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CITY SECRETARY j51
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FORT WORTH, TEXAS
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VAUGHN ARCHITECTS PLUS
3550 Hulen * Fort 'Worth, Texas 76107 * 817/732-5651
City of Fort Worth, Texas
"11yor And Coundt Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/29/00 **C_1 7888 20CAMELOT 1 of 1
SUBJECT AWARD CONSTRUCTION CONTRACT TO CAMELOT ROOFING FOR ROOF
REPLACEMENT OF NINE BUILDINGS AT TWO LOCATIONS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Camelot
Roofing for Roofing Project V09, replacing the roofs of nine buildings at two locations in the amount of
$39,845.40 and for a duration of 30 calendar days.
DISCUSSION:
The roofs of these buildings were damaged in the May 5, 1995, hailstorm. Project plans and bid
documents were prepared by Vaughn Architects, Plus. The project was advertised for bid December 2
and 9, 1999. The following bids were received December 30, 1999:
BIDDERS AMOUNT TIME OF COMPLETION
Camelot Roofing $ 39.845.40 30 Calendar Days
RoofMaster Maintenance and Roofing, Inc. 53,483.19 20
AA Applicators, Inc. 149,998.50 90
The estimated cost for these nine buildings was $29,321. The architect recommends award to the
lowest bidder.
A waiver of the M/WBE requirement was requested and approved by the M/WBE Office because the
purchase of services was from a source where subcontracting or supplier opportunities were negligible.
The facilities are located in the following Council Districts:
COUNCIL DISTRICT 8: Rolling Hills Service Center (8 buildings)
COUNCIL DISTRICT 9: McLeland Tennis Center(1 building)
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Insurance Fund.
MG:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 AMOM
Originating Department Head: CITY COUNCIL
Hugo Malanga 7801 (from) FEB 29 1000
FE71 534260 0157150 $39,845.40 ��})
Additional Information Contact: 4J..OGe.-,/
City Seatetary of the
Hugo Malanga 7801 City of Fort Worth Taxes
PROJECT MANUAL
For
ROOF REPLACEMENT
NINE BUILDINGS / PKG V09
CITY OF FORT WORTH
Two Locations
Fort Worth, Texas
KENNETH BARR - MAYOR
BOB TERRELL - CITY MANAGER
Project Manager:
TRANSPORTATION AND PUBLIC WORKS
1000 Throckmorton
Ft. Worth, Texas 76102
Recommend Approval:
Mik au
hief, Architectural Services Section
Approval: 4114hp,
Gary de t o uilding Services Division
Expires 7-31-98
Consulting Architect: BRED A
VAUGHN ARCHI'T'ECTS PLUS �a o��pD VAU�hk
3550 Hulen Suite E
Ft. Worth, Texas 76107 e e
(817) 732-5651
(817) 732-0562 Fax lF OF �° P
Job. Number 96040
Date: March 1998
TABLE OF CONTENTS
BIDDING REQUIREMENTS
Notice to Bidders------------------------------------------------------NTB-1
Instructions to Bidders____----------------____----------------------ITB-1 thru ITB-3
Proposal--------------------------------------------------------------P-1 thru P-2
CONTRACT REQUIREMENTS
General Conditions-------_ _________________------__________________GC-1 thru GC-23
Weather Tab1eN_____ ____�__ �______� ~� ______�-1
Wage Rates- -WR-1
Texas Certificate of Exemption-----------------------_---—---___Form (lpage)
Project Designation Sip--- NwM___w�__--------Form
~__-Form (1 page)
Construction Contract -C-1 thru C-2
Performance Bond----- _M______Form (2 pages)
Payment Bond-------------------------------------------------------Form (2 pages)
Certificate of Insurance--____---------__r—-------------___----Form (1 page)
Compliance with Workers' Compensation-------------------------Form (1 page)
DIVISION 1 - NONE IN THIS PROJECT
DIVISION 2 - SITEWORK
02072 - Minor Demolition and Renovation Work----------------1 thru 4
DIVISION 3 THRU 6 - NONE IN THIS PROJECT
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07310 - Asphalt Shingles----- thru 4
07525 - Modified Bitumen Sheet Roofing-------- -----------1 thru 6
�. 07560 - Fluid-Applied Roofing---- -----1 thru 6
07951 - Caulking and Sealants--------- -----------------------1 thru 2
DIVISION 8 THRU 16 - NONE IN THIS PROJECT
DRAWINGS - Refer to Index of Drawings--------------------------------ID-1
Expires 7-31-98
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NOTICE TO BIDDERS
Sealed bids for Roof Replacement, Nine Buildings/Pkg V09,Two Locations, Fort Worth,will be received at
the Purchasing Office, City of Fort Worth, 1000 Throckmorton,Fort Worth,76102, until 1:30 P.M.,
Thursday, December 30, 1999,and will be opened and publicly read aloud appro)amately thirty minutes
later in the Council Chambers.
A mandatory Pre-Bid Conference will be held at 10:00 AM,Tuesday,December 14, 1999,in the
Conference Room of the Building Services Division,3409 Harley Avenue.
The Project consists of replacing approbmately 15 squares of roofing with modified bitumen APP recover of
roof system (NDL,Total System, 12 year warranty)equal to U.S.Intec,approbmately 175 squares of
asphalt shingle roofing,and approbmately 50 squares of elastomeric roof system.
Minority and Womens Business Enterprise subcontracting and supplier requirements are waived for this
project.
Contractors will be required to post Payment and Performance Bonds and provide Contractors General Liability
and Statutory Workers Compensation Coverage.
Copies of the Project Manual and plans for this project may be obtained at the Department of Engineering
Plans Desk,City Hall, 1000 Throckmorton Street(817-871-7910)in return for a $50 deposit for each set.
For additional information contact Don Strickland,Vaughn Architects Plus, (817)732-5651.
Advertisement: December 2, 1999
December 9, 1999
NTB-1
INSTRUCTIONS TO BIDDERS
1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the
responsiveness of a Proposal:
• Use the Proposal Form provided in the Project Manual.
• Entries on the Proposal Form may be handwritten or typed
• Write in contract duration if not specked
• Acknowledge all addenda on the Proposal Form
• Have a Principal sign the Proposa�f
• Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard bid
bond. Personal checks are not acceptable. Note Project Name on the check or bid bond
2. MINORITY/WOMENS BUSINESS ENTERPRISE(M/WBE):Waived
3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth,
in an amount of five(5)per cent of the bid submitted. The Bid Security must accompany the bid and is subject
to forfeit fin the event the successful bidder fails to execute the contract documents within ten (10)days after
the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposal.
Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond
will be returned if the City fails to award the contract within 49 calendar days of receipt of bids, unless the Bidder
agrees to an extension.
4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of$25,000,the successful
bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount
of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable
to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil
Statutes of Texas, as amended.
In order for a surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.
S.Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal
to ten times the amount of the bond. The surety must be licensed to do business in the state of Texas. The
amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth of the total capital and
surplus. If reinsurance is required,the company writing the reinsurance must be authorized, accredited or
trusteed to do business in Texas.
No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which
are interested in any litigation against the City.Should any surety on the contract be determined unsatisfactory
at any time by the City,notice will be given to the Contractor to that effect and the contractor shall immediately
provide a new surety to the City.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum.
Payment shall not be made for a period of 45 calendar days from the date the work has been competed and
accepted by the City.
If the contract is in excess of$25,000,a Payment Bond shall be executed,in the amount of the contract,solely
for the protection of all claimants supplying labor and materials in the prosecution of the work.
If the contract amount is in excess of$100,000,a Performance Bond shall also be provided,in the amount of
the contract, conditioned on the faithful performance of the work in accordance with the plans,specification,
and contract documents. Said bond shall be solely for the protection of the City of Fort Worth.
ITB-1
5. PRE-BID SITE INVESTIGATION: Prior to filing a bid,the bidder shall examine the site(s) of the work
and the details of the requirements set out in these specifications to satisfy himself as to the conditions which
will be encountered relating to the character,quality,and quantity of the work to be performed and materials
and equipment required.The filing of a bid by the bidder shall be considered evidence that he has complied
with these requirements.
6. AMBIGUITY:In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves
the right to adopt the most advantageous construction thereof to the City or to reject the proposal.
7. WAGE RATES:Not less than the prevailing wage rates set forth in Contract Documents, must be paid
on this project.
8. POST BID-PREAWARD SUBMITTALS: Bidders are required to submit the following information to
the Architectural Services Section, Building Services Division, 3409 Harley Avenue, 817-871-8274,within five
business days subsequent to bid opening (Normally Thursday following a Thursday bid opening) in order to
assist City staff in determining the Contractor's capability of performing the work and in meeting City contract
requirements:
Contractors Qualification Statement(AIA Form A305)
Proposed Subcontractors and Suppliers
Proof of insurability for Statutory Workers Compensation Insurance
9. PROPOSED SUBCONTRACTORS:Acceptance of the bid in no way requires the City to accept the
qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing
recommendations for award of the contract The Contractor must provide and use subcontractors listed unless
the City agrees to allow a substitute.
10. DISCREPANCIES AND ADDENDA:
Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to their
meaning,he shall notify the City at once. If required,the City will then prepare a written addendum that will be
available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents by the Notice
to Bidders.The Contractor is responsible for determining if addenda are available and for securing copies prior
to submitting a proposal. Oral instructions or decisions unless confirmed by addenda will not be considered
valid,legal or binding. No extras will be authorized because of failure of the contractor to include work called
for in the addenda.
Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal
to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information
in the Proposal.
11. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate that coverage
is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers
Compensation Insurance will be obtained,must be submitted within five working days of bid opening
12. TAXES:Equipment and materials not consumed by or incorporated into the work are subject to State
sales taxes under House Bill 11,enacted August 15, 1991.
13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required
by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be
required for each work location.
14. CONTRACT DURATION:Time is of the essence. City will evaluate the bids based upon construction
cost and stated bid period of time for construction. Where the Bidder proposes time,the City will evaluate the
City's program needs in determining the acceptability of the proposed contract duration. The City reserves the
right to award the contract upon those terms considered by the City to be in its best interests.
ITB-2
15. PIAN DEPOSIT:The City will deposit plan deposit checks to its account two weeks following receipt
of bids. Plans must be returned by all except the apparent low bidder prior to that time. Contractors forfeit their
plan deposit after that time.
16. ADJUSTMENT OF QUANTITIES:Where unit prices and estimated quantities are used to compute the
contract amount, the Owner may increase the quantities by an amount that is 20% of the total cost for that
section. Unit prices for adjustments to unit quantities in excess to 20% may be negotiated at the request of
either party.
17. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturers references are
descriptive,not restrictive. Bids on brands of like nature and quality will be considered.Within 14 days after bid
opening and upon request of the architect or contractor,the contractor will submit a full sized sample and/or
detailed information as required to allow the architect to determine the acceptability of proposed substitutions.
Where equipment has been fisted as Ono substitute accepted",the City will accept no alternates to the specified
equipment.
00000
ITB-3
PROPOSAL
T0: MR. BOB TERRELL
CITY MANAGER
CITY OF FORT WORTH,TEXAS
FOR: ROOF REPLACEMENT
NINE BUILDINGS/PKG V09
TWO LOCATIONS, FORT WORTH
Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans,
specifications and the site,understands the amount of work to be done,and hereby proposes to do all the work
and furnish all labor,equipment and materials necessary to fully complete all the work as provided in the plans
and specifications, and subject to the inspection and approval of the Director of Transportation and Public
Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council,the bidder is bound to execute a contract and,if the
contract amount exceeds$25,000.00,furnish Performance and/or Payment Bonds approved by the City of Fort
Worth for performing and completing the Work within the time stated and for the following sum,to wit:
DESCRIPTION OF ITEMS
Roof Replacement,Nine Buildings/Pkg V09,Two Locations $
The undersigned agrees to complete the Work within 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-residents principal place of business is located. The appropriate blanks in Section A must be filled out by
all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident
bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in
Section B.
A. LI Non-resident vendors in (give state),our principal place of
business,are required to be percent lower than resident bidders by state
law.
LI Non-resident vendors in (give state),are not required to
B. Vu erbid resident bidders.
Our principal place of business or corporate offices are in the State of
Texas.
P-1
Within ten(10)days of receipt of notice of acceptance of this bid,the successful bidder will execute the formal
contract and will deliver an approved Surety Bond for the faithful performance of this contact. The attached
deposit check in the sum of Dollars($_1 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):Waived
Respectfully submitted,
Company Name
By: rr
Signature
/oNl� />tfJc✓r✓ �Gjy'L�
Printed Name of Pdn ' I Title
Address: 2 .305
Street
,7- �ya `Z TQ"c 741ir
City zip
Phone: ,7r) - sy5�.
Fax: y 2a
Receipt is acknowledged of the following addenda:
Addendum No. 1:
Addendum No.2:
P-2
City of Fort Worth, Texas
Transportation/Public Works Department
Building Services Division/Architectural Services Section
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
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
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
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
that have well recognized technical or trade meanings are indicated on the drawings and not specified of vice-versa,
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 and/or Specifications into Divisions, Sections, are in conflict or conflict with the specifications the better
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
such Interpretations of the Plans and Specifications as may job conditions may not allow installation in the exact location
GC- 1 of 23
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1
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-12 AGE 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
pa 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
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,Transportation for payment amounts.
and Public Works or his designated Project Manager. The
Director, Transportation will designate a Project Manager B-6 INTERPRETATIONS. The Architect will be,in the
and Construction Manager to administer this contract and first instance,the interpreter of the requirements of the Plans
perform the functions of the "Architect" as indicated in the and Specifications and the judge of the performance
General Conditions. The design architect or engineer may thereunder by the Contractor,subject to the final decision of
also be designated to perform the duties of"Architect". the Owner.
B-2 TERMINATION AND SUSPENSION OF WORK: The Architect's decisions in matters relating to artistic effect
The Owner has the right to terminate the Project for any will be final if consistent with the intent of the Contract
reason. If the project is terminated,the Contractor shall: Documents.
a) Stop work under the Contract on the date and to B-7 AUTHORITY TO STOP WORK. The Architect will
the extent specified on the notice of termination. have authority to reject work that does not conform to the
Plans and Specifications. In addition, whenever, in its
reasonable opinion, the Architect considers it necessary or
advisable in order to insure the proper realization of the
GC-2 of 23
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intent of the Plans and Specifications,the Architect will have reasonable and shall furnish information under its control
authority to require the Contractor to stop the Work or any with reasonable promptness at the request of the Contractor.
portion thereof, or to require special inspection or testing of
the Work whether or not such Work be then fabricated, C-3 INSTRUCTIONS. The Owner shall issue all
installed or completed. instructions to the Contractor through the Architect.
B-8 MISCELLANEOUS DUTIES OF ARCHITECT. C-4 ACCESS TO JOB SITE. The Owner shall at all
times have access to the Work whenever it is in preparation
Shop Drawings. The Architect will review Shop Drawings and progress. The Contractor shall provide facilities for such
and Samples as provided in Section D. Two copies of each access so the Owner may perform its assigned functions
,rp approved Shop Drawing and submittal will be provided to the under the Contract Documents.
