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Contract 25989
` r00 COPY FOR: C" SsCnTARY COMRA001 MYSECIEW cff mmlAcg ONO r PROJECT M ROOF REPLACEMENT TEN BLDGS / PKG V03 CITY OF FORT 'WORTH FOUR LOCATIONS FORT WORTH, TEXAS VAUGHN ARCHITECTS PLUS 3550 Hulei► * Forl Worlh, Texas 76107 817/732-5651 City of Fort Worth, Texas qViloor and council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/23/00 **C-18018 1 20V03 1 of 2 SUBJECT AWARD CONSTRUCTION CONTRACT TO AA APPLICATORS, INC. FOR ROOF REPLACEMENT ON TEN BUILDINGS AT FOUR LOCATIONS V03 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with AA Applicators, Inc. for Roofing Project V03, to replace roofs on 10 buildings at four locations for a total amount of$72,556, and a duration of 90 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 on March 9 and 16, 2000. On April 6, 2000, the following bids were received: BIDDERS BID CALENDAR DAYS AA Applicators, Inc. $72,556 90 Steel-Lite Roofing, Inc. $76,992 60 The insurance adjuster estimated the cost for these ten buildings to be $42,000. The unit prices for the asphalt shingles, metal roofing and elastomeric coatings were below the marked cost. The difference between costs estimated by the insurance company and the bid prices has averaged 52% on previous projects. Review of the contractor estimates verified the responsiveness of the bid. The architect recommended award to the low bidder. A waiver of the M/WBE requirement was requested by the department and approved by the M/WBE Office because the purchase of goods or services is from a source where subcontracting or supplier opportunities are negligible. The facilities are located in the following Council Districts: COUNCIL DISTRICT 2: North District Maintenance Area (4 buildings) COUNCIL DISTRICT 7: Como Pool (2 buildings) COUNCIL DISTRICT 9: South Service Center (4 buildings) City of Fort Worth, Texas 4Vnijor rand Coun"K C:ommunication DATE REFERENCE NUMBER LOG NAME PAGE 5/23/00 **C-18018 20V03 2 of 2 SUBJECT AWARD CONSTRUCTION CONTRACT TO AA APPLICATORS, INC. FOR ROOF REPLACEMENT ON TEN BUILDINGS AT FOUR LOCATIONS V03 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Insurance Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 �M{' APPROV`ED CITYOriginating Department Head: COUNCIL. Hugo Malanga 7801 (from) MAY 'Q 2000 FE71 534260 0157150 $72,556.00 Additional Information Contact: .~'1 Hugo Malanga 7801 fYtT of Fwt Rorft T"" PROJECT MANUAL ROOF REPLACEMENT TEN BLDGS / PKG V03 r CITY OF FORT WORTH r FOUR LOCATIONS r FORT WORTH, TEXAS 1' i I VAUGHN ARCHITECTS PLUS , 3550 Huleu Fort Worth, Texas 76107 • 817/732-5651 T T PROJECT MANUAL For ROOF REPLACEMENT TEN BUILDINGS 1 PKG V03 CITY OF FORT WORTH Four Locations Fort Worth, Texas KENNETH BARR - MAYOR I. BOB TERRELL- CITY MANAGER w - Project Manager: TRANSPORTATION AND PUBLIC WORKS 1000 Throckmorton Ft. Worth, Texas 76102 Recommend Approval: nt> Mike Ma e ,e. hief, Architectural Services Section I Approval: 2� Gary Yell, u e dent of Building Services Division Expires 7-31-00 Consulting Architect: RED VAUGHN ARCHITECTS PLUS �e�a�"Po 7a"c ✓ �j 3550 Hulen Suite E ' •e Ft. Worth, Texas 76107 ($17) 732-5651 375 •°• P ., ($17) 732-0562 Fax '44 °0F'��'�' /"Lob Job. Number 96040 103 Date: February 2000 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 Table----------------------------------------------------------WT-1 WageRates-------------------------------------------------------------WR-1 Texas Certificate of Exemption--------------------------------------Form (1page) Project Designation Sign---------------------------------------------Form (lpage) Construction Contract-------------------------------------------------C-1 thru C-2 Performance Bond-----------------------------------------------------Form (2 pages) Payment Bond----------------------------------------------------------Form (2 pages) Certificate of Insurance-----------------------------------------------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---------------------------------------------1 thru 4 07410 - Manufactured Roof Panels---------------------------------1 thru 3 07560 - � Roofing --------------------1 thru 6 Fluid-Applied PP 8----------------- 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=31-00 TC - 1 PKG V03 NOTICE TO BIDDERS Sealed bids for Roof Replacement, Ten Buildings/Pkg V03, Four Locations, Fort Worth,will be received at r the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth,76107, until 1:30 P.M., Thursday,April 06, 2000,and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. A Mandatory Pre-Bid Conference will be held at 10:30 AM,Tuesday,March 28,2000,at the Conference Room of the Building Services Division, City of Fort Worth, 3409 Harley Avenue. The Project consists of replacing approximately 125 squares of asphalt shingle roofing, approximately 30 squares of R-Panel Metal Roofing and approximately 60 squares of elastomeric roof system. 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 the design architect, Don Strickland,Vaughn Architects Plus, (817) 732- 5651. Advertisement: March 09,2000 March 16,2000 NTB- I 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 specified • Acknowledge all addenda on the Proposal Form • Have a Principal sign the Proposal • Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard bid bond. Personal checks are not acceptable. Note Project Name on the check or bid bond 2. MINORITYMOMENS 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- I 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 i 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 �r requirements: Y Contractors Qualification Statement(AIA Form A305) Proposed Subcontractors and Suppliers Product Data and Installer Certifications 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 d 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. ITB-2 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. 15. PLAN DEPOSIT:The City will deposit plan deposit checks to its account two weeks following receipt of bids. Plans must be returned by all except the apparent low bidder prior to that time. Contractors forfeit their plan deposit after that time. 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 manufacturer's references are descriptive,not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the 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 listed as"no substitute accepted",the City will accept no alternates to the specified equipment. r 00000 Y ITB-3 PROPOSAL T0: MR. BOB TERRELL CITY MANAGER CITY OF FORT WORTH,TEXAS FOR: ROOF REPLACEMENT TEN BUILDINGS/PKG V03 FOUR 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,Ten Buildings/Pkg V03, Four Locations $ 72,556.00 The undersign ed. agrees to complete the Work within 90 (Write in if blank)calendar days after the date of Notice tq'Oroceed. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. i 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. Ll Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. Ll Non-resident vendors In (give state),are not required to underbid resident bidders. B. U Our principal place of business or corporate offices are in the State of Texas. P- I a t i i i i i i i i i i i i i 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($^I is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000) • 1 am aware that I must submit information the Director,Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be rRESPONSIVE. Respectfully submitted, AA APPLICATORS, INC. Co panyNa e By: _ e Signa ure Printed Name of Princip ale Address: 2632 CHALK HILL ROAD Street DALLAS, TEXAS 75212 City ZP I Phone: (214) 637-4927 Fax: (214) 637-5447 Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No.3: i Addendum No.2: Addendum No.4: r 4 f P-2 City of Fort Worth, Texas TransportationlPubl/c Works Department Building Services Division/Archifectural Services Section GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SECTION A or at the request of the Contractor,or Owner,and will be issued DEFINITIONS,PROCEDURES AND INTERPRETATIONS with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations A-1 CONTRACT DOCUMENTS. By the term Contract shall be consistent with the purposes and intent of the Plans and Documents is meant all of the written and drawn documents Specifications and may be effected by Field Order. In the event setting forth or affecting the rights of the parties,including but not of any dispute between any of the parties to the Contract and the necessarily limited to,the Contract,Notice to Bidders,Proposal, Architect or each other involving the interpretation of the Contract General Conditions, Special Conditions, Specifications, Plans, Documents, the evaluation of work or materials performed or Bonds and all Addenda, Amendments signed by all parties, furnished by the Architect Contractor, or any subcontractor or Change Orders, written Interpretations and any written Field materialsman,or involving any question of fault or liability of any Order for a minor change in the Work. party,the decision of the Owner shall be final and binding. A-2 ENTIRE AGREEMENT. The Contract Documents In the event of inconsistency in the contract documents, the represent the entire agreement between the Parties,and no prior following sequence for interpretation shall be used in order of or contemporaneous,oral or written agreements,instruments or precedence: Change Orders and/or Field Orders (by date of negotiations shall be construed as altering the terms and effects isst�nce);Addenda(by date of issuance);Drawings;Notes and of the Contract Documents. After being executed,the Contract dimensions on Drawings; Technical Specifications; Special Documents can be changed only by a written Amendment signed Provisions; Supplementary General Conditions; General by the Contractor and the Owner, or Change Order, or by a Conditions;and.Construction Contract. written Field Order for a minor change. A-9 COPIES OF WORKING DRAWINGS AND A-3 WORK. By the term Work is meant all labor, SPECIFICATIONS. The Architect will furnish to Contractor free supervision,materials and equipment necessary to be used or of charge 15 sets of working Drawings and 15 sets of incorporated in order to produce the construction required by Specifications. Contractor shall pay the cost of reproduction for Contract Documents. all other copies of Drawings and Specifications furnished to him. A-4 EXECUTION OF THE CONTRACT DOCUMENTS. All Drawings,Specifications and copies thereof furnished by the The Contract Documents shall be executed in sic originals by the Owner of the Architect are and shall remain the property of the Contractor and the Owner in such form as may be prescribed by Owner. They are not to be used on any other project and,with law. the exception of one Contract set for each Party to the Contract, are to be returned to the Owner on request at the completion of A-5 FAMILIARITY WITH PROPOSED WORK. Before the work. filing a bid,the bidder shall examine carefully the proposal,plans, specifications,special provisions,and the form of contract to be A-10 MINORITY AND WOMENS BUSINESS entered into for the work contemplated. He shall examine the site ENTERPRISE POLICY. The City of Fort Worth has goals for the of work and satisfy himself as to the conditions that will be participation of disadvantaged business enterprises in City encountered mating to the character,quality and quantity of work contracts. Compliance with the policies designed to meet these to be performed and materials to be furnished. The filing of a bid goals is mandatory in order to be considered a responsive bidder. by the bidder shall be considered evidence that he has complied The City policy and procedures to be followed in submitting bids with these requirements and has accepted the site as suitable for is included. the work. The Cly of Fat Worth MWBE Program will take precedence over Claims for additional compensation due to variations between other subconlradtor 1 on programs on Block Grant and other conditions actually encountered in construction and as indicated Federally funded Projects. by the plans will not be allowed. A-11 CORRELATION AND INTENT. In general, the A-& ONE UNIFIED CONTRACT. Insofar as possible,the drawings indicate dimension,locations,positions,quantities,and Contract Documents will be bound together and executed as a kinds of construction;the specifications indicate the quality and single unified Contract,the intention of the Contract Documents construction procedures required. Work indicated on the being to provide for all labor,supervision,materials,equipment drawings and not specified of vice-versa,shall be furnished as and other items necessary for the proper execution and though set forth in both. Work not detailed,marked or specified completion of the Work. Words that have well recognized shall be the same as similar parts that are detailed,marked or technical or trade meanings are used herein in accordance with specified. If the drawings are in conflict or conflict with the such recognized meanings, specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. A-7 DIVISION OF WORK. The arrangement of Drawings Dimensions on drawings shall take precedence over small-scale and/or Specifications into Divisions,Sections,Articles,or other drawings. Drawings showing locations of equipment, piping, Subdivisions shall not be binding upon the contractor in dividing ductwork, electrical apparatus, etc., are diagrammatic and job the work among Subcontractors or Trades. conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. A-S INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be A-12 AGE In accordance with the policy("Policy")of the necessary for the proper execution or progress of the work. Such Executive Branch of the federal government, Contractor Interpretations shall be furnished at the instance of the Architect covenants that neither lt nor any of its officers,members,agents, GC- I of 23 10/11/99 employees, program participants or subcontractors, while the portion thereof allocatable to the work not completed and engaged in performing this contract,shall,in connection with the further reduced by the amount of payments, if, any otherwise employment, advancement or discharge of employees or in made. Contractor shall submit its claim for amounts due after connection with the terms,conditions or privileges of their employ- termination as provided in this paragraph within 30 days after ment,discriminate against persons because of their age except receipt of such claim. In the event of any dispute or controversy on the basis of a bona fide occupational qualification,retirement as to the propriety or alkiwability of all or any portion of such claim plan or statutory requirement. under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Contractor further covenants that neither it nor its officers,mem- Worth,and the decision by the City Council of the City of Fort bers,agents,employees,subcontractors,program participants, Worth shall be final and binding upon all parties to this contract or persons acting on their behalf,shalt specify,in solicitations or advertisements for employees to work on this contract, a B-3 DUTIES OF THE ARCHITECT As used herein,the maximum age limit for such employment unless the specified term Architect means the Architect or his authorized maximum age limit is based upon a bona fide occupational qualifi- representative. Nothing contained in these Contract Documents cation,retirement plan or statutory equipment. shall create any privity of Contract between the Architect and the Contractor. Contractor warrants it will fully comply with the Policy and will defend,indemnity and hold City harmless against any claims or B4 ARCHITECT AS REPRESENTATIVE OF THE allegations asserted by third parties or subcontractor against City OWNER The Architect will provide general administration of the arising out of Contractor's and/or its subcontractors' alleged Contract on behalf of the Owner and will have authority to act as failure to comply with the above referenced Policy concerning age the representative of the Owner to the extent provided in the discrimination in the performance of this agreement. Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations A-13 DISABILITY:In accordance with the provisions of the with the Owner or the Contractor at all reasonable times. Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not B-5 ACCESS TO JOB SITES. The Architect shall at all unlawfully discriminate on the basis of disability in the provision times have access to the Work whenever it is in preparation and of services to the general public, nor in the availability, terms progress. The Contractor shall provide facilities for such access and/or conditions of employment for applicants for employment so the Architect may perform its assigned functions under the with, or employees of Contractor or any of its subcontractors. Contract Documents. Contractor warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning The Architect will make periodic visits to the Site to familiarize disability and will defend, indemnify and hold City harmless himself with the progress and quality of the work and to determine against any claims or allegations asserted by third parties or if the work is proceeding in accordance with the Contract subcontractors against City arising out of Contractors and/or its documents. On the basis of on-site observations,the Architect subcontractors' alleged failure to comply with the will keep the Owner informed of the progress of the Work and will above-referenced laws concerning disability discrimination in the endeavor to guard the Owner against defects and deficiencies in performance of this agreement. the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Architect will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for SECTION B payment amounts. IDENTITY OF ARCHITECT B-6 INTERPRETATIONS. The Architect will be,in the first B-1 CONTRACT ADMINISTRATION. Where the term instance, the interpreter of the requirements of the Plans and "Architect"is used in the"General Conditions of the Contract for Specifications and the judge of the performance thereunder by Construction", it shall refer to the Director,Transportation and the Contractor,subject to the final decision of the Owner. Public Works or his designated Project Manager. The Director, Transportation will designate a Project Manager and Construction The Architect's decisions in matters relating to artistic effect will Manager to administer this contract and perform the functions of be final if consistent with the intent of the Contract Documents. the "Architect" as indicated in the General Conditions. The design architect or engineer may also be designated to perform B-7 AUTHORITY TO STOP WORK. The Architect will the duties of"Architect". have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in its reasonable B-2 TERMINATION AND SUSPENSION OF WORK:The opinion,the Architect considers it necessary or advisable in order Owner has the right to terminate the Project for any reason. If the to insure the proper realization of the intent of the Plans and project is terminated,the Contractor shall: Specifications, the Architect will have authority to require the Contractor to stop the Work or any portion thereof,or to require a) Stop work under the Contract on the date and to the special inspection or testing of the Work whether or not such extent specified on the notice of termination. Work be then fabricated,installed or completed. b) Place no further orders or subcontracts except as may B-8 MISCELLANEOUS DUTIES OF ARCHITECT. be necessary for the completion of the work not terminated. Shop Drawings. The Architect will review Shop Drawings and C) Terminate all orders and subcontracts to the extent that Samples as provided in Section D. Two copies of each approved they relate to the performance of the work terminated by the Shop Drawing and submittal will be provided to the Owner by the notice of termination. Architect. After termination as above, the City will pay the contractor a Change Orders. Change Orders and Field Orders for Minor proportionate part of the contract price based on the work Changes in the Work will be issued by the Owner through the completed; provided, however,that the amount of payment on Architect in accordance