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HomeMy WebLinkAboutContract 26055 nW COPY FOIA CONTRACTOR BONDING CONTR,tCTOR'S RETARII � CrrY SEC THE CITY OF FORT WORTH, TEXAS�Cm MATrAGWs oMU EMGINEERING W. ITS SPACE ALTERATION-T'PW-FILE COPY LOWER LEVEL, CITY HAS TPW2000-005 CITY SECRETARY CONTRACT NO. PM Fo!jTWqkTH PP ---- KENNETH BARR BOB TERRELL MAYOR CITY MANAGER QDsolutions Hugo Malanga, P.E. Director, Transportation and Public Works Mike DiPaolo Information Technology Solutions FRS DESIGN GROUP April 2000 is �r,r City of Fort Worth, Texas Mayor and Council Communicatioyt DATE REFERENCE NUMBER LOG NAME PAGE 6/20/00 **C-18079 1 20FALKENBERG 1 of 2 SUBJECT AWARD CONSTRUCTION CONTRACT TO FALKENBERG CONSTRUCTION CO., INC. FOR THE RENOVATION OF OFFICES IN THE LOWER LEVEL OF CITY HALL RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with Falkenberg Construction Co., Inc. for the renovation of offices in the Lower Level of City Hall for $75,522.52 with a duration of 60 calendar days. DISCUSSION: ' FRS Architects prepared the design under the Annual Architectural Services Agreement. The Project consists of reconfiguring office space, modifying associated electrical and air-conditioning and heating distribution systems, and converting a secure storage area into general office space The project was advertised in the Fort Worth Commercial Recorder on April 6 and 13, 2000. On May 4, 2000 the following bids were received: BIDDER BASE BID CALENDAR DAYS A Triple R. General Contractors, Inc. $58,754.00 45 Falkenberg Construction Co., Inc. $75.522.52 60 Imperial Construction, Inc. $79,500.00 50 Tom S. Stephens Inc., of Fort Worth $80,000.00 105 Woodrose Company, Inc. $96,664.00 45 Joe R. Jones Construction, Inc. $98,874.00 75 Triple R. General Contractors was non-responsive as it failed to submit M/WBE documentation by the required date. Falkenberg Construction Co., Inc. is in compliance with the City's M/WBE Ordinance by committing to 42% M/WBE participation. The City's goal on this project is 18%. The Project Budget is as follows: Design and Construction Services $12,000 Management and Inspection $ 5,000 Construction Contract $75,523 Change Order Contingencies $ 6.000 Total $98,523 1� City of Fort Worth, Texas mayor and council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/20/00 **C-18079 20FALKENBERG 2 of 2 SUBJECT AWARD CONSTRUCTION CONTRACT TO FALKENBERG CONSTRUCTION CO., INC. FOR THE RENOVATION OF OFFICES IN THE LOWER LEVEL OF CITY HALL The project will have minimal operational impact on the General Fund budget. The Fort Worth City Hall is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Information Services Fund. MG:I ■ r Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 Originating Department Head: Y Hugo Malanga 7801 (from) APPROVED 6/20/00 P168 536010 0047000 $75,522.52 Additional Information Contact: Hugo Malanga 7801 E From.871-8488 To Bob Wood nate.w1 141[uuu ume o 10 io rwi 'eye J U.9 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 ITS SPACE ALTERATION LOWER LEVEL CITY HALL TPW2000-005 Bid Opening Date: May 4, 2000 (NO CHANGE) The Contract Documents and Specifications for the above referenced project are hereby revised and amended as follows: Work Hours: All work will be done after 5:00 PM and before 7:00 AM. Special attention should be paid to ventilation requirements during cutting of steel plate in old vault. Room L-61 C, not indicated on Plan. TECHNICAL SPECIFICATIONS See SK1 attached. Remove cubicle partitions in clouded area. Construct full height gypsum board/metal stud partitions as indicated. Add electrical/communications boxes and conduits Walker Duct in floor. Add door and frame. Ceiling, lighting,floor covering and exposed masonry remain as original. The contractor will pull power to existing panels. City will wire the commo and data circuits. Acknowledge the receipt of this addendum on your Proposal. H. A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS By: 68016- YV o-0-c� Bob Wood, R.A., Architectural Services 817-871-8088, Fax 871-8488 RELEASE DATE: April 14, 2000 Addendum 1 Page 1 of 2 n wu,w ru�w rv.uw••vw rt r' ,r W 4 o W W a w U 1 Li J El fit =- 77 ca 4 Z • •.N Addendum 1 Page 2 of 2 1 rrom.of i-o+oo CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 ITS SPACE ALTERATION LOWER LEVEL CITY HALL TPW2000-005 Bid Opening Date: May 4,2000(NO CHANGE) The Contract Documents and Specifications for the above referenced project are hereby revised and amended as follows: Work Hours: All work to be done between the hours of 5:00 PM and 11:00 PM, M-F except the 13t and 2nd Tuesdays of each month due to City Council meetings. Saturday day work will also be allowed. Site Use. The south "horseshoe" parking area will be available at night and Saturdays only for contractor parking and staging However, all demolished materials as well as building materials and vehicles must be removed per work day, and ingress and egress by the public must be maintained at all times. The freight elevator on the east side of the same area will be available for contractor use as limited by capacity and in coordination w/the City TPW Building Operator. TECHNICAL SPECIFICATIONS PLAN REVISIONS. See'A"and"B" attached. Sheet A-1 General Notes: Add Note 6: 'Nightly, seal return air grilles and return air slots around light fixtures (Troffers) in adjacent areas and rooms where demolition and reconstruction occur. Remove seals at end of each night's work." Add Note 7:"Utilize wet sanding on all new or reworked drywall.' Sheet A-1 Notes by symbol: Add to No. 4: "Match existing wall studs on stem wall extensions." Add No. 9: "Relocate card reader, electric door lock and intercom from existing south door to new south door, Room L-49C. Modify existing door and frame for standard hardware and operation" Acknowledge the receipt of this addendum on your Proposal H. A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS By, .iU 84 YI'bbQ. X.A.✓1. .A1 Bob Wood, R. A., Architectural Services 817-871-8088, Fax 871-8488 RELEASE DATE. April 27, 2000 rrom.atraooato o.....,.,.. r / ----C01�+11�I,►X LC�►5- - %,,V Aa 17 "fo PLvgQ,. ' 3Y. UT. , -4---- . gob. ® z ro Lr C� To P{.Dv I LRIG o I. J�;op NORTH 1;Z'0-FF—r-7, Tp d>"c=tjI,4AL. 1744WIN&S, �� NoTES � 501.5. ADDENDUM NO.2 ITS SPACE ALTERATION LOWER LEVEL CITY HALL TPW2000-005 NOTICE TO BIDDERS Sealed bids for TPW2000-005, ITS Space Alteration, Lower Level, City Hall, 1000 Throckmorton, Fort Worth,will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, May 4, 2000, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. A Pre-Bid Conference will be held at 10:30 AM, April 18, 2000, in the ITS Conference Room, City Hall, 1000 Throckmorton, Fort Worth. The Project consists of reconfiguring office space, modifying associated electrical and HVAC distribution systems, and converting a secure storage area in to general office space. The estimated cost for the project is about$60,000 The MWBE Goal for this project is 18%. Contact the MWBE office(871-6104)to obtain lists of certified subcontractors and suppliers. Contractors will be required to post Payment (and, if over $100,000, 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 Project Architect, Jim Vickery, FRS Design Group, 334-0556. Advertisement: April 6, 2000 April 13, 2000 TABLE OF CONTENTS NOTICE TO BIDDERS TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTION FOR BIDDERS (M/WBE) PROPOSAL GENERAL CONDITIONS WEATHER TABLE WAGE RATES TEXAS CERTIFICATE OF EXEMPTION TECHNICAL SPECIFICATIONS See Plans CONTRACT PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS'COMPENSATION LAW INSTRUCTIONS TO BIDDERS i 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. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE) If your bid is in excess of $25,000, the MWBE Program applies, and you have five City business days following the bid date to prepare and submit your M/WBE Plan. Early submittal is encouraged. Be aware that if you elect to provide documentation of a Good Faith Effort you will have to accomplish each and every action in the Special Instructions to Bidders, Minority and Women Business Enterprises Specifications, included in this Project Manual. In order to meet all the requirements for a Good Faith Effort you will have to start at least two weeks before the Bid date. The lowest responsive, responsible, bidder meeting the M/WBE requirements will be recommended for award. Information concerning participation of Minority and Women's Business Enterprises is not required for Projects less than $25,000. All purchases from M/WBE suppliers, second tier subcontractors and second tier suppliers may be included in M/WBE contribution toward meeting the goal. The Bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than 5:00 P.M. five (5) City business days after the bid opening date. The Bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. Successful Bidder will be required to submit co-signed letters of intent or executed agreements with all M/WBE subcontractors and suppliers prior to receiving a Notice to Proceed. 