon owned by the Contractor temporary work and facilities shall be removed from the and may finish the work by whatever method he may deem premises and disposed of unless otherwise directed or expedient. In such case the Contractor shall not be entitled specified hereunder. to receive any further payment until the Work is finished. P-4 FIELD OFFICES AND SHED. The Contractor If the costs of finishing the Work, including compensation for shall provide a temporary field office building for himself, his ' the Architect's additional services., exceed the unpaid subcontractors and use by the Architect. For construction balance of the Contract, the Contractor shall pay the contracts with a bid price in excess of $1,000,000.00, the difference to the Owner. Contractor shall provide a separate field office for the City's field representative (but the separate office may be in the The City of Fort Worth may terminate this contract in whole, same structure).The buildings shall afford protection against or from time to time,in part,whenever such termination is in the weather, and each office shall have a lockable door, at the best interest of the City. Termination will be effected by least one window, adequate electrical outlets and lighting, delivering to the Contractor a notice of termination specifying and a shelf large enough to accommodate perusal of the to what extent performance of the work of the contract is project drawings. Openings shall have suitable locks. Field being terminated and the effective date of termination. After offices shall be maintained for the full time during the receipt of termination the contractor shall: operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and a) Stop work under the Contract on the date and to the equipped with a heating device to maintain 70 degree extent specified on the notice of termination. Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning b) Place no further orders or subcontracts except as may device to maintain temperature below 75 degrees F. Upon be necessary for the completion of the work not completion of the work of the Contract, the Contractor shall terminated. remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives c) Terminate all orders and subcontracts to the extent that office: one deck, four chairs, plan rack and a four drawer they relate to the performance of the work terminated filing cabinet (with lock). Each office shall contain not less by the notice of termination. than 120 square feet of floor space. After termination as above, the City will pay the contractor a The Contractor shall provide and maintain storage sheds, proportionate part of the contract price based on the work other temporary buildings or trailers on the project site as completed; provided, however, that the amount of payment required for his use. Location of sheds and trailers shall be a on termination shall not exceed the total contract price as as approved by the Architect. Remove sheds when work is reduced by the portion thereof allocatable to the work not completed,or as directed. GC- 20 of 24 3/16!2000 DEM a) At all times during the placing, setting and curing of ' P-5 TELEPHONE, The Contractor shall provide and concrete provide sufficient heat to insure the heating of pay for telephone installation and service to the field offices the spaces involved to not less than 40 F. described above. Service shall be maintained for the duration of operations under this contract. The Contractor b) From the beginning of the application of drywall and shall provide for and pay for an automatic telephone- during the setting and curing period, provide sufficient answering device at the site office for the duration of the heat to produce a temperature in the spaces involved of tc project. The contractor shall provide a separate telephone not less than 55 F. line, and instrument for use by the City's field representatives. c) For a period of seven (7)days previous to the placing of interior finish materials and throughout the placing of P-6 TOILET FACILITIES. The Contractor shall finish painting,decorating and laying of resilient flooring provide proper, sanitary and adequate toilet facilities for the materials, provide sufficient heat to produce a use of all workmen and subcontractors employed on the temperature of not less than 60 F. project. P-9 TEMPORARY CONSTRUCTION EQUIPMENT P-7 UTILITIES. Contractor shall make all necessary AND PROTECTION arrangements and provide for