with the provisions of Section L. termination shall not exceed the total contract price as reduced by GC-2of23 10/11/99 Guarantees. The Architect will receive on behalf of the Owner all C-6 AUTHORITY TO STOP WORK. The Owner will have written guarantees and related documents required of the authority to reflect work that does not conform to the Plans and a" Contractor.Upon completion of the project the Contractor shall Specifications. Whenever,in its reasonable opinion,the Owner provide the Architect five copies of each guarantee.The Architect considers it necessary or advisable in order to insure the proper will provide three copies of each guarantee to the Owner realization of the inters of the Plans and Specifications,the Owner will have authority to require the Contractor to stop the work or any Inspections The Architect will conduct inspections for the portion thereof,or to require the Contractor to stop the Work or purpose of determining and making his recommendations any portion thereof,or to require special inspection or testing of concerning the dates of substantial completion and final the Work whether or not such Work be then fabricated,installed completion. or completed. Operation and Maintenance Manuals The Architect will receive on C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon behalf of the Owner, sir copies of all applicable equipment agreement of the Contractor and Architect that the Work is installation,operation,and maintenance brochures and manuals substantially complete, the Owner will schedule a Substantial required of the Contractor. The Architect will provide three copies Completion Inspection to be conducted by the Architect and of this information to the Owner. attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being B3 TERMINATION OF THE ARCHITECT. In case of the incomplete, defective or deficient shall be incorporated into a termination of the employment of the Architect by the Owner,the punch fist to be prepared by the Architect and attached to the AIA -� Owner shall either assume the duties of the Architect through the document G704, which is to be prepared and signed by the Director of the Department of Transportation and Public Works, Contractor,and accepted,approved and signed by the Owner, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. C-8 RIGHT TO AUDIT: SECTION C Contractor agrees that the City shall,until the expiration of three OWNER years after final payment under this contract,have access to and the right to examine any directly pertinent books, documents, C-1 IDENTIFICATION. By the term Owner is meant the papers and records of the contractor involving transactions City of Fort Worth acting herein by its duly authorized relating to this contract. representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Contractor further agrees to include in all his subcontracts Manager,the Director and of Transportation and Public Works hereunder a provision to the effect that the subcontractor agrees Department and members of the Building Services Division. that the City shall, until the expiration of three years after final Generally speaking a designated representative will be identified payment under the subcontract,have access to and the right to from within the Building Services Division to act as a point of examine any directly pertinent books, documents, papers and contact for day to day contract administration. records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used herein includes C-2 DUTIES OF THE OWNER. The Owner shall furnish purchase orders. surveys describing the physical characteristics,legal limits and utility locations for the site of the Work;provided,however,that Contractor agrees to photocopy such documents as may be the Contractor hereby covenants that he has inspected the requested by the city. The city agrees to reimburse Contractor for premises and familiarized himself therewith and that the locations the costs of copies at the rate published in the Texas of utilities and other obstacles to the prosecution of the Work as Administrative Code. shown on the Owner's survey are for information only,are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or SECTION D deficiencies in such surveys. The Owner shall secure and pay CONTRACTOR for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the D-1 IDENTIFICATION. The Contractor is the person or prosecution of the Work in such manner and to such extent as organization identified as such in the Contract. The term may be reasonable and shall furnish information under its control Contractor means the Contractor or his authorized representative. with reasonable promptness at the request of the Contractor. D-2 INDEPENDENT CONTRACTOR Contractor shall C3 INSTRUCTIONS. The Owner shall issue all perform all work and services hereunder as an independent instructions to the Contractor through the Architect. contractor,not as an officer,agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right C4 ACCESS TO JOB SITE. The Owner shall at all times to control the details of the work and services performed have access to the Work whenever it is in preparation and hereunder,and all persons performing same,and Contractor shall - progress. The Contractor shall provide facilities for such access be solely responsible for the acts and omissions of its officers, so the Owner may perform its assigned functions under the agents,and employees. Nothing herein shall be construed as Contract Documents, creating a partnership or joint enterprise between City and the Contractor,its officers,agents and employees,and the doctrine C3 PROGRESS INSPECTIONS. The Owner and the of respondeat superior shall not apply. Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work D3 SUBLETTING It is further agreed that the performance is proceeding in accordance with the Contract documents. On of this Contract,either in whole or in part,shall not be sublet or the basis of on-site observations and reports provided by the assigned to anyone else by said Contractor without the written Architect concerning the progress and quality of the work,the consent of the Director of Transportation and Public Works of the Owner will approve and audvxtze the Contractor's applications for 'City of Fort Worth. payments. D4 REVIEW OF CONTRACT DOCUMENTS. The +� Contractor shall carefully study and compare the Agreement, GC-3of23 10/11/99 Conditions of the Contract,Drawings,Specifications,Addenda performs any Work knowing that it is in violation of,or contrary to, and modifications and shall at once report to the Owner and to the any of such Laws, Statutes, Charter, Ordinances, Orders or Architect any error,inconsistency or omission he may discover. Directives, or Regulations without furnishing Notice to the The Contractor shall do no work without Drawings,Specifications Architect,the Contractor will assume full responsibility therefor and Interpretations. and bear all costs attributable thereto. D-5 SUPERVISION. The Contractor shall supervise and D-11 CASH ALLOWANCES. The Contractor shall include direct the Work, using his best skill and attention. He shall be in the Contract Sum all allowances stated in the Contract solely responsible for all construction means, methods, Documents. These allowances shall cover the net cost of the techniques,sequences and procedures and for coordinating all materials and equipment delivered and unloaded at the site,and portions of the Work under the Contract Documents. all applicable taxes.The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses D-6 LABOR AND MATERIALS. Unless otherwise contemplated for the original allowance shall be included in the specifically noted, the Contractor shall provide and pay for all Contractor Sum and not in the allowance.The Contractor shall labor, materials, equipment,tools, construction equipment and cause the Work covered by these allowances to be performed for w>� machinery,water,heat,utilities,transportation and other facilities such amounts and by such persons as the Architect may direct, and services necessary for the proper execution and completion but he will not be required to employ persons against whom he of the Work. makes a reasonable objection.If the cost,when determined,is more than or less than the allowance,the Contract Sum shall be The successful low bidder will use its reasonable best efforts to adjusted accordingly by Change Order which will include hire local laborers,workmen and materialmen. The general additional handling costs on the site,tabor,installation costs,field condition is not to be constructed as limiting the right of any overhead, profit and other direct expenses resulting to the bidder to employee laborers, workmen or materialmen from Contractor from any increase over the original allowance. outside local area. D-12 SUPERINTENDENT. The Contractor shall employ a The Contractor shall at all times enforce strict discipline and good competent superintendent and necessary assistants who shall be order among his employees,and shall not employ on the Work in attendance at the Project site during the progress of the Work. any unfit person or anyone not skilled in the task assigned to him. The superintendent shall be satisfactory to the Contractor and the Owner.The superintendent shall represent the Contractor and all D-7 PREVAILING WAGE RATE. The Contractor agrees communications given to the superintendent shall be binding as to pay not less than the general prevailing rate of per diem wages if given to the Contractor. Important communications will be for Work of a similar character in the locality in which the Work is confirmed in writing.Other communications will be so confirmed performed,and not less than the general prevailing wage of per on written request in each case. diem wages for a legal holiday and overtime work to all laborers, workmen and mechanics employed on the Work under this D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB- Contract. The Contractor agrees to pay at least the minimum CONTRACTORS. The Contractor shall be responsible to the wage per hour for all labor as the same is classified and set out Owner for the acts and omissions of all his employees and all by the City of Fort Worth, Texas, a copy of which is attached Sub-contractors, their agents and employees, and all other hereto and made a part hereof the same as if it were copies persons performing any of the Work under a contract with the verbatim herein. Contractor. D-8 WARRANTY. The Contractor warrants to the Owner D-14 FAILURE TO COMMENCE WORK: Should the and the Architect that all materials and equipment furnished Contractor fail to begin the work herein provided for within the under this Contract will be new unless otherwise specified,and time herein fixed or to carry on and complete the same according that all work will be of good quality,free from faults and defects, to the true meaning of the intent and terms of said Plans, and in conformance with the Contract Documents. All work not Specifications and Contract Documents,then the Owner shall so conforming to these standards may be considered defective. have the right to either demand the surety to take over the work If required by the Architect or the Owner,the Contractor shall and complete same in accordance with the Contract Documents furnish satisfactory evidence as to the kind and quality of or to take charge of and complete the work in such a manner as materials and equipment. I may deem proper,and if,in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in The warranty provided in this Section shall be in addition to and the said plans and specifications made a part hereof, the not in limitation of any other warranty or remedy provided by law Contractor and/or its Surety shall pay said City on demand in or the Contract Documents. writing,setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-9 TAXES. The Contractor is exempt from State Sales Tax on material incorporated into the finished construction,Excise D-15 PROGRESS SCHEDULE. The Contractor, and Use Tax. immediately after being awarded the contract,shall prepare and submit for the Architect's approval, an estimated progress D-10 LICENSES,NOTICES AND FEES. The Contractor schedule for the Work.The progress schedule shall be related to shall obtain all Permits,Licenses,Certificates,and Inspections, the entire Project.This schedule shat indicate the dates for the whether permanent or temporary, required by law or these starting and completion of the various sues of construction and Contract Documents, shall be revised as required by the conditions of the Work, subject to the Architect's approval.It shall also indicate the dates The Contractor shall give all Notices and comply with all Laws, for submission and approval of shop drawings and submittals as Ordinances, Rules, Regulations and Orders of any public well as the delivery schedule for major pieces of equipment and/or authority bearing on the performance of the Work. If the materials. Contractor observes or becomes aware that bearing on the Performance of the Work.If the Contractor observes or becomes The progress schedule shall be updated at least monthly by the aware that any of the Contract Documents are at variance contractor and submitted to the Architect for approval with the therewith in any respect,he shall promptly notify the Architect in Contractor's monthly progress payment requests. writing and any necessary changes will be made.If the Contractor GC-4of23 e� 10/11/99 D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE. Contract Documents and shall not unreasonably encumber the The Contractor shall maintain at the site for the Owner one copy site with any materials or equipment.Until acceptance of the work of all Drawings, Specifications, Addenda, approved Shop byte City Council of the City of Fort Worth,the entire site of the Drawings,Change Orders,and other Changes and Amendments Work shall be under the exclusive control,pre and responsibility in good order and marked to record all changes made during of the Contractor.Contractor shall take every precaution against construction.These shall also be available to the Architect. The injury or damage to persons or property by the action of the Drawings, marked to record all changes made during elements or from any other cause whatsoever.The Contractor construction,shall be delivered to the Architect upon completion shall rebuild,repair,restore and make good at his own expenses of the Work,and the Architect will prepare,and provide to the all injuries or damages to any portions of the Work occasioned by Owner,one complete set of reproducible record drawings of the any of the above,caused before acceptance. work. D-19 SAFE WORK PRACTICES. The Contractor shall D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings employ safe practices in handlirxs materials and equipment used are drawings, diagrams, illustrations, schedules, performance in performing required work so as to insure the safety of his charts, brochures and other data which are prepared by the workmen,City employees and the public. The Contractor shall Contractor or any Subcontractor, manufacturer, supplier or keep the premise free at all times from accumulation of waste distributor,and which illustrate some portion of the Work. materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and Samples are physical examples furnished by the Contractor to about the work area,as well as his tools,equipment and surplus �lustrate materials,equipment or workmanship,and to establish materials and shall leave the area as clean and free of spot, standards by which the Work will be judged. stains,etc.,as before the work was undertaken. The Contractor shall review,stamp with his approval and submit, D-20 FIELD OFFICES AND SHEDS The Contractor is not with reasonable promptness and in orderly sequence so as to required to provide a temporary field office or telephone for cause no delay in the Work or in the work of any other contractor, projects under $500,000. Contractor shall equip the Project normally within the first 90 days of the work,sic copies of all shop Superintendent with a pager and provide 24-hour contacts to the Drawings and Samples required by the Contract Documents or City. subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly D-21 TRENCH SAFETY The Contractor shall be identified as specified,or as the Architect may require.At the time responsible for all design and implementation of trench shoring of submission the Contractor shall inform the Architect in writing and stabilization to meet regulatory requirements. If the Proposal of any deviation in the Shop Drawings or Samples from the requires,the Contractor shall mclude a per unit cost for trench requirements of the Contract Documents, safety measures in his bid. If not included in the Proposal,the Contractor shall include a cost for trench safety measures for all By approving and submitting Shop Drawings and Samples,the trenches over 5 feet in depth in his Schedule of Values. Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, D-22 CUTTING AND PATCHING OF WORK. The rcatalog numbers and similar data,and that he has checked and Contractor shall do all cutting,fitting or patching of his Work that coordinated each shop drawing given in the Contract Documents. may required to make its several parts fol together properly,and The Architect's approval of a separate item shall not indicate shall not endanger any Work by cutting,excavating or otherwise approval of an assembly in which the Rem functions. altering the Work or any part of d. The Architect will review and approve Shop Drawings and D-23 CLEAN UP. The Contractor at all times shall keep the 1 Samples with reasonable promptness so as to cause no delay, premises free from accumulation of waste materials or rubbish. but only for conformance with the design concept of the Project At the completion of the Work he shall remove all his waste and with the information given in the Contract Documents.The materials and rubbish from and about the Project as well as all his Architect's approval of a separate Rem shall not indicate approval tools,construction equipment,machinery and surplus materials, of an assembly in which the item functions. and shall clean all glass surfaces and leave the Work'Broom- clean"or Is equivalent,except at otherwise specified.In addition The Contractor shall make any corrections required by the to removal of rubbish and leaving the buildings'broom-clean", Architect and shall resubmit the required number of corrected Contractor shall clean all glass,replace any broken glass,remove copies of Shop Drawings or new Samples until approved.The stains, spots, marks and dirt from decorated work, clean Contractor shall direct specific attention In writing or on hardware, remove paint spots and smears from all surfaces, resubmitted Shop Drawings to revisions other than the clean fixtures and wash all concrete,tile and terrazzo floors. corrections requested by the Architect on previous submissions. If the Contractor fails to clean up,the Owner may do so,and the The Architect's approval of Shop Drawings or Samples shall not cost thereof shall be charged to the Contractor. relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor D-24 COMMUNICATIONS. As a general rule, the has informed the Architect in writing of such deviation at the time Contractor shall forward all communications to the Owner through of submission and the Architect has given written approval to the the Architect, and in all other instances the Contractor shall specific deviation. Architect's approval shalt not relieve the furnish the Architect a copy of any communication sent directly to Contractor from responsibility for errors or omissions in the Shop the Owner. Drawings or Samples. SECTION E No portion of the Work requiring a Shop Drawing or Sample SUBCONTRACTORS submission shall be cornmenced until the Architect has approved the submittal. All such portions of the Work shall be in E-1 DEFINITION. A Subcontractor is a person or accordance with approved Shop Drawings and Samples. organization who has a direct contract with the Contractor to perform any of the Work at the site.The term Subcontractor is D-18 SITE USE. The Contractor shall confine operations at referred to throughout the Contract Documents as if singular