Owner by the Architect.
C-5 PROGRESS INSPECTIONS. The Owner and the
Chance Orders, Change Orders and Field Orders for Minor Architect will make visits to the Site to familiarize themselves
Changes in the Work will be issued by the Owner through with the progress and quality of the Work and to determine if
the Architect in accordance with the provisions of Section L. the work is proceeding in accordance with the Contract
documents. On the basis of on-site observations and
Guarantees. The Architect will receive on behalf of the reports provided by the Architect concerning the progress
Owner all written guarantees and related documents and quality of the work, the Owner will approve and
required of the Contractor. Upon completion of the project authorize the Contractor's applications for payments.
the Contractor shall provide the Architect five copies of each
guarantee. The Architect will provide three copies of each C-6 AUTHORITY TO STOP WORK. The Owner will
guarantee to the Owner. have authority to reflect work that does not conform to the
Plans and Specifications. Whenever, in its reasonable
Inspections The Architect will conduct inspections for the opinion, the Owner considers it necessary or advisable in
purpose of determining and making his recommendations order to insure the proper realization of the intent of the
concerning the dates of substantial completion and final Plans and Specifications, the Owner will have authority to
completion. require the Contractor to stop the work or any portion
thereof,or to require the Contractor to stop the Work or any
Operation and Maintenance Manuals The Architect will portion thereof, or to require special inspection or testing of
receive on behalf of the Owner, six copies of all applicable the Work whether or not such Work be then fabricated,
equipment installation, operation, and maintenance installed or completed.
brochures and manuals required of the Contractor. The
Architect will provide three copies of this information to the C-7 SUBSTANTIAL COMPLETION INSPECTION.
Owner. Upon agreement of the Contractor and Architect that the
Work is substantially complete, the Owner will schedule a
B-9 TERMINATION OF THE ARCHITECT. In case of Substantial Completion Inspection to be conducted by the
the termination of the employment of the Architect by the Architect and attended by representatives of the Architect,
Owner, the Owner shall either assume the duties of the Owner and Contractor.Items identified during this inspection
Architect through the Director of the Department of as being incomplete, defective or deficient shall be
Transportation and Public Works, or shall appoint a incorporated into a punch list to be prepared by the Architect
+" successor Architect against whom the Contractor makes no and attached to the AIA document G704, which is to be
reasonable objection. prepared and signed by the Contractor, and accepted,
approved and signed by the Owner.
SECTION C
OWNER C-8 RIGHT TO AUDIT:
C-1 IDENTIFICATION. By the term Owner is meant Contractor agrees that the City shall, until the expiration of
the City of Fort Worth acting herein by its duly authorized three years after final payment under this contract, have
representatives in the manner provided by law. Authorized access to and the right to examine any directly pertinent
representatives include the City Manager, Assistant City books, documents, papers and records of the contractor
Manager, the Director and of Transportation and Public involving transactions relating to this contract.
Works Department and members of the Building Services
Division. Generally speaking a designated representative Contractor further agrees to include in all his subcontracts
will be identified from within the Building Services Division to hereunder a provision to the effect that the subcontractor
act as a point of contact for day to day contract agrees that the City shall, until the expiration of three years
administration. after final payment under the subcontract, have access to
and the right to examine any directly pertinent books,
C-2 DUTIES OF THE OWNER. The Owner shall documents, papers and records of such subcontractor,
furnish surveys describing the physical characteristics, legal involving transactions to the subcontract. The term
limits and utility locations for the site of the Work; provided, "subcontract"as used herein includes purchase orders.
however, that the Contractor hereby covenants that he has
inspected the premises and familiarized himself therewith Contractor agrees to photocopy such documents as may be
and that the locations of utilities and other obstacles to the requested by the city. The city agrees to reimburse
prosecution of the Work as shown on the Owner's survey Contractor for the costs of copies at the rate published in the
are for information only, are not binding upon the Owner, Texas Administrative Code.
and the Owner shall not incur any liability for loss or damage
by virtue of any inaccuracies or deficiencies in such surveys.
The Owner shall secure and pay for title to the site and all SECTION D
necessary permanent or construction easements. The CONTRACTOR
Owner will cooperate with the Contractor in the prosecution
of the Work in such manner and to such extent as may be D-1 IDENTIFICATION. The Contractor is the person
or organization identified as such in the Contract.The term
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Contractor means the Contractor or his authorized may be considered defective. If required by the Architect or
representative. the Owner,the Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment.
D-2 INDEPENDENT CONTRACTOR Contractor shall
perform all work and services hereunder as an independent The warranty provided in this Section shall be in addition to
contractor,not as an officer,agent,or employee of the City. and not in limitation of any other warranty or remedy
A" Contractor shall have exclusive control of and the exclusive provided by law or the Contract Documents.
right to control the details of the work and services
performed hereunder,and all persons performing same,and D-9 TAXES. The Contractor is exempt from State
Contractor shall be solely responsible for the acts and Sales Tax on material incorporated into the finished
omissions of its officers, agents,and employees. Nothing construction,Excise and Use Tax.
herein shall be construed as creating a partnership or joint
enterprise between City and the Contractor, its officers, D-10 LICENSES, NOTICES AND FEES. The
agents and employees, and the doctrine of respondeat Contractor shall obtain all Permits, Licenses, Certificates,
superior shall not apply. and Inspections, whether permanent or temporary, required
by law or these Contract Documents.
D-3 SUBLETTING It is further agreed that the
performance of this Contract,either in whole or in part,shall The Contractor shall give all Notices and comply with all
not be sublet or assigned to anyone else by said Contractor Laws, Ordinances, Rules, Regulations and Orders of any
without the written consent of the Director of Transportation public authority bearing on the performance of the Work. If
and Public Works of the City of Fort Worth. the Contractor observes or becomes aware that bearing on
the performance of the Work. If the Contractor observes or
D-4 REVIEW OF CONTRACT DOCUMENTS. The becomes aware that any of the Contract Documents are at
qi. Contractor shall carefully study and compare the Agreement, variance therewith in any respect, he shall promptly notify
Conditions of the Contract, Drawings, Specifications, the Architect in writing and any necessary changes will be
Addenda and modifications and shall at once report to the made.If the Contractor performs any Work knowing that it is
Owner and to the Architect any error, inconsistency or in violation of, or contrary to, any of such Laws, Statutes,
omission he may discover.The Contractor shall do no work Charter, Ordinances, Orders or Directives, or Regulations
without Drawings,Specifications and Interpretations. without furnishing Notice to the Architect, the Contractor will
assume full responsibility therefor and bear all costs
D-5 SUPERVISION. The Contractor shalt supervise attributable thereto.
and direct the Work, using his best skill and attention. He
shall be solely responsible for all construction means, 13-11 CASH ALLOWANCES. The Contractor shall
methods, techniques, sequences and procedures and for include in the Contract Sum all allowances stated in the
coordinating all portions of the Work under the Contract Contract Documents.These allowances shall cover the net
Documents. cost of the materials and equipment delivered and unloaded
at the site, and all applicable taxes. The Contractors
D-6 LABOR AND MATERIALS. Unless otherwise handling costs on the site,labor,installation costs,overhead,
specifically noted,the Contractor shall provide and pay for all profit and other expenses contemplated for the original
labor, materials, equipment, tools, construction equipment allowance shall be included in the Contractor Sum and not in
and machinery,water,heat,utilities,transportation and other the allowance.The Contractor shall cause the Work covered
s facilities and services necessary for the proper execution by these allowances to be performed for such amounts and
and completion of the Work. by such persons as the Architect may direct, but he will not
be required to employ persons against whom he makes a
The successful low bidder will use its reasonable best efforts reasonable objection. If the cost, when determined, is more
to hire local laborers, workmen and materialmen. The than or less than the allowance, the Contract Sum shall be
general condition is not to be constructed as limiting the right adjusted accordingly by Change Order which will include
of any bidder to employee laborers,workmen or materialmen additional handling costs on the site,labor,installation costs,
from outside local area. field overhead, profit and other direct expenses resulting to
the Contractor from any increase over the original allowance.
The Contractor shall at all times enforce strict discipline and
good order among his employees, and shall not employ on D-12 SUPERINTENDENT. The Contractor shall
the Work any unfit person or anyone not skilled in the task employ a competent superintendent and necessary
assigned to him. assistants who shall be in attendance at the Project site
s during the progress of the Work.The superintendent shall be
D-7 PREVAILING WAGE RATE. The Contractor satisfactory to the Contractor and the Owner. The
agrees to pay not less than the general prevailing rate of per superintendent shall represent the Contractor and all
diem wages for Work of a similar character in the locality in communications given to the superintendent shall be binding
which the Work is performed,and not less than the general as if given to the Contractor. Important communications will
prevailing wage of per diem wages for a legal holiday and be confirmed in writing. Other communications will be so
overtime work to all laborers, workmen and mechanics confirmed on written request in each case.
employed on the Work under this Contract. The Contractor
agrees to pay at least the minimum wage per hour for all D-13 RESPONSIBILITIES FOR EMPLOYEES AND
labor as the same is classified and set out by the City of Fort SUB-CONTRACTORS. The Contractor shall be responsible
Worth,Texas,a copy of which is attached hereto and made to the Owner for the acts and omissions of all his employees
a part hereof the same as if it were copies verbatim herein. and all Sub-contractors,their agents and employees,and all
other persons performing any of the Work under a contract
D-S WARRANTY. The Contractor warrants to the with the Contractor.
Owner and the Architect that all materials and equipment
furnished under this Contract will be new unless otherwise D-14 FAILURE TO COMMENCE WORK: Should the
specified,and that all work will be of good quality,free from Contractor fail to begin the work herein provided for within
faults and defects, and in conformance with the Contract the time herein fixed or to carry on and complete the same
Documents. All work not so conforming to these standards according to the true meaning of the intent and terms of said
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Plans, Specifications and Contract Documents, then the The Architect will review and approve Shop Drawings and
Owner shall have the right to either demand the surety to Samples with reasonable promptness so as to cause no
take over the work and complete same in accordance with delay, but only for conformance with the design concept of
the Contract Documents or to take charge of and complete the Project and with the information given in the Contract
the work in such a manner as it may deem proper,and if,in Documents.The Architect's approval of a separate item shall
the completion thereof, the cost to the said City shall not indicate approval of an assembly in which the item
01110 exceed the contract price or prices set forth in the said plans functions.
and specifications made a part hereof,the Contractor and/or
its Surety shall pay said City on demand in writing, setting The Contractor shall make any corrections required by the
forth and specifying an itemized statement of the total cost Architect and shall resubmit the required number of
.r thereof,said excess cost. corrected copies of Shop Drawings or new Samples until
approved. The Contractor shall direct specific attention in
D-15 PROGRESS SCHEDULE. The Contractor, writing or on resubmitted Shop Drawings to revisions other
immediately after being awarded the contract, shall prepare than the corrections requested by the Architect on previous
PM and submit for the Architect's approval, an estimated submissions.
progress schedule for the Work.The progress schedule shall
be related to the entire Project.This schedule shall indicate The Architect's approval of Shop Drawings or Samples shall
the dates for the starting and completion of the various not relieve the Contractor of responsibility for any deviation
states of construction and shall be revised as required by the from the requirements of the Contract Documents unless the
P" conditions of the Work,subject to the Architect's approval. It Contractor has informed the Architect in writing of such
shall also indicate the dates for submission and approval of deviation at the time of submission and the Architect has
shop drawings and submittals as well as the delivery given written approval to the specific deviation. Architect's
schedule for major pieces of equipment and/or materials. approval shall not relieve the Contractor from responsibility
In for errors or omissions in the Shop Drawings or Samples.
The progress schedule shall be updated at least monthly by
the contractor and submitted to the Architect for approval No portion of the Work requiring a Shop Drawing or Sample
with the Contractor's monthly progress payment requests. submission shall be commenced until the Architect has
ob approved the submittal. All such portions of the Work shall
D-16 DRAWINGS AND SPECIFICATIONS AT THE be in accordance with approved Shop Drawings and
SITE. The Contractor shall maintain at the site for the Samples.
Owner one copy of all Drawings, Specifications, Addenda,
approved Shop Drawings, Change Orders, and other D-18 SITE USE. The Contractor shall confine
Changes and Amendments in good order and marked to operations at the site to areas permitted by law,ordinances,
record all changes made during construction. These shall permits and the Contract Documents and shall not
also be available to the Architect The Drawings,marked to unreasonably encumber the site with any materials or
record all changes made during construction, shall be equipment.Until acceptance of the work by the City Council
delivered to the Architect upon completion of the Work, and of the City of Fort Worth,the entire site of the Work shall be
the Architect will prepare, and provide to the Owner, one under the exclusive control, care and responsibility of the
complete set of reproducible record drawings of the work. Contractor. Contractor shall take every precaution against
injury or damage to persons or property by the action of the
DA SHOP DRAWINGS AND SAMPLES. Shop elements or from any other cause whatsoever. The
Drawings are drawings, diagrams, illustrations, schedules, Contractor shall rebuild,repair,restore and make good at his
performance charts, brochures and other data which are own expenses all injuries or damages to any portions of the
prepared by the Contractor or any Subcontractor, Work occasioned by any of the above, caused before
manufacturer, supplier or distributor, and which illustrate acceptance.
some portion of the Work.
D-19 SAFE WORK PRACTICES. The Contractor shall
Samples are physical examples furnished by the Contractor employ safe practices in handling materials and equipment
to illustrate materials, equipment or workmanship, and to used in performing required work so as to insure the safety
establish standards by which the Work will be judged. of his workmen, City employees and the public. The
Contractor shall keep the premise free at all times from
The Contractor shall review, stamp with his approval and accumulation of waste materials or rubbish. At the
submit,with reasonable promptness and in orderly sequence completion of the work, the Contractor shall remove all his
so as to cause no delay in the Work or in the work of any wastes and rubbish from and about the work area,as well as
other contractor,normally within the first 90 days of the work, his tools, equipment and surplus materials and shall leave
six copies of all shop Drawings and Samples required by the the area as clean and free of spot,stains,etc.,as before the
Contract Documents or subsequently by the Architect as work was undertaken.
covered by changes or amendments. Shop Drawings and
�. Samples shall be properly identified as specified, or as the D-20 FIELD OFFICES AND SHEDS The Contractor is
Architect may require. At the time of submission the not required to provide a temporary field office or telephone
Contractor shall inform the Architect in writing of any for projects under $500,000. Contractor shall equip the
deviation in the Shop Drawings or Samples from the Project Superintendent with a pager and provide 24-hour
JIM requirements of the Contract Documents. contacts to the City.
By approving and submitting Shop Drawings and Samples, D-21 TRENCH SAFETY The Contractor shall be
the Contractor thereby represents that he has determined responsible for all design and implementation of trench
and verified all field measurements, field construction shoring and stabilization to meet regulatory requirements. If
: criteria, materials, catalog numbers and similar data, and the Proposal requires,the Contractor shall include a per unit
that he has checked and coordinated each shop drawing cost for trench safety measures in his bid. If not included in
given in the Contract Documents.The Architect's approval of the Proposal, the Contractor shall include a cost for trench
a separate item shall not indicate approval of an assembly in safety measures for all trenches over 5 feet in depth in his
3 which the item functions. Schedule of Values.