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 consid- ered 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. 5. PRE-BID SITE INVESTIGATION: Prior to filing a bid, the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy himself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements. 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the propos- al. 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 Contrector's.capability of performing the work and in meeting City contract requirements: Minority/Women's Business Documentation (for bids in excess of$25,000) Contractors Qualification Statement(AIA Form A305) Proposed Subcontractors and Suppliers Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to their meaning, he shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Bidders. The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a proposal. Oral instructions or decisions unless confirmed by addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. CONTRACT DURATION: Time is of the essence. City will evaluate the bids based upon construction cost and stated bid period of time for construction. Where the Bidder proposes time, the City will evaluate the City's program needs in determining the acceptability of the proposed contract duration. The City reserves the right to award the contract upon those terms considered by the City to be in its best interests. 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. 00000 PROPOSAL Y T0: MR. BOB TERR)=LL CITY MANAGER }•U" CITY OF FORT WORTH, TEXAS -Or Y rV_ FOR: TPW2000-005 ITS SPACE ALTERATION LOWER LEVEL, CITY HALL I 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: Reconfiguring office space, modifying associated electrical and HVAC distribution systems,and converting a secure storage area in to general office space $ 75,522.52 ; The undersigned agrees to complete the Work within 60 calendar days after the date of Notice to Proceed. p The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that j Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. I A. L) Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. L( Non-resident vendors in (give state), are not required to underbid resident bidders. B. LSI Our principal place of business or corporate offices are in the State of Texas. M 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 ($__ )is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000) • I am aware that I must submit information the Director,Transportation and Public Works,concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be RESPONSIVE. Respectfully submitted, FALKENBERG CONSTRUCTION COMPANY, INC. Company Name By: 'ice Signature Tony Gomez President Printed Name of Principal Title Address: 4850 Samuell Blvd. Street Mesquite, Texas 75149 City Zip Phone: 214/324-4779 Fax: 214/324-4667 Receipt is acknowledged of the following addenda: Addendum No. 1:dated 4/14/00 Addendum No.2: r r i h ATTACHMENT Page 2.0( City of Fort Worth Minority and Women Business Enterprise Specifications • MBE/WBE UTILIZATION Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(') Supplied(') r— y F 2 VTThe bidder further agrees to provide, directly to the City upon request, complete and accurate information regardinc actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid The bidder also agrees to allow an audit'and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer of employee of the City. Any intentional'and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three(3) years and for initiating action under Federal. State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an Irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. ALL=,a, and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Tony Gomez iuthorized Sign ure Printed Signature President Title Contact Name and Title (if different) _ Falkenberg Construction Co. , Inc. 214/324-4779 Company Name Telephone Number(s) 4850 Samuell Blvd. 214/324-4667 Address Fax Number Mesquite, T% 75149 05/11/00 CitylState/Zip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE 810 OPENING DATE Rev.6W9e Pages 1 and 2 of Attachment 1A must be received by the Managing Department MWBE-3 ATTACHMENT 1B Page 1 of 1 City of Fort Worth Minority and Women Business Enterprise Specifications Prime Contractor Waiver FALKMERG CONSTRUCTION CO. , INC. ITS Space Renovation Prime Company Name Project Name 05/04/00 Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). ' All questions on this form must be completed and a detailed explanation provided, If applicable, If the answer to either question Is NO,then you nwit complete ATTACHMENT 1C. This form is only applicable If Doth answers are yes. 4,. .,.. —ec ... Failure "o"'com lete�ftils orm lnits a fire ty and3be`j�eceived by�thelManaaina-Denartment:on�or. '•�.57. `."10�7n4f $C�. 1..+0"MiS :! r^yam is - •.�..,y,a+� before 5:00 o m.. rve?�)•Glty hue Hess dove after±bidropen nal ,exclusive f►ie;�id opening�date, �v111:resutt'in�the bld'b�'in"�"o"ide d "'"� ' r• x , �., ,_ g cse o espons}yeyo spec Eications: :�z,, �. Will you perform this entire contract without subcontractors? Yes %% No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. 1 Will you perform this entire contract without suppliers? Yes %% No 1 If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate Information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal,State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. /Lrl Tony Gomez Authorize ignature Printed Signature '~ President s Title Contact Name (if different) Falkenberg Construction Co. , Inc. 214/324-4779 Company Name Contact Telephone Number (s) 4850 Samuelel Blvd. 214/324-4667 Address Fax Number Authorized Signature Company Name Rev.6rMS MWBE-4 - ATTACHMENTiC Page i of 3 City of Fort Worth Minority and Women Business Enterprise S;OOD FAITH EFFORT Falkenberg Construction Co. , Inc. 05/04/00 Prime Company Name Bid Date ITS Space Alteration Project Name Project Number If you have failed to secure MIWSE participation and you have subcontracting and/or supplier opportunities or If Your MNME participation is less than the City's project goal,you mull complete this form. - If the bidder's method of compliance with the MlWBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, Intentional and/or knowing misrepresentation the facts or Intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.rive(5)City business days after bid opening,exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity(DO NOT LIST NAMES OF FIRMS which which will be used in the completion of this project,regardless of whether it is to be provided by a M/WBE or non.M/WBE. (Use additional sheets,if necessary) List of: Subcontracting Opportunities List of: Sug limier Opportunities Mechanical Gygrock Electrical Metal studs Fire Protection Doors, Frames, & Hardware Demolition Lumber Rev.6rMl MWBE-5 lr ATTACHMEN' Page 2 ■ A 2.) Did you obtain a current list of MJWBE firms from the City's M/WBE Office? The list is considered i -compliance,if it is not more than 3 months old from the date of bid opening. e` %% Yes Date of Listing 03 131 100 No 3.) Did you solicit bids from MJWBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? Yes if yes,attach M/WBE mall listing to Include name of firm and address and a datec gg_No copy of letter mailed. 4.) Did you solicit bids from MJWBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? %% Yes If yes,attach list to include name of M/WBE firm,Rerson contacted, No phone number and d&te and Iftu of contact. NOTE:.A facsimile may be used to comply with either 3 or 4,but may not be used for both. If a facs(mi Is used, attach the fax confirmation, which is to provide MMSE name, date, time, fax number ar documentation faxed. NOTE: If a SIC list of M/WBE is ten or less,the bidder must contact the entire list to be in compliance wil questions 3 and 4. If a sic list of M/WBE Is more than ten. the bidder must contact at least two-thirds 4 the list but not less than ten to be In compliance with questions 3 and 4. C 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location o plans and specifications In order to assist the M/WBEs? Yes f No 1 6.) If M/WBE bids were received and rejected,you must: (1) List the M/WBE firms and the reason(s)for rejection (i.e.,quotation not commercially reasonable, qualifications,etc.)and (2) Attach affidavit and/or documentation to support the reason(s)listed below(i.e..letters,memos, bids,telephone calls,meetings,etc.) (Please use additional sheets,ff necessary,and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev.612/98 MWBE-6 ATTACHMENT c City of Fort Worth Paget Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION FAI.RENBERG CONSTRUCTION CO., IN . 