in FM the site to areas permitted by law,ordinances,permits and the GC-5 of 23 10/11/99 number and masculine in gender and means a Subcontractor or All of the provisions set out in this section shall be deemed to his authorized representative. have been included in every subcontract,and every subcontract shall be so construed and applied as to the Owner and the Nothing contained in the Contract,Documents shall create any Architect,whether or not such provisions are physically included contractual relation between the Owner and the Architect and any in the sub-contract. subcontractor or any of his sub-subcontractors or materialmen. E3 MINORITY AND WOMENS BUSINESS E-2 AWARD OF SUBCONTRACTS. The bidder shall ENTERPRISE IM/WBEI. Should the base bid be less than famish a list of the names of the subcontractors or other persons $25,000,the requirements of this section do not apply. or organizations(including those who are to furnish materials or equipment fabricated to a special design) proposed for such In accordance with City of Fort Worth Ordinance No 11923,the portions of the Work as may be designated in the bidding City of Fort Worth sets goals for the participation of minority requirements, or if none is so designated in the bidding business enterprises and women business enterprises in City requirements,the names of the Subcontractors proposed for the contracts. Ordinance No 11923 is incorporated in these principal portions of the Work.Prior to the award of the Contract, Specifications by reference.A copy of the Ordinance may be the Architect shall notify the successful bidder in writing if either obtained from the Office of the City Secretary. Failure to comply the Owner or Architect,after due investigation,has reasonable with the Ordinance shall be a material breach of contract. objection to any person or organization on such list.Failure of the Owner and Architect to make an objection to any person or The M/WBE UTILIZATION FORM,M/WBE GOALS WAIVER organization on the list prior to the award of this Contract shall not FORM and GOOD FAITH EFFORT FORM,as applicable,must constitute acceptance of such person or organization. be submitted within five city business days after bid opening. Failure to submit the post bid information shall render the bid non- If,prior to the award of the Contract,the Owner or Architect has responsive. an objective to any person or organization on such fist, and refuses to accept such person or organization,the apparent low The City will consider the contractor's performance on other City bidder may,prior to the award,withdraw his bid without forfeiture Projects regarding its M/WBE program in the evaluation of bids. of bid security.If such bidder submits an acceptable substitute, Failure to comply with the Citys M/WBE program,or to demon- the Owner may, at its discretion, accept the bid or he may strate a"good faith effort",shall result in a bid being considered disqualify the bid. If, after the award, the Owner or Architect irresponsible. objects in writing to any person or organization on such list,the Contractor shall provide an acceptable substitute. Upon request, Contractor must provide the City with complete and accurate information regarding actual work performed by a The Contractor shall not make any substitution for any Minority or Women Business Enterprise(M/WBE)on the contract Subcontractor or person or organization that has been accepted and proof of payment thereof. Contractor further agrees to permit by the Owner and the Architect, unless the substitution is also an audit and/or examination of any books,records or files in it's acceptable to the Owner and the Architect. possession that will substantiate the actual work performed by an MI WBE. The misrepresentation of acts(other than a negligent E3 TERMS OF SUBCONTRACTS. All work performed misrepresentation) and/or the commission of fraud by the for the Contractor by a Subcontractor shall be pursuant to an Contractor will be grounds for termination of the contract and/or appropriate agreement between the Contractor and the initiating action under appropriate federal,state,or local laws or Subcontractor(and where appropriate between Subcontractors ordinances relating to false statement. Further any such and Sub-subcontractors)which shall contain provisions that: misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being 1, preserve and protect the rights of the Owner and the determined to be irresponsible and barred from participating in Architect under the Contract with respect to the Work to be City work for a period of time of not less than three years. Wormed under the subcontract so that the subcontracting thereof will not prejudice such rights; Contractor shall provide copies of subcontracts or cosigned 2. airs that such Work be performed in accordance with the letters of intent with approved MNVBE subcontractors prior to p issuance of the Notice to Proceed. Contractor shall also provide requirements of the Contract Documents; monthly reports on utilization of the subcontractors to the 3. require submission to the Contractor of applications for Construction Manager, payment under each subcontract to which the Contractor is a party,in reasonable time to enable the Contractor to apply The Contractor may count first and second tier subcontractors for payment; and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the 4. require that all claims for additional costs, extensions of contract with a joint venture equal to the percentage of the time, damages for delays or otherwise with respect to M/WBE participation in the joint venture for a clearly defined subcontracted portions of the Work shall be submitted to portion of the work to be performed. All subcontractors used in the Contractor(via any Subcontractor or Sub-subcontractor meeting the goals must be certified prior to the award of the where appropriate)in the manner provided in the Contract Contract. Documents for like claims by the Contractor upon the Owner; Whenever a change order affects the work of an M/WBE subcontractor or supplier, the MNVBE shall be given an 5. waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered excessopportuof to perform the work Whenever a change order a in r excess of 10%of the original contract,the M/WBE coordinator by the properly insurance,except such rights,if any,as they shall determine the goals applicable to the work to be performed may have to proceeds of such insurance held by the Owner, under the change order. and, 6. obligate each Subcontractor specifically to consent to the During the term of the contract the contractor shall: provisions of this Section I GC-6 of 23 10/11/99 1. Make no unjustified changes of deletions in it's M/WBE the Work,`the Contractor'in the Contract Documents in each participation commitments submitted with or subsequent to case shall be the contractor who signs each separate contract. �• the bid,and, F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. 2. If substantial subcontracting and/or substantial supplier The Contractor shall afford other contractors reasonable opportunities arise during the term of the contract which the opportunity for the introduction and storage of their materials and contractor had represented he would perform with his equipment and the execution of their work, and shall properly forces, the contractor shall notify the City before connect and coordinate his work with theirs. subcontracts or purchase orders are let, and shall be required to complywih modifications to goals as determined If any part of the Contractor's Work depends for proper execution by the City,and, or results upon the work of any other separate contractor,the Contractor shall inspect and promptly report to the Architect any 3. Submit a REQUEST FOR APPROVAL OF CHANGE apparent discrepancies or defects in such work that render it FORM,if the contractor desires to change or delete any of unsuitable for such proper execution and results.Failure of the the MANBE subcontractors or suppliers. Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, Justification for change may be granted for the following: except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. 1 Failure of subcontractor to provide evidence of coverage by Workers'Compensation Insurance Should the Contractor cause damage to the work or property of any separate contractor on the site,the Contractor shall, upon 2. Failure of subcontractor to provide required general liability due notice,settle with such other contractor by agreement,if he or other insurance. will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained,the 3. Failure of subcontractor to execute a standard subcontract Owner shall notify the Contractor who shall defend against such form in the amount of the proposal used by the Contractor suit at the Contractor's expense,and if any judgment against the in preparing his MANBE Participation plan Owner arises therefrom,the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, 4. Default by the M/WBE subcontractor or supplier in the court costs and expenses which the Owner has incurred in performance of the subcontract. connection with such suit. Other reasons at the discretion of the M/WBE Coordinator F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The Contractor shall do all cutting, felting or Within ten days after final payment from the City the contractor patching of his Work that may be required to fel it to receive or be shall provide the MANBE Office with documentation to reflect final received by the work of other contractors shown in the Contract participation of each M/WBE subcontractor and supplier used on Documents.The Contractor shall not endanger any work or any the project. other contractors by cutting,excavating or otherwise aftering any work and shall not cut or after the work of any other contractor E-6 PAYMENTS TO SUBCONTRACTORS. The except with the written consent of the Architect. Contractor shall pay each Subcontractor,upon receipt of payment from the Owner,an amount equal to the percentage of completion Any costs caused by defective or ill-timed work shall be bome by allowed to the Contractor on account of such Subcontractor's the party responsible therefor. Work. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. F4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsibility for If the Architect refuses to issue a Certificate for Payment for any cleaning up,the Owner may cleanup and charge thecost thereof cause which is the fault of the Contractor and not the fault of a to the several contractors as the Director of the Department of particular subcontractor, the Contractor shall pay that ransporon anl determine to Transportation Public Works shalbe just. Subcontractor on demand,made at any time after the Certificate for Payment would otherwise have been issued,for his Work to SECTION G r the extent completed,less the retained percentage. MISCELLANEOUS PROVISIONS The Contractor shall pay each Subcontractor a just share of any G-1 CONFLICT OF LAWS. The law of the place where insurance monies received by the Contractor,and he shall require the site is located shall govern the Contract.The Contractor must each Subcontractor to make similar payments to his familiarize himself and strictly comply with all Federal,State,and Subcontractors. County and City Laws, Statutes, Charter, Ordinances, Regulations,or Directives controlling the action or operation of The Architect may,on request and at its discretion,furnish to any those engaged upon the work affecting the materials used. He Subcontractor,if practicable,information regarding percentages shall indemnify and save harmless the City and all of its officers of completion certified to the Contractor on account of Work done and agents against any claim or liability arising from or based on by such Subcontractors. the violation of any such Laws,Statutes, Charter, Ordinances, Regulations, or Directives,whether by himself, his employees, Neither the Owner nor the Architect shall have any obfigation to agents or subcontractors. pay or to see to the payment of any monies to any Subcontractor. G-2 GOVERNING LAWS. It is mutually agreed and SECTION F understood that this agreement is made and entered into by the SEPARATE CONTRACTS parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of F-1 OWNER'S RIGHT. The Owner reserves the right to Texas with reference to and governing all matters affecting this award separate contracts in connection with other portions of the Contract,and the Contractor agrees to fully comply with all the Work. When separate contract are awarded for other portions of provisions of the same. i� GC-7 of 23 will 10/11/99 G3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In mail to the last business address known to him who gives the performing their duties under the Statutes of the State of Texas notice. and the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers G-8 SURETY BONDS; Surety Bonds are required on all granted the Owner herein,the officers,agents and employees of City contracts in excess of$25,000. The Contractor agrees,on the City of Fort Worth are engaged in the performance of a the execution of this Contract, and before beginning work, to governmental function and shall not incur any personal liability by make,execute and deliver to said City of Fort Worth good and virtue of such performance hereunder, except for gross sufficient surety bonds for the faithful performance of the terms negligence or willful wrong. and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution G3 COMPLIANCE WITH LAWS. Contractor agrees the of the work,such bonds being as provided and required in Article comply with all laws, Federal, state and local, including all 5160 of the Revised Civil Statutes of Texas,as amended,in the ordinances, rules and regulations of the City of Fart Worth, form included in the Contract Documents,and such bonds shall Texas. Materials incorporated into the finished Project are not be 100 percent of the total contract price,and the said surety subject to State Sales Tax. shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council Contractors are responsible for obtaining construction permits of the City of Fart Worth. from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with Bonds shall be made on the forms furnished by or otherwise the permit requirements and submit a copy of updated schedule acceptable to the City. Each bond shall be properly executed by to the Construction manager weekly. Building, plumbing, both the Contractor and the Surety Company. Bonds required by electrical and mechanical building permits are issued without the City shall be in compliance with all relevant local,state and charge. Water and sewer access fees will be paid by the City. federal statutes. Any other permit fees are the responsibility of the Contractor. To be an acceptable surety on the bond the name of the surety G3 INDEMNIFICATION:Contractor covenants and agrees should be included on the current U. S. Treasury List of to indemnify City's engineer and architect,and their personnel at Acceptable Securities(Circular 5701,and must be authorized to the project site for Contractor's sole negligence. In addition, do business in Texas. Sureties not listed in Circular 570 may = Contractor covenants and agrees to indemnify,hold harmless and write performance and payment bonds on a project without defend,at its own expense,the Owner,its officers,servants and reinsurance to the limit of 10 percent of its capital and surplus. employees, from and against any and all claims or suits for Such a surety must reinsure any obligation over 10 percent.The property loss,property damage,personal Injury,including death, amount in excess of 10 percent must be reinsured by reinsurers arising out of,or alleged to arise out of,the work and services to who are duty authorized,accredited,or trusteed to do business in be performed hereunder by Contractor, its officers, agents, the State of Texas. employees,subcontractors,licensees or invitees,whether or not any such Iniury.damage or death Is caused.In whole or in Should any surety for the contracted project be determined part by the negligence or alleged negligence of Owner,its unsatisfactory at any time during same, the Contractor shall officers, servants, or employees. Contractor likewise immediately provide a new surety bond satisfactory to the City. covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers,servants G3 OWNER'S RIGHT TO CARRY OUT THE WORK. If and employees and any damage,loss or destruction to property the Contractor defaults or neglects to carry out the Work in of the Owner arising from the performance of any of the terms accordance with the Contract Documents or fails to perform any and conditions of this Contract,whether or not any such iniury provision of the Contract,the Owner may,without prejudice to any or damage Is caused In whole or In part by the negligence other remedy he may have,enter the site and make good such or alleged negligence of Owner. Its officers, servants or deficiencies.In such case an appropriate Change Order shall be employees, issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies,including the In the event Owner receives a written claim for damages against cost of the Architect's additional services made necessary by the Contractor or its subcontractors prior to final payment,final such default,neglect or failure.If the payments then or thereafter payment shall not be made until Contractor either(a)submits to due the Contractor are not sufficient to cover such amount,the Owner satisfactory evidence that the claim has been settled Contract shall pay the difference to the Owner, andlor a release from the claimant involved,or(b)provides Owner with a letter from Contractor's liability insurance carrier that the G-10 ROYALTIES AND PATENTS. The Contractor shall claim has been referred to the insurance carrier. pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the The Director may,if he deems it appropriate,refuse to accept Owner harmless from loss on account thereof and shall be bids on other City of Fort Worth public work from a Contractor responsible for all such loss when a particular design,process or against whom a claim for damages is outstanding as a result of the product of a particular manufacturer or manufacturers is work performed under a City Contract. specified;however,if the Contractor has reason to believe that the design, process or product specified is an infringement of a G-6 SUCCESSORS AND ASSIGNS. Except as provided patent,he shall be responsible for such loss unless he promptly in Paragraph E-2,this contract shall be binding upon and insure gives such information to Architect. to the benefit of the parties hereto,their Successors or Assigns. Contractor shall not assign or sublet all or any part of this G-11 TESTS. If the Contract Documents, Laws, Contract or his rights or duties hereunder without the prior written Ordinances,Rules,Regulations or Orders of any public authority consent of the Owner. Any such purported assignment or having jurisdiction require any Work to be inspected,tested or subletting without the prior written consent of Owner shall be void. approved,the Contractor shall give the Architect timely notice of its readiness and the date arranged so the Architect may observe G-7 WRITTEN NOTICE. Written Notice shall be deemed such inspection,testing or approval. The Owner shall bear all to have been duly served if delivered in person to the individual or costs of such inspection,tests and approvals unless otherwise member of the firm or to an officer of the corporation for whom it provided. was intended,or if delivered at or sent by registered or certified GC-8of23 10/11/99 If after the commencement of the Work,the Owner or Architect G-14 MEASUREMENTS: Before ordering any material or determine that any Work requires special inspection,testing or doing any work,the Contractor shall verify all measurements at approval not included above,the Owner or the Architect, upon the site or at the building and shall be wholly responsible for the written authorization from the Owner,will instruct the Contractor correctness of same. No extra charge or compensation will be to order such special inspection, testing or approval, and the allowed on account of any difference between actual dimensions Contractor shall give notice as required in the preceding and dimensions indicated on the drawings. Any difference which paragraph.If such special inspection or testing reveals a failure may be found shall be submitted to the Architect for consideration of the Work to comply(1)with the requirements of the Contract and adjustment before proceeding with the project. Documents or(2)with respect to the performance of the work, with Laws,Statutes,Charter,Ordinances,Regulations or Orders G-16 EXISTING OVERHEAD OR UNDERGROUND of any public authority having jurisdiction,the Contractor shall WORK. The Contractor shall carefully check the site where the bear all costs thereof,including the Architect's additional services project is to be erected and observe any existing overhead wires made necessary by such costs;otherwise the Owner shall bear and equipment. Any such work shall be moved, replaced or such costs,and an appropriate Change Order shall be issued. protected,as required,whether or no shown or specified at the contractor's sole expense. The Contractor shall secure certificate of inspection,testing or approval,and three copies will be promptly delivered by him to the Attention is directed to the possible existence of pipe and other Architect.The Architect will review the certificates and forward underground improvements that may or may not be shown on the one copy of each with his recommendation(s)to the Owner. Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the If the Architect or Owner wish to observe the inspections,tests or Drawings. approvals required by this Section,they will do so promptly and, where practicable,at the source of supply. Location of existing underground lines,shown the Drawings are based on the best available sources,but are to be regarded as Neither the observations of the Architect or the Owner in their approximate only. Exercise extreme care in locating and administration of the Construction Contract,nor inspections,tests identifying these lines before excavation in adjacent areas. or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. accordance with the Contract Documents. It shall be the responsibility of the Contractor to make certain in the installation of jointed floor,wall and ceiling materials that: G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES. The Contractor shall perform the work under this 1. preserve and protect the rights of the Owner and the Contract with a minimum of outage time for all utilities. Architect under the Contract with respect to the Work to be Interruption shall be by approved sections of the utility.In some performed under the subcontract so that the subcontracting cases,the Contractor may be required to perform the work while thereof will not prejudice such rights; the existing utility is in service.The existing utility service may be 2. Place joints to relate to all opening and breaks in the interrupted only when approved by the Owner. When it is structure and be symmetrically placed wherever possible. necessary to interrupt the existing utilities,the Contractor shall This includes heating registers, light fixtures,equipment, notify the Owner in writing at least ten days in advance of the time etc. that he desires the existing service to be interrupted. The interruption time shall be kept to a minimum.Depending upon the If because of the non-related sizes of the various materials and activities at an existing facility that requires continuous service locations of openings,etc.,it is not possible to accomplish the from the existing utility, an interruption may not be subject to above,the Contractor shall request the Architect to determine the schedule at the time desired by the Contractor.In such cases,the most satisfactory arrangement. The Contractor shall establish interruption may have to be scheduled at a time of minimum centerlines for all trades. requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall be as G-17 INTEGRATING EXISTING WORK. The Contractor approved by the Owner, shall protect all existing street and other improvements from G-13 LAYING OUT WORK. The Contractor shall verify damages. dimensions and elevations indicated in layout of existing work. Contractor's operations shall be confined to the immediate vicinity Discrepancies between Drawings, Specifications,and existing of the new work and shall not in any interfere with or obstruct the conditions shall be referred to Architect for adjustment before ingress or egress to an from existing adjacent facilities. work affected is performed.Failure to make such notification shall +� place responsibility upon Contractor to cant' out work in Where new site work is to be connected to existing work,special satisfactory workmanlike manner at the Contractors sole care shall be exercised by the Contractor not to disturb or damage expense. the existing work more than necessary.All damaged work shall be replaced,repaired and restored to its original condition at no cost The Contractor shall be held responsible for the location and to the Owner. elevation of all the construction contemplated by the Construction Documents, G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents,whether expressly stated or not, Prior to commencing wok,the Contractor shall carefully compare that nothing containing hazardous materials,such as asbestos, and check all Architectural,Structural,Mechanical an Electrical shall be incorporated in to the project. The contractor shall drawings;each with the other that in any affects the locations or exercise every reasonable precaution to ensure that elevation of the work to be executed by him, and should any asbestos-containing materials are not incorporated into any discrepancy be found,he shall immediately report the same to the portion of the project,including advising all materials suppliers Architect for verification and adjustment.Any duplication of work and subcontractors of this requirement. The contractor shall made necessary by failure or neglect on his part to comply with verify dud components containing lead do not contact the potable this function shall be done at the contractors sole expense. water supply. GC-9 of 23 10/11/99 G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing leave the work bright, clean and polished, Cost of this showing location of equipment, piping, ductwork, etc. are cleaning work shall be bome by Contractor. diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it 10. Cleaning, polishing, scaling, waxing and all other finish shall be brought to the Architect's attention immediately and the operations indicated on the Drawings or required in the relocation determined in a joint conference.The Contractor will be Specifications shall be taken to indicate the required held responsible for the relocating of any items without first condition at the time of acceptance of all work under the obtaining the Architect's approval.He shag remove and relocate Contract. such items at his own expense if so directed by the Architect. Where possible uniform margins are to be maintained between 11. Burning: Burning of rubbish on the premises will not be parallel lines and or adjacent wall,floor or ce4ing surfaces. permitted. G-20 OVERLOADING. The Contractor shag be responsible G-23 DUST CONTROL. Precaution shall be exercised at all for loading of any part or parts of structures beyond their safe times to control dust created as a result of any operations during carrying capacities by placing of materials, equipment, tools, the construction period. If serious problems or complaints arise machinery or any other item thereon.No loads shall be placed on due to air-borne dust, or when directed by the Architect, floors or roofs before they have attained their permanent and safe operations causing such problems shall be temporarily strength. discontinued and necessary steps taken to control the dust. Y G-21 MANUFACTURER'S INSTRUCTIONS. Where it is G-24 FIRE PROTECTION. The contractor shall at all times required in the Specifications that materials,products,processes, maintain good housekeeping practices to reduce the risk of fire equipment,or the like be installed or applied in accordance with damage or injury to workmen.All scrap materials, rubbish and manufacturer's instructions,direction or specifications,or words trash shall be removed daily from in and about the building and to this effect,it shall be construed to mean that said application shall not be permitted to be scattered on adjacent property. or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material Suitable storage space shall be provided outside the immediate concerned for use under conditions similar or those at the job building area for storing flammable materials and paints; no site. Six copies of such instructions shag be furnished to the storage will be permitted in the building.Excess flammable liquids *� Architect and his approval thereof obtained before work is begun. being used inside the building shall be kept in closed metal container and removed from the building during unused periods. G-22 CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material or rubbish A fire extinguisher shall be available at each location where caused by employees or as a result of the work. cutting or welding is being performed. Where electric or gas welding or cutting work is done, interposed shields of At completion of work,the General Contractor shall,immediately incombustible material shall be used to protect against fire prior to final inspection of complete building,execute the following damage due to sparks and hot metal.When temporary heating final cleaning work with trained janitorial personnel and with devices are used,a watchman shall be present to cover periods material methods recommended by the manufactures of installed when other workmen are not on the premises. materials. The Contractor shag provide fire extinguishers in accordance with 1. Sweep and buff resilient floors and base, and vacuum the recommendations and NFPA Bulletins Nos. 10 and 241 carpeting. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. 2. Dust all metal and wood trim and similar finished materials. G-25 CUTTING AND PATCHING Wherever cutting and 3. Clean all cabinets and casework. removal of portions of the existing work is indicated,such work shall be neatly sawed or cut by contractor in a manner that will 4. Dust all ceilings and walls. produce a neat straight line,parallel to adjacent surfaces or plumb for vertical surfaces.Care should be exercised not to damage any 5. Dust, and if necessary wash, all plumbing and electrical work that is to remain. fixtures. At no time shall any structural members be cut without written 6. Wash all glass and similar non-resilient materials. consent from the Architect.- 7, rchitect:7, All hardware and other unpainted metals shall be cleaned G-26 PROJECT CLOSEOUT. and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all Final Inspection,Record Drawings:Attention is called to General temporary labels, tags, and paper coverings removed Conditions Section t entitled,'Payments and Completion.' throughout the buildings.Surfaces that are waxed shall be polished. Maintenance Manual:Sheets shall be 8 W x 11',except pull out sheets may be neatly folded to 8 %'x 11'. Manuals shall be 8. The exterior of the building, the grounds, approaches, bound in plastic covered, 3 ring, loose leaf binder with title of equipment,sidewalks,streets,etc.shag be cleaned similar project lettered on front and shall contain: to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shag be clean and 1) Name,address and trade of all sub-contractors. unbroken,hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be 2) Complete maintenance instructions; name, address, and scraped and cleared of weed growth. telephone number of installing Contractor,manufacturer's local representative,for each piece of operative equipment. 9. Clean all glass surfaces and mirrors of puny, paint materials,etc.,without scratching or k*King the glass and 3) Catalog data on plumbing fixtures,valves,water heaters, heating and cooling equipment, temperature control, fan, GC- 10 of 23 10/11/99 0/ll/99 electrical panels, service entrance equipment and light 4. The remedies available to the Owner under this fixtures. warranty shall include repair or replacement of any product or system whose noncompliance is discovered and made known to 4) Manufacturer's name,type, color designation for resilient the Contractor,in writing,within one year following the date of floors,windows,doors,concrete block,paint,roofing,other substantial completion. materials. 5. Nothing in the provisions of this warranty shall be construed to limit any rights or remedies the Owner may have with Submit six copies of Maintenance Manual, prior to request for respect to defects discovered in the Work not related to final payment. compliance requirements of this section. Operational Inspection and Maintenance Instruction: The The contractor agrees to correct defective Work within a one year Contractor shall provide at his expense, competent period after Date of Substantial Completion,and provide one year manufacturer's representatives to completely check out all warranty for accurate transfer of date/time data between the years mechanical and electrical systems and items covered by the 1999 and 2000 as described within this section. Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all G-29 RECORD DRAWINGS. Upon completion of the Work systems are functioning property the representatives shall instruct and prior to application for final payment,one print of each of the maintenance personnel of the Owner in the proper operation and drawings accompanying this specification shall be neatly and maintenance of each item. clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or G-27 GUARANTEE AND EXTENDED GUARANTEE. specified in the Contract Documents. The annotated documents Upon completion of the Project prior to final payment,guarantees shall be delivered to Architect Where a choice of materials and/or required by technical divisions of Specifications shall be property methods is permitted herein and where variations in the scope or executed in quadruplicate by subcontractors and submitted character of the work from the entire work indicated or specified through the Contractor to Architect.Delivery of guarantees shall are permitted either by award of bidding items specified for that not relieve Contractor from any obligation assumed under purpose,or by subsequent change to the drawings,the record Contract. drawings shall define the construction actually provided. The representation of such variations shall conform to standard The Contractor shall guarantee the entire Project for one year.In drafting practice and shall include supplementary notes,legends addition,where separate guarantees,for certain portions of work, and details which may be necessary for legibility and clear are for longer periods,General Contractor's guarantee shall be portrayal of the actual construction. The record drawings shall extended to cover such longer periods. Manufacturer's extended indicate,in addition,the actual location of all sub-surface utility warrantees shall be included in this contract. lines,average depth below the surface and other appurtenances. Guarantees shall become valid and operative and commence G-30 CONSTRUCTION FENCE. At the Contractor's option, upon issuance of Certificate of Inspection and Acceptance by he may provide a substantial chain-link construction fence around Owner. Guarantees shall not apply to work where damage is all or a part of the site. The fences and gates must be maintained result of abuse,neglect by Owner or his successor(s)in interest. throughout the mon period.Remove the fences and gates upon completion of the Project and restore the site to the required The Contractor agrees to warrant his work and materials provided original or contract condition. in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the G-31 PRODUCT DELIVERY, STORAGE, HANDLING. Technical Specifications or the manufacturers normal extended The Contractor shall handle, store and protect materials and warrantees,the Contractor shall warrant all work materials,and products, including fabricated components, by methods and equipment against defects for a period of one year from the date means which will prevent damage, deterioration and loss, of final acceptance. The Contractor further agrees to bear all including theft(and resulting delays),thereby ensuring highest costs of making good all work that is found to be defective or not quality results as the work progresses.Control delivery schedules provided in accordance with the Contract Documents. so as to minimize unnecessary long-term storage at project site Additionally if the facility or contents are damaged due to defective prior to installation. materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing G-32 REMOVAL OF SALVAGED MATERIAL. The damaged items and components to bring such items back to at Contractor shall remove salvaged material and equipment from least their original condition. the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for PW G-28 Y21K COMPLIANCE REQUIREMENTS The Owner salvage shall be carefully removed and delivered to the Contractor warrants that each hardware,software and firmware Owner at any location in within the City limits as directed by the product delivered for incorporation into the Work be able to City. accurately process date/time data between the years 1999 and 2000,including leap year calculations and as described below: SECTION H 1. Date/time data between the information technology CONTRACT TIME incorporated into the Work shall transfer accurately to and from information technology purchased separately from the Work but H-1 DEFINITIONS. The Contract Time is the period of intended to be used in association with warranted products or time allotted in the Contract Documents for completion of the systems. Work. 2. Where the contract documents require that products must perform as a system with respect to date/time data transfer, The date of commencement of the Work is the date the warranty described herein applies to the performance of the established in the Notice to Proceed. If system rather than to individual products. there is no notice to proceed,it shall be the 3. The duration of this warranty and the remedies date of the Agreement or such other date available to the Owner for the breach of this warranty shall be as as may be established therein. defined in and subject to, the terms and limitations of the Contractor's standard commercial warranty or warranties. i GC- I I of 23 10/11/99 The Date of Substantial Completion of the Work or When the Contractor is delayed due to designated portion thereof is the Date abnormal weather conditions.the weather " certified by the Architect with the approval table provided as WT-11 in these Contract of the Owner that construction is Documents shall be used as the basis for sufficiently complete, in accordance with providing a fair and equitable adjustment of the Contract Documents, so the Owner the contract time. _ may occupy the Work or designated portion thereof for the use for which it is intended. All claims for extension of time shall be made in Final acceptance of the completed work or writing to the Architect no more than fifteen any portion thereof can be made only by the days after the occurrence of the delay; City Council of the City of Fort Worth or it's otherwise they shall be waived. designated Assistant City Manager,and no other form of acceptance will be binding If no schedule or agreement is made stating the dates upon the Owner. upon which written interpretations shall be furnished,then no claim for delay shall be A calendar day constitutes 24 hours of time and is any allowed on account of failure to furnish one of the seven days of a week,including such interpretation until fifteen days after Sunday,regardless of whether a'Working demand is made for them, and not then Day' or not, and regardless of weather unless such a claim is reasonable. »� conditions or any situation which might delay cons<tuctlion.An extension of contract H3 NO DAMAGE FOR DELAY. No payment, time shall be in accordance with this