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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 2. require that such Work be performed in accordance
fixtures and wash all concrete,tile and terrazzo floors. 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 rote, the Contractor is a party, in reasonable time to enable the
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;
00 E-1 DEFINITION. A Subcontractor is a person or 5, waive all rights the contracting
organization who has a direct contract with the Contractor tog parties may have
against one another for damages caused by fire or
perform any of the Work at the site.The term Subcontractor
is referred to throughout the Contract Documents as if other perils covered the property insurance, except
s
singular in number and masculine in gender and means a such rights, if any, they may have to proceeds of
b
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 (MIWBE). Should the base bid be less than
FIN designated in the bidding requirements, or if none is so $25,000,the requirements of this section do not apply.
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
R' 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,M/WBE GOALS WAIVER
If,prior to the award of the Contract, the Owner or Architect FORM and GOOD FAITH EFFORT FORM, as applicable,
has an objective to any person or organization on such list, must be submitted within five city business days after bid
and refuses to accept such person or organization, the opening. Failure to submit the post bid information shall
apparent low bidder may,prior to the award,withdraw his bid render the bid non-responsive.
without forfeiture of bid security. If such bidder submits an
acceptable substitute, the Owner may, at its discretion, The City will consider the contractor's performance on other
accept the bid or he may disqualify the bid. If, after the City Projects regarding its M/WBE program in the evaluation
award, the Owner or Architect objects in writing to any of bids.Failure to comply with the City's M/WBE program,or
person or organization on such list, the Contractor shall to demonstrate a "good faith effortshall result in a bid
provide an acceptable substitute. being considered irresponsible.
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Upon request, Contractor must provide the City with
complete and accurate information regarding actual work Other reasons at the discretion of the MfWBE Coordinator
performed by a Minority or Women Business' Enterprise
(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 files in it's possession documentation to reflect final participation of each M/WBE
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 M/WBE
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 M/WBE 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 its M/WBE 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
PP 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 M/WBE 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 M/WBE 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
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expense, and if any judgment against the Owner arises Water and sewer access fees will be paid by the City. Any
therefrom,the Contractor shall pay or satisfy such judgment other permit fees are the responsibility of the Contractor.
and shall reimburse the Owner for all attorney's fees, court
costs and expenses which the Owner has incurred in G-5 INDEMNIFICATION: Contractor covenants and
connection with such suit. agrees to indemnify City's engineer and architect, and their
personnel at the project site for Contractor's sole negligence.
r F-3 CUTTING AND PATCHING UNDER SEPARATE In addition, Contractor covenants and agrees to indemnify,
CONTRACTS. 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
s, of the Architect. such injun& 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 ofrcers. servants, or employees. Contractor likewise
bome 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 dean 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 iniad or damage is
Director of the Department of Transportation and Public caused In whole or in part by the neWlgence or alleged
Works shall determine to be just. negligence of 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 govem 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.
FF G-6 SUCCESSORS AND ASSIGNS. Except as
G-2 GOVERNING 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 $25,000. 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
,R 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.
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i
Bonds shall be made on the forms furnished by or otherwise otherwise the Owner shall bear such costs, and an
acceptable to the City. Each bond shall be properly appropriate Change Order shall be issued.
executed by both the Contractor and the Surety Company.
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 570], 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.
Pit 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 defend 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
81111 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 cant' 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
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G-15 EXISTING OVERHEAD OR UNDERGROUND approval. He shall remove and relocate such items at his
WORK. The Contractor shall carefully check the site where own expense if so directed by the Architect.Where possible
the project is to be erected and observe any existing uniform margins are to be maintained between parallel lines
overhead wires and equipment. Any such work shall be and or adjacent wall,floor or ceiling surfaces.
moved, replaced or protected, as required, whether or no
shown or specified at the contractor's sole expense. G-20 OVERLOADING. The Contractor shall be
responsible for loading of any part or parts of structures
Attention is directed to the possible existence of pipe and beyond their safe carrying capacities by placing of materials,
other underground improvements that may or may not be equipment, tools, machinery or any other item thereon. No
shown on the Drawings.All reasonable precautions shall be loads shall be placed on floors or roofs before they have
taken to preserve and protect any such improvements attained their permanent and safe strength.
whether or not shown on the Drawings.
G-21 MANUFACTURER'S INSTRUCTIONS. Where it
Location of existing underground lines,shown the Drawings is required in the Specifications that materials, products,
are based on the best available sources, but are to be processes, equipment, or the like be installed or applied in
PF regarded as approximate only. Exercise extreme care in accordance with manufacturer's instructions, direction or
locating and identifying these lines before excavation in specifications,or words to this effect, it shall be construed to
adjacent areas. mean that said application or installation shall be in strict
accordance with printed instructions furnished by the
'R G-16 ALIGNMENT OF JOINTS IN FINISH manufacturer of the material concerned for use under
MATERIALS. It shall be the responsibility of the Contractor conditions similar or those at the job site. Six copies of such
to make certain in the installation of jointed floor, wall and instructions shall be furnished to the Architect and his
ceiling materials that: approval thereof obtained before work is begun.
1. preserve and protect the rights of the Owner and the G-22 CLEANING UP. The Contractor shall keep the
Architect under the Contract with respect to the Work to premises free from accumulation of waste material or
be performed under the subcontract so that the rubbish caused by employees or as a result of the work.
subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks in the At completion of work, the General Contractor shall,
structure and be symmetrically placed wherever immediately prior to final inspection of complete building,
possible. This includes heating registers, light fixtures, execute the following final cleaning work with trained
equipment,etc. janitorial personnel and with material methods
.� recommended by the manufactures of installed materials.
If because of the non-related sizes of the various materials
and locations of openings, etc., it is not possible to 1. Sweep and buff resilient floors and base, and vacuum
accomplish the above, the Contractor shall request the carpeting.
Architect to determine the most satisfactory arrangement. 2 Dust all metal and wood trim and similar finished
The Contractor shall establish centerlines for all trades.
materials.
G-17 INTEGRATING EXISTING WORK. The
Contractor shall protect all existing street and other 3. Clean all cabinets and casework.
improvements from damages.
4. Dust all ceilings and walls.
Contractor's operations shall be confined to the immediate
vicinity of the new work and shall not in any interfere with or 5. Dust,and if necessary wash,all plumbing and electrical
obstruct the ingress or egress to an from existing adjacent fixtures.
facilities.
6. Wash all glass and similar non-resilient materials.
Where new site work is to be connected to existing work, 7 All hardware and other unpainted metals shall be
special care shall be exercised by the Contractor not to
disturb or damage the existing work more than necessary. cleaned and polished and all equipment and paint or
Ail damaged work shall be replaced, repaired and restored decorated work shall cleaned and touched-up if
to its original condition at no cost to the Owner. necessary, and all temporary labels, tags, and paper
coverings removed throughout the buildings. Surfaces
G-18. HAZARDOUS MATERIAL CERTIFICATION: It is that are waxed shall be polished.
the intent of the contract documents, whether expressly
stated or not, that nothing containing hazardous materials, 8• The exterior of the building, the grounds, approaches,
such as asbestos, shall be incorporated in to the project. equipment, sidewalks, streets, etc. shall be cleaned
+� similar to interior of buildings and left in good order at
The contractor shall exercise every reasonable precaution to
the time of final acceptance. All paint surfaces shall be
ensure that asbestos-containing materials are not
dean and unbroken, hardware shall be clean and
incorporated into any portion of the project, including
advising all materials suppliers and subcontractors of this polished, all required repair work shall completed
requirement. The contractor shall verify that components and dirt areas shall be scraped and cleared of weed
containing lead do not contact the potable water supply. growth.
G-19 LOCATION OF EQUIPMENT AND PIPING. 9. Clean all glass surfaces and mirrors of putty, paint
Drawing showing location of equipment, piping, ductwork, materials, etc., without scratching or injuring the glass
and leave the work bright, clean and polished. Cost of
etc. are diagrammatic and job conditions may not always this cleaning work shall be borne by Contractor.
permit their installation in the location shown. When this
situation occurs, it shall be brought to the Architect's
attention immediately and the relocation determined in a joint 10. operation polishing, scaling,waxing and all other finish
conference. The Contractor will be held responsible for the operations indicated on the Drawings or required in the
relocating of any items without first obtaining the Architect's Specifications shall be taken to indicate the required
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condition at the time of acceptance of all work under the control, fan, electrical panels, service entrance
Contract. equipment and light fixtures.
11. Burning:Burning of rubbish on the premises will not be 4) Manufacturer's name, type, color designation for
permitted. resilient floors, windows, doors, concrete block, paint,
roofing,other materials.
G-23 DUST CONTROL. Precaution shall be exercised
at all times to control dust created as a result of any Submit six copies of Maintenance Manual, prior to request
operations during the construction period. If serious for final payment.
problems or complaints arise due to air-bome dust,or when
directed by the Architect,operations causing such problems Operational Inspection and Maintenance Instruction: The
shall be temporarily discontinued and necessary steps taken Contractor shall provide at his expense, competent
to control the dust. manufacturer's representatives to completely check out all
mechanical and electrical systems and items covered by the
G-24 FIRE PROTECTION. The contractor shall at all Drawings and Specifications. This requirement shall be
times maintain good housekeeping practices to reduce the scheduled just prior to and during the initial start up.After all
risk of fire damage or injury to workmen.All scrap materials, systems are functioning properly the representatives shall
rubbish and trash shall be removed daily from in and about instruct maintenance personnel of the Owner in the proper
the building and shall not be permitted to be scattered on operation and maintenance of each item.
adjacent property.
G-27 GUARANTEE AND EXTENDED GUARANTEE.
Suitable storage space shall be provided outside the Upon completion of the Project, prior to final payment,
immediate building area for storing flammable materials and guarantees required by technical divisions of Specifications
paints; no storage will be permitted in the building. Excess shall be property executed in quadruplicate by
flammable liquids being used inside the building shall be subcontractors and submitted through the Contractor to
kept in closed metal container and removed from the Architect.Delivery of guarantees shall not relieve Contractor
building during unused periods. from any obligation assumed under Contract.
A fire extinguisher shall be available at each location where The Contractor shall guarantee the entire Project for one
cutting or welding is being performed.Where electric or gas year. In addition, where separate guarantees, for certain
welding or cutting work is done, interposed shields of portions of work,are for longer periods,General Contractor's
incombustible material shall be used to protect against fire guarantee shall be extended to cover such longer periods.
damage due to sparks and hot metal. When temporary Manufacturer's extended warrantees shall be included in this
heating devices are used, a watchman shall be present to contract.
cover periods when other workmen are not on the premises.
Guarantees shall become valid and operative. and
The Contractor shall provide fire extinguishers in accordance commence upon issuance of Certificate of Inspection and
with the recommendations and NFPA Bulletins Nos. 10 and Acceptance by Owner. Guarantees shall not apply to work
241. However, in all cases a minimum of two fire where damage is result of abuse, neglect by Owner or his
extinguishers shall be available for each floor of successor(s)in interest.
construction.
** The Contractor agrees to warrant his work and materials
G-25 CUTTING AND PATCHING Wherever cutting and provided in accordance with this contract and the terms of
removal of portions of the existing work is indicated, such the Technical Specifications contained herein. Unless
work shall be neatly sawed or cut by contractor in a manner supplemented by the Technical Specifications or the
_ that will produce a neat straight line, parallel to adjacent manufacturers normal extended warrantees, the Contractor
surfaces or plumb for vertical surfaces. Care should be shall warrant all work materials, and equipment against
exercised not to damage any work that is to remain. defects for a period of one year from the date of final
acceptance. The Contractor further agrees to bear all costs
At no time shall any structural members be cut without of making good all work that is found to be defective or not
written consent from the Architect. provided in accordance with the Contract Documents.
Additionally if the facility or contents are damaged due to
G-26 PROJECT CLOSEOUT. defective materials or workmanship of the Contractor, the
Contractor further agrees to bear all cost of repairing and/or
Final Inspection, Record Drawinos: Attention is called to replacing damaged items and components to bring such
General Conditions Section i entitled, 'Payments and items back to at least their original condition.
Completion."
G-28 Y2K COMPLIANCE REQUIREMENTS The
Maintenance Manual:Sheets shall be 8'/z x 11',except pull Contractor warrants that each hardware, software and
out sheets may be neatly folded to 8'/="x 11'.Manuals shall firmware product delivered for incorporation into the Work be
be bound in plastic covered, 3 ring, loose leaf binder with able to accurately process date/time data between the years
title of project lettered on front and shall contain: 1999 and 2000, including leap year calculations and as
described below:
f` 1) Name,address and trade of all sub-contractors. 1. Date/time data between the information
technology incorporated into the Work shall transfer
2) Complete maintenance instructions; name, address, accurately to and from information technology purchased
and telephone number of installing Contractor, separately from the Work but intended to be used in
manufacturer's local representative, for each piece of association with warranted products or systems.
operative equipment. 2. Where the contract documents require that
products must perform as a system with respect to date/time
3) Catalog data on plumbing fixtures, valves, water data transfer, the warranty described herein applies to the
heaters, heating and cooling equipment, temperature performance of the system rather than to individual products.
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3. The duration of this warranty and the remedies
available to the Owner for the breach of this warranty shall The date of commencement of the Work is the date
be as defined in and subject to, the terms and limitations of established in the Notice to Proceed. If there is no notice to
the Contractor's standard commercial warranty or proceed, it shall be the date of the Agreement or such other
warranties. date as may be established therein.
4. The remedies available to the Owner under this
warranty shall include repair or replacement of any product The Date of Substantial Completion of the Work or
or system whose noncompliance is discovered and made designated portion thereof is the Date certified by the
known to the Contractor,in writing,within one year following Architect with the approval of the Owner that construction is
the date of substantial completion. sufficiently complete, in accordance with the Contract
5. Nothing in the provisions of this warranty shall be Documents, so the Owner may occupy the Work or
construed to limit any rights or remedies the Owner may designated portion thereof for the use for which it is
have with respect to defects discovered in the Work not intended. Final acceptance of the completed work or any
related to compliance requirements of this section. portion thereof can be made only by the City Council of the
City of Fort Worth or its designated Assistant City Manager,
The contractor agrees to correct defective Work within a one and no other form of acceptance will be binding upon the
year period after Date of Substantial Completion, and Owner.
provide one year warranty for accurate transfer of date/time
data between the years 1999 and 2000 as described within A calendar day constitutes 24 hours of time and is any one
this section. of the seven days of a week,including Sunday,regardless of
whether a 'Working Day"or not,and regardless of weather
G-29 RECORD DRAWINGS. Upon completion of the conditions or any situation which might delay construction.