05/04/00 PRIME COMPANY N BIO DATE ITS SPACE TION PROJECT NAME PROJECT NUMBER R CITY'S16VWBE PROJECrCOAL: AMIE PERCENTAGE ACHIEVED: Failure to complete this form,In Its entirety with supporting documentation, and received by the Managing Departure on or before 5:00 p.m.five (5)City business days after bid opening, exclusive of bid opening date,will result In the b being considered non-responsive to bid specirications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed In th schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowin misrepresentation of facts is grounds for consideration of disqualification and will result In the bid being considere non-responsive to specifications. Company Name,Contact Name, Certified Specify loll Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(I Supplied(') r i -i $r u oo e F v,F z James C. Paris % HVAC & Plumbing Gri s, uctwor s Doug FrUx * Insulation, $7799.00 70 -Mbbie Rd. plumbing, fixtur s - Irving, T% 75061 & rough ins l 972/256-1860 Knox Brothers % Paint Paint and textur s A19 G. Knox $9680.00 3509 Griggs Ave. ... t. Worth•a- T% 76.119 817/924-3930 Alman Electric _ % Electrical Conduit, wire 1st Robert Silvia fixtures, & $14003.00 7677 Hunnicut-Rd. --- outlets Dallas, T% 75228 214/388-1800 _-- — - - -------- ---- _ MMBEs must be located In the 9(nines county marketplace or currently doing business In the marketplace at the time d bld. *• ('j Specify all areas In which MWBE's are to be utilized acidior Items to be supplied: I (') A complete listing of kerns to be supplied is required In order to receive credit toward the MfWBE goal. (")Identity each Tier revel. Tier:Means the level of subcontracting below the prime contractodconsultant.i.e.,a direct payment from the prime contractor to a subcontractor Is considered t"tier,a payment by a subcontractor to Its supplier Is considered 2"tier. _ THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m..FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING. EXCLUSIVE OF THE BID OPENING DATE Rev.rru9e Pages 1 and 2 of Attachment 1A must be received by the Managing Department MWBE-2 I City of Fort Worth, Texas Transportation/Public Works Department Building Services Division/Architectural Services Section GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SECTION A be necessary for the proper execution or progress of the DEFINITIONS,PROCEDURES AND INTERPRETATIONS work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor,or Owner, A-1 CONTRACT DOCUMENTS. By the term Contract and will be issued with reasonable promptness and at such Documents is meant all of the written and drawn documents times and in accordance with such schedule as may be setting forth or affecting the rights of the parties, including agreed upon. Such Interpretations shall be consistent with but not necessarily limited to, the Contract, Notice to the purposes and intent of the Plans and Specifications and Bidders, Proposal, General Conditions, Special Conditions, may be effected by Field Order. In the event of any dispute Specifications, Plans, Bonds and all Addenda,Amendments between any of the panties to the Contract and the Architect signed by all parties, Change Orders,written Interpretations or each other involving the interpretation of the Contract and any written Field Order for a minor change in the Work. Documents,the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor A-2 ENTIRE AGREEMENT. The Contract Documents or materialsman,or involving any question of fault or liability represent the entire agreement between the Parties,and no of any party, the decision of the Owner shall be final and prior or contemporaneous, oral or written agreements, binding. Instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being In the event of inconsistency in the contract documents, the executed,the Contract Documents can be changed only by following sequence for interpretation shall be used in order a written Amendment signed by the Contractor and the of precedence:Change Orders and/or Field Orders(by date Owner, or Change Order, or by a written Field Order for a of issuance); Addenda (by date of issuance); Drawings; minor change. Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General A4 WORK. By the term Work is meant all labor, Conditions;General Conditions;and,Construction Contract. supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required A-9 COPIES OF WORKING DRAWINGS AND by Contract Documents. SPECIFICATIONS. The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of A-4 EXECUTION OF THE CONTRACT Specifications. Contractor shall pay the cost of reproduction DOCUMENTS. The Contract Documents shall be executed for all other copies of Drawings and Specifications furnished in six originals by the Contractor and the Owner in such form to him. as may be prescribed by law. All Drawings, Specifications and copies thereof furnished by A-5 FAMILIARITY WITH PROPOSED WORK Before the Owner of the Architect are and shall remain the property filing a bid, the bidder shall examine carefully the proposal, of the Owner. They are not to be used on any other project plans, specifications, special provisions, and the form of and,with the exception of one Contract set for each Party to contract to be entered into for the work contemplated. He the Contract,are to be retumed to the Owner on request at shall examine the site of work and satisfy himself as to the the completion of the work. conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to A-10 MINORITY AND WOMENS BUSINESS be furnished. The filing of a bid by the bidder shall be ENTERPRISE POLICY. The City of Fort Worth has goals considered evidence that he has complied with these for the participation of disadvantaged business enterprises in requirements and has accepted the site as suitable for the City contracts. Compliance with the policies designed to work. meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be Claims for additional compensation due to variations followed in submitting bids is included. between conditions actually encountered in construction and as indicated by the plans will not be allowed. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant A-6 ONE UNIFIED CONTRACT. Insofar as possible, and other Federally funded Projects. the Contract Documents will be bound together and executed as a single unified Contract the intention of the A-11 CORRELATION AND INTENT. In general, the Contract Documents being to provide for all labor, drawings indicate dimension,locations,positions,quantities, supervision,materials,equipment and other items necessary and kinds of construction; the specifications indicate the for the proper execution and completion of the Work. Words quality and construction procedures required. Work that have well recognized technical or trade meanings are indicated on the drawings and not specified of vice-versa, used herein in accordance with such recognized meanings. shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar A-7 DIVISION OF WORK. The arrangement of parts that are detailed, marked or specified. If the drawings Drawings and/or Specifications into Divisions, Sections, are in conflict or conflict with the specifications the better Articles, or other Subdivisions shall not be binding upon the quality or greater quantity or work or materials shall be contractor in dividing the work among Subcontractors or estimated and shall be furnished or included. Dimensions Trades. on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment,piping, A-6 INTERPRETATIONS. The Architect will furnish ductwork, electrical apparatus, etc., are diagrammatic and such Interpretations of the Plans and Specifications as may job conditions may not allow installation in the exact location GC- 1 of 24 10/11/99 shown. Relocation shall not occur without the Architects b) Place no further orders or subcontracts except as approval. may be necessary for the completion of the work not terminated. A-12 ASCE In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor c) Terminate all orders and subcontracts to the covenants that neither it nor any of its officers, members, extent that they relate to the performance of the work agents, employees, program participants or subcontractors, terminated by the notice of termination. while engaged in performing this contract, shall, in connection with the employment, advancement or discharge After termination as above,the City will pay the contractor a of employees or in connection with the terms, conditions or proportionate part of the