temporary water and electricity required during the construction. Contractor shall The Contractor shall provide, maintain, and remove upon provide and install temporary utility meters during the completion of the work all temporary rigging, scaffolding, 4 contract construction period. These meters will be read and hoisting equipment, rubbish chutes, ladders to roof, the Contractor will be billed on this actual use. The barricades around openings,and all other temporary work as Contractor shall provide all labor and materials required to required to complete all work of the Contract. Contractor tap into the utilities. The Contractor shall make the shall coordinate the use and furnishing of scaffolds with his connections and extend the service lines to the construction sub-contractors. area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the The Contractor shall provide, maintain, and remove upon existing lines. Only utilities at existing voltages, pressures, completion of the work, or sooner, if authorized by the frequencies,etc.will be available to the Contractor. Architect, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective Water. Provide an ample supply of potable water for all structures or devices necessary for the safety of workmen, purposes of construction at a point convenient to the project City employees,equipment,the public and property. or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide All temporary construction and equipment shall conform to sufficient hose to carry water to every required part of the all regulations, ordinances, laws and other requirements of construction and allow the use of water facilities to the authorities having jurisdiction, including insurance subcontractors engaged on the work. Provide pumps, tanks companies, with regards to safety precautions, operation and compressors as may be required to produce required and fire hazard. pressures. The Contractor shall provide and maintain pumping facilities, Electric Service. Provide adequate electric service for power including power,for keeping the site,all times,whether from and lighting to all points where required. Temporary, electric underground seepage,rainfall,drainage of broken lines. service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, The Contractor shall maintain provision for closing and motors, welding machines, lights, heating plant, air locking the building at such time as possible to do so. If this conditioning system, pumps, and other work required. is not feasible,maintain a night Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or The Contractor shall provide and maintain all barricades or power, enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result Li htin . Supply and maintain temporary lighting so that of work under this Contract. Such protection shall be work of all trades may be properly and safely performed, in positive,shall meet the approval of the Architect and shall be such areas and at such time that day-lighting is inadequate. maintained for the duration of the construction period or as Provide at least 0.75 watts of incandescent lighting per required to provide for the protection as specified. squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100 watt lamps. In any event, the lighting P-10 PROJECT BULLETIN BOARD. The Contractor intensity shall not be less than 5 foot candles in the vicinity of shall furnish,install and maintain during the life of the project work and traffic areas. a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass IS P-8 HEATING. Heating devices required under this doors with provisions for locking. The bulletin board shall be paragraph shall not be electric. The Contractor shall provide mounted where and as approved by the Architect, in a heat, ventilation, fuel and services as required to protect all prominent place accessible to employees of the Contractor work and materials and to keep the humidity down to the and sub-contractors, and to applicants for employment. The extent required to prevent corrosion of any metal and to bulletin board shall remain the property of the Contractor and prevent dampness or mildew which is potentially damaging shall be removed by him upon completion of the Contract to materials and finishes. All such heating, ventilation and work. The following information which will be furnished by services shall be provided and maintained until final the City to the Contractor, shall be posted on the bulletin acceptance of all work. In addition, the Contractor shall board and shall be maintained by the Contractor in easily provide heat ventilation prior and during the following work readable condition at all times for the duration of the operations as follows: Contract. GC-21 of 24 3/16/2000 DEM a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38). b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage +. rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County,Texas. .