Work and prior to application for final payment, one print of An extension of contract time shall be in accordance with
each of the drawings accompanying this specification shall this Section. Extensions of time will be as recommended by
be neatly and clearly marked in red by the Contractor to the Architect with final approval by City of Fort Worth.
show variations between the construction actually provided
and that indicated or specified In the Contract Documents. A working day is defined as a calendar day, not including
The annotated documents shall be delivered to Architect. Saturdays,Sundays,and legal holidays,in which weather or
Where a choice of materials and/or methods is permitted other conditions not under the control of the Contractor
herein and where variations in the scope or character of the permit the performance of work for a continuous period of
work from the entire work indicated or specified are not less than seven hours between 7:00 a.m. and 6:00 p.m.
permitted either by award of bidding items specified for that However, nothing in these Contract Documents shall be
purpose, or by subsequent change to the drawings, the construed as prohibiting the Contractor from working on
record drawings shall define the construction actually Saturdays if he so desires.Should the Contractor choose to
provided. The representation of such variations shall work on Saturdays, one day will be charged as contract-
conform to standard drafting practice and shall include working time when weather or other conditions permit seven
supplementary notes, legends and details which may be hours of work as delineated above. Legal holidays are
necessary for legibility and clear portrayal of the actual defined as being New Year's Day,Independence Day,Labor
construction.The record drawings shall indicate,in addition, Day,Thanksgiving Day, Christmas Day, Memorial Day, and
the actual location of all sub-surface utility lines, average Veteran's Day.
depth below the surface and other appurtenances.
H-2 PROGRESS AND COMPLETION. All the time
G-30 CONSTRUCTION FENCE. At the Contractor's limits stated in the Contract Documents are of essence to
option, he may provide a substantial chain-link construction the Contract.
fence around all or a part of the site. The fences and gates
must be maintained throughout the construction period. The Contractor shall begin the Work on the date of
Remove the fences and gates upon completion of the commencement as defined in this Section.He shall carry the
Project and restore the site to the required original or Work forward expeditiously with adequate forces and shall
contract condition. complete it within the Contact Time.
G-31 PRODUCT DELIVERY. STORAGE. HANDLING. H-3 DELAYS AND EXTENSIONS OF TIME. If the
The Contractor shall handle,store and protect materials and Contractor is delayed at any time in the progress of the Work
products, including fabricated components, by methods and by any act or neglect of the Owner or the Architect,or by any
means which will prevent damage, deterioration and loss, employee of the Owner, or by any separate contractor
including theft (and resulting delays), thereby ensuring employed by the Owner, or by any separate contractor
highest quality results as the work progresses. Control employed by the Owner,or by changes ordered in the Work,
delivery schedules so as to minimize unnecessary long-term or by tabor disputes, fire, unusual delay in transportation,
storage at project site prior to installation. unavoidable casualties or any causes beyond the
Contractor's control, or by any cause which the Architect
G-32 REMOVAL OF SALVAGED MATERIAL. The determines may justify the delay,then the contract time may
Contractor shall remove salvaged material and equipment be extended by Change Order for such reasonable time as
from the Project site and dispose of it in accordance with the recommended by the Architect and approved by the Owner.
law. Equipment or material identified in the Specifications or When the Contractor is delayed due to abnormal weather
Plans for Owner salvage shall be carefully removed and conditions, the weather table provided as WT-1 in these
fl delivered to the Owner at any location in within the City limits Contract Documents shall be used as the basis for providing
as directed by the City. a fair and equitable adjustment of the contract time.
•- SECTION H All claims for extension of time shall be made in writing to
CONTRACT TIME the Architect no more than fifteen days after the occurrence
of the delay;otherwise they shall be waived.
H-1 DEFINITIONS. The Contract Time is the period of
time allotted in the Contract Documents for completion of the If no schedule or agreement is made stating the dates upon
Work, which written interpretations shall be furnished, then no
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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
so 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 6703,
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
on 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 1 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
I-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 Transportation and Public Works. 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
I-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$400,000, 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
Pin 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
protect the Owner's interest including applicable insurance final acceptance of the Work unless a longer period is
and transportation to the site. specified.
The Contractor warrants and guarantees that titre to all 1-6 PAYMENTS WITHHELD. The Architect may
Work, materials and equipment covered by an Application decline to approve an Application for Payment and may
for Payment,whether incorporated in the Project or not,will withhold his Certificate in whole or in part if in his opinion he
I� pass to the Owner upon the receipt of such payment by the is unable to make the representations to the Owner as
Contractor, free and clear of all liens, claims, security provided in this Section. The Architect may also decline to
interests or encumbrances hereinafter referred to as"liens"; approve any Applications for Payment or, because of
and that no Work, materials or equipment covered by an subsequently discovered evidence or subsequent
Application for Payment will have been acquired by the inspections, may nullify the whole or any part of any
Contractor,or by any other persons performing the Work at Certificate for Payment previously issued to such extent as
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may be necessary in his opinion to protect the Owner from Department contract work from a Contractor against whom a
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;
4) reasonable doubt that the Work can be completed for $15,000 less $45
to
$15,001 to $25,000 $63
the unpaid balance of the Contract Sum; $25,001 to $50,000 $105
5) damage to another contractor; $50,001 to $100,000 $154
$100,000 to $500,000 $210
6) reasonable indication that the Work will not be $500,001 to$1,000,000 $315
completed within the Contract Time;or $1,000,001 to$2,000,000 $420
7) Unsatisfactory prosecution of the Work by the $2,000,001 to$5,000,000 $630
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
1-7 UNRESOLVED CLAIMS: In the event a written or to pay to the Contractor 90%or 95%(as applicable)of the
claim for damages against the Contractor or its subcon- amount thereof within the period of time specified, then the
Contractor may, upon seven days additional written
tractors remains unsettled at the time all work on the project
has been completed to the satisfaction of the Director of the notice to the Owner and to the Architect,stop the Work until
Transportation and Public Works Department,as evidenced Payment of the amount owing has been received.
by a final inspection, final payment to the Contractor shall 1-10 SUBSTANTIAL COMPLETION AND FINAL
not be recommended by the Director of the Transportation PAYMENT Prior to the request for final payment, the
and Public Works Department for a period of 30 days after Contractor must meet all provisions for Project Closeout.
the 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
not alter the responsibility a the Contractor to complete all
OL expiration of the above 30-day period,the Contractor may be
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 substantially
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 approveCertificate of Substantial Completion establ(G704ish
which, when
00 arising out of the performance of such work, and such Substantial
by the Owner, shall establish the Date of
semi-final payment may then be recommended by the Substantial Completion,shall state the responsibilities of the
Director. Owner and the Contractor for maintenance, heat, utilities,
and insurance, and shall fix the time within which the
00 The Director shall not recommend final payment to a Contractor shall complete the items listed therein,said time
to be within the Contract time unless extended.
Contractor against whom such a claim for damages is
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
i 2in his opinion the Work has been completed in accordance
) Good faith efforts have been made to settle such out-
with 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
If condition (1)above is met at any time within the six month to the best of his knowledge, information and belief, and on
r period, the Director shall recommend that the final payment the basis of his observations and inspections,the Work has
to the Contractor be made. If condition (2) above is met at been completed in accordance with the terms and conditions
the Contract Documents and that the entire balance found
any time within the six-month period, the Director may to
recommend that the final payment to the Contractor be acceptance
due the Contractor is due and payable. Final
atance can be made by the City Council of the City of
made.At the expiration of the six-month period the Director Fort Worth or its designated representative, and no other
may recommend that final payment be made if all other work form of acceptance will be binding upon the Owner. Final
has been performed and all other obligations of the payment and release of the retainage amount will become
Contractor have been met to the satisfaction of the Director. due within fifteen days following approval of the City Council
The Director may, if he deems it appropriate, refuse to of the City of Fort Worth in accepting the work as complete.
accept bids on other Transportation and Public Works
GC- 14 of 23
10/11/99
ON
Neither the final payment nor the remaining retained
on 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
!W 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
r 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 cavy 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 Required. 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,
structures and utilities not designated for removal,
relocation or replacement in the course of construction. K-2 Workers'Compensation Insurance:
Until acceptance of the Work, it shall be under the charge 1) General
and care of the Contractor, and he shall take every a) Contractor's Worker's Compensation Insurance.
precaution against injury or damage to the Work by the Contractor agrees to provide to the Owner(City)a
action of the elements or from any other cause whatsoever, certificate showing that it has obtained a policy of
whether arising from the execution or from the non-execution workers compensation insurance covering each of
of the Work.The Contractor shall rebuild, repair,restore and its employees employed on the project in
make good, at his own expense, all injuries or damages to compliance with state law. No Notice to Proceed
.. any portion of the Work occasioned by any of the above, will be issued until the Contractor has complied
caused before its completion and acceptance. with this section.
GC- 15 of 23
10/11/99
r
b) Subcontractor's Worker's Compensation a) The contractor shall provide coverage, based on
Insurance. Contractor agrees to require each and proper reporting of classification codes and payroll
every subcontractor who will perform work on the amounts and filing of any coverage agreements,
project to provide to it a certificate from such which meets the statutory requirements of Texas
subcontractor stating that the subcontractor has a Labor Code, Section 401.011(44) for all
policy of workers compensation insurance employees of the contractor providing services of
covering each employee employed on the project. the project,for the duration of the project.
Contractor will not permit any subcontractor to b The Contractor must
perform work on the project until such certificate ) provide a certificate of
has been acquired. Contractor shall provide a coverage to the governmental entity prior to being
� copy of all such certificates to the Owner(City).
awarded the contract.
c) By signing this contract or providing or causing to c) If the coverage period shown on the contractor's
r be provided a certificate of coverage, the current certificate of coverage ends during the
contractor is representing to the City that all duration of the project,the contractor must,prior to
employees of the contractor who will provide the end of the coverage period, file a new
services on the project will be covered by worker's certificate of coverage with the City showing that
compensation coverage for the duration of the coverage has been extended.
project,that the coverage will be based on proper d) The contractor shall obtain from each person
reporting of classification codes and payroll providing services on a project, and provide to the
amounts,and that all coverage agreements will be City:
filed with the appropriate insurance carrier or, in
the case of a self-insured,with the Texas Worker's i) a certificate of coverage, prior to that person
Compensation Commission's Division of Self- beginning work on the project, so the
Insurance Regulation. Providing false or governmental entity will have on file
misleading information may subject the contractor certificates of coverage showing coverage for
to administrative penalties,criminal penalties,civil all persons providing services on the project;
penalties or other civil actions. and
d) The contractor's failure to comply with any of these ii) no later than seven days after receipt by the
provisions is a breach of contract by the contractor contractor, a new certificate of coverage
which entitles the City to declare the contract void showing extension of coverage, if the
if the contractor does not remedy the breach within coverage period shown on the current
ten days after receipt of notice of breach from the certificate of coverage ends during the
City. duration of the project.
2) Definitions: e) The contractor shall retain all required certificates
of coverage for the duration of the project and for
f a) Certificate of coverage("certificate"). A copy of a one year thereafter.
Fi certificate of insurance,a certificate of authority to
self-insure issued by the Texas Workers' f) The contractor shall notify the City in writing by
Compensation Commission, or a overage certified mail or personal delivery, within ten (10)
agreement (1WCC-81, TWCC-82, TWCC-83, or days after the contractor knew or should have
TWCC-84), showing statutory workers' known, of any change that materially affects the
compensation insurance overage for the person's provision of coverage of any person providing
or entity's employees providing services on a services on the project.
project,for the duration of the project g) The,contractor shall post on each project site a
b) Duration of the Project Includes the time from the notice, in the text,form and manner prescribed by
beginning of the work on the project until the the Texas Worker's Compensation Commission,
contractor's/person's work on the project has been informing all persons providing services on the
completed and accepted by the City. project that they are required to be covered, and
stating how a person may verify coverage and
c) Persons providing services on the project report lack of coverage.
("subcontractor" in section 406.096)-includes all
persons or entities performing all or part of the h) The contractor shalt contractually require each
services the contractor has undertaken to perform person with whom it contracts to provide services
on the project, regardless of whether that person on a project,to:
contracted directly with the contractor and i) provide coverage, based on proper reporting
regardless of whether that person has employees. on the classification codes and payroll
This includes, without limitation, independent
contractors, subcontractors, leasing companies, amounts and filing a any overage
motor carriers,owner-operators,employees of any agreements, which meets the statutory
such entity, or employees of any entity which requirements of Texas labor Code, Section
furnishes persons to provide services on the services
1(44)for all of its employees providing
s
project. "Services" include, without limitation, services on the project,for the duration of the
providing, hauling, or delivering equipment or project
materials, or providing labor, transportation, or ii) provide to the contractor,prior to that person
other services related to a project. "Services" beginning work on the project, a certificate of
does not include activities unrelated to the project, coverage showing that coverage is being
such as food/beverage vendors, office supply provided for all employees of the person
deliveries,and delivery of portable toilets. providing services on the project, for the
3) Requirements duration of the project;
iii) provide the contractor,prior to the end of the
coverage period, a new certificate of
GC- 16 of 23
10/11/99
ow
coverage showing extension of coverage, if K-3 LIABILITY INSURANCE. The Contractor shall
P, the coverage period shown on the current procure and maintain during he term of this Contract such
certificate of coverage ends during he Liability Insurance as shall protect him,he City of Fort Worth
duration of the project; and any Subcontractor performing work covered by his
Contract, from claims of damage which may arise from
iv) obtain from each other person with whom it operations under his Contract, including blasting, when
go contracts,and provide to he contractor: blasting is done on, or in connection with the Work of the
(1) a certificate of coverage, prior to the Project, whether such operations be by himself or by any
other person beginning work on the Subcontractor or by anyone directly or indirectly employed
project;and by either of them and the limits of such insurance shall be
,0 not less than the following:
(2) a new certificate of coverage showing
extension of coverage, prior to the end 1) Automobile Liability: $1,000,000 each accident, or
of the coverage period, if the coverage reasonably equivalent split limits for bodily injury and
period shown on the current certificate property damage. Coverage shall be on "any auto"
of coverage ends during the duration of including leased, hired, owned, non-owned and
the project; borrowed vehicles used in connection with this
Contract.
v) retain all required certificates of coverage on
file for the duration of the project and for one 2) Commercial General Liability: $1,000,000 each
year thereafter. occurrence. Coverage under the policy shall be as
comprehensive as that provided in a current Insurance
vi) notify the City in writing by certified mail or Services Office (ISO) policy form approved for use in
personal delivery, within ten (10) days after Texas and the policy shall have no exclusions by
the person knew or should have known, of endorsement unless such are approved by the City.
any change that materially affects the
3 Asbestos Abatement LiabilityInsurance: When the
services onn the project;and
provision coverage of any person providing Project specifically requires he removal of Asbestos
Containing Materials, the Contractor shall be required
vii) contractually require each person with whom to maintain Asbestos Abatement Liability Insurance as
it contracts, to perform as required by follows: $1,000,000 per occurrence; $2,000,000
paragraphs h-i) - vii), with the certificates of aggregate limit. The coverage shall include any
coverage to be provided to the person for pollution exposure, including environmental impairment
whom they are providing services. liability, associated with the services and operations
4) Posting of Required Workers Compensation Coverage. performed under his contract in addition to sudden and
accidental contamination or pollution liability for gradual
a) The contractor shall post a notice on each project emissions and clean-up costs.