contract price based on the work privileges of their employment, discriminate against persons completed; provided, however, that the amount of payment because of their age except on the basis of a bona fide on termination shall not exceed the total contract price as occupational qualification, retirement plan or statutory reduced by the portion thereof allocatable to the work not y requirement completed and further reduced by the amount of payments, if,any otherwise made. Contractor shall submit its claim for Contractor further covenants that neither it nor its officers, amounts due after termination as provided in this paragraph members, agents, employees, subcontractors, program within 30 days after receipt of such claim. In the event of participants,or persons acting on their behalf, shall specify, any dispute or controversy as to the propriety or allowability in solicitations or advertisements for employees to work on of all or any portion of such claim under this paragraph,such this contract, a maximum age limit for such employment dispute or controversy shall be resolved and be decided by unless the specified maximum age limit is based upon a the City Council of the City of Fort Worth, and the decision bona fide occupational qualification, retirement plan or by the City Council of the City of Fort Worth shall be final statutory equipment. and binding upon all parties to this contract Contractor warrants it will fully comply with the Policy and B-3 DUTIES OF THE ARCHITECT As used herein, will defend, indemnify and hold City harmless against any the term Architect means the Architect or his author2zed claims or allegations asserted by third parties or subcontrac- representative. Nothing contained in these Contract for against City arising out of Contractor's and/or its Documents shall create any privity of Contract between the subcontractors' alleged failure to comply with the above Architect and the Contractor. referenced Policy concerning age discrimination in the - performance of this agreement B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER The Architect will provide general administration of A-13 DISABILITY: In accordance with the provisions of the Contract on behalf of the Owner and will have authority the Americans With Disabilities Act of 1990 ("ADA"), to act as the representative of the Owner to the extent Contractor warrants that it and any and all of its provided in the Contract Documents unless changed in subcontractors will not unlawfully discriminate on the basis of writing by the Owner. The Architect will be available for disability in the provision of services to the general public, conferences and consultations with the Owner or the nor in the availability,terms and/or conditions of employment Contractor at all reasonable times. for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants B-5 ACCESS TO JOB SITES. The Architect shall at it will fully comply with ADA provisions and any other all times have access to the Work whenever it is in applicable federal,state and local laws concerning disability preparation and progress. The Contractor shall provide f and will defend, indemnify and hold City harmless against facilities for such access so the Architect may perform its any claims or allegations asserted by third parties or assigned functions under the Contract Documents. subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the The Architect will make periodic visits to the Site to above-referenced laws concerning disability discrimination in familiarize himself with the progress and quality of the work the performance of this agreement and to determine if the work is proceeding in accordance With the Contract documents. On the basis of on-site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the SECTION B Owner against defects and deficiencies in the Work of the IDENTITY OF ARCHITECT Contractor. Based upon such observations and the Contractor's applications for payments, the Architect will 134 CONTRACT ADMINISTRATION. Where the term make determinations and recommendations concerning the "Architect"is used in the"General Conditions of the Contract amounts owing to the Contractor and will issue certificates for Construction",it shall refer to the Director,Transportation for payment amounts. and Public Works or his designated Project Manager. The Director, Transportation will designate a Project Manager B-6 INTERPRETATIONS. The Architect will be,in the and Construction Manager to administer this contract and first instance,the interpreter of the requirements of the Plans perform the functions of the "Architect* as indicated in the and Specifications and the judge of the performance General Conditions. The design architect or engineer may thereunder by the Contractor,subject to the final decision of also be designated to perform the duties of"Architect". the Owner. B-2 TERMINATION AND BUSPENSION OF WORK: The Architect's decisions in matters relating to artistic effect The Owner has the right to terminate the Project for any will be final if consistent with the intent of the Contract reason. If the project is terminated,the Contractor shall: Documents. a) Stop work under the Contract on the date and to B-7 AUTHORITY TQ STOP WORK. The Architect will the extent specified on the notice of termination. have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in its reasonable opinion, the Architect considers it necessary or advisable in order to insure the proper realization of the GC-2 of 24 10/11/99 intent of the Plans and Specifications,the Architect will have reasonable and shall furnish information under its control authority to require the Contractor to stop the Work or any with reasonable promptness at the request of the Contractor. portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, C-3 INSTRUCTIONS. The Owner shall issue all installed or completed. instructions to the Contractor through the Architect B-8 MISCELLANEOUS DUTIES OF ARCHITECT. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation Shoo Drawinas. The Architect will review Shop Drawings and progress. The Contractor shall provide facilities for such and Samples as,provided in Section D. Two copies of each access so the Owner may perform its assigned functions approved Shop Drawing and submittal will be provided to the under the Contract Documents. Owner by the Architect. C-5 PROGRESS INSPECTIONS. The Owner and the Chance Orders, Change Orders and Field Orders for Minor Architect will make visits to the Site to familiarize themselves Changes in the Work will be issued by the Owner through with the progress and quality of the Work and to determine if the Architect in accordance with the provisions of Section L the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and Guarantees. The Architect will receive on behalf of the reports provided by the Architect concenning the progress Owner all written guarantees and related documents and quality of the work, the Owner will approve and required of the Contractor. Upon completion of the project authorize the Contractor's applications for payments. the Contractor shall provide the Architect five copies of each guarantee. The Architect will provide three copies of each C-6 AUTHORITY TO STOP WORK. The Owner will guarantee to the Owner. have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable Inspections The Architect will conduct inspections for the opinion, the Owner considers it necessary or advisable In purpose of determining and making his recommendations order to insure the proper realization of the intent of the concerning the dates of substantial completion and final Plans and Specificatkxns, the Owner will have authority to completion. require the Contractor to stop the work or any portion thereof,or to require the Contractor to stop the Work or any Operation and Maintenance Manuals The Architect will portion thereof, or to require special inspection or testing of receive on behalf of the Owner, six copies of all applicable the Work whether or not such Work be then fabricated, equipment installation, operation, and maintenance installed or completed. brochures and manuals required of the Contractor. The Architect will provide three copies of this information to the C-7 SUBSTANTIAL COMPLETION INSPECTION. Owner. Upon agreement of the Contractor and Architect that the Work is substantially complete, the Owner will schedule a B-9 TERMINATION OF THE ARCHITECT. In case of Substantial Completion Inspection to be conducted by the the termination of the employment of the Architect by the Architect and attended by representatives of the Architect Owner, the Owner shall either assume the duties of the Owner and Contractor. items identified during this Inspection Architect through the Director