compensation or adjustment or any kind Section. Extensions of time will be as (other than the extensions of time provided recommended by the Architect with final for) shall be made to the contractor for approval by City of Fort Worth. damages because of hindrances or delays from an cause in the progress of the work, A working day is defined as a calendar day, not whether such hindrances or delays be including Saturdays, Sundays, and legal avoidable or unavoidable, and the holidays, in which weather or other contractor agrees that he will make no claim conditions not under the control of the for compensation,damages or mitigation of Contractor permit the performance of work liquidated damages for any such delays, for a continuous period of not less than and will accept in full satisfaction for such r seven hours between 7:00 a.m. and 6:00 delays said extension of time. p.m. However, nothing in these Contract Documents shall be construed as SECTION I prohibiting the Contractor from working on PAYMENTS AND COMPLETION Saturdays if he so desires. Should the Contractor choose to work on Saturdays, 1-1 CONTRACT SUM. The Contract Sum is stated in the one day will be charged as contract-working proposal as accepted and is the total amount payable by the time when weather or other conditions Owner to the Contractor for the performance of the Work under permit seven hours of work as delineated the Contract Documents. above.Legal holidays are defined as being New Year's Day,Independence Day,Labor 1-2 SCHEDULE OF VALUES.Before the first Applicable Day, Thanksgiving Day, Christmas Day, for Payment, the Contractor shall submit to the Architect a Memorial Day,and Veteran's Day. Schedule of Values of the various portions of the Work,including quantities if required by the Architect, aggregating the total H-2 PROGRESS AND COMPLETION. AU the time limits Contract Sum, divided so as to facilitate payments to Sub- stated in the Contract Documents are of essence to the Contract. contractors, prepared in such form as specified or as the Architect and the Contractor may agree upon,and supported by The Contractor shall begin the Work on the date of such data to substantiate its correctness as the Architect may commencement as defined in this Section. require. Each item in the Schedule of Values shall include its He shall cant' the Work forward proper share of overhead and profit. This Schedule, when expeditiously with adequate forces and shall approved by the Architect and the Owner, shall be used as a complete it within the Contact Time. basis for the Contractor's Applications for Payment. H3 DELAYS AND EXTENSIONS OF TIME. 13 ADJUSTMENT OF QUANTITIES. Where unit prices If the Contractor is delayed at any time in and estimated quantities are used to compute the contract the progress of the Work by any act or amount,the Owner may increase the quantities by an amount that neglect of the Owner or the Architect,or by is 20% of the total cost for that section. Unit prices for any employee of the Owner, or by any adjustments to unit quantities in excess to 20% may be separate contractor employed by the negotiated at the request of either party. Owner, or by any separate contractor employed by the Owner, or by changes 13 PROGRESS PAYMENTS. On the first day of each ordered in the Work,or by labor disputes, month after the first month's work has been completed, the fire, unusual delay in transportation, Contractor will make current estimates in writing for review by the unavoidable casualties or any causes Architect of materials in place complete and the amount of work beyond the Contractor's control,or by any performed during the preceding month or period and the value ¢' cause which the Architect determines may thereof at the prices contracted for as shown on the approved justify the delay,then the contract time may Schedule of Values and Progress Schedule. be extended by Change Order for such reasonable time as recommended by the If payments are to be made on account of materials or equipment Architect and approved by the Owner. not incorporated in the Work but delivered and suitably stored at GC- 12 of 23 -� 10/11/99 the site or in an independent,bonded warehouse such payments work resulting therefrom that shall appear within a period of one shall be conditioned upon submission by the Contractor of bills of year from the date of final acceptance of the Work unless a sale or such other procedures satisfactory to the Owner to longer period is specified. establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable 1.6 PAYMENTS WITHHELD. The Architect may decline insurance and transportation to the site. to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make The Contractor warrants and guarantees that title to all Work, the representations to the Owner as provided in this Section.The materials and equipment covered by an Application for Payment, Architect may also decline to approve any Applications for whether incorporated in the Project or not,will pass to the Owner Payment or, because of subsequently discovered evidence or upon the receipt of such payment by the Contractor,free and subsequent inspections,may nullity the whole or any part of any clear of all liens, claims, security interests or encumbrances Certificate for Payment previously issued to such extent as may hereinafter referred to as'liens';and that no Work,materials or be necessary in his opinion to protect the Owner from loss equipment covered by an Application for Payment will have been because of: acquired by the Contractor,or by any other persons performing the Work at the site or furnishing materials and equipment for the l) detective work not remedied; Work,subject to an agreement under which an interest therein or 2) claims filed or reasonable evidence indicating probable filing an encumbrance thereon is retained by the seller or otherwise of claims; imposed by the Contractor or such other person. 3) failure of the Contractor to make payments properly to The Contractor shall prepare each application for payment on AIA Subcontractors,or for labor,materials or equipment; Document G702,'Application and Certificate for Payment',and 4) reasonable doubt that the Work can be completed for the attached thereto AIA Document G703,'Continuation Sheer,to unpaid balance of the Contract Sum; indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule 5) damage to another contractor, of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. 6) reasonable indication that the Work will not be completed within the Contract Time;or 1-6 CERTIFICATES FOR PAYMENT. If the Contractor 7) Unsatisfactory prosecution of the Work by the Contractor. has made Application for Payment as above, the above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a When such grounds for the refusal of payment are removed, or Certificate of Payment,with a copy to the Contractor,for such payment shall be made for amounts withheld because them. amount determined to be properly due,or state in writing reasons The Owner reserves the right to withhold the paymentt any for withholding a Certificate. monthly estimate,without payment of interest,if the Contractor fails to perform the Work in accordance with the specifications or The issuance of a Certificate for Payment will constitute a instructions of the Architect. representation by the Architect to the Owner, based on the 1-7 UNRESOLVED CLAIMS: In the event a written claim Architect's observations at the site and the data comprising the for damages against the Contractor or its subcontractors remains Application for Payment,that the Work has progressed to the unsettled at the time all work on the project has been completed point indicated;that the quality of the Work is in accordance with to the satisfaction of the Director of the Transportation and Public the Contract Documents(subject to an evaluation of the Work as Works Department, as evidenced by a final inspection, final a functioning whole upon Substantial Completion,to the results payment to the Contractor shall not be recommended by the of any subsequent tests required by the Contract Documents,to Director of the Transportation and Public Works Department for minor deviations from the Contract Documents correctable prior a period of 30 days after the date of such final inspection,unless r to completion, and to any specific qualifications stated in the the Contractor shall submit written evidence satisfactory to the Certificate); and recommendations to the Owner that the Director that the claim has been settled and a release has been Contractor be paid in the amount certified. In addition, the obtained from the claimant involved. Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final Although the claim concerned remains unsettled at the expiration payment as set forth in this Section have been fulfilled. of the above 30-day period,the Contractor may be deemed to be After the Architect has issued a Certificate for Payment, the entitled to a semi-final payment for work completed, such Owner shall approve or disapprove same within ten days after it semi-final payment to be in an amount equal to the total dollar has been delivered to the Director of the Department of amount then due less the dollar value of any written claims Transportation and Public Works. For contracts less than pending against the Contractor arising out of the performance of and such semi-final payment may then be $400,000,Owner shalt pay 90%of the approved estimate to the recommended such work, an the Director. Contractor within seven days after its approval,and the remaining 10%of each such estimate will be retained by the Owner until the The Director shall not recommend final payment to a Contractor final estimate is approved and the Work is accepted by the City against whom such a claim for damages is outstanding for a Council of the City of Fort Worth. For contracts in excess of period of six months following the date of the acceptance of the $400,000,the Owner will retain only 5%of each estimate until the work perfonned unless the Contractor submits evidence in writing final estimate is approved and work accepted by the City Council satisfactory to the Director that: of the City of Fort Worth, I 1) The claim has been settled and a release has been obtained No Certificate for a progress payment,nor any progress payment, from the claimant involved,or nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in 2) Good faith efforts have been made to settle such out- accordance with the Contract Documents, or relieve the standing claims,and such good faith efforts have failed. Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly If condition (1) above is met at any time within the six month remedy any defects in the Work and pay for any damage to other FPperiod,the Director shall recommend that the final payment to the GC- 13 of 23 10/11/99 to Contractor be made. If condition (2) above is met at any time conditions of the Contract Documents and that the entire balance within the scc-month period,the Director may recommend that the found to be due the Contractor is due and payable. Final �- final payment to the Contractor be made.At the expiration of the acceptance can be made by the City Council of the City of Fort six-month period the Director may recommend that final payment Worth or it's designated representative, and no other form of be made if all other work has been performed and all other acceptance will be binding upon the Owner.Final payment and obligations of the Contractor have been met to the satisfaction of release of the retainage amount will become due within fifteen the Director. days following approval of the City Council of the City of Fort Worth in accepting the work as complete. The Director may,if he deems it appropriate,refuse to accept bids on other Transportation and Public Works Department Neither the final payment nor the remaining retained percentage contract work from a Contractor against whom a claim for shall become due until the Contractor submits to the Architect: damages is outstanding as a result of work performed under a City contract. 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and 1-8 LIQUIDATED DAMAGES: The deduction for equipment, and other indebtedness connected with the liquidated damages shall be as follows: Work for which the Owner or his property might in any way be responsible,have been paid or otherwise satisfied, Amount of Contract Liquidated Damages Per Day 2) Consent of Surety to Final Payment(G707),if any,to final payment, $15,000 or less $45 3) Contractor's Affidavit of Release of Liens(G706A),and, $15,001 to $25,000 $63 4) Other data establishing payment or satisfaction of all such $25,001 to $50,000 $105 obligations,such as receipts,releases and waivers of liens $50,001 to $100,000 $154 arising out of the Contract,to the extent and in such form as $100,000 to $500,000 $210 may be designated by the Owner. $500,001 to31,000,000 $315 $1,000,001 W,000,000 $420 If any Subcontractor,materialman or laborer refuses to fumish a $2,000,00136,000,000 $630 release or waiver required by the Owner,the Contractor may,at $5,000,0012W.000,000 $840 the election of the Owner, fumish a bond satisfactory to the �- over$10,000,000 $980 Owner to indemnify him against any right, claim or lien which might be asserted by such Subcontractor,materialman or laborer. I-9 FAILURE OF PAYMENT If,without fault on the part If any such right, claim or lien remains unsatisfied after all of the Contractor,the Architect should fail to issue any Certificate payments are made.The Contractor shall refund to the Owner all for Payment within seven days after receipt of the Contractor's monies that the latter may be compelled to pay to discharging Application for Payment, if the Contractor's Application for such right, claim or lien, including all costs and reasonable Payment, or if,without fault on the part of the Contractor,the attomey's fees. Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof The acceptance of final payment shall constitute a waiver of all within the period of time specified,then the Contractor may,upon claims by the Contractor except those previously made in writing seven(7)days additional written notice to the Owner and to the and still unsettled. Architect,stop the Work until payment of the amount owing has been received. SECTION J +• PROTECTION OF PERSONS AND PROPERTY 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT Prior to the request for final payment,the Contractor J-1 SAFETY PRECAUTIONS AND PROGRAMS The must meet all provisions for Project Closeout. When the Contractor shall be responsible for initiating, maintaining and Contractor determines that the Work or a designated portion supervising all safety precautions and programs in connection thereof acceptable to the Owner is substantially complete,the with the Work. The Contractor shall designate a responsible Contractor shall prepare the submission to the Architect a list of member of his organization at the site whose duty shall be the items to be completed or corrected.The failure to include any prevention of accidents. This person shall be the Contractor's items on such list does not alter the responsibility of the superintendent unless otherwise designated in writing by the Contractor to complete all Work in accordance with the Contract Contractor to the Architect. Documents.When the Architect,on the basis of an inspection, determines that the Work is substantially complete,he then will J-2 SAFETY OF PERSONS AND PROPERTY. The prepare a Certificate of Substantial Completion(G704)which, Contractor shall take all reasonable precautions for the safety of, �— when approved by the Owner, shall establish the Date of and shall provide all reasonable protection to prevent damage, Substantial Completion, shall state the responsibilities of the injury or loss to: Owner and the Contractor for maintenance, heat, utilities,and insurance,and shall fix the time within which the Contractor shall (1) all employees on the Work and all other persons who may complete the items listed therein, said time to be within the be affected thereby; Contract time unless extended. (2) all the Work and all materials and equipment to be Upon receipt of written notice that the Work is ready for final incorporated therein,whether in storage on or-off the site, inspection and acceptance and upon receipt of a final Application under the care,custody or control of the Contractor or any for Payment and upon receipt of a final application for payment, of his Subcontractors or Sub-contractors;and providing the record drawings have been received by the Architect,the Architect will conduct such test and/or inspections (3) other property at the site or adjacent thereto,including trees, as he deems necessary,and if in his opinion the Work has been shrubs,lawns,walks,pavements,roadways,structures and completed in accordance with the Contract Documents, the utilities not designated for removal, relocation or Architect will promptly issue a final Certificate of Substantial replacement in the course of construction. Completion stating that to the best of his knowledge,information and belief,and on the basis of his observations and inspections, Until acceptance of the Work,it shall be under the charge and the Work has been completed in accordance with the terms and care of the Contractor,and he shall take every precaution against GC- 14 of 23 10/11/99 injury or damage to the Work by the action of the elements or employees employed on the project in compliance with from any other cause whatsoever, whether arising from the state law. No Notice to Proceed will be issued until the execution or from the non-execution of the Work The Contractor Contractor has complied with this section. shall rebuild,repair,restore and make good,at his own expense, all injuries or damages to any portion of the Work occasioned by b) Subcontractors Workers Compensation Insurance. arty of the above,caused before its completion and acceptance. Contractor agrees to require each and every subcontractor who will perforin work on the project to The Contractor shall comply with all applicable laws,Ordinances, provide to it a certificate from such subcontractor Rules, Regulations and Orders of any pudic authority having stating that the subcontractor has a policy of workers jurisdiction for the safety of persons or property or to protect them compensation insurance covering each employee from damage, injury or loss. He shall erect and maintain, as employed on the Project. Contractor will not permit any required by existing conditions and progress of the Work, all subcontractor to perform work on the project until such reasonable safeguards for safety and protection, including certificate has been acquired. Contractor shall provide posting danger signs and other warnings against hazards, a copy of all such certificates to the Owner(City). promulgating safety regulations and notifying owners and users c) By signing this contract or providing or causing to be of adjacent utilities. provided a certificate of coverage, the contractor is representing to the City that all employees of the When the use or storage of explosives or other hazardous contractor who will provide services on the project will materials or equipment is necessary for the execution of the be covered by worker's compensation coverage for the IN Work, the Contractor shall exercise the utmost care and shall duration of the project,that the coverage will be based carry on such activities under the supervision of property qualified on proper reporting of classification codes and payroll personnel. amounts,and that all coverage agreements will be filed All damage or loss to an roe referred o in the preceding with the appropriate insurance carrier or,in the case of 9 y property rtY P g a self-insured,with the Texas Workers Compensation paragraphs caused in whole or in part by the Contractor, any Commission's Division of Self-Insurance Regulation. Subcontractor,or anyone directly or indirectly employed by any of Providing false or misleading information may subject them, or by anyone for whose acts any of them may be liable, the contractor to administrative penalties, criminal shall be remedied by the Contractor,including damage or loss penalties,civil penalties or other civil actions. attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for d) The contractors failure to comply with any of these whose acts he may be liable,and not attributable to the fault or provisions is a breach of contract by the contractor negligence of the Contractor or anyone clairning through the which entitles the City to declare the contract void if PP Contractor for such damage or loss. the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. The Contractor shall not load or permit any part of the Work to be 2) Definitions: loaded so as to endanger its safety. ON a) Certificate of coverage ("certificate"). A copy of a J-3 HARD HATS. Hard Hats will be required at all certificate of insurance,a certificate of authority to self- construction sites included in this Contract from start to insure issued by the Texas Workers'Compensation completion of work Each Contractor,employee and visitor at any Commission, or a coverage agreement(TWCC-81, construction site included in the Contract will be required to wear TWCC-82, TWCC-83, or TWCC-84), showing a hard hat.The Contractor shall enforce the wearing of hard hats statutory workers'compensation insurance coverage by Contractor,employees and visitors.These requirements are in for the person's or entity's employees providing addition to the Accident Prevention Clause in the General services on a project,for the duration of the project. Conditions of the Contract. Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. b) Duration of the Project. Includes the time from the beginning of the work on the project until the J4 EMERGENCIES. In any emergency affecting the contractors/person's work on the project has been safety of persons or property, the Contractor shall act at his completed and accepted by the City. discretion to prevent threatened damage, injury or kis. Any c) Persons providing services on the project additional compensation or extension of time claimed by the ("subcontractor" in section 406.096)-includes all Contractor on account of emergency work shall be determined as persons or entities performing all or part of the provided in Changes in the Work. services the contractor has undertaken to perform on SECTION K-INSURANCE the project, regardless of whether that person contracted directly with the contractor and regardless K-1 Insurance Required. The Contractor shall not of whether that person has employees. This includes,commence work under this Contract until he has obtained all without limitation, independent contractors, subcontractors, leasing companies, motor carriers, insurance required under this Section and such insurance has subcontractors, of any such entity, or been approved by the City of Fort Worth,nor shall the Contractor employees of any entity which furnishes persons to allow any Subcontractor to commence work o be performed provide services on the project. "Services"include, under this Contract until all similar insurance of the Subcontractor without limitation, providing, hauling, or delivering has been so obtained and approved. equipment or materials, or providing labor, transportation, or other services related to a project. K-2 Workers'Compensation Insurance: "Services"does not include activities unrelated to the 1) General deliveries,and del food/beverage,such as sf portabletoilets. office supply a) Contractors Workers Compensation Insurance. 3) Requirements Contractor agrees to provide to the Owner(City) a certificate showing that it has obtained a policy of a) The contractor shall provide coverage, based on �. workers compensation insurance covering each of its proper reporting of classification codes and payroll GC- 15 of 23 10/11/99 amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor (1) a certificate of coverage,prior to the other Code, Section 401.011(44) for all employees of the person beginning work on the project;and contractor providing services of the project, for the (2) a new certificate of coverage showing duration of the project. extension of coverage, prior to the end of b) The Contractor must provide a certificate of coverage the coverage period,if the coverage period to the governmental entity prior to being awarded the shown on the current certificate of coverage contract. ends during the duration of the project; C) If the coverage period shown on the contractor's v) retain all required certificates of coverage on file current certificate of coverage ends during the duration for the duration of the project and for one year of the project,the contractor must,prior to the end of thereafter. the coverage period,file a new certificate of coverage vi notifythe C' with the C' showingthat coverage has been ) �e r, writing by certified mail or extended. � 9 personal delivery,within ten(10)days after the person knew or should have known, of any d) The contractor shall obtain from each person providing change that materially affects the provision of services on a project,and provide to the City: coverageof any person providing services on the project;and i) a certificate of coverage, prior to that person beginning work on the project, so the vii) contractually require each person with whom it governmental entity YA have on file certificates of contracts,to perform as required by paragraphs coverage showing coverage for all persons h-i)-vii),with the certificates of coverage to be providing services on the project;and provided to the person for whom they are providing services. ii) no later than seven days after receipt by the contractor,a new certificate of coverage showing 4) Posting of Required Workers Compensation Coverage. extension of coverage, if the coverage period a) The contractor shall post a notice on each project site shown on the current certificate of coverage ends informing all persons providing services on the project j during the duration of the project. that they are required to be covered,and stating how e) The contractor shall retain all required certificates of a person may verify current coverage and report failure coverage for the duration of the project and for one to provide coverage.This notice does not satisfy other year thereafter. posting requirements imposed by the Texas Workers Compensation Act or other Texas Workers Q The contractor shall notify the City in writing by Compensation Commission rules. This notice must certified mail or personal delivery,within ten(10)days be primed with a title in at least 30 point bold type and after the contractor knew or should have known,of any text in at least 19-point normal type, and shall be in *- change that materially affects the provision of coverage both English and Spanish and any other language of any person providing services on the project. common to the worker population. The text for the g) The contractor shall post on each project site a notice, notices shall be the following text, without any additional words or changes: in the text,form and manner prescribed by the Texas Workers Compensation Commission, informing all "REQUIRED WORKER'S persons providing services on the project that they are COMPENSATION COVERAGE required to be covered,and stating how a person may verify coverage and report lack of coverage. The law requires that each person working on this site or providing services related to h) The contractor shall contractually require each person this construction project must be covered with whom it contracts to provide services on a project, by workers compensation insurance. This to: includes persons providing, hauling, or delivering equipment or materials, or i) provide coverage,based on proper reporting on providing labor or transportation or other the classification codes and payroll amounts and service related to the project,regardless of filing of any coverage agreements,which meets the Identity of their employer or status as an the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees employee" providing services on the project,for the duration Call the Texas Workers Compensation of the project; Commission at 512-440-3789 to receive information on the legal requirement for ii) provide to the contractor, prior to that person coverage,to verify whether your employer beginning work on the project, a certificate of has provided the required coverage, or to coverage showing that coverage is being report an employers failure to provide provided for all employees of the person coverage.- providing services on the project,for the duration of the project; K3 LIABILITY INSURANCE. The Contractor shall procure and maintain during the term of this Contract such Liability iii) provide the contractor, prior to the end of the Insurance as shall protect him,the City of Fort Worth and any coverage period, a new certificate of coverage Subcontractor performing work covered by this Contract, from showing extension of coverage,if the coverage claims of damage which may arise from operations under this period shown on the current certificate of Contract, including blasting, when blasting is done on, or in coverage ends during the duration of the project; connection with the Work of the Project,whether such operations IV) obtain from each other person with whom it be by himself or by any Subcontractor or by anyone directly or contracts,and provide to the contractor: indirectly employed by either of them and the limits of such insurance shall be not less than the following: GC- 16 of 23 10/11/99 1) Automobile Liability: $1,000,000 each accident, or 4) Deductible limits on insurance policies and/or self insured w� reasonably equivalent split limits for bodily injury and retentions exceeding$10,000 require approval of the City of property damage.Coverage shall be on"arty auto"including Fort Worth as respects this Contract. leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. 5) The City of Fort Worth shall be notified in writing a minimum 2) Commercial General Liability: $1,000,000 each occurrence. of thirty days prior to an insurer's action in the event of Coverage under the policy shall be as comprehensive as cancellation, non-renewal or material change in coverage that provided in a current Insurance Services Office(ISO) regarding any policy providing insurance coverage required policy form approved for use in Texas and the policy shall in this Contract. have no exclusions by endorsement unless such are approved by the City. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing 7) The Contractor shall provide certificates of insurance to the Materials, the Contractor shall be required to maintain City prior to commencement of operations pursuant to this Asbestos Abatement Liability Insurance as follows: Contract.Any failure on part of the City of Fort Worth to $1,000,000 per occurrence; $2,000,000 aggregate limit. request such documentation shall not be construed as a The coverage shall include any pollution exposure,including waiver of insurance requirements specified herein. environmental impairment liability, associated with the services and operations performed under this contract in 8) The City of Fort Worth shall be entitled,upon request and addition to sudden and accidental contamination or pollution without incurring expense,to review the insurance policies liability for gradual emissions and dean-up costs. including endorsements thereto and, at its discretion, to require proof of payment for policy premiums. K4 BUILDERS RISK INSURANCE. 9) The City of Fort Worth shall not be responsible for paying Unless stated otherwise in the Proposal or Invitation, the the cost of insurance coverages required herein. Contractor shall procure,pay for and maintain at all times during the term of this Contract,Builder's Risk Insurance against the 10) Notice of any actual or potential claim and/or litigation that perils of fire,lightning,windstorm,hurricane,hail,rid,explosion, would affect insurance coverages required herein shall be civic commotion,smoke,aircraft,land vehicles,vandalism,and provided to the City in a timely manner. malicious mischief,at a limit equal to 10096 of the Contract Sum. 11) "Other insurance"as referenced in any policy of insurance The policy shall include coverage for materials and supplies while providing coverages required herein shall not apply to any in transit and while being stored on or off site. If specifically insurance policy or program maintained by the City of Fort required in the Instructions to Bidders,the policy shall include Worth. coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof Consequential damage due to faulty workmanship and/or design as specified herein or the Contractor shall provide such performed by the Contractor or his agents shall be covered. coverage on the Contractor's subcontractors. Upon completion of the Work,the Contractor shall notify the City SECTION L of Fort Worth in writing before terminating this insurance. CHANGES IN THE WORK K-5 PROOF OF CARRIAGE OF INSURANCE.The Contractor L-1 CHANGE ORDER. The Owner,without invalidating shall provide a certificate of insurance documenting the the Contract,may order Changes in the Work within the general Transportation and Public Works Deparbnent,City of Fort Worth scope of the Contract consisting of additions,deletions or other as a "Certificate Holder", and noting the specific project(s) revisions, the Contract Sum and the Contract Time being covered by the Contractor's insurance as documented on the adjusted accordingly. All Such Changes in the Work shall be certificate of insurance. More than one certificate may be authorized by Change Order,and shall be executed under the required of the Contractor depending upon the agents antor applicable conditions of the Contract Documents. insurers for the Contractor's insurance coverages specified for the project(s). A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect,issued after the execution K-6 OTHER INSURANCE RELATED REQUIREMENTS. of the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time.The Contract Sum and 1) The City of Fort Worth shall be an additional insured, by the Contract Time may be changed only by Change Order. endorsement,on all applicable insurance policies. Any changes in work required due to changed or unforeseen 2) Applicable insurance policies shall each be endorsed with conditions,or by request of either the Contractor or the City,shall a waiver of subrogation in favor of the City of Fort Worth. be coordinated with the Director,Department of Transportation 3) Insurers of policies maintained by Contractor and its and Public Works. A change order must be written and duly subcontractor(s), if applicable, shad be authorized to do negotiated and executed prior to performing changed work. business in the State of Texas,or otherwise approved by the The cost or credit to the Owner resulting from a Change in the City of Fort Worth,and such shall be acceptable to the City Fort Worth shall be determined in one or more of the following of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII,as t) by mutual acceptance of a lump sum property itemized, stated in current edition of A.M.Bests Key Rating Guide. including the allowance to l Contractor for overhead and profit the City's sole discretion,a less favorable rate may be n stipulated in the original contract proposal; accepted by the City. GC- 17 of 23 �„ 10/11/99 2) by unit prices stated in the Contract Documents or L-3 OVERHEAD ALLOWANCES FOR CHANGES: subsequently agreed upon;or Should any change in the work or extra work be ordered,the following applicable percentage shall be added to Material and 3) by cost and a mutually acceptable fixed or percentage fee. Labor costs to cover overhead and profit: Fill If none of the methods set forth herein above is agreed upon,the 1. Allowance to the Contractor for overhead and profit for extra Contractor,provided he receives a Change Order,shall promptly work performed by the Contractors own forces shall not exceed proceed with the Work evolved.The cost of such work shall then fifteen percent1( 596). be determined on the basis of the Contractor's reasonable expenditures and savings,including a reasonable allowance for 2. Allowance to the Contractor for overhead and profit for extra overhead and profit as indicted in the original contract proposal. work performed by a Subcontractor and supervised by the In such cases,the Contractor shall keep and present,in such Contractor shall not exceed ten percent1( 096). form as the Architect shall prescribe, an itemized accounting together with appropriate supporting data. Pending final L4 MINOR CHANGES IN THE WORK. The Architect determination of cost to the Owner,payments on account shall be shall have authority to order minor changes in the Work not made on the Architect's Certificate of Payment as approved by involving an adjustment in the Contract Sum or an extension of the Owner. the Contact Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field ,ff after the contract has been executed,the Architect,requests a Order or by dher written order.Such changes shall be confirmed price proposal from the Contractor for a proposed change in in writing by the Architect and shall be binding on the Owner and scope of the work,Contractor shall process such proposal within the Contractor. seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if L-5 FIELD ORDERS. The Architect may issue written approval is recommended,forward the proposed change order Field Orders which interpret the Contract Documents in request and price proposal to the Owner for approval. If the accordance with Section A,or which order minor changes in the Architect will attempt to negotiate with Contractor to revise the Work in accordance with Section L without change in Contract proposal to a figure which is fair and reasonable and forward it on Sum or Contract Time.The Contractor shall carry out such Field to the Owner for approval.If the negotiations do not result in an Orders promptly. equitable solution,the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by SECTION M the City and require specific documentation to be provided by UNCOVERING AND CORRECTION OF WORK Contractor in accordance with the paragraph above. M-1 UNCOVERING OF WORK. If any Work should be Contractor is advised that according to City of Fort Worth covered coritrary to the request of the Owner or Architect,it must Charter, that when the cumulative effect of Change Orders be uncovered for observation and replaced,at the Contractor's results in an increase in cost of the contract amount by over expense. $3,000,the City Council must approve all such Change Orders which will exceed this limit.Normal processing time for the City If any other work has been covered which the Owner or Architect Staff to obtain City Council approval, once the recommended have not specifically requested to observe prior to being covered, change order has been received at the City,is approximately thirty the Architect or the Owner may request to see such work and it }� (30)days . Owner,Architect and Contractor shall endeavor to shall be uncovered by the Contractor.If such Work be found in identify Change Order items as early in the Construction process accordance with the Plans and Specifications, the cost of as possible to minimize their impact on the construction schedule. uncovering and replacement shall,by appropriate Change Order, be charged to the Owner. If such work be found not in If unit prices are stated in the Contract Documents or accordance with the Plans and Specifications, the Contractor subsequently agreed upon, and if the quantities originally shall pay such costs unless it be found that this condition was contemplated are so changed in a proposed Change Order that caused by a separate contractor employed by the Owner. application of the agreed unit prices to the quantities of Work dw proposed will create a hardship on the Owner or the Contractor, M-2 CORRECTION OF WORK. The Contractor shall the applicable unit prices shall be equitably adjusted to prevent promptly correct all work rejected by the Owner or Architect as such hardship. defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and If the Contractor claims that additional cost or time is involved whether or not fabricated,installed or completed.The Contractor because of (1) any written interpretation issued pursuant to shall bear all costs of correcting such rejected Work,including Section A,(2)any order by the Architect or Owner to stop the the cost of the Architect's additional service thereby made Work pursuant to Section B,where the Contract was not at fault, necessary. or (3) any written order for a minor change in the Work, the Contractor shall make such claim. If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the by the terms of any applicable special guarantee required by the Contractor wirh to make a claim for an increase in the Contract Contract Documents,any of the work is found to be defective or Sum or an extension in the Contract Time, he shall give the not in accordance with the Contract Documents,the Contractor Architect written notice thereof within a reasonable time after the shall correct it promptly after receipt of a written notice from the occurrence of the event that gave rise to such claim.This notice Owner to do so, unless the Owner has previously given the shall be given by the Contractor before proceeding to execute the Contractor a written acceptance of such condition, describing Work, except in an emergency endangering life or property in same specifically and not generally.The Owner shall give such which case the Contractor shall proceed in accordance with notice promptly after discovery of the condition. Section J. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such All such defective or non-conforming work under the preceding claim,if approved by the Owner,shall be authorized by Change paragraphs shall be removed from the site where necessary,and —• Order. GC- 18 of 23 t 10/11/99 the work shall be corrected to comply with the Contract Contractor and may finish the work by whatever method he may Documents without cost to the Owner. deem expedient.In such case the Contractor shall not be entitled 1100 to receive any further payment until the Work is finished. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or If the costs of finishing the Work,including compensation for the correction. Architect's additional services.,exceed the unpaid balance of the Contract,the Contractor shall pay the difference to the Owner. If the Contractor does not remove such defective or non- conforming work within a reasonable time fixed by written notice The City of Fort Worth may terminate this contract in whole,or from the Architect or the Owner,the Owner may remove it and from time to time,in part,whenever such termination is in the best may store the materials or equipment at the expense of the interest of the City. Termination will be effected by delivering to aw Contractor. If the Contractor does not pay the cost of such the Contractor a notice of termination specifying to what extent removal and storage within ten days thereafter,the Owner may performance of the work of the contract is being terminated and upon ten additional days'written notice sell such work at auction the effective date of termination. After receipt of termination the or at private sale and shall account for the net proceeds thereof, contractor shall: �., after deducting all the costs that should have been bome by the Contractor including compensation for additional architectural a) Stop work under the Contract on the date and to the extent services.If such proceeds of sale do not cover all costs that the specified on the notice of termination. Contractor should have bome,the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. b) Place no further orders or subcontracts except as may be If the payments then or thereafter due the Contractor are not necessary for the completion of the work not terminated. sufficient to cover such amount, the Contractor shall pay the difference to the Owner. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the If the Contractor fails to correct such defective or non-conforming notice of termination. work,the Owner may correct it in accordance with Section G. After termination as above, the City will pay the contractor a The obligation of the Contractor under this Section shall be in proportionate part of the contract price based on the work addition to and not in limitation of any obligations imposed upon completed; provided, however,that the amount of payment on him by special guarantees required by the Contract Documents termination shall riot exceed the total contract price as reduced by or otherwise prescribed by law. the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise M-3 ACCEPTANCE OF DEFECTIVE OR NOW made. Contractor shall submit its claim for amounts due after CONFORMING WORK. If the Owner prefers to accept defective termination as provided in this paragraph within 30 days after or non-conforming work,he may do so instead of requiring its receipt of such claim. In the event of any dispute or controversy removal and correction,in which case a Change Order will be as to the propriety or allowability of all or any portion of such claim issued to reflect an appropriate reduction in the Contract Sum,or, under this paragraph, such dispute or controversy shall be if the amount is determined after final payment,it shall be paid by resolved and be decided by the City Council of the City of Fort the Contractor. Worth,and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract SECTION N TERMINATION OF THE CONTRACT SECTION O SIGNS N-1 TERMINATION BY THE CONTRACTOR. If the work is stopped for a period of 30 days under an order or any court or The Contractor shall construct and install the project designation other pudic authority having jurisdiction,through no act or fault of sign as required in the Contract Documents and in strict the Contractor or a Subcontractor or their agents or employees or accordance with the Specifications for 'Project Designation any other persons performing any of the work under a contract Signs.'This sign shall be a part of this Contract and shall be with the Contractor,or if the work should be stopped for a period included in the Contractor's Base Bid for the Project. of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I,then the Contractor SECTION P may after the end of such period of 30 days and upon seven TEMPORARY FACILITIES additional days'written notice to the Owner and the Architect, terminate the Contract. P-1 SCOPE. The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the N-2 TERMINATION BY THE OWNER. If the contractor performance of this Contract, including those shown and is adjudged as bankrupt,or if he makes a general assignment for specified. the benefit of his creditors,or if a receiver is appointed on account PW of his insolvency,of if the Contractor refuses,except in cases for P-2 USE OF TEMPORARY FACILITIES. All temporary which extension of time is provided,to supply enough property facilities shall be made available for use by all workmen and skilled workmen or proper materials,or if he fails to make prompt subcontractors employed on the project, subject to reasonable payment to Subcontractors or for materials or labor,or fails to directions by the Contractor as to their proper and most efficient empty with al Laws,Statutes,Charter,Ordinances,Regulations utilization. or Orders of any public authority having jurisdiction,or otherwise is guilty of a substantial violation of a provision of the Contract P-3 MAINTENANCE AND REMOVAL. The Contractor Documents, then the Owner, on its own initiative or upon shall maintain temporary facilities in a proper,safe operating and certification by the Architect that sufficient cause exists to justify sanitary condition for the duration of the Contract. Upon such action,may,without prejudice to any rights or remedy and completion of the Contract,all such temporary work and facilities after giving the Contractor and his surety,if any,seven(7)days' shall be removed from the premises and disposed of unless written notice,terminate the employment of the Contractor and otherwise directed or specified hereunder. take possession of the site and of all materials,equipment,tools, construction equipment and machinery thereon owned by the GC- 19 of 23 10/11/99 r P-4 FIELD OFFICES AND SHED. The Contractor shall outlets so that 50 foot long extension cords will reach all work provide a temporary field office building for himself, his requiring light or power. op subcontractors and use by the Architect. For construction contracts with a bid price in excess of $1,000,000.00, the 1-1-ghting. Supply and maintain temporary lighting so that work of Contractor shall provide a separate field office for the City's field all trades may be properly and safely performed,in such areas representative (but the separate office may be in the same and at such time that day-lighting is inadequate.Provide at least ,WM structure). The buildings shall afford protection against the 0.75 watts of incandescent lighting per squgr4e foot and maintain weather,and each office shall have a lockable door,at least one a socket voltage of at least 110 volts.Use at least 100 watt lamps. window,adequate electrical outlets and lighting,and a shelf large In any event,the lighting intensity shall not be less than 5 foot enough to accommodate perusal of the project drawings. candles in the vicinity of work and traffic areas. Openings shall have suitable locks. Field offices shall be Rmaintained for the full time during the operation of the work of the P-8 HEATING. Heating devices required under this Contract.During cold weather months,the field offices shall be paragraph shall not be electric. The Contractor shall provide suitably insulated and equipped with a heating device to maintain heat,ventilation,fuel and services as required to protect all work 70 degree Fahrenheit temperature during the workday. During and materials and to keep the humidity down to the extent 00 warm weather the offices shall be equipped with an air required to prevent corrosion of any metal and to prevent conditioning device to maintain temperature below 75 degrees F. dampness or mildew which is potentially damaging to materials Upon completion of the work of the Contract,the Contractor shall and finishes.All such heating,ventilation and services shall be remove the building from the premises.In addition to the drawing provided and maintained until final acceptance of all work. In shelf,provide for the City field representatives office:one deck, addition,the Contractor shall provide heat ventilation prior and four chairs,plan rack and a four drawer filing cabinet(with lock). during the following work operations as follows: Each office shall contain not less than 120 square feet of floor space. a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the The Contractor shall provide and maintain storage sheds,other spaces involved to not less than 40 F. temporary buildings or trailers on the project site as required for his use.Location of sheds and trailers shag be as approved by b) From the beginning of the application of drywall and during the Architect. Remove sheds when work is completed, or as the setting and curing period, provide sufficient heat to -x directed. produce a temperature in the spaces involved of not less than 55 F. P-5 TELEPHONE. The Contractor shall provide and pay for telephone installation and service to the field offices described c) For a period of seven (7)days previous to the placing of above.Service shall be maintained for the duration of operations interior finish materials and throughout the placing of finish under this contract.The Contractor shall provide for and pay for painting,decorating and laying of resilient flooring materials, an automatic telephone-answering device at the site office for the provide sufficient heat to produce a temperature of not less duration of the project.The contractor shag provide a separate than 60 F. telephone line, and instrument for use by the City's field representatives. P-9 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION P-6 TOILET FACILITIES. The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all The Contractor shall provide, maintain, and remove upon workmen and subcontractors employed on the project. completion of the work all temporary rigging,scaffolding,hoisting equipment, rubbish chutes, ladders to roof,barricades around P-7 UTILITIES. Contractor shag make all necessary openings,and all other temporary work as required to complete all arrangements and provide for temporary water and electricity work of the Contract. Contractor shall coordinate the use and required during the construction. Contractor shall provide and fumishing of scaffolds with his sub-contractors. install temporary utility meters during the contract construction period.These meters will be read and the Contractor will be billed The Contractor shall provide, maintain, and remove upon on this actual use. The Contractor shall provide all labor and completion of the work,or sooner,if authorized by the Architect, materials required to tap into the util'6ies.The Contractor shall all fences, barricades, lights, shoring, pedestrian walkways, make the connections and extend the service lines to the temporary fire escapes,and other protective structures or devices construction area for use of all trades.Upon completion of the necessary for the safety of workmen,City employees,equipment, work all utility lines shall be removed and repairs made to the the public and property. existing lines. Only utilities at existing voltages, pressures, frequencies,etc.will be available to the Contractor. All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the Water. Provide an ample supply of potable water for all purposes authorities having jurisdiction, including insurance companies, of construction at a point convenient to the project or as shown on with regards to safety precautions,operation and fire hazard. the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry The Contractor shall provide and maintain pumping facilities, water to every required part of the construction and allow the use including power, for keeping the site, all times, whether from of water facilities to subcontractors engaged on the work.Provide underground seepage,rainfall,drainage of broken lines. pumps,tanks and compressors as may be required to produce required pressures. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not Electric Service. Provide adequate electric service for power and feasible,maintain a night lighting to all points where required.Temporary,electric service shall be of sufficient capacity and characteristics to supply proper The Contractor shall provide and maintain all barricades or current for various types of construction tools,motors,welding enclosures,required to protect the work in progress from outside machines,lights,heating plant,air conditioning system,pumps, elements,dusts,and other disturbances as a result of work under and other work required. Provide sufficient number of electric this Contract. Such protection shall be positive,shall meet the approval of the Architect and shall be maintained for the duration GC-20 of 23 10/11/99 of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD. The Contractor shall furnish, install and maintain during the life of the project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking.The bulletin board shall be mounted where and as approved by the Architect,in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment.The bulletin board shall remain the property of the Contractor and shall be removed by him upon completion of the Contract work.The following information which will be furnished by the City to the Contractor,shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster(Form SOL 155),with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas. r GC-21 of 23 10/11/99 GENERAL CONDITIONS INDEX D-24 Communications A DEFINITIONS PROCEDURES AND INTERPRETATIONS E SUBCONTRACTORS A-1 Contract Documents E-1 Definition A-2 Entire Agreement E-2 Award of Subcontracts A-3 Work E-3 Tema of Subcontracts A-4 Execution of the Contract Documents E-4 Minority and Women's Business Enterprise A-5 Familiarily with Proposed Work (MIWBE) A-6 One Unified contract E-5 Payments to Sub-Contractors A-7 Division of Work A-8 Interpretations F SEPARATE CONTRACTS �- A-9 Copies of Working Drawings and Specifications F-1 Owners Right A-10 Minority and Women's Business Enterprise F-2 Mutual Responsibility of Contractors Policy F-3 Cutting and Patching Under Separate A-11 Correlation and Intent Contracts A-12 Age F-4 Owners Right to Clean Up A-13 Disability G MISCELLANEOUS PROVISIONS B IDENTITY OF ARCHITECT G-1 Conflict of Laws B-1 Contract Administration G-2 Governing Laws B-2 Termination and Suspension of Work G-3 Personal Liability of Public Officials B-3 Duties of Architect G-4 Compliance with Laws B-4 Architect as Representative of the Owner G-5 Indemnification B-5 Access to Job Site G-6 Successors and Assigns B-6 Interpretations G-7 Written Notice B-7 Authority to Stop Work G-8 Surety Bonds B-8 Miscellaneous Duties of Architect G-9 Owners Right to Carry Out the Work B-9 Termination of Architect G-10 Royalties and Patents G-11 Tests C OWNER G-12 Interruption of Existing Utilities Services G-13 Laying Out Work C-1 Identification G-14 Measurements C-2 Duties tithe Owner G-15 Existing Overhead or Underground Work C-3 Instructions G-16 Alignment of Joints in Finish Materials C-4 Access to Job Site G-17 Integrating Existing Work C-5 Progress Inspections G-18 Hazardous Material Certification C-6 Authority to Stop Work G-19 Location of Equipment and Piping C-7 Substantial Completion Inspection G-20 Overloading C-8 Right to Audit G-21 Manufacturers Instruction G-22 Cleaning Up D CONTRACTOR G-23 Dust Control G-24 Fire Protection D-1 Identification G-25 Cutting and Patching D-2 Independent contractor G-26 Project Closeout D-3 Subletting G-27 Guarantee and Extended Guarantee D-4 Review of contract Documents G-28 Y2K Compliance Requirements D-5 Supervision G-29 Record Drawings D-6 Labor and Materials G-30 Construction Fence D-7 Prevailing Wage Rate G-31 Product Delivery,Storage,Handling D-8 Warranty G-32 Removal of Salvaged Material D-9 Taxes D-10 Licenses,Notices and Fees H CONTRACT TIME D-11 Cash Allowances DA 2 Superintendent H-1 Definitions D-13 Responsibility for Employees and Sub- H-2 Progress and Completion contractors H-3 Delays and Extension of Time D-14 Failure to Commence work H-4 No Damage for Delay D-15 Progress Schedule D-16 Drawings and Specifications at the Site I PAYMENTS AND COMPLETION D-17 Shop Drawings and Samples D-18 Site Use 1-1 Contract Sum D-19 Safe Work Practices 1-2 Schedule of Values D-20 Field Offices and Sheds 1-3 Adjustment of Quantities D-21 Trench Safety 1-4 Progress Payments D-22 Cutting and Patching of Work 1-5 Certificates for Payment s D-23 Cleaning Up 1-6 Payments Withheld GC-22 of 23 •• 10/11/99 1-7 Unresolved Claims M UNCOVERING AND CORRECTION OF 1-8 Liquidated Damages WORK 1-9 Failure of Payment 1-10 Substantial Completion and Final Payment M-1 Uncovering of Work M-2 Correction of Work J PROTECTION OF PERSONS AND M-3 Acceptance of Defective or Non-Conforming PROPERTY Work J-1 Safety Precautions and Programs N TERMINATION OF THE CONTRACT J-2 Safety of Persons and Property J-3 Hard Hats N-1 Termination by the Contractor J-4 Emergencies N-2 Termination by the Owner K INSURANCE O SIGNS K-1 Insurance Required P TEMPORARY FACILITIES K-2 Workers'Compensation Insurance P-1 Scope K-3 Liability Insurance P-2 Use of Temporary Facilities K-4 Builder's Risk Insurance P-3 Maintenance and Removal K-5 Proof of Insurance P-4 Field Offices and Sheds K-6 Other Insurance Related Requirements P-5 Telephone P-6 Toilet Facilities L CHANGES IN THE WORK P-7 Utilities P-8 Heating L-1 Change Order P-9 Temporary Construction,Equipment and L-2 Claims for Additional Cost or Time Protection L-3 Overhead Allowance for Changes P-10 Project Bulletin Board L-4 Minor Changes in the Work L-5 Field Orders Q VENUE 00000 GC-23 of 23 10/11/99 r WEATHER TABLE r- rMonth Average Inches of SnowAce Days of Rain Rainfall Pellets r r January 7 1.80 1 February 7 2.36 • r March 7 2.54 • April 8 4.30 0 r May 8 4.47 0 June 6 3.05 0 r 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 r (3) Mean number of days 1.0 inch or more ' Less than 0.5 inches 110 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 r based on record of 1941-1970 period. This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in �. calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month,the contract period will be adjusted by Change Order. rp WT-2 2000 BUILDING&CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE AIR CONDITIONING MECHANIC 515.96 PLASTERER 13.29 AIR CONDITIONING MECHANIC HELPER 8.81 PLASTERER HELPER 8.63 ACOUSTIC CEILING INSTALLER 13.82 PLUMBER 16.26 ACOUSTIC CEILING INSTALLER HELPER 9.79 PLUMBER HELPER 9.39 BRICKLAYER/STONE MASON 13.25 REINFORCING STEEL SETTER 11.88 BRICKLAYER/STONE MASON HELPER 9.86 REINFORCING STEEL HELPER 9.18 CARPENTER 13.00 ROOFER 13.17 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 HANDER 12.70 CONCRETE FORM BUILDER HELPER 8.87 SHEETROCK HANGER HELPER 9.71 DRYWALL TAPER 11.87 SPRINKLER SYSTEM INSTALLER 16.93 DRYWALL TAPER HELPER 8.25 SPRINKLER SYSTEM INSTALLER HELPER 7.81 ELECTRICIAN JOURNEYMAN 16.29 STEEL WORKER STRUCTURAL 14.66 ELECTRICIAN HELPER 10.20 STEEL WORKER STRUCTURAL HELPER 7.91 ELECTRONIC TECHNICIAN 12.86 WELDER 14.87 ELECTRONIC TECHNICIAN HELPER 12.67 WELDER HELPER 9.67 FLOOR LAYER(CARPET) 13.58 FLOOR LAYER(RESILIENT) 14.48 HEAVY EQUIPMENT OPERATORS FLOOR LAYER HELPER 8.56 GLAZIER 13.66 EQUIPMENT OPERATORS 14.66 GLAZIER HELPER 9.26 CONCRETE PUMP OPERATORS 13.30 INSULATOR 15.89 INSULATOR HELPER 9.46 CRANE,CLAMSHELL,BACKHOE, LABORER COMMON 7.82 DERRICK,D LINE SHO 13.03 LABORER SKILLED 9.66 LATHER 15.80 FORKLIFT OPERATOR 10.34 LATHER HELPER 11.75 FOUNDATION DRILL OPERATOR 11.66 METAL BUILDING ASSEMBLER 13.34 FRONT END LOADER OPERATOR 11.60 METAL BUILDING ASSEMBLER HELPER 7.85 TRUCK DRIVER 9.80 PAINTER 11.93 PAINTER HELPER 8.30 PIPEFITTER 14.33 PIPEFITTER HELPER 10.93 WR-2 FoFTW0FTH TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. 