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
and report failure to provide coverage.This notice Unless stated otherwise in the Proposal or Invitation, the
does not satisfy other posting requirements Contractor shall procure, pay for and maintain at all times
imposed by the Texas Worker's Compensation Act during the term of this Contract, Builder's Risk Insurance
or other Texas Worker's Compensation against the perils of fire,lightning,windstorm,hurricane,hail,
Commission rules. This notice must be printed riot, explosion, civic commotion, smoke, aircraft, land
with a title in at least 30 point bold type and text in vehicles,vandalism, and malicious mischief, at a limit equal
at least 19-point normal type,and shall be in both to 100%of he Contract Sum.
English and Spanish and any other language
common to the worker population. The text for the The policy shall include coverage for materials and supplies
notices shall be the following text, without any while in transit and while being stored on or off site. If
additional words or changes: specifically required in the Instructions to Bidders,the policy
shall include coverage for flood and earthquake. Different
"REQUIRED WORKER'S sub-limits for these coverages must be approved by the City.
COMPENSATION COVERAGE
The law requires that each person Consequential damage due to faulty workmanship and/or
working on this site or providing services design performed by the Contractor or his agents shall be
covered.
related to his construction project must
be covered by worker's compensation Upon completion of the Work,the Contractor shall notify the
insurance. This includes persons City of Fort Worth in writing before terminating this providing, hauling, or delivering insurance.
equipment or materials, or providing
labor or transportation or other service K-5 PROOF OF CARRIAGE OF INSURANCE. The
related to the project, regardless of the Contractor shall provide a certificate of insurance
identity of their employer or status as an documenting the Transportation and Public Works
employee". Department,City of Fort Worth as a"Certificate Holder",and
Call the Texas Worker's Compensation noting the specific project(s) covered by the Contractor's
Commission at 512440-3789 to receive insurance as documented on the certificate of insurance.
information on the legal requirement for More than one certificate may be required of the Contractor
coverage, to verify whether your depending upon the agents an/or insurers for the
employer has provided the required Contractor's insurance coverages specified for the project(s).
coverage, or to report an employer's
failure to provide coverage." K-6 OTHER INSURANCE RELATED
REQUIREMENTS.
GC- 17 of 23
10/11/99
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 Transportation and Public Works. A change order must be
strength and solvency are concerned. Any company wriften 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
arty• 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,
shall promptly proceed with the Work involved. The cost of
7) The Contractor shall provide certificates of insurance to 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
supporting data. Pending final determination of cost to the
8) The City of Fort Worth shall be entitled, upon request 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
rr! 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 Ci of Fort Worth shall not be responsible for requests a price proposal from the Contractor for a proposed
City P 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 the price quotation and if approval is recommended,forward
that would affect insurance coverages required herein 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
with Contractor to revise the proposal to a figure which is fair
11) "Other insurance" as referenced in any policy of and reasonable and forward it on to the Owner for approval.
insurance providing coverages required herein shall not 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
$3,000, the City Council must approve all such Change
SECTION L Orders which will exceed this limit. Normal processing time
CHANGES IN THE WORK for the City Staff to obtain City Council approval, once the
L-1 CHANGE ORDER. The Owner, without recommended change order has'been received at the City,
is approximately thirty (30) days . Owner, Architect and
�. invalidating the Contract, may order Changes in the Work Contractor shall endeavor to identify Change Order items as
within the general scope of the Contract consisting of early in the Construction process as possible to minimize
additions, deletions or other revisions, the Contract Sum their impact on the construction schedule.
and the Contract Time being adjusted accordingly. All Such
Changes in the Work shall be authorized by Change Order, If unit prices are stated in the Contract Documents or
and shall be executed under the applicable conditions of the subsequently agreed upon, and if the quantities originally
Contract Documents.
GC- 18 of 23
10/11/99
contemplated are so changed in a proposed Change Order be found that this condition was caused by a separate
that application of the agreed unit prices to the quantities of contractor employed by the Owner.
Work proposed will create a hardship on the Owner or the
Contractor, the applicable unit prices shall be equitably M-2 CORRECTION OF WORK. The Contractor shall
adjusted to prevent such hardship. promptly correct all work rejected by the Owner or Architect
as defective or as failing to conform to the Plans and
If the Contractor claims that additional cost or time is Specifications whether observed before or after Substantial
involved because of (1) any written interpretation issued Completion and whether or not fabricated, installed or
pursuant to Section A, (2) any order by the Architect or completed. The Contractor shall bear all costs of correcting
Owner to stop the Work pursuant to Section B, where the such rejected Work, including the cost of the Architects
Contract was not at fault,or(3)any written order for a minor additional service thereby made necessary.
change in the Work,the Contractor shall make such claim.
If,within one year after the Date of Substantial Completion
L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If or within such longer period of time as may be prescribed by
the Contractor wishes to make a claim for an increase in the law or by the terms of any applicable special guarantee
Contract Sum or an extension in the Contract Time, he shall required by the Contract Documents, any of the work is
give the Architect written notice thereof within a reasonable found to be defective or not in accordance with the Contract
time after the occurrence of the event that gave rise to such Documents, the Contractor shall correct it promptly after
claim. This notice shall be given by the Contractor before receipt of a written notice from the Owner to do so, unless
proceeding to execute the Work, except in an emergency the Owner has previously given the Contractor a written
endangering life or property in which case the Contractor acceptance of such condition, describing same specifically
shall proceed in accordance with Section J. No such claim and not generally. The Owner shall give such notice
shall be valid unless so made. Any change in the Contract promptly after discovery of the condition.
Sum or Contract Time resulting from such claim,if approved
by the Owner,shall be authorized by Change Order. All such defective or non-conforming work under the
preceding paragraphs shall be removed from the site where
L-3 OVERHEAD ALLOWANCES FOR CHANGES: necessary, and the work shall be corrected to comply with
Should any change in the work or extra work be ordered, the Contract Documents without cost to the Owner.
the following applicable percentage shall be added to
Material and Labor costs to cover overhead and profit: The Contractor shall bear the cost of making good all work of
separate contractors destroyed or damaged by such removal
1. Allowance to the Contractor for overhead and profit for or correction.
extra work performed by the Contractor's own forces shall
not exceed fifteen percent 115M. If the Contractor does not remove such defective or non-
conforming work within a reasonable time fixed by written
2. Allowance to the Contractor for overhead and profit for notice from the Architect or the Owner, the Owner may
extra work performed by a Subcontractor and supervised by remove it and may store the materials or equipment at the
ow the Contractor shall not exceed ten percent I!=. expense of the Contractor.If the Contractor does not pay the
cost of such removal and storage within ten days thereafter,
L-4 MINOR CHANGES IN THE WORK. The Architect the Owner may upon ten additional days'written notice sell
shall have authority to order minor changes in the Work not such work at auction or at private sale and shall account for
go involving an adjustment in the Contract Sum or an extension the net proceeds thereof, after deducting all the costs that
of the Contact Time and not inconsistent with the intent of should have been bome by the Contractor including
the Contract Documents. Such changes may be effected by compensation for additional architectural services. If such
Field Order or by other written order.Such changes shall be proceeds of sale do not cover all costs that the Contractor
r� confirmed in writing by the Architect and shall be binding on should have borne, the difference shall be charged to the
the Owner and the Contractor. Contractor and an appropriate Change Order shall be
issued.If the payments then or thereafter due the Contractor
L-5 FIELD ORDERS. The Architect may issue written are not sufficient to cover such amount,the Contractor shall
Field Orders which interpret the Contract Documents in pay the difference to the Owner.
accordance with Section A,or which order minor changes in
the Work in accordance with Section L without change in If the Contractor fails to correct such defective or non-
Contract Sum or Contract Time. The Contractor shall cavy conforming work, the Owner may correct it in accordance
out such Field Orders promptly. with Section G.
SECTION M The obligation of the Contractor under this Section shall be
UNCOVERING AND CORRECTION OF WORK in addition to and not in limitation of any obligations imposed
upon him by special guarantees required by the Contract
M-1 UNCOVERING OF WORK. If any Work should be Documents or otherwise prescribed by law.
covered contrary to the request of the Owner or Architect, it
must be uncovered for observation and replaced, at the M-3 ACCEPTANCE OF DEFECTIVE OR NON_
Contractor's expense. CONFORMING WORK. If the Owner prefers to accept
defective or non-conforming work, he may do so instead of
If any other work has been covered which the Owner or requiring its removal and correction,in which case a Change
Architect have not specifically requested to observe prior to Order will be issued to reflect an appropriate reduction in the
being covered, the Architect or the Owner may request to Contract Sum, or, if the amount is determined after final
see such work and it shall be uncovered by the Contractor.If payment,it shall be paid by the Contractor.
such Work be found in accordance with the Plans and
Specifications,the cost of uncovering and replacement shall, SECTION N
by appropriate Change Order, be charged to the Owner. If TERMINATION OF THE CONTRACT
such work be found not in accordance with the Ptans and
Specifications, the Contractor shall pay such costs unless it N-1 TERMINATION BY THE CONTRACTOR. If the
PIN work is stopped for a period of 30 days under an order or
GC- 19 of 23
10/11/99
any court or other public authority having jurisdiction,
through no act or fault of the Contractor or a Subcontractor SECTION O
AIMthrough
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
on 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. Ail
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
MR 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
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.
completed and further reduced by the amount of payments,
if,any otherwise made. Contractor shall submit its claim for P-5 TELEPHONE. The Contractor shall provide and
amounts due after termination as provided in this paragraph pay for telephone installation and service to the field offices
within 30 days after receipt of such claim. In the event of described above. Service shall be maintained for the
any dispute or controversy as to the propriety or allowability duration of operations under this contract The Contractor
of all or any portion of such claim under this paragraph,such shall provide for and pay for an automatic telephone-
dispute or controversy shall be resolved and be decided by answering device at the site office for the duration of the
the City Council of the City of Fort Worth, and the decision project. The contractor shall provide a separate telephone
by the City Council of the City of Fort Worth shall be final line, and instrument for use by the City's field
and binding upon all parties to this contract representatives.
GC-20 of 23
10/11/99
materials, provide sufficient heat to produce a
P-6 TOILET FACILITIES. The Contractor shall temperature of not less than 60 F.
provide proper, sanitary and adequate toilet facilities for the
use of all workmen and subcontractors employed on the P-9 TEMPORARY CONSTRUCTION. EQUIPMENT
project. AND PROTECTION
P-7 UTILITIES. Contractor shall make all necessary The Contractor shall provide, maintain, and remove upon
arrangements and provide for temporary water and completion of the work all temporary rigging, scaffolding,
electricity required during the construction. Contractor shall hoisting equipment, rubbish chutes, ladders to roof,
provide and install temporary utility meters during the barricades around openings,and all other temporary work as
contract construction period.These meters will be read and required to complete all work of the Contract. Contractor
the Contractor will be billed on this actual use. The shall coordinate the use and furnishing of scaffolds with his
Contractor shall provide all labor and materials required to sub-contractors.
tap into the utilities. The Contractor shall make the
connections and extend the service lines to the construction The Contractor shall provide, maintain, and remove upon
area for use of all trades. Upon completion of the work all completion of the work, or sooner, if authorized by the
utility lines shall be removed and repairs made to the Architect, all fences, barricades, lights, shoring, pedestrian
existing lines. Only utilities at existing voltages, pressures, walkways, temporary fire escapes, and other protective
frequencies,etc.will be available to the Contractor. structures or devices necessary for the safety of workmen,
City employees,equipment,the public and property.
Water. Provide an ample supply of potable water for all
purposes of construction at a point convenient to the project All temporary construction and equipment shall conform to
or as shown on the Drawings.Pipe water from the source of all regulations, ordinances, laws and other requirements of
supply to all points where water will be required. Provide the authorities having jurisdiction, including insurance
sufficient hose to cant' water to every required part of the companies, with regards to safety precautions, operation
construction and allow the use of water facilities to and fire hazard.
subcontractors engaged on the work.Provide pumps,tanks
and compressors as may be required to produce required The Contractor shall provide and maintain pumping facilities,
pressures. including power,for keeping the site,all times,whether from
underground seepage,rainfall,drainage of broken fines.
Electric ServiGg. Provide adequate electric service for power
and lighting to all points where required.Temporary,electric The Contractor shall maintain provision for dosing and
i service shall be of sufficient capacity and characteristics to locking the building at such time as possible to do so. If this
supply proper current for various types of construction tools, is not feasible,maintain a night
motors, welding machines, lights, heating plant, air
conditioning system, pumps, and other work required. The Contractor shall provide and maintain all barricades or
Provide sufficient number of electric outlets so that 50 foot enclosures, required to protect the work in progress from
long extension cords will reach all work requiring light or outside elements, dusts, and other disturbances as a result
power. of work under this Contract. Such protection shall be
positive,shall meet the approval of the Architect and shall be
Lighting. Supply and maintain temporary lighting so that maintained for the duration of the construction period or as
work of all trades may be properly and safely performed, in required to provide for the protection as specified.
such areas and at such time that day-lighting is inadequate.
Provide at least 0.75 watts of incandescent lighting per P-10 PROJECT BULLETIN BOARD. The Contractor
squgr4e foot and maintain a socket voltage of at least 110 shall furnish,install and maintain during the life of the project
volts. Use at least 100 watt lamps.In any event,the lighting a weather-tight bulletin board approximately 3 feet high by 5
intensity shall not be less than 5 foot candles in the vicinity of feet wide having not less than two hinged or sliding glass
work and traffic areas. doors with provisions for locking.The bulletin board shall be
mounted where and as approved by the Architect, in a
P-8 HEATING. Heating devices required under this prominent place accessible to employees of the Contractor
paragraph shall not be electric. The Contractor shall provide and sub-contractors,and to applicants for employment.The
heat,ventilation, fuel and services as required to protect all bulletin board shall remain the property of the Contractor and
work and materials and to keep the humidity down to the shall be removed by him upon completion of the Contract
extent required to prevent corrosion of any metal and to work. The following information which will be furnished by
�,. prevent dampness or mildew which is potentially damaging the City to the Contractor, shall be posted on the bulletin
to materials and finishes. All such heating, ventilation and board and shall be maintained by the Contractor in easily
a services shall be provided and maintained until final readable condition at all times for the duration of the
acceptance of all work. In addition, the Contractor shall Contract
provide heat ventilation prior and during the following work
operations as follows: a. The Equal Opportunity Poster and Notice
Nondiscrimination of Employment(Standard Form
a) At all times during the placing, settrng and curing of 38).
concrete provide sufficient heat to insure the heating of b. Wage Rate Information Poster (Form SOL 155),
the spaces involved to not less than 40 F. with the Contract Schedule of minimum wage
rates as required by the Davis-Bacon Act
b) From the beginning of the application of drywall and C. Safety Posters.
during the setting and curing period, provide sufficient
heat to produce a temperature in the spaces involved of SECTION Q
not less than 55 F. VENUE
c) For a period of seven(7)days previous to the placing of Should any action arise out of the terms and conditions of
interior finish materials and throughout the placing of this contract, venue for said action shall lie in Tarrant
finish painting,decorating and laying of resilient flooring County,Texas.