-R GC-22 of 24 3/16/2000 DEM GENERAL CONDITIONS INDEX D-22 Cutting and Patching of Work A DEFINITIONS PROCEDURES AND D-23 Cleaning Up INTERPRETATIONS D-24 Communications A-1 Contract Documents E SUBCONTRACTORS A-2 Entire Agreement A-3 Work E-1 Definition �. A4 Execution of the Contract Documents E-2 Award of Subcontracts A-5 Familiarity with Proposed Work E-3 Terms of Subcontracts A-6 One Unified contract E-4 Minority and Women's Business Enterprise A-7 Division of Work (M/WBE) A-8 Interpretations E-5 Payments to Sub-Contractors A-9 Copies of Working Drawings and Specifications F SEPARATE CONTRACTS A-10 Minority and Women's Business Enterprise Policy F-1 Owner's Right A-11 Correlation and Intent F-2 Mutual Responsibility of Contractors A-12 Age F-3 Cutting and Patching Under Separate A-13 Disability Contracts F-4 Owner's Right to Clean Up B IDENTITY OF ARCHITECT G MISCELLANEOUS PROVISIONS B-1 Contract Administration B-2 Termination and Suspension of Work G-1 Conflict of Laws B-3 Duties of Architect G-2 Governing Laws B-4 Architect as Representative of the Owner G-3 Personal Liability of Public Officials B-5 Access to Job Site G-4 Compliance with Laws B-6 Interpretations G-5 Indemnification B-7 Authority to Stop Work G-6 Successors and Assigns B-8 Miscellaneous Duties of Architect G-7 Written Notice B-9 Termination of Architect G-8 Surety Bonds G-9 Owner's Right to Carry Out the Work C OWNER G-10 Royalties and Patents G-11 Tests C-1 Identification G-12 Interruption of Existing Utilities Services C-2 Duties of the Owner G-13 Laying Out Work C-3 Instructions G-14 Measurements C4 Access to Job Site G-15 Existing Overhead or Underground Work C-5 Progress Inspections G-16 Alignment of Joints in Finish Materials C-6 Authority to Stop Work G-17 Integrating Existing Work C-7 Substantial Completion Inspection G-18 Hazardous Material Certification C-8 Right to Audit G-19 Location of Equipment and Piping G-20 Overloading D CONTRACTOR G-21 Manufacturer's Instruction G-22 Cleaning Up D-1 Identification G-23 Dust Control D-2 Independent contractor G-24 Fire Protection D-3 Subletting G-25 Cutting and Patching D-4 Review of contract Documents G-26 Project Closeout D-5 Supervision G-27 Guarantee and Extended Guarantee D-6 Labor and Materials G-28 Y2K Compliance Requirements D-7 Prevailing Wage Rate G-29 Record Drawings D-8 Warranty G-30 Construction Fence D-9 Taxes G-31 Product Delivery,Storage,Handling D-10 Licenses,Notices and Fees G-32 Removal of Salvaged Material D-11 Cash Allowances G-33 Manufacturer's Reference D-12 Superintendent D-13 Responsibility for Employees and Sub- H CONTRACT TIME contractors D-14 Failure to Commence work H-1 Definitions D-15 Progress Schedule H-2 Progress and Completion D-16 Drawings and Specifications at the Site H-3 Delays and Extension of Time D-17 Shop Drawings and Samples H-4 No Damage for Delay D-18 Site Use D-19 Safe Work Practices I PAYMENTS AND COMPLETION D-20 Field Offices and Sheds D-21 Trench Safety 1-1 Contract Sum GC-23 of 24 3/16/2000 DEM 1-2 Schedule of Values L-5 Field Orders 1-3 Adjustment of Quantities 1-4 Progress Payments M UNCOVERING AND CORRECTION OF 1-5 Certificates for Payment WORK 1-6 Payments Withheld 1-7 Unresolved Claims M-1 Uncovering of Work 1-8 Liquidated Damages M-2 Correction of Work 1-9 Failure of Payment M-3 Acceptance of Defective or Non-Conforming 1-10 Substantial Completion and Final Payment Work J PROTECTION OF PERSONS AND N TERMINATION OF THE CONTRACT PROPERTY N-1 Termination by the Contractor J-1 Safety Precautions and Programs N-2 Termination by the Owner J-2 Safety of Persons and Property J-3 Hard Hats 0 SIGNS J-4 Emergencies P TEMPORARY FACILITIES K INSURANCE �. P-1 Scope K-1 Insurance Required P-2 Use of Temporary Facilities P-3 Maintenance and Removal K-2 Workers'Compensation Insurance P-4 Field Offices and Sheds K-3 Liability Insurance P-5 Telephone K-4 Builder's Risk Insurance P-6 Toilet Facilities K-5 Proof of Insurance P-7 Utilities K-6 Other Insurance Related Requirements P-8 Heating w L CHANGES IN THE WORK P-9 Temporary Construction,Equipment and Protection L-1 Change Order P-10 Project Bulletin Board L-2 Claims for Additional Cost or Time Q VENUE L-3 Overhead Allowance for Changes L-4 Minor Changes in the Work 00000 s rr� GC-24 of 24 3/16/2000 DEM WEATHER TABLE Month Average Inches of Snow/Ice Days of Rainfall Pellets ' Rain January 7 1.80 1 ii 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 ANNUALLY 77 32.30 1 r (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. 