of the Department of as being incomplete, defective or deficient shall be Transportation and Public Works, or shall appoint a incorporated into a punch list to be prepared by the Architect successor Architect against whom the Contractor makes no and attached to the AIA document G704, which Is to be reasonable objection. prepared and signed by the Contractor, and accepted, approved and signed by the Owner. SECTION C OWNER C-8 RIGHT TO AUDIT: C-1 IDENTIFICATION. By the term Owner Is meant Contractor agrees that the City shall, until the expiration of the City of Fort Worth acting herein by its duly authorized three years after final payment under this contract, have representatives in the manner provided by law. Authorized access to and the right to examine any directly pertinent representatives include the City Manager, Assistant City books, documents, papers and records of the contractor Manager, the Director and of Transportation and Public involving transactions relating to this contract Works Department and members of the Building Services Division. Generally speaking a designated representative Contractor further agrees to include In all his subcontracts will be identified from within the Building Services Division to hereunder a provision to the effect that the subcontractor act as a point of contact for day to day contract agrees that the City shall, until the expiration of three years administration. after final payment under the subcontract, have access to and the right to examine any directly pertinent books, C-2 DUTIES OF THE OWNER. The Owner shall documents, papers and records of such subcontractor, furnish surveys describing the physical characteristics,legal Involving transactions to the subcontract The term limits and utility locations for the site of the Work; provided, 'subcontract'as used herein incudes purchase orders. however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith Contractor agrees to photocopy such documents as may be and that the locations of utilities and other obstacles to the requested by the city. The city agrees to reimburse prosecution of the Work as shown on the Owner's survey Contractor for the costs of copies at the rate published in the are for information only, are not binding upon the Owner, Texas Administrative Code. and the Owner shall not incur any liability for loss or damage by virtue of any Inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all SECTION D necessary permanent or construction easements. The CONTRACTOR Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be D-1 IDENTIFICATION. The Contractor Is the person or organization identified as such in the Contract. The term GC-3 of 24 10/11/99 Contractor means the Contractor or his authorized may be considered defective. If required by the Architect or representative. the Owner,the Contractor shall famish satisfactory evidence as to the kind and quality of materials and equipment D-2 INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent The warranty provided in this Section shall be in addition to contractor,not as an officer,agent,or employee of the City. and not in limitation of any other warranty or remedy Contractor shall have exclusive control of and the exclusive provided by law or the Contract Documents. right to control the details of the work and services performed hereunder,and all persons performing same,and D-9 TAXES. The Contractor is exempt from State Contractor shall be solely responsible for the acts and Sales Tax on material incorporated into the finished omissions of its officers,agents,and employees. Nothing construction,Excise and Use Tax. herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, its officers, D-10 LICENSES. NOTICES AND FEES. The agents and employees, and the doctrine of respondeat Contractor shall obtain all Permits, Licenses, Certificates, superior shall not apply. and Inspections, whether permanent or temporary, required by law or these Contract Documents. D-3 SUBLETTING It is further agreed that the performance of this Contract,either in whole or in part,shall The Contractor shall give all Notices and comply with all not be sublet or assigned to anyone else by said Contractor Laws, Ordinances, Rules, Regulations and Orders of any without the written consent of the Director of Transportation public authority bearing on the performance of the Work. If and Public Works of the City of Fort Worth. the Contractor observes or becomes aware that bearing on the performance of the Work. If the Contractor observes or D-4 REVIEW OF CONTRACT DOCUMENTS. The becomes aware that any of the Contract Documents are at Contractor shall carefully study and compare the Agreement, variance therewith in any respect, he shall promptly notify Conditions of the Contract, Drawings, Specifications, the Architect in writing and any necessary changes will be Addenda and modifications and shall at once report to the made.If the Contractor performs any Work knowing that it is Owner and to the Architect any error, inconsistency or in violation of, or contrary to, any of such Laws, Statutes, omission he may discover.The Contractor shall do no work Charter, Ordinances, Orders or Directives, or Regulations without Drawings,Specifications and Interpretations. without furnishing Notice to the Architect,the Contractor will assume full responsibility therefor and bear all costs D-5 SUPERVISION. The Contractor shall supervise attributable thereto. and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, D-11 CASH ALLOWANCES. The Contractor shall methods, techniques, sequences and procedures and for include in the Contract Sum all allowances stated in the coordinating all portions of the Work under the Contract Contract Documents. These allowances shall cover the net Documents. cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's D-6 LABOR AN(J MATERIALS. Unless otherwise handling costs on the site,labor,installation costs,overhead, specifically noted,the Contractor shall provide and pay for all profit and other expenses contemplated for the original labor, materials, equipment, tools, construction equipment allowance shall be included in the Contractor Sum and not in and machinery,water,heat,utilities,transportation and other the allowance.The Contractor shall cause the Work covered facilities and services necessary for the proper execution by these allowances to be performed for such amounts and and completion of the Work. by such persons as the Architect may direct, but he will not be required to employ persons against whom he makes a The successful low bidder will use its reasonable best efforts reasonable objection. If the cost,when determined, is more to hire local laborers, workmen and materialmen. The than or less than the allowance, the Contract Sum shall be general condition is not to be constructed as limiting the right adjusted accordingly by Change Order which will include of any bidder to employee laborers,workmen or materialmen additional handling costs on the site,labor,installation costs, " from outside local area. field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. The Contractor shalt at all times enforce strict discipline and good order among his employees, and shall not employ on D-12 SUPERINTENDENT. The Contractor shall the Work any unfit person or anyone not skilled in the task employ a competent superintendent and necessary assigned to him. assistants who shall be in attendance at the Project site during the progress of the Work.The superintendent shall be D-7 PREVAILING WAGE RATE. The Contractor satisfactory to the Contractor and the Owner. The agrees to pay not less than the general prevailing rate of per superintendent shall represent the Contractor and all diem wages for Work of a similar character in the locality in communications given to the superintendent shall be binding which the Work is performed, and not less than the general as If given to the Contractor. important communications will prevailing wage of per diem wages for a legal holiday and be confirmed in writing. Other communications will be so overtime work to all laborers, workmen and mechanics confirmed on written request in each case. employed on the Work under this Contract The Contractor agrees to pay at least the minimum wage per hour for all D-13 RESPONSIBILITIES FOR EMPLOYEES AND labor as the same is classified and set out by the City of Fort SUB-CONTRACTORS. The Contractor shall be responsible Worth,Texas,a copy of which is attached hereto and made to the Owner for the acts and omissions of all his employees .. a part hereof the same as if it were copies verbatim herein. and all Sub-contractors,their agents and employees,and all other persons performing any of the Work under a contract D-8 WARRANTY. The Contractor warrants to the with the Contractor. Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise D-14 FAILURE TO COMMENCE WORK: Should the specified,and that all work will be of good quality,free from Contractor fail to begin the work herein provided for within faults and defects, and in conformance with the Contract the time herein fixed or to cant'on and complete the same Documents. All work not so conforming to these standards according to the true meaning of the intent and terms of said GC-4of24 10/11/99 Plans, .Specifications and Contract Documents, then the The Architect will review and approve Shop Drawings and Owner shall have the right to either demand the surety to Samples with reasonable promptness so as to cause no take over the work and complete same in accordance with delay,but only for conformance with the design concept of the Contract Documents or to take charge of and complete the Project and with the information given in the Contract the work in such a manner as it may deem proper,and if,in Documents.The Architect's approval of a separate item shall the completion thereof, the cost to the said City shall not indicate approval of an assembly in which the item exceed the contract price or prices set forth in the said plans functions. and specifications made a part hereof,the Contractor and/or its Surety shall pay said City on demand in writing, setting The Contractor shall make any corrections required by the forth and specifying an itemized statement of the total cost Architect and shall resubmit the required number of thereof,said excess cost corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in D-15 PROGRESS SCHEDULE. The Contractor, writing or on resubmitted Shop Drawings to revisions other immediately after being awarded the contract,shall prepare than the corrections requested by the Architect on previous and submit for the Architects approval, an estimated submissions. progress schedule for the Work.The progress schedule shall be related to the entire Project. This schedule shall indicate The Architect's approval of Shop Drawings or Samples shall the dates for the starting and completion of the various not relieve the Contractor of responsibility for any deviation states of construction and shall be revised as required by the from the requirements of the Contract Documents unless the conditions of the Worts,subject to the Architect's approval. It Contractor has informed the Architect in writing of such shall also indicate the dates for submission and approval of deviation at the time of submission and the Architect has shop drawings and submittals as well as the delivery given written approval to the specific deviation. Architect's schedule for major pieces of equipment andfor materials. approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. The progress schedule shall be updated at least monthly by the contractor and submitted to the Architect for approval No portion of the Work requiring a Shop Drawing or Sample with the Contractors monthly progress payment requests. submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall D-16 DRAWINGS AND SPECIFICATIONS AT THE be in accordance with approved Shop Drawings and MM. The Contractor shall maintain at the site for the Samples. Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other D-18 SITE USE. The Contractor shall confine Changes and Amendments in good order and marked to operations at the site to areas permitted by law,ordinances, record all changes made during constructlon. These shall permits and the Contract Documents and shall not also be available tc the Architect The Drawings,marked to unreasonably encumber the site with any materials or record all changes made during construction, shall be equipment Until acceptance of the work by the City Council delivered to the Architect upon completion of the Work,and of the City of Fort Worth, the entire site of the Work shall be the Architect will prepare, and provide to the Owner, one under the exclusive control, care and responsibility of the complete set of reproducible record drawings of the work. Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the :.13-17 SHOP DRAWINGS AND SAMPLES. Shop elements or from any other cause whatsoever. The Drawings are drawings, diagrams, illustrations, schedules, Contractor shall rebuild,repair,restore and make good at his performance charts, brochures and other data which are own expenses all injuries or damages to any portions of the prepared by the Contractor or any Subcontractor, Work occasioned by any of the above, caused before manufacturer, supplier or distributor, and which illustrate acceptance. some portion of the Work. D-19 SAFE WORK PRACTICES. The Contractor shall Samples are physical examples furnished by the Contractor employ safe practices in handling materials and equipment to illustrate materials, equipment or workmanship, and to used in performing required work so as to Insure the safety establish standards by which the Work will be judged. of his workmen, City employees and the public. The Contractor shall keep the premise free at all times from The Contractor shall review, stamp with his approval and accumulation of waste materials or rubbish. At the submit,with reasonable promptness and in orderly sequence completion of the work, the Contractor shall remove all his so as to cause no delay in the Work or in the work of any wastes and rubbish from and about the work area,as well as other contractor,normally within the first 90 days of the work, his tools, equipment and surplus materials and shall leave six copies of all shop Drawings and Samples required by the the area as clean and free of spot,stains,etc.,as before the Contract Documents or subsequently by the Architect as work was undertaken. covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the D-20 FIELD OFFICES AND SHEDS The Contractor is Architect may require. At the time of submission the not required to provide a temporary field office or telephone Contractor shall inform the Architect in writing of any for projects under $500,000. Contractor shall equip the deviation in the Shop Drawings or Samples from the Project Superintendent with a pager and provide 24-hour requirements of the Contract Documents. contacts to the City. By approving and submitting Shop Drawings and Samples, D-21 TRENCH SAFETY The Contractor shall be the Contractor thereby represents that he has determined responsible for all design and implementation of trench and verified all field measurements, field construction shoring and stabilization to meet regulatory requirements. If criteria, materials, catalog numbers and similar data, and the Proposal requires,the Contractor shall include a per unit that he has checked and coordinated each shop drawing cost for trench safety measures in his bid. If not included in given In the Contract Documents.The Architect's approval of the Proposal, the Contractor shall include a cost for trench a separate item shall not indicate approval of an assembly in safety measures for all trenches over 5 feet in depth in his which the item functions. Schedule of Values. GC-5 of 24 10/11/99 D-22 CUTTING AyD PATCHING OF WORK. The The Contractor shall not make any substitution for any Contractor shall do all cutting,fitting or patching of his Work Subcontractor or person or organization that has been that may required to make its several parts fit together accepted by the Owner and the Architect, unless the properly, and shall not endanger any Work by cutting, substitution is also acceptable to the Owner and the excavating or otherwise altering the Work or any part of it. Architect. D-23 CLEAN UP. The Contractor at all times shall keep E-3 TERMS OF SUBCONTRACTS. All work the premises free from accumulation of waste materials or performed for the Contractor by a Subcontractor shall be rubbish. At the completion of the Work he shall remove all pursuant to an appropriate agreement between the his waste materials and rubbish from and about the Project Contractor and the Subcontractor (and where appropriate as well as all his tools, construction equipment, machinery between Subcontractors and Sub-subcontractors) which and surplus materials,and shall clean all glass surfaces and shall contain provisions that t leave the Work 'Broom-dean" or its equivalent, except at otherwise specified. In addition to removal of rubbish and 1. preserve and protect the rights of the Owner and the leaving the buildings '"broom-dean', Contractor shall dean Architect under the Contract with respect to the Work to all glass, replace any broken glass, remove stains, spots, be performed under the subcontract so that the marks and dirt from decorated work, clean hardware, subcontracting thereof will not prejudice such rights; remove paint spots and smears from all surfaces, dean fixtures and wash all concrete,tile and terrazzo floors. 