�h
GC-21 of 23
3 10/11/99
s,
GENERAL CONDITIONS
INDEX
D-22 Cutting and Patching of Work
A DEFINITIONS PROCEDURES AND D-23 Cleaning Up
INTERPRETATIONS D-24 Communications
-w A-1 Contract Documents E SUBCONTRACTORS
A-2 Entire Agreement
A-3 Work E-1 Definition
A-4 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 Owners 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 Owners 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
C-4 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 Manufacturers 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
D-12 Superintendent H CONTRACT TIME
D-13 Responsibility for Employees and Sub-
contractors H-1 Definitions
D-14 Failure to Commence work H-2 Progress and Completion
D-15 Progress Schedule H-3 Delays and Extension of Time
D-16 Drawings and Specifications at the Site H-4 No Damage for Delay
D-17 Shop Drawings and Samples
D-18 Site Use I PAYMENTS AND COMPLETION
D-19 Safe Work Practices
.� D-20 Field Offices and Sheds 1-1 Contract Sum
D-21 Trench Safety 1-2 Schedule of Values
GC-22 of 23
10/11/99
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 O 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
P-9 Temporary Construction,Equipment and
L CHANGES IN THE WORK 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
L-5 Field Orders
r 00000
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7
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wo
1
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GC-23 of 23
*" 10/11/99
WEATHER TABLE
Month Average Inches SnowAce
Days of of Pellets
Rain Rainfall
January 7 1.80 1
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
(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,ft is counted as a weather day. If the number of weather days exceeds the number of average rain
days plus the snowfice-pellet days for a given month,the contract period will be adjusted by Change Order.
WT-1
1999
BUILDING&CONSTRUCTION TRADES
STANDARD WAGE RATE
FOR TARRANT COUNTY
CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE
AIR CONDITIONING MECHANIC $15.96 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
CARPENTER 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 HANGER 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,D7..INE 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
WR- 1
FoFTWOPTH
Von—
FF�� TEXAS CERTIFICATE OF EXEMPTION
I claim an exemption from payment of sales and use taxes for the purchase of taxable items described
r.
below or on the attached order or invoice.
Description of Items(or an attached order or invoice) To be Purchased: All Items
I claim this exemption for the following reason:
Name of exemption organization: City of Fort Worth
Texas Sales and Use Tax Permit#1-75-6000528-6
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 tined up to$500 per offense.
Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section 1.
Purchasers: City of Fort Worth
Street Address: 1000 Throckmorton
City,State,Zip Code: Fort Worth Texas 76102
j-' Signature/Title-
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)PrlMed on re
PROJECT DESIGNATION SIGN
F
a oFTH
mmlmh�. AS
111111111111161
Vann-
Von-
3"
3" Project Title
4"
4'-0"
Contractor:
u7'
2-1 n" Contractors Name
i" FUNDED BY
2-112"
1-11T — SCHEDULED COMPLETION DATE
i" YEAR
i-117'
1-117'
4'-0"
SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE,
CONTRACTOR,BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA.
CRY 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 167.
CITY OF FORT WORTH, TEXAS
CONSTRUCTION CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the 291' day of February AD, 20 00 , by
and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and
existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th
day of December, A.D. 1924, under the authority (vested in said voters by the"Home Rule" provision) of the
Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said city, hereinafter called OWNER, and Camelot Roofing of the City of Fort Worth County
of Tarrant State of Texas hereinafter called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by the Owner, and under the conditions expressed in the bond bearing even date
herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
ROOF REPLACEMENT OF NINE BUILDINGS AT TWO LOCATIONS
That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools,
appliances and materials necessary for the construction and completion of said project in accordance with
the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth,
which Plans and Specifications and Contract Documents are hereto attached and made a part of this
contract the same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)
days after being notified in writing to do so by the Owner.
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work,
and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the
successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments
upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the
Contractor.
The agreed upon total contract amount shall be $39,845.00 and includes the base bid and No Alternates.
Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 30 calendar
days.
The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works Department
as certificate holder, showing the required General Contractors Liability coverage, Auto Liability, Builder's
Risk and Workers Compensation coverage. If this Contract is in excess of $25,000, the Contractor shall
provide Payment Bond. If the Contractor is in excess of $100,000, the Contractor shall provide both
Payment and 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 Condi-
tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated
O)V�G�O °�,L �?f��0QD
C - C Orf�� CCk)M2V
damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and
his Surety shall be liable to the Owner for such deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in SIX 6
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
- corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in SIX(6)counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the 29th day of February AD, 20 00 .
&OV,p/.4r
Contractor
By: l k�l /�/dc✓� APPROVED:
Name
By: 4ZZ 0'
Office Assistant City anager
rAPPROVAL RECOMMENDED: RECORDED:
By: By: .�-6?it'Sn�
Transportation and Public Works ity Secreta
09—
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APPROVED AS TO FORM AND LEGALITY: /v 0
Date
By:
QAss
Contract Authorization
X29- 00
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C(0,
C _ 2 CNN KINTSQv
PERFORMANCE BOND
Bond NSU3122498-01
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENT: That we (1) Camelot Roofing
(2) Company of Texas hereinafter called Principal and (3) Utica Mutual
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, in the
penal sum of:
Thirty-nine Thousand, Eight Hundred Forty Five Dollars & Forty Cents
$39.845.40 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, 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 29th day of February, 2000 , a
copy of which is hereto attached and made a part hereof, for the construction of:
ROOF REPLACEMENT OF NINE BUILDINGS AT TWO LOCATIONS
designated as Project Number FE71-0157150 , 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 and construction 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, specification, and contract document 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 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 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.
AMPERBOND.FRM
IN WITNESS WHEREOF, this instrument is executed in 6 Counterparts each one of which
shall be deemed an original,this the 29th day of February, 2000.
Camelot Roofing
Principal(4)
ATTEST:
By:
(Principal) Secretary
tinted Name/Title)
(SEAL)
8309 Watercress
ADDRESS
Fort Worth, TX 76135
CITY/STATE/ZIP
P. 0. Box 743488 Utica Mutual Insurance Company
(Address) (Surety)
Dallas, TX 75374-3488
ATTEST:
(Surety) Secretary
By:
(Attorn y-in-Fact)(5)
7W
(SeAL) Cindy Fowler
(Printed Attorney-in-Fact)
'Witness as to Aurety
Note: Date of Bond must not be prior to date of
Contract
(I) Correct name of Contractor
(1) A Corporation,a Partnership or and
Individual,as case may be
(3) Correct Name of Surety
(J) If Contractor is partnership all Partners
should execute bond
(5) A trite copy of Poiver of Attorney shall be
attached to bond by Attorney-in-Fact
PAYMENT BOND
THE STATE OF TEXAS BOND NO. SU3122498-01
COUNTY OF TARRANT
KNOW ALL MEN BY THESES PRESENTS: That we, Camelot Roofing a corporation of_
Tarrant County, Texas hereinafter called Principal and (3)Utica
Mutual 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-
Thirty-nine Thousand,Eight Hundred Forty Five Dollars & Forty Cents
139.845.40 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the
payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators
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 29th day of February, 2000, a
copy of which is hereto attached and made a part hereof, for the construction of:
ROOF REPLACEMENT OF NINE BUILDINGS AT
TWO LOCATIONS
designated as Project Number FE71-0157150 copy of which contract is hereto
attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein,
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 FURTHER, 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
AASPAYBOND.FRM
abridge the right of any beneficiary hereunder whose claim shall be unsatisfied.
IN WITNESSETH WHEREOF,this instrument is executed in 6 counterparts, each one of which
shall be deemed an original,this the. 29th day of February. 2000.
Camelot Roofing
Principal(4)
ATTEST:
BY:
(Principal)Secretary Zo-Z,
rtnted Name/Title)
(SEAL) 8309 Watercress
ADDRESS
Fort Worth, TX 76135
P. 0. Box 743488 CITY/STATE/ZIP
Dallas, TX 75374-3488 Utica Mutual Insurance Company
(Address) (Surety)
ATTEST: J
(Surety)Secretary By:
(A rney-in-Fact) (5)
Cindy Fowler
(Printed Attorney-in-Fact)
(SEAL}
Wlt ess as to SU ty Note: Date of Bond must not be prior to date of
Contract
(I) Correct name of Contractor
(1) A Corporation, a Partnership or and
Individual,as case may be
(3) Correct Name of Surety
(a) If Contractor is Partnership all Partners
should execute bond
FHE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND - NOT A WHITE BACKGROUND THE BACK OF THIS DOCUM
UTICA MUTUAL INSURANCE COMPANY
NEW HARTFORD,NEW YORK 0Q
- EXPIMTiON DATE]Mnlaa 24.'2003 y
POWER OF ATTORNEY
a
Q Know all men by these Presents,the UTICA MUTUAL INSURANCE COM-
PANY,as a New York Corporation,having its principal office In the Town of New Hartford,County of Oneida,State of New W
York,does hereby make,constitute and appoint William D.Baldwin,Choly Fowler,Debbie Smith,Michael B.Hill,
David Morgan,Roger Bales,Todd Jackson Richardson,TX A
LU its true and lawful Attorney(s)-in-fact In their separate capacity N more than one Is named above to make, execute,
sign, seal and delivery for and on its behalf as surety and as its act and deed (without power of redelegation)any and
all bonds and undertakings and other writings obligatoryin the nature thereof(except bonds guaranteeing the payment a
c of principal and interest of notes,mortgage bonds and mortgages)provided thQamount of no one bond or undertaking m
exceeds Three Nlhon aTid470f1,O1?_.---_ -------- Dollars($3,000,0N.00 ),
Theexecutionof such bondsand undertakings shall beasbindingupon saId6TICA MUTUAL INSURANCE COMPANY M'
U. as fully and to all intents and purposes as If the same had been duly executed and acknowledged by its regularly elected
officers and its Home Office In New Hartford, New York.
This Power of Attorney Is granted under and by authority of the following resolution adopted by the Directors of the 0
w UTICA MUTUAL INSURANCE COMPANY on the 27th day of November,1961.
"Fiesolved,thatthePresidentoranyVice-President,In conjunction with the Socretaryor any Assistant So oratory,be and theyare hereby authorized
and em oweredto appoint Attorneys of the Company,In Its name and as its acts,to execute and acknowledge forand on Its behalf as Surety i7
any andpall bonds,recognizances,contracts of Indemnity and all other writinga obligatory In the nature thereof,with powerto attach thereto the seal
of the Company.Any such writings so executed by such Attorneys-in-fact shafl be binding upon the Company as if they had been duly acknowledged M_
bythe regularly elected Officers of the Company in their own proper persona.
"Now Therefore,th•signatures of such officers and the seal of the Companyy maybe affixed to any such Power of Aftneyby a focaimlle,and. Q
V any such Power ofAttomeybearing such facsimile signatures or seal shall bevalid and binding upon tho Company,'
a In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its
Authorized Officers,this 24 day of Feb M, 2000 m
�NSU,gq UTICA MUTUAL INSURANCE COMPANY n
1914 0 1&16 1 -1
STATE OF NEW YORK 6JV�n ti��a c• residant CA
® COUNTYOFONEIDA ss' 0
n
On this °'day of February 2000 ,before me,a Notary Public In and forthe State of New York,
personally came DANIEL D. DALY and GEORGE P. WARDLEY to me known, who acknowledged execution of the m
m preceding instrument and, being by me duly sworn, do depose and say,that they are Vice President and Secretary I
respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said Instrument Is the corporate x
seal of UTICA MUTUAL INSURANCE COMPANY; and that the said corporate seal Is affixed and their signatures (D
subscribedto said Instrument by authority and order of the Board of Directors of said Corporation. a
In Testimony Whereof,I have hereunto set my hand at New Hartford, New York,the day and year first above written- o
S URq� O
m
14 1914 p In Notary Public W
STATE OF NEW YORK , t as: A. aa� 0
COUNTY OF ONEiDA J O
1, Stephen J. Lorenz Assistant Secretary of the Utica x
Mutual Insurance Company do hereby certify that the foregoing Power of Attorney executed by said Utica Mutual O
Insurance Company and the above-quoted Resolutions of the Board of Directors adopted November 27, 1961 are z
still In full force and effect.
In Witness Whereof, I have hereunto set my halEitiFtandtif Atedf#te Seal of the said Corporation at New Hanford, New York, o
this 29th day of February 2000 . —i
—_ a
W" Assistant Secretary.
2
111-11 M31A 01 31ONV 1V U1OH -)IaVWa31VM 1VIOI=IIIUV NV SNIVINOO 1N3Wf1D0a SIHI:10 NOVS 31-11 aNnow))IOVS 3'f
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT
You may contact the Texas Department of Insurance to obtain information on companies,
coverages,rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin,Texas 78714-9104
FAX No. (512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim, you should contact
the company first. If the dispute is not resolved, you may contact the Texas Department
w of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY
This notice is for information only and does not become a part or condition of the
attached document.
I�
CERTIFICATE OF INSURANCE
Certificate Holder: City of Fort Worth
Date: January 11,2000
Project Name: Roof Replacement of Nine Buildings at Two Locations
Project Number: FE710157150
This is to certify that: Camelot Roofing
Address: 8309 Water Cress
Fort Worth,Texas 76135
is at the date of this certificate, insured by this company with respect to the business operations hereinafter described, for the
type of insurance and in accordance with the provisions of the standard policies used by this Company, and further
hereinafter described. Exceptions to standard policy noted on reverse side thereof
Type of Insurance
POLICY NO. EFFECTIVE EXPIRES LIMITS OF LIABILITY
Workers Compensation
Comprehensive General Bodily Injury: $
Liability Insurance Each Occurrence:
(Public Liability) Property Damage:
Each Occurrence: $
Blasting Each Occurrence $
Collapse of Buildings Each Occurrence $
or structures adjacent to
excavations
Damage to underground Each Occurrence $
Utilities
Builders Risk
Comprehensive Bodily Injury
Automobile Liability Each Person $
Each Occurrence $
Property Damage
Each Occurrence $
Contractual Liability Bodily Injury
Each Occurrence $
Property Damage
Each Occurrence $
Other
Locations covered:
Description of operations covered:
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the
insurer in less than five(5)days after the insured has received written notice of such change or cancellations.
Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above
policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached.
Agency
Fort Worth Agent By:
Address Title:
A:\21NSURAN.FRM
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Camelot Roofing certifies
that it provides worker's compensation insurance coverage for all of its employees employed on City of
Fort Worth project Roof Replacement of Nine Buildings at Two Locations project number, FE71-
.� 0157150.
By:
Title
oz/- 00
Date
STATE OF TEXAS 3
COUNTY OF TARRANT 3
BEFORE ME, the undersigned authority, on this day personally appeared
--oNy 6-4"rw , known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as
the act and deed offor
the purposes and considerations therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1(&1M*4yr.4
ANNETTE J. CONNOR
y0mn.Ezp.01/1 Notary Rf�lk
STATE OF TEXAS Notary Public in and for the State of Texas
(a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy
of workers compensation insurance covering each of its employees on the project in compliance
+� with state law. No Notice to Proceed will be issued until the Contractor has complied with this
section.