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 fined up to 5500 per offense. JIM Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section I. Purchasers: City of Fort Worth Street Address: 1000 Throckmorton City,State,Zip Code: (Fort Worth Texas 76102 Signaturel£itlo: Z?4-c.t (,.fit 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 east. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. FINANCE DEPARTMENT PURCHASING DIyis1ON THE CITY OF FORT WORTH It 1000 THROCKMORTov STREET * FORT WORTH, TEXAS 76102 1 (817) 871-8360 * FAX(817)871-8440 V Printed on re PROJECT DESIGNATION SIGN 1-1/2" ryFiok.--T OkT.14 Von- 3" 3" Project Title 4" 4•-0" -i� Contractor: 117' 2� Contractors Name 1-314" 1- FUNDED BY 2-12" 1-1l2 _ SCHEDULED COMPLETION DATE 1" YEAR ti-tirr SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE, CONTRACTOR,BOND AND COMPLETION DATE INFORMATION IS IN HELVEITCA. CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE LINES THAT 'COMPOSE THE"STAR"ARE PMS 187. 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 23rd day of May 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 AA Applicators, Inc.of the City of Dallas County of Dallas 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 TEN BUILDINGS / PKG V03 FOUR 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 $72,556.00 and includes the base bid and No Alternates. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 90 calendar days. Insurance Requirements: 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, and Builder's Risk. Contractor agrees to provide to the City a Certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with State Law. No Notice to Proceed will be issued until the Contractor has complied with this section. C . 1 :V�E(GE'MQV Contract agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. If this Contract is in excess of$25,000, the Contractor shall provide Payment Bond. If the 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 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 231 day of May ,AD, 20 00 . Contractor By: APPROVE Name L/1stw.#iT f. By: Office-1 Assistant City Manager APPROVAL RECOMMENDED: RECORD By: By: Transportation and Public Works dity Secreta y APPROVED AS TO FORM AND LEGALITY: (P "ego'LA.� Date By. &i44 / 0AJ City Attorney Contract Authorization DrvvrY ,�- c�3'pe) Date C - 2 ufflBAL ECoQD R VD-)FPTfMn. Wr�c_ Bond No. TXC 1756 PERFOD'dJA*:CE '"DO NTD THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENT: That we (1) AA Applicators,Inc. (2) Company of Texas hereinafter called Principal and (3) Merchants Bonding Company (Mutual) 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: Seventy Two Thousand,Five hundred Fifty Six Dollars $72,556.00 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 23rd day of May_,2000, a copy of which is hereto attached and made a part hereof, for the construction of: ROOF REPLACEMENT TEN BUILDINGS / PKG V03 FOUR 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 Y harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and N 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 AMPERBOND.FRM or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in 6 Counterparts each one of which shall be deemed an-original,this the 23rd day of May . 2000. - A A APPLICATORS, INC. Principal(4) AT"TES'� , - By. (Principal ecretary (Printed Nam /T' ) (SEAL) P. O. Box 780469 ADDRESS Dallas, TX 75378-0469 CITY/STATE/ZIP MERCHANTS BONDING COMPANY (MUTUAL) (Address) (Surety) ATTEST: (Surety) Secretary (Attorney-in-Fact)(5) JSEAL) Don E. Smith / (Printed Attorney-in-Fact) lC ti. Witness as to Surety Note: Date of Bond must not be prior to date of Contract (1) Correct name of Contractor (2) A Corporation,a Partnership or and Individual,as case may be (3) Correct Name of Surety (4) If Contractor is partnership all Partners should execute bond (5) A true copy of Power of Attorney shall be attached to bond by Attorney-in-Fact AMPERBONDY M Bond No. TXC 1756 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we, AA Applicators,Inc. a corporation of Dallas County, Texas , hereinafter called Principal and (3) Merchants Bonding Company (Mutual) 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 finely 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- Seventy Two Thousand,Five Hundred Fifty Six Dollars $72,556.00 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators 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 23rd day of May ,2000, a copy of which is hereto attached and made a part hereof,for the construction of.- ROOF f:ROOF REPLACEMENT TEN BUILDINGS / PKG V03 FOUR 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. A:15PAYBOND.FRM PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESSETH WHEREOF,this instrument is executed in 6 counterparts,each one of which shall be deemed an original,this the 23rd day of Mav ,2000. A A APPLICATORS, INC. Principal (4) ATTEST;/ BY: 4i& (Principal) Secretary h' (Printed Nam t itl ) (SEAL) P. O. Box 780469 ADDRESS Dallas, TX 75378-0469 CITY/STATE/ZIP MERCHANTS BONDING COMPANY (MVI'UAL) (Address) (Surety) ATTEST: n (Surety) Secretary By: Cly ', o� (Attorney-in-Fact)(5) Don E. Smith _ (Printed Attorney-in-Fact) (SEAL? a Witness as to Suret Note: Date of Bond must not be prior to date of Contract (l) Correct name of Contractor (2) 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 A:15PAYBOND.FRM Merchants boncatng company (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint RAY WATSON AND/OR DON E. SMITH of RICHARDSON and State of TEXAS its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the lirriifation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all such acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,1992. ARTICLE II,SECTION 8.—The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seat when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 29TH day of DECEMBER , 1999- •Q�N•t o MERCHANTS BONDING COMPANY(MUTUAL) i' :�o�oRP09••'Oy' 1933 :c• By -� 6 • �li.'••••••'`'� • aresiaenr STATE OF IOWA '•. .•' COUNTY OF POLK ss On this 29TH day of DECEMBER 1999 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines.Iowa,the day and year first above written. M0 Cc Z Notary Public.Polk County,Iowa IOWA o STATE OF 101PIA ••'•0 00�`I R I•A\-SSP'. COUNTY OFPOLK ss '•......•••• I,Wiliam Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said MERCHANTS BONDING COMPANY(MUTUAL).which is stili in force and effect. In Witness Whereof,I have hereunto set my hand and affixed the Seal of the Company on this 23rd day of May, 200014 .•••••. / . Seenr•ry CIA trsc 0a 14 taeat 1933 C ••;� ... 'ate'. COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that you have filed, write to the company that issued the bond or policy. If the problem is not resolved, you may also write to the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax # (512) 475-1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond or policy. MSC 0838 FBaldwin CERTIFICATE OF LIABILITY INSURANC ID SL DATE(MM/DD/YY) P-1 05/30/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE IIns � Bonding Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Drive, Suite B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Richardson TX 75081 Phone: 972-644-2688 Fax:972-644-8035 INSURERS AFFORDING COVERAGE r-M INSURED INSURERA: American Equity Insurance Co. INSURER B: Essex Insurance Company AA ApgBlicators Inc. INSURER C: General Accident Insurance P.O. ox 780464 INSURER D: Dallas TX 75378-0469 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 1-4 ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY ACC052473 09/01/99 09/01/00 FIRE DAMAGE(Any one fiire) $50000 CLAIMS MADE EKOCCUR MED EXP(Any one Penson) s5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ 1000000 POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s1000000 C X ANY AUTO BA018050303 02/20/00 02/20/01 (Ea accident) ALL OWNED AUTOS BODILY INJURY r-9 SCHEDULED AUTOS (Per Person) _ X HIRED AUTOS BODILY INJURY = X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG 5 EXCESS LIABILITY EACH OCCURRENCE s2000000 B X OCCUR CLAIMS MADE #TBD 05/04/99 05/04/00 AGGREGATE 52000000 $ DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION AND I TORY LIMITS I ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ JE.L.DISEASE-EA EMPLOYE 5 E.L.DISEASE-POLICY LIMIT 5 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Ten Buildings/PKGV03 City of Fort Worth Four Locations Fort Worth TX. #FF71-0157150. Certificate holder is additional insured with respect to general and auto liability. Ppm CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION f*1 FORTW-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Fort Worth NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Bill Matysek IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR r� 1000 Throckmorton Fort Worth TX 76102 REPRESENTATIVES. .4- ` r ' ACORD 2"(7/97) ©ACORD CORPORATION 1988 ATE ACO RDr� CERTIFICATE OF LIABILITY INSURANCE D05/30/ 00 r{,ru"ra THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Sammy J. Ray Insurance Agency ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1226 COMPANIES AFFORDING COVERAGE Euless,TX 76039 COMPANY ATexas Workers'Comp. Insurance Fund INSURED COMPANY Odyssey Resource Management, Inc. B 204 N. Ector COMPANY Euless,TX 76039- C Re:AA Applicators, Inc. COMPANY D COVERAM ' I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ t COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG E i CLAIMS MADE OCCUR _PERSONAL&ADV INJURY $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE E _ FIRE DAMAGE(Any one fire) t$ rMED EXP(Any one person) �$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY f NON-OWNED AUTOS (Per accident) $ I PROPERTY DAMAGE E r.� GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ I ' ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT �E AGGREGATE E EXCESS LIABILITY EACH OCCURRENCE $ r UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X f TORY LIMITS IOER EMPLOYERS'LIABILITY EL EACH ACCIDENT E 1,000,000 A THE PROPRIETOR/ (INCL TSF 0001084137 01/01/00 03/31/01 EL DISEASE-POLICY LIMIT E 1000000 PARTNERS/EXECUTIVE �— OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE E 1,000,000 OTHER DESCRIPTION OF OPERATION SILOCATIONSNEHICLES/SPECIAL ITEMS Project Re:Ten Buildings/Pkg V03; City of Fort Worth, Four(4) Locations; Fort Worth,Texas Job#FE71-0157150 CERTIFICATE HOLDER CANCELLATION AA31TX1F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attention: Bill Matysek 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1000 Throckmorton BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Fort Worth,TX 76102- OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Sammy J. Ray �ACORD 25-S(1/95) 4zv CORP ION 1988 6-13-2000 6:47AM FROM P. 2 YSi;J 4 0f y AGS&DINSURANCE BINDER �►� 0DATE 2 100 THIS SUNDER 15 4 TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE COND906 SWM ON THE REYERSS SIDE OF TM FORM. °�O alp 972-644-2689 mWANY 1629 972-644-8035 Tsayslexs ZasntancR Co $aldxin it. C. Rondifr►y Aa qy TOR UAW TIME 1201 Kas Dr*ve, Suite 13' I X AM X IMAM Rithacdson TX 75081 07/01/00 12:01 go 10101/op HooH Richard Mcnihaw --- �....— T}M561NDFR 1S R3t1lD TO fxft?1Q 0o1fE>1U10!M TMLr A90YE NAatEq QDMPAHY COOL tA19 CODl: o IDVIRINU P0►ICT t. Mnu pyAp pg-i - DE9CRIPtm OF OPERA dbdUc M L-100 t IN7URW Buildfer'a Risk Ah AW.lcatars, Ing, P.O. lkx 780459 Dailaa TX 75378-0469 CAV IGFs Luns TYPE OF OWPAWf COINS% AMOUNT v1aDPERTY CAUMy LOS$ .- . 4=�wrz GW WRAL L6 luw ISAra+o�cwlRf:HOP s C9MA wwuC G >u►e<nv ItMIE OAM+.0 O{A,s M.p" i - CLN"M1ACE F—i OCCUR MoD Elm(Aqr em pu..'4 t j iER'80NAf-I.AM qMUtY i S[ OENSRAL AGGRZAATE : RSIVW9ATCFORCLAM 16YI(J!: PROD"-COWOOAW t AwVMDe1t!<UAOt COI�MIED.31R01.E LIMIT 5 AMY AUTO 9ODLYIH.pMO%rpbmfkl _ ALL OI1WO AUTO$ 90Oa,T IN.RW ry aoddV4 i SCHICULODAUT4 PROPERTYOA"ri i HREDA" YCDIOALTAWMMO S pOM01NIH:6A 'Pyyp ��..��g��ONA1.1M,N1RYp1pOT_ i �1,� f AUTO PNY9Mx DEoutil6t.E AUI"aq%n 17mmumveMOL" ACTUAL CAM VALUE OOLUMwk STAMANE WT $ arm Trial eft I OTWR "` OAIU�CE LIARMaTY AUTO ONLY-EA AC06000 Z AWAUTO OTHftTNAH ONLY: ~ EACH A<.OoW $ ----�~ A90R6GATl i °'aBa LuueKm P,ARtI OCCURIUSHCE t UMOR=A PORIM w6[ t,ATL i OTIMER7F%N ELLAF01R1 REPRODAYRfORLLUMaMADEL SELF4MEUR®R9TbM0H i TYc sunnvRT Lwm WOICUU"G EL EACH EEACH ACCIDENT i AND EmnofeRiz LITY 94-DMIA21,tA fq*LOhCC j i EL DIBRWX•POUDY LWf i BDvf plaaeaeat - Tan 8uildirge l MW3' ' City or ?Oct North - $72556 � i Limit t LOOSUGO; $25000 Limit at a Temporary Location; *10000 zsanais TA7®S i OC y[pAp� Licit: $10UD DeQuOtible CSTAIATI;pTOYALPIRMWA S SAME 3 ADORES$ MOWFOA*ft ADDnI OVAL WPJRE0 LDeo PAYS LDAN e A AUTHQROA6 R�RIF3�QTATIYE ACM T"('1fE81 NpT6:8iP0ltTARdC SLATE fllEOf2NATION OI$REVERSE SIDE 4MAOCAM CORP'ORATCH IN3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, AA Applicators. Inc. certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Roof Replacement = Ten Buildings / PU V03 at Four Locations project -� number, FE71/0157150. By: �— Titl ate STATE OF TEXAS 3 COUNTY OF TARRANT 3 BEFORE ME, the undersi ned authority, on this day personally appeared k114 , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of � La 4�_-a lytz,S .Z,te , for the purposes and considerations therein expressed and in the capacity therein stated. N UNDER MY HAND AND SEAL OF OFFICE this day of 2000. JULUI A.H N KLE MY COMMISSION EXPIRES otary Public in and for the State of Texas 4 ; May 22,20411 (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. A:\3WORMOMYRM 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 V03 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, and corrugated metal roof systems to existing wood decks or open structure. 02072 - 2 PKG V03 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. 6. 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 V03 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 1 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 V03 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 V03 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 the property for material storage. D. Provide for access to the site and all equipment 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. 6 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 II, color, driftwood. 07310 - 2 PKG V03 r 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 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. �y C. Verify that installing of all metal flashing has been completed. I� D. Install asphalt shingle roofing and underlayments over dry surfaces, free of ridges, warps, and voids. I E. 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 V03 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. Gun stapling of shingles is not acceptable to owner. 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 V03 SECTION 07410 MANUFACTURED ROOF PANELS PART 1 - GENERAL 1.01 REFERENCES A. AISC: "Steel Construction Manual" American Institute of Steel Construction. B. AISI: "Cold Form Steel Design Manual," American Iron and Steel Institute. C. ASTM A792-83-AZ55: Specifications for steel sheet, aluminum-zinc alloy coated (galvanized) by the hot dip process, general requirements (galvalume). 1.02 MANUFACTURER'S QUALIFICATIONS A. Manufacturer has a minimum of three years experience in manufacturing panels of this nature. 1.03 INSTALLER'S QUALIFICATIONS A. Installation of panels and accessories by installers with a minimum of three years experience in panel projects of this nature and shall be approved by the panel manufacturer. 1.04 SUBMITTALS PP A. Submit manufacturer's information on panels. B. Warranty(s): 1. Metal roofing manufacturer, upon final acceptance for project, furnish a warranty covering bare metal and accessories against rupture, structural failure, and perforation due to normal atmospheric corrosion exposure for a period of twenty (20) years. 2. Installer shall warrant and maintain total system against leaks for a period of two (2) years. 1 1.05 PRODUCT DELIVERY, STORAGE AND HANDLING 0M A. Deliver panels to jobsite properly packaged to provide against transportation damage. � 07410 - 1 PKG V03 B. Exercise extreme care in unloading, storing and erecting panels to prevent bending, warping, twisting, end and surface damage. C. Store all material and accessories above ground on well skidded platforms. Store under waterproof covering. Provide proper ventilation to panels to prevent condensation build-up between panels. PART 2 - PRODUCTS 2.01 MATERIALS A. Roof Panels: Equal to MBCI "R" Panel 1. Panel profile: 1-1/4 inch high rib x 36 inch wide panel. 2. Panel style: Standard "R" Panel, 36 inches wide with major ribs at 12 inch centers. 3. Gage: 24 gage. 4. Substrate: G-90 galvanized, 80 KSI minimum rigid steel. 5. Exposed Fasteners: Self-tapping sheetmetal screws with neoprene washers. 6. Texture: Embossed. 7. Finish: Bare Glavalume. 2.03 FABRICATION A. Roll form panels in continuous lengths, full length of detailed runs. PART 3 - EXECUTION 3.01 SURFACE CONDITIONS A. Examination: 1. Inspect installed work of other trades and verify that such work is complete to a point where this work may continue. 2. Verify that installation may be made in accordance with approved shop drawings and manufacturer's instructions. B. Discrepancies: 1. In event of discrepancy, notify architect. 2. Do not proceed with installation until discrepancies have been resolved. 07410 - 2 PKG V03 3.02 INSTALLATION A. Install panels so that they are weathertight, without waves, warps, buckles, fastening stresses, or distortion, allowing for expansion and contraction. B. Install panels in accordance with manufacturer's installation instructions. C. Install panels plumb, level and straight with seams and ribs parallel. 3.03 CLEANING, PROTECTION A. Dispose of excess materials and remove debris from site. B. Clean work in accordance with manufacturer's recommendations. C. Protect work against damage until final acceptance. Replace or repair to the satisfaction of the architect, any work that becomes damaged prior to final acceptance. END OF SECTION 07410 - 3 PKG V03 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 V03 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. 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. 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 V03 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 P Y 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. 07560 - 3 PKG V03 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. B. Skylight Coating: Equal to Thermo clear Skylight Coating, single component, water based acrylic finish coat, designed as a clear drying finish for fiberglass skylights. 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. 07560 - 4 PKG V03