2. require that such Work be performed in accordance with the requirements of the Contract Documents; If the Contractor fails to dean up,the Owner may do so,and 3. require submission to the Contractor of applications for the cost thereof shall be charged to the Contractor. payment under each subcontract to which the D-24 COMMUNICATIONS. Asa Contractor is a party, in reasonable time to enable the general rule, the Contractor to apply for payment Contractor shall forward all communications to the Owner through the Architect, and in all other instances the 4. require that all claims for additional costs,extensions of Contractor shall furnish the Architect a copy of any time, damages for delays or otherwise with respect to communication sent directly to the Owner. subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub- SECTION E subcontractor where appropriate) in the manner SUBCONTRACTORS provided in the Contract Documents for like claims by the Contractor upon the Owner, E-1 DEFINITION. A Subcontractor Is a person or organization who has a direct contract with the Contractor to 5. waive all rights the contracting parties may have perform any of the Work at the site.The term Subcontractor against one another for damages caused by fire or is referred to throughout the Contract Documents as if other perils covered by the property insurance,except singular in number and masculine in gender and means a such rights, if any, as they may have to proceeds of Subcontractor or his authorized representative. such insurance held by the Owner,and, Nothingcontained in the Contrail; Documents shall create 6. obligate each Subcontractor specifically to consent to the provisions of this Section any contractual relation between the Owner and the Architect and any subcontractor or any of his sub- All of the provisions set out in this section shall be deemed subcontractors or materialmen. to have been included in every subcontract, and every E-2 AWARD OF SUBCONTRACTS. The bidder shall subcontract shall be so construed and applied as to the Owner and the Architect,whether or not such provisions are furnish a list of the names of the subcontractors or other physically included in the sub-contract persons or organizations(including thbse who are to fumish materials or equipment fabricated to a special design) E-4 MINORITY AND WOMENS BUSINESS proposed for such portions of the Work as may be ENTERPRISE (MIWBE1. Should the base bid be less than designated in the bidding requirements, or if none is so $25,000,the requirements of this section do not apply. designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the In accordance with City of Fort Worth Ordinance No 11923, - Work. Prior to the award of the Contract,the Architect shall the City of Fort Worth sets goals for the participation of notify the successful bidder in writing if either the Owner or minority business enterprises and women business Architect, after due Investigation, has reasonable objection enterprises in City contracts. Ordinance No 11923 is to any person or organization on such list Failure of the incorporated in these Specifications by reference.A copy of Owner and Architect to make an objection to any person or the Ordinance may be obtained from the Office of the City organization on the list prior to the award of this Contract Secretary. Failure to comply with the Ordinance shall be a shall not constitute acceptance of such person or material breach of contract organization. prior to the award of the Contract,the Owner or Architect The MNVBE UTILIZATION FORM, M/WBE GOALS WAIVER If, p FORM and GOOD FAITH EFFORT FORM, as applicable, has an objective to any person or organization on such list, must be submitted within five city business days after bid and refuses to accept such person or organization, the opening. Failure to submit the post bid information shall apparent low bidder may,prior to the award,withdraw his bid render the bid non-responsive. without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, The City will consider the contractor's performance on other accept the bid or he may disqualify the bid. If, after the City Projects regarding its M/WBE program in the evaluation award, the Owner or Architect objects in writing to any of bids.Failure to comply with the City's M/WBE program,or _ person or organization on such list, the Contractor shall to demonstrate a 'good faith effort', shall result in a bid provide an acceptable substitute. being considered irresponsible. GC-6 of 24 10/11/99 Upon request, Contractor must provide the City with complete and accurate information regarding actual work Other reasons at the discretion of the M/WBE Coordinator performed by a Minority or Women Business Enterprise (M/WBE) on the contract and proof of payment thereof. Within ten days after final payment from the City the Contractor further agrees to permit an audit and/or contractor shall provide the M/WBE Office with examination of any books,records or files in it's possession documentation to reflect final participation of each M/WBE that will substantiate the actual work performed by an M/ subcontractor and supplier used on the project. WBE. The misrepresentation of acts(other than a negligent misrepresentation) and/or the commission of fraud by the E-5 PAYMENTS TO SUBCONTRACTORS. The Contractor will be grounds for termination of the contract Contractor shall pay each Subcontractor, upon receipt of and/or initiating action under appropriate federal, state, or payment from the Owner, an amount equal to the local laws or ordinances relating to false statement. Further percentage of completion allowed to the Contractor on any such misrepresentation (other than a negligent account of such Subcontractor's Work. The Contractor shall misrepresentation)and/or commission of fraud will result on also require each Subcontractor to make similar payments to the Contractor being determined to be irresponsible and his subcontractors. barred from participating in City work for a period of time of not less than three years. If the Architect refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the Contractor shall provide copies of subcontracts or cosigned fault of a particular subcontractor, the Contractor shall pay letters of intent with approved M/WBE subcontractors prior to that Subcontractor on demand, made at any time after the issuance of the Notice to Proceed. Contractor shall also Certificate for Payment would otherwise have been issued, provide monthly reports on utilization of the subcontractors for his Work to the extent completed, less the retained to the Construction Manager. percentage. The Contractor may count first and second tier The Contractor shall pay each Subcontractor a just share of subcontractors and/or suppliers toward meeting the goals. any insurance monies received by the Contractor, and he The Contractor may count toward its goal a portion of the shall require each Subcontractor to make similar payments total dollar amount of the contract with a joint venture equal to his Subcontractors. to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be The Architect may,on request and at its discretion,furnish to performed. All subcontractors used in meeting the goals any Subcontractor, if practicable, information regarding must be certified prior to the award of the Contract. percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an Neither the Owner nor the Architect shall have any obligation opportunity to perform the work. Whenever a change order to pay or to see to the payment of any monies to any is in excess of 10% of the original contract, the M/WBE Subcontractor. coordinator shall determine the goals applicable to the work to be performed under the change order. SECTION F SEPARATE CONTRACTS During the term of the contract the contractor shall: F-1 OWNER'S RIGHT. The Owner reserves the right 1. Make no unjustified changes of deletions in it's M/WBE to award separate contracts in connection with other portions participation commitments submitted with or of the Work. When separate contract are awarded for other subsequent to the bid,and, portions of the Work, 'the Contractor" in the Contract Documents in each case shall be the contractor who signs 2. If substantial subcontracting and/or substantial supplier each separate contract. opportunities arise during the term of the contract which the contractor had represented he would perform with F-2 MUTUAL RESPONSIBILITY OF his forces, the contractor shall notify the City before CONTRACTORS. The Contractor shall afford other subcontracts or purchase orders are let, and shall be contractors reasonable opportunity for the introduction and required to comply with modifications to goals as storage of their materials and equipment and the execution determined by the City,and, of their work,and shall property connect and coordinate his work with theirs. 