(b) Contractor agrees to require each and every subcontractor who will perform work on the
project to provide to it a certificate from such subcontractor stating that the subcontractor has a
policy of workers compensation insurance covering each employee employed on the project.
Contractor will not permit any subcontractor to perform work on the project until such certificate
has been acquired. Contractor shall provide a copy of all such certificates to the City.
AAMORMOMYRM
SECTION 02072
MINOR DEMOLITION AND RENOVATION WORK
PART 1 - GENERAL
1.01 SUBMITTALS
A. Product Data: Submit manufacturer's product data sheets for each product in
accordance with General Conditions.
B. Submit Material Safety Data Sheets.
1.02 PROTECTION
A. Prior to starting minor demolition operations, provide necessary protection in
accordance with General Conditions.
B. Provide fire protection for projects that include modified bitumen membrane
(minimum of 3-20 lb. dry chemical fire extinguishers, fully charged at all
times.)
C. Protect cars, people, landscape and property from roof operations including
falling trash and debris, and from contractor operations on the ground.
D. Provide dust protection at all areas of the building including air intake openings.
Provide dust filters and change as often as needed.
1.03 COORDINATION
A. Sequence minor demolition and renovation with work sequence of reroofing
work such that demolition debris is not transported across new roof surfaces.
B. Coordinate with reroofing work so that no more existing items are removed in
one day than can be replaced along with new roofing work in same day.
C. Do not begin demolition of roof membrane when weather forecast is greater
than 20% chance of rain.
02072 - 1 PKG V09
PART 2 - PRODUCTS
2.01 MATERIALS
A. Wood Nailers and Blocking
1. No. 2 or better Southern Yellow Pine.
2. Fire-retardant treated with equal to or better than Osmose Flame Proof
LHC, bearing UL Label FR-S.
B. Fasteners
1. Screws: Hot-dip galvanized wood screws.
2. Nails: Non-ferrous, cement-coated, or hot-dip galvanized nails.
3. Concrete and Masonry: Stainless steel or galvanized screws with lead
expansion anchor, equal or better than Rawlplug by the Rawlplug Co.
C. Paint: Equal to or better than Kelly Moore Products listed..
1. Rust Olean (rust inhibitive paint).
2. Kel-Guard Red Oxide Primer.
4. Kel-Guard White Rust Inhibitive Primer.
5. Kel-Guard Galvanized Iron Primer.
6. Alkyd Semi Gloss Enamel.
PART 3 - EXECUTION
3.01 PREPARATION
A. Verify that required barricades and other protective measures are in place.
B. Owner inspection and verbal authorization to proceed.
3.02 MINOR DEMOLITION OPERATIONS
A. General:
1. Comply with precautions and procedures as required by City Ordinances
and OSHA Regulations.
2. Execute demolition in a careful and orderly manner without disturbance
or damage to adjoining surfaces and structure.
3. Avoid excessive vibrations in demolition procedures that would be
transmitted through existing structure and finish materials.
4. Verify that protection methods are in place to satisfaction of Owner's
Representative.
B. Existing Roof Demolition: Completely remove existing composition shingle
roof systems to existing wood decks.
02072 - 2 PKG V09
C. Abandoned equipment supports and vents:
1. Remove abandoned conduit, piping, supports and vent penetrations.
Cap-off below new roof membrane.
3.03 DISPOSAL
A. Materials, equipment and debris resulting from demolition operations shall
become property of Contractor. Remove demolition debris in accordance with
applicable City, State and Federal Laws, and in accordance with requirements
of General Conditions.
B. Legally dispose of demolition debris.
3.04 MINOR RENOVATION WORK
A. Nailers and Curbs:
1. Clean and prepare existing surfaces to receive nailers and curbs.
2. Install new curbs or extend curbs as necessary to achieve a minimum 8
in. curb flashing height.
3. Replace damaged blocking with new blocking.
4. Install nailers and curbs continuously without gaps and plumb, level and
true with joints flush. Securely fasten to structure with thru-bolts or
drilled anchors. Use of power-actuated fasteners is prohibited.
B. Metal Stack Replacement: Replace existing metal stacks with new stacks to
match existing size and style.
C. Paint:
1. Prepare surfaces and prime in accordance with paint manufacturers
instructions.
2. Do not paint prefinished equipment.
3. Paint shop primed equipment.
4. Prime and paint exposed pipes, conduit, boxes, exposed ducts, hangers,
brackets, collars and supports, except where items are prefinished.
5. Paint new and existing exposed non galvanized metal surfaces with 2
coats of rust inhibitive paint. Color as selected.
b. Prime exposed galvanized metal and paint with 2 coats of alkyd enamel
paint. Color as selected.
7. Touch up primed ferrous metal after welding with red oxide primer.
02072 - 3 PKG V09
3.05 CLEANING
A. As work proceeds, promptly remove trash and debris from roof area. Provide
chutes or other conveying system to transfer debris from rooftop to disposal
containers. Placement of chutes to be approved by owner's representative.
B. During progress of Work maintain premises free of unnecessary accumulation
of tools, equipment, surplus materials and clutter.
C. Collect cotton waste, cloths and material which may constitute a fire hazard,
place in closed metal containers and remove daily from site.
D. Promptly clean spilled paint and/or bitumen products as work proceeds.
END OF SECTION
02072 - 4 PKG V09
SECTION 07310
ASPHALT SHINGLES
PART 1 - GENERAL
1.01 PRE-INSTALLATION CONFERENCE
A. Upon execution of the Notice to Proceed a pre-installation conference shall be
convened with the Owner's staff, Contractor and Architect.
1.02 PROTECTION AND COORDINATION
A. Owner will occupy premises during entire period of roof removal and replacement.
All due care shall be taken to protect property from damage and occupants from
injury due to the Contractors work operations. Cooperate with Owner's
Representative during roofing operations to minimize conflict, and to facilitate
continued use of the facility.
B. Schedule work in an orderly manner with any disturbance to normal operations kept
to a minimum. Coordinate scheduling with Owner's Representative in order to
protect building occupants and to protect building contents from damage during
roofing operations. Verify that protection methods are in place to satisfaction of
Owner's Representative.
C. Comply with precautions and procedures as required by City Ordinances and OSHA
Regulations.
D. Execute roofing operations in a careful and orderly manner without disturbance or
damage to adjoining surfaces and structure.
E. Avoid excessive vibrations that would be transmitted through existing structure and
finish materials.
F. The building and surrounding areas shall be left in a safe UNCLUTTERED
condition at the end of each day's work.
1.03 DELIVERY, STORAGE AND HANDLING
A. Deliver roofing materials, and accessories in manufacturer's original protective
containers with labels intact and legible. Comply with manufacturer's published
instructions for storage and handling.
07310 - 1 PKG V09
!' B. Store materials in dry protected areas, on clean, raised platforms with securely
anchored weather protective covering.
C. Coordinate with the Owner for access to the site and for areas within thePertY ro for
P
material storage.
D. Provide for access to the site and alli m n
equ p e t by City forces at all times.
1.04 WARRANTIES
A. Provide manufacturer written 25 year material warranty.
B. Provide contractor 2 year written installation warranty.
1.05 FIELD QUALITY CONTROL
A. Employ only experienced craftsmen, skilled in the installation of shingles and related
materials.
B. Contractor shall notify Construction Inspector at least 24 hours in advance of
performing any work. Construction Inspector shall be afforded opportunity to
inspect all work at any stage of construction.
1.06 SUBMITTALS
A. Submit manufacturers product data, material and color samples and shop drawings of
metal flashings under provisions of Section - Submittals.
B. Indicate general construction, configurations,jointing methods and locations,
fastening methods and locations, and installation details.
C. Submit manufacturer's installation instructions under provisions of Section -
Submittals.
PART 2 - PRODUCTS
2.01 ROOFING MATERIALS
A. Asphalt Shingles: ASTM D3018, type 1, class A, glass fiber matt base, mineral
granule surfaced type; heavy duty; standard self-sealing type; square laminated
overlay staggered-edge butt type tab; equal to Owens Corning, Oakridge H,
color, driftwood.
07310 - 2 PKG V09
r
F
B. Underlayment: Asphalt impregnated glass fiber, 30 pound asphalt felt.
C. Nails: Standard wire type, hot-dipped zinc-coated steel, 11 gage, 3/8" head,
minimum 1-1/4" long of sufficient length to penetrate 3/4" into wood decking or
penetrate through plywood decking.
D. Underlayment Fasteners: Galvanized nails and tin caps of appropriate gauge and
length.
E. Plastic Cement: Asphaltic type with mineral fiber components, no asbestos fibers
allowed, FS-SS-C-153, Type I.
F. Metal edge flashing: Hot dipped galvanized, 24 gage.
PART 3 - EXECUTION
3.01 INSTALLATION - GENERAL
i
• A. Remove existing asphalt shingle roof system to expose deck. Remove all roofing
nails or drive flush. Remove only area which will be replaced in one day. Do not
remove existing roofing if national weather service forecast is greater than 20%
chance of rain.
B. Replace deteriorated or damaged wood decking with plywood, match existing
thickness. Patch shall span minimum of three framing members. Roof Deck to be
smooth, sound, clean, dry and free of irregularities.
C. Verify that installing of all metal flashing has been completed.
D. Install asphalt shingle roofing and underlayments over dry surfaces, free of ridges,
warps, and voids.
FE. Coordinate installation of roof mounted components or work projecting through
roof. Verify roof openings are framed, sized, and located prior to installing work of
this Section.
F. Completed installation to provide weathertight service.
07310- 3 PKG V09
3.04 INSTALLATION - ROOF
A. Install metal drip edge along eaves and rakes
B. Apply one layer of underlayment over beginning at lowest edge and laying shingle
fashion to ridge. Lap each course 2" minimum at horizontal joints (vertical surfaces)
and 4" side lap at end joints (sloped surfaces). Lap underlayment 6" from both sides
over hips and ridges.
C. Secure underlayment to deck nailing at 6" o.c. along edges and shower nailing at 10"
o.c. over entire area. Install metal flashing in gutters and valleys.
D. Install shingles per Manufacturer's written instructions with proper exposure and
head lap.
E. Provide and install cap, ridge, edge, equipment and stepped wall or parapet flashing.
F. Install ridge units to face away from prevailing wind.
END OF SECTION
07310 - 4 PKG V09
SECTION 07525
MODIFIED BITUAIINOUS SHEET ROOFING
PART 1 - GENERAL
1.01 RELATED SECTIONS
A. Section - Minor Demolition and Renovation Work.
B. Section - Caulking and Sealants.
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM).
1. ASTM D 41 "Asphalt Primer Used in Roofing, Dampproofing and
Waterproofing".
2. ASTM D 4601 "Asphalt Impregnated Glass (felt) Mat Used as a Base Sheet
in Roofing and Waterproofing".
1.03 CONFORMANCE STANDARDS
A. Underwriters Laboratories (UL).
1. Fire Classification Rating: "Class A".
1.04 QUALITY ASSURANCE
A. Provide written proof of Manufacturer's approved applicators status for required
warranty. Contractor shall submit certification with bid.
B. Upon completion, provide an inspection by Manufacturer to assure installation is in
accordance with requirements for the warranties. Manufacturer's representative
shall provide a written inspection report certifying that the roof system has been
installed in accordance with manufacturer's accepted procedures and is warrantable
for the specified warranty period.
1.05 WARRANTY AND CERTIFICATION
A. General: All warranties are calculated from the date of final acceptance by the
City. The Contractor shall be fully responsible for the work until date of final
acceptance.
B. Provide Manufacturer's No Dollar Limit (NDL), Total System Repair or Replace,
non-prorated twenty (12) year warranty covering materials and workmanship.
07525 - 1 PKG V09
C. Provide Roofer's two (2) year unconditional total system warranty for all
components including flashing and sheet metal.
D. Certification of Owner's Maintenance Forces: Manufacturer shall provide, at
their expense, adequate training on the repair and modification of modified
bitumen, torch down roofing at a location within the DFW metroplex in order to
certify the Building Maintenance Division of the Transportation and Public Works
Department for warranty repairs and modifications of the manufacturer's roof
systems. The City of Fort Worth will pay for travel and per diem costs incidental
to the training. If training is required outside of the Metroplex for the purpose of
certification, the Contractor shall pay travel and per diem necessary for the
certification.
1.06 SUBMITTALS
A. Receive final written authorization for substitutions, if any.
B. Submit three (3) inch by five (5) inch samples of roofing membrane and
accessories with manufacturer's identification labels attached.
C. Submit manufacturer's application procedures which describe completely the
preparation of surfaces and application of specified materials.
D. Submit shop drawings showing details, fabrication and fastening devices for each
condition encountered.
1.07 PRE-INSTALLATION CONFERENCE
A. Prior to ordering materials and commencing roofing, a pre-installation conference
to discuss the specified roofing.system and its proper application will be
conducted. Notify the local Manufacturer's representative when the
pre-installation conference is scheduled.
1.08 DELIVERY, STORAGE AND HANDLING
rA. Deliver roofing materials, insulation, and accessories in manufacturer's original
protective containers with labels intact and legible. Comply with manufacturer's
rpublished instructions for storage and handling.
B. Store materials in dry protected areas, on clean, raised platforms with securely
anchored weather protective covering.
C. Store flammable products away from sparks or open flames.
D. Store roofing materials at a minimum of forty-five (45) degrees fahrenheit prior to
use as recommended by the manufacturer. Protect materials from freezing.
07525 - 2 PKG V09
1.09 ENVIRONMENTAL REQUIREMENTS
A. Proceed with roofing work only when weather conditions comply with
manufacturer's recommendations. Do not exceed temperature limitations
recommended by the manufacturer.
rB. Do not begin roofing work (removal or installation) when weather forecast is
greater than 20% chance of rain.
r1.10 PROTECTION AND COORDINATION
A. Owner will occupy the premises during the entire period of the roof removal and
replacement. Cooperate with Owner's Representative during construction
operations to minimize conflict, and to facilitate continued use of the facility.
rB. Coordinate scheduling with the Owner's Representative in order to protect the
building occupants and to protect the building contents from damage during
construction operations.
PART 2 - PRODUCTS
2.01 ROOFING MEMBRANE SYSTEM
A. Approved manufacturer: Equal to U.S. Intec, Inc.
B. Approved System: Specification No. GBFR-I-RC.
C. Modified Bituminous Membrane: Equal to Intec GBSP-4FR.
1. Compound: Atactic Polypropylene (APP) Modified Asphalt.
2. Reinforcement: Non-woven Polyester; One hundred seventy (170) grams per
1P square meter (min).
3. Weight: One hundred five (105) pounds per roll.
4. Thickness: Four and one-half(4.5) mm.
5. Application: Torch.
6. Surfacing: Fire Resistant Mineral Granule.
7. Color: Tan.
rD. Asphalt Primer: ASTM D 41.
r 2.02 FLASHING SYSTEMS
A. Flashing: Equal to products listed, Intec GBSP-4FR flashing and Mini Intec
flashing as recommended by the manufacturer to suit each condition.
r
r 07525 - 3 PKG V09
PART 3 - EXECUTION
3.01 EXAMINATION
A. Verify existing modified bitumen roof system is securely attached, free of
depressions, waves or projections.