2000 BUILDING&CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE AIR CONDITIONING MECHANIC 515.96 PLASTERER 13.29 AIR CONDITIONING MECHANIC HELPER 8.81 PLASTERER HELPER 8.63 .� ACOUSTIC CEILING INSTALLER 13.82 PLUMBER 16.26 ACOUSTIC CEILING INSTALLER HELPER 9.79 PLUMBER HELPER 9.39 BRICKLAYER/STONE MASON 13.25 REINFORCING STEEL SETTER 11.88 BRICKLAYER/STONE MASON HELPER 9.86 REINFORCING STEEL HELPER 9.18 CARPENTER 13.00 ROOFER 13.17 CARPEN'T'ER HELPER 9.34 ROOFER HELPER 7.82 CONCRETE FINISHER 12.00 SHEET METAL WORKER 15.87 CONCRETE FINISHER HELPER 9.44 SHEET METAL WORKER HELPER 9.29 CONCRETE FORM BUILDER 11.59 SHEETROCK HANUER 12.70 CONCRETE FORM BUILDER HELPER 8.87 SHEETROCK HANGER HELPER 9.71 DRYWALL TAPER 11.87 SPRINKLER SYSTEM INSTALLER 16.93 DRYWALL TAPER HELPER 8.25 SPRINKLER SYSTEM INSTALLER HELPER 7.81 ELECTRICIAN JOURNEYMAN 16.29 STEEL WORKER STRUCTURAL 14.66 ELECTRICIAN HELPER 10.20 STEEL WORKER STRUCTURAL HELPER 7.91 ELECTRONIC TECHNICIAN 12.86 WELDER 14.87 ELECTRONIC TECHNICIAN HELPER 12.67 WELDER HELPER 9.67 FLOOR LAYER(CARPET) 13.58 FLOOR LAYER(RESILIENT) 14.48 HEAVY EQUIPMENT OPERATORS FLOOR LAYER HELPER 8.56 GLAZIER 13.66 EQUIPMENT OPERATORS 14.66 GLAZIER HELPER 9.26 CONCRETE PUMP OPERATORS 13.30 INSULATOR 15.89 INSULATOR HELPER 9.46 CRANE,CLAMSHELL,BACKHOE, LABORER COMMON 7.82 DERRICK,D'LINE SHO 13.03 LABORER SKILLED 9.66 LATHER 15.80 FORKLIFT OPERATOR 10.34 LATHER HELPER 11.75 FOUNDATION DRILL OPERATOR 11.66 METAL BUILDING ASSEMBLER 13.34 FRONT END LOADER OPERATOR 11.60 METAL BUILDING ASSEMBLER HELPER 7.85 TRUCK DRIVER 9.80 PAINTER 11.93 PAINTER HELPER 8.30 PIPEFITTER 14.33 PIPEFITTER HELPER 10.93 i i 7 i i FoFTWOPTH TEXAS 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. i Description of Items(or an attached order or invoice) To be Purchased: All, Items I claim this exemption for the following reason: Name of exemption organization: City of fort Worth Texas Sales and Use Tax Permit NI-75-6000528-6 I understand that I will be liable for payment of sales tax which may become due for failure to comply with the provision of the states,city and or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determine by the price paid for the taxable items purchased or the fair market rental value for the period of time use. I understand that It is a misdemeanor to give an exemption 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. Ivfunlcipalitics are granted tax exempt status per the Texas Constitution,ART 8,Section I. Purchasers: City of Fort Worth t Street Address: 1000 Throckmorton City,State,Zip Code: Fort Worth Texas 76102 Signaturv7itle: Purchasing Manager Date: Phone: Fax: This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or "tax exempt"numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. FINANCE DEPARTMENT PURCHASING DIVISION THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 (817) 871-8360 * FAx (817) 871-8440 (j rrinted on wrued PROJECT DESIGNATION SIGN 1-1 rz• oIT 001-F\ .L ,H 3" 3" 1 Project Title 4„ 1-1 r2" I Contractor: r2•• 2-1rZ' Contractors Name 1-314" 1' FUNDED BY 2-1rz• SCHEDULED COMPLETION DATE 1" YEAR 1-1r2" SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE, CONTRACTOR, BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA. CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE LINES THAT COMPOSE THE"STAR"ARE PMS 157, R. J. MILLER LIETTEQ ©F ' iOSTU T I U AND ASSOCIATES 3624 W. Vickery Fort Worth, TX 76107 DATE Jou NO. (817) 377-0971 FAX (817) 377-09736-Opo ATTENTIONN RE: TO G,'�v o ir ��. wo. Me,o.c A e,fi A' C > WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order GoOn �ra&_45 COPIES DATE NO. DESCRIPTION I I THESE ARET �MITTED as checked below: For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution > ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS "(k r--s ,amu f 6>;/ s,a ,�d/ a-n d z✓a. le-d o d Qy f�/catsG seed Go.i7� ca _f-0— COPY TO SIGNED: r If enclosures are not as noted, kindly notify us at once.