B. Verify surfaces are dry and free of moisture in any form.
C. Verify proper placement of roof penetrations.
3.02 JOB AND WEATHER CONDITIONS
A. Suspend all application and installation activities during inclement weather.
B. Remove debris from roof deck and site on a daily basis and dispose at an approved
disposal site.
C. Protect building and adjacent surfaces from bitumen spillage.
D. Do not permit traffic or material storage on completed roof surfaces.
3.04 SUBSTRATE PREPARATION
A. Comply with manufacturer's published instructions for preparation of substrates to
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receive sheet roofing. Prior to priming, clean substrate of dust, debris, and other
substances detrimental to roofing work.
3.05 MODIFIED BITUMINOUS MEMBRANE
A. Heat weld one (1) ply of modified bituminous membrane perpendicular to primed
existing modified bitumen roof system.
B. Laps: Three (3) inch side laps and six (6) inch end laps.
3.06 FLASHINGS
A. Prime metal and masonry surfaces prior to flashing application at the minimum
rate of one (1) gallon per one hundred (100) square feet.
B. Securely attach flashings using torch application over base sheets as recommended
by the manufacturer.
3.07 SAFETY PRECAUTIONS
A. Statement of Practical Treatment: In case of skin contact with molten bitumen or
flame from torching device, apply ice. Get medical attention immediately.
07525 - 4 PKG V09
B. In Case of Fire: Use ABC-rated fire extinguisher and get assistance from fire
department immediately.
C. General Precautions:
1. Read and understand manufacturer's roofing manual before starting
application. Follow all precautions and directions.
2. Thoroughly train personnel in recommended safety procedures for use of
torching device and for application of product.
3. Fire prevention inspections should be conducted periodically during
installation, with a final inspection being conducted upon completion of that
day's work.
4. Wear personal protective gear as required. Including use of approved safety
hard hat, goggles, heavy duty gloves, snug-fitting clothing (long pants and
long sleeved shirt), and boots.
5. Thoroughly train personnel on preventing and extinguishing fires.
6. Thoroughly train personnel in first aid procedures.
7. Never allow contact between the heated surface of the product or the torching
device and hair, skin or clothing.
8. Comply with all applicable OSHA safety standards and applicable fire codes.
9. Avoid physical contact with product for at least one hour after application.
10. Never apply modified bitumen products directly over exposed conduits or
pipes laying on the roof deck.
11. Provide in the immediate work area at least one (1) ABC-rated fire
extinguisher for each torching device.
12. Use extreme caution when working around equipment, such as gas lines or
HVAC units, which have electrical connections.
D. TORCHING DEVICE:
1. Do not allow torching device to come in contact with flammable materials.
Roofing surface, walls, abutments and surrounding surfaces must be
inspected prior to utilization of torching device so that necessary
precautionary measures may be taken.
2. Keep torch flame moving at all times; failure to do so may result in ignition
of surface and/or underlying materials.
3. Avoid prolonged contact with heat sensitive metals such as lead, as
overheating of these metal surfaces could ignite underlying flammable
surfaces.
4. Never use propane except in well-ventilated areas.
5. Manufacturer's safety and operating instructions provided with the torch
system must be followed strictly.
6. Check all fittings and other equipment on the application equipment for
leakage. NEVER USE A FLAME TO CHECK FITTINGS AND OTHER
EQUIPMENT.
7. Propane tanks are pressurized. Do not puncture. Do not expose to extreme
heat. Tanks must be maintained a minimum safe distance away from torch
flame.
07525 - 5 PKG V09
8. Containers which contain or may have contained flammable material must be
kept clear from the torch or other heat source.
9. Use base sheet recommended by manufacturer's roofing manual. Failure to
do so is extremely hazardous as the base sheet provides a protective covering
for underlying combustibles.
10. Cant strips used at roof/wall abutment must be composed of fire retardant
material or protected from direct contact with torch flame.
11. Application personnel must remain on the job site for a minimum of one
hour after completion of installation to inspect for any possible
smoldering combustible material. Since fires can result hours after
completion of work, periodical inspection thereafter must be made, the time
and nature of which will vary depending on the size of the job and the nature
of the application surface and abutments.
12. Never place hot torching device on roof surface, insulation or any other
surface or object, other than acceptable stand or holder or fireproof surface.
13. Never leave a lighted torching device unattended.
14. Never use torching device to apply any material other than APP modified
bituminous membrane.
15. Allow torching device to cool completely to room temperature before
removing it from roof.
3.08 FIELD QUALITY CONTROL
A. Provide on-the-job inspections, technical assistance and membrane application
guidance as may be necessary to complete the roofing membrane application in
accordance with manufacturer's warranty requirements.
3.09 JOB COMPLETION
A. Inspect completed roofing and correct all defects to meet the specification
requirements.
B. Manufacturer's representative shall inspect the completed roofing system and
notify the Contractor and Architect of any defects in the application.
C. Clean up all debris, excess materials and equipment and remove from site daily.
D. Clean any drips or spills of asphalt or primers.
E. Restrict construction traffic and equipment movement on the completed roofing to
only essential personnel. Provide appropriate protection against traffic and
construction activities on completed roofs.
END OF SECTION
07525 - 6 PKG V09
SECTION 07560
FLUID-APPLIED ROOFING
PART 1 - GENERAL
1.01 RELATED WORK
A. Section - Minor Demolition and Renovation Work.
1.02 REFERENCES
A. ASTM D2523 - Load Strain Properties of Roofing Membranes.
B. ASTM D4830 - Characterizing Thermoplastic Fabrics used in Roofing &
Waterproofing.
C. ASTM D1117 - Non-Woven Fabrics.
D. ASTM D412 - Rubber Properties in Tension.
E. ASTM E96 - Water Vapor Transmission of Materials.
F. ASTM D2240 - Determining Durometer Hardness of Rubber.
G. ASTM E108 - Fire Tests of Roof Coverings.
H. UL-790 - Fire Resistance of Roof Covering Materials.
1.03 QUALITY ASSURANCE
A. Manufacturer: Company supplying specified types of roofing products and systems
for minimum ten 10 years in U.S. market.
B. Contractor: Qualified Applicator eligible to provide Manufacturer's warranty.
C. Provide written proof of Manufacturer's approved applicators status for required
warranty. Contractor shall submit certification with bid.
D. Upon completion, provide an inspection by Manufacturer to assure installation is in
accordance with requirements for the warranties. Manufacturer's representative
shall provide a written inspection report certifying that the roof system has been
installed in accordance with manufacturer's accepted procedures and is warrantable
for the specified warranty period.
07560 - 1 PKG V09
1.04 CONFORMANCE STANDARDS
A. Underwriters Laboratories (UL).
1. Fire Classification Rating: "Class A".
1.05 SUBMITTALS
A. Receive final written authorization for substitutions, if any.
I B. Submit three (3) inch by five (5) inch samples of roofing membrane and accessories
�i with manufacturer's identification labels attached.
C. Submit manufacturer's application procedures which describe completely the
preparation of surfaces and application of specified materials.
1.06 DELIVERY, STORAGE, AND HANDLING
A. Deliver roofing materials, and accessories in manufacturer's original protective
containers with labels intact and legible. Comply with manufacturer's published
instructions for storage and handling.
B. Store roll goods on ends, selvage end up. Discard flattened, creased or otherwise
damaged rolls. Place materials on pallets. Do not stack palletized material.
C. Store materials in dry protected areas, on clean, raised platforms with securely
anchored weather protective covering.
D. Store materials marked "keep from freezing" in areas where temperature will
remain above 55 degrees F.
D. Handle materials to avoid bending, puncturing, tearing, or other damage during
transportation and installation.
1.07 ENVIRONMENTAL REQUIREMENTS
A. Proceed with roofing work only when weather conditions comply with
manufacturer's recommendations. Do not exceed temperature limitations
recommended by the manufacturer.
B. Do not begin roofing work (removal or installation) when weather forecast is
greater than 20% chance of rain.
07560 - 2 PKG V09
1.08 PRE-INSTALLATION CONFERENCE
A. Prior to ordering materials and commencing roofing, a pre-installation conference
to discuss the specified roofing system and its proper application will be conducted.
1.09 WARRANTY
A. General: All warranties are calculated from the date of final acceptance b the
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City. The Contractor shall be fully responsible for the work until date of final
acceptance.
B. Provide Manufacturer's ten (10) year warranty covering materials and
workmanship.
C. Provide Roofer's two (2) year unconditional total system warranty for all
components.
1.10 PROTECTION AND COORDINATION
A. Owner will occupy premises during entire period of roof work. All due care shall
*' be taken to protect property from damage and occupants from injury due to the
Contractors work operations. Take due care to protect building and surrounding
objects from overspray during installation operations. Cooperate with Owner's
Representative during roofing operations to minimize conflict, and to facilitate
continued use of the facility.
B. Schedule work in an orderly manner with any disturbance to normal operations kept
to a minimum. Coordinate scheduling with Owner's Representative in order to
protect building occupants, building contents from damage during roofing
operations. Verify that protection methods are in place to satisfaction of Owner's
Representative. Comply with precautions and procedures as required by City
Ordinances and OSHA Regulations.
C. The building and surrounding areas shall be left in a safe UNCLUTTERED
condition at the end of each day's work.
PART 2 - PRODUCTS
2.01 ACCEPTABLE ROOFING MANUFACTURERS
A. Equal to Thermo Materials, Chandler, Arizona.
i
=
07560 - 3 PKG V09
2.02 PRETREATMENT MATERIALS
A. Rust Inhibitor/Converter: Equal to Thermo Rust Inhibitor, water based rust
inhibitor/converter.
B. Asphalt Primer/Stain blocker: Equal to Thermolastic Stain Inhibitor, single
component, water based coating specifically designed as primer and stain inhibitor
over asphaltic residues.
2.03 FLASHING MATERIALS
A. Polyester Reinforcing Fabric: Equal to Thermo Polyester SB-100, stichbond
polyester reinforcing fabric. Available in 4", 6", 12", 20" and 40" widths.
B. Flashing Sealant: Equal to Thermolastic T-60 Flashing Sealant, water based, 100%
acrylic elastomer flashing sealant.
2.04 COATING MATERIALS
A. Protective Coating: Equal to Thermolastic Solar Shield, single component, acrylic
rubber emulsion specifically formulated as reflective, ultraviolet and moisture
resistant surfacing over reinforced elastomeric flashing and metal roofs.
PART 3 - EXECUTION
3.01 SUBSTRATE PREPARATION
A. Repair voids or gaps in metal roof greater than 1/4".
B. Remove and replace severely corroded or deteriorated metal roof panels and
skylight panels that pose safety threat.
C. Remove and replace severely corroded fasteners with acceptable corrosion inhibited
type fastener. Replace severely weathered washers with new butyl rubber washers.
Replace stripped fasteners with larger OD type fasteners. Replace missing
fasteners.
D. Pressure wash roof surfaces with low foaming, biodegradable detergent/water
solution and allow to thoroughly dry. Remove existing loose asphaltic roofing or
flashing material.
E. Treat oxidized areas with Thermo Rust inhibitor at a coverage rate of 1 gal per 230
sq. ft. Heavily oxidized areas may require 2 applications.
07560 - 4 PKG V09
F. Coat areas of residual asphalt with Thermolastic Stain Inhibitor at coverage rate of
1 gal. per 100 sq. ft.
G. Allow pre treatments to cure minimum 24 hours prior to application of flashing and
protective coating.
3.02 FLASHING INSTALLATION
A. Install widths of Thermo Polyester SB-100 in Thermolastic T-60 in accordance with
project requirements. Cut and remove Thermo Polyester SB-100 around fasteners
as required to fit flush with metal roof surface. Bridging or wrinkling over
fasteners is not permitted. (Note: Width of flashing depends on rib configuration.)
B. Embed Thermo Polyester SB-100 into Thermolastic T-60 at a coverage rate
approximately 1 gal. per 20 linear by 6" width respectively.
C. Trowel or caulk exposed fasteners with Thermolastic T-60 sealant, completely
cover fastener heads.
D. Allow flashings to dry thoroughly. Inspect for voids, fishmouths and other
imperfections, repair as required. Cut and repair fishmouths by embedment of
Thermo Polyester SB-100 in additional T-60.
3.03 PROTECTIVE COATING INSTALLATION
A. Apply Solar Shield Protective Coating in accordance with manufacturer's
application rates to achieve required warranty thicknesses. Gray base coat and
White top coat.
B. Thoroughly mix Solar Shield to assure uniformity, although supplied ready to use.
Solar Shield may be applied by brush, roller, and by either conventional or airless
spray equipment.
C. Inspect base coat and top coat applications for holidays and correct thickness. Ten
year warranty requires coated surfaces above minimum 27 mils thickness with
average thickness being 30 mils.
07560 - 5 PKG V09
3.04 JOB COMPLETION
A. Inspect completed roofing and correct all defects to meet the specification
requirements.
B. Manufacturer's representative shall inspect the completed roofing system and notify
the Contractor and Architect of any defects in the application.
C. Clean up all debris, excess materials and equipment and remove from site daily.
D. Clean any P or drips spills.
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E. Restrict construction traffic and equipment movement on the completed roofing to
only essential personnel. Provide appropriate protection against traffic and
construction activities on completed roofs.
END OF SECTION
I
07560 - 6 PKG V09
SECTION 07951
CAULKING AND SEALANTS
PART 1 - GENERAL
1.01 JOB CONDITIONS
A. Joints. Dry, clean, and free of grease, oil, wax, tar, asphalt, mastic compounds,
' waterproofing agents or other foreign materials.
PART 2 - PRODUCTS
2.01 SEALANT
A. Sealant Primer: As manufactured and recommended by the sealant manufacturer in
writing. All sealants must be used with a primer. If the manufacturer does not
routinely require a primer, obtain a recommendation to fill this requirement.
B. Sealant Backup Material: As manufactured or recommended by the sealant
manufacturer for the substrate type and joint design on this project. Unless indicated
or specified otherwise, all joints must have a backup material sized to be slightly
compressed in the joint when installed.
C. Color: To match the adjacent substrate as closely as possible with standard stock
colors.
D. Sealant Type for General Use: FS TT-S-230C (COM-NBBS) (Feb. 2, 1970)
including Amendment 2 (Oct. 9, 1970) single component sealing compound, Type
II, Class A. Sealant material must be urethane or acrylic polymer.
E. Use sealants whose date of manufacture shows they have not exceeded their shelf
life. Do not use sealants with a date of manufacture more than 12 months old.
PART 3 - EXECUTION
3.01 APPLICATION
A. Remove corrosion from steel surfaces with hand or power driven wire brush, then
clean surface with solvent. Scrape wood surfaces to remove loose paint and foreign
matter and sandpaper to roughen surface. Construct joint such that sealant depth is
equal to 1/2 width but not less than 1/4" deep. Where necessary,joints shall be
07951 - 1 PKG V09