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM,if the contractor desires to change or delete any If any part of the Contractor's Work depends for proper of the M/WBE subcontractors or suppliers. execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report Justification for change may be granted for the following: to the Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution 1. Failure of subcontractor to provide evidence of and results. Failure of the Contractor to inspect and report coverage by Workers'Compensation Insurance shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects 2. Failure of subcontractor to provide required general which may develop in the other separate contractor's work liability or other insurance. after the execution of the Contractor's Work. 3. Failure of subcontractor to execute a standard Should the Contractor cause damage to the work or property subcontract form in the amount of the proposal used by of any separate contractor on the site, the Contractor shall, the Contractor in preparing his M/WBE Participation upon due notice, settle with such other contractor by plan agreement. If he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have 4. Default by the M/WBE subcontractor or supplier in the been so sustained, the Owner shall notify the Contractor performance of the subcontract who shall defend against such suit at the Contractor's GC-7of24 10/11/99 expense, and R any judgment against the Owner arises Water and sewer access fees will be paid by the City. Any therefrom, the Contractor shall pay or satisfy such judgment other permit fees are the responsibility of the Contractor. and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in G-5 INDEMNIFICATION: Contractor covenants and connection with such suit. agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. F-3 CUTTING AND PATCHING UNDER SEPARATE In addition, Contractor covenants and agrees to indemnify, CONTRACTS. The Contractor shall do all cutting, fitting or hold harmless and defend, at its own expense, the Owner, patching of his Work that may be required to fit it to receive its officers, servants and employees, from and against any or be received by the work of other contractors shown in the and all claims or suits for property loss, properly damage. Contract Documents.The Contractor shall not endanger any personal injury, including death, arising out of, or alleged to work or any other contractors by cutting, excavating or arise out of, the work and services to be performed otherwise altering any work and shall not cut or alter the hereunder by Contractor, its officers, agents, employees, work of any other contractor except with the written consent subcontractors, licensees or invitees, whether or not any of the Architect. such inluM damaSe or death is caused, In whole or in part, by the negligence or alleged negligence of Owner. Any costs caused by defective or ill-timed work shall be Its officers, servants. or employees. Contractor likewise bome by the party responsible therefor. covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute officers, servants and employees and any damage, loss or arises between the separate contractors as to their destruction to property of the Owner arising from the responsibility for cleaning up, the Owner may clean up and performance of any of the terms and conditions of this charge the cost thereof to the several contractors as the Contract, whether or not any such Ma or damage is Director of the Department of Transportation and Public caused in whole or in part by the negligence or all Works shall detemune to be just. nealigence of Owner. its pfficers. servants or employees. SECTION G MISCELLANEOUS PROVISIONS In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final G-1 CONFLICT OF LAWS. The law of the place payment, final payment shall not be made until Contractor where the site is located shall govern the Contract. The either (a) submits to Owner satisfactory evidence that the Contractor must familiarize himself and strictly comply with claim has been settled and/or a release from the claimant all Federal, State, and County and City Laws, Statutes, involved, or (b) provides Owner with a letter from Charter, Ordinances, Regulations, or Directives controlling Contractor's liability insurance carrier that the claim has the action or operation of those engaged upon the work been referred to the insurance carrier. affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against The Director may, if he deems it appropriate, refuse to any claim or liability arising from or based on the violation of accept bids on other City of Fort Worth public work from a any such Laws, Statutes, Charter, Ordinances, Regulations, Contractor against whom a claim for damages is outstanding or Directives, whether by himself, his employees, agents or as a result of work performed under a City Contract subcontractors. G-6 SUCCESSORS AND ASSIGNS. Except as G-2 GOVERNING LAWS. It is mutually agreed and provided in Paragraph E-2, this contract shall be binding understood that this agreement is made and entered into by upon and insure to the benefit of the parties hereto, their the parties hereto with reference to the existing Charter and Successors or Assigns.Contractor shall not assign or sublet Ordinances of the City of Fort Worth and the laws of the all or any part of this Contract or his rights or duties State of Texas with reference to and governing all matters hereunder without the prior written consent of the Owner. affecting this Contract, and the Contractor agrees to fully Any such purported assignment or subletting without the comply with all the provisions of the same. prior written consent of Owner shall be void. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. G-T WRITTEN NOTICE. Written Notice shall be In performing their duties under the Statutes of the State of deemed to have been duly served if delivered in person to Texas and the Charter and Ordinances of the City of Fort the individual or member of the firm or to an officer of the Worth in connection with this Contract, or In exercising any corporation for whom it was intended, or if delivered at or of the powers granted the Owner herein,the officers,agents sent by registered or certified mail to the last business and employees of the Qty of Fort Worth are engaged in the address known to him who gives the notice. performance of a governmental function and shall not incur any personal liability by virtue of such performance G-6 SURETY BONDS: Surety Bonds are required on hereunder,except for gross negligence or Wilful wrong. all City contracts in excess of $25,000. The Contractor agrees, on the execution of this Contract, and before G-4 COMPLIANCE WITH LAWS. Contractor agrees beginning work,to make, execute and deliver to said City of the comply with all laws, Federal, state and local, including Fort Worth good and sufficient surety bonds for the faithful all ordinances, rules and regulations of the City of Fort performance of the terms and stipulations of the Contract Worth, Texas. Materials incorporated into the finished and for the payment to all claimants for labor and/or Project are not subject to State Sales Tax. materials fumished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Contractors are responsible for obtaining construction Revised Civil Statutes of Texas, as amended, in the form permits from the governing agencies. Contractor shall included in the Contract Documents, and such bonds shall schedule all code Inspections with the Code Inspection be 100 percent of the total contract price,and the said surety Division in accordance with the permit requirements and shall be a surety company duly and legally authorized to do submit a copy of updated schedule to the Construction business in the State of Texas, and acceptable to the City manager weekly. Building, plumbing, electrical and Council of the City of Fort Worth. mechanical building permits are issued without charge. GG-8 of 24 10/11/99 Bonds shall be made on the forms furnished by or otherwise otherwise the Owner shall bear such costs, and an acceptable to the City. Each bond shall be properly appropriate Change Order shall be issued. executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all The Contractor shall secure certificate of inspection, testing relevant local,state and federal statutes. or approval, and three copies will be promptly delivered by him to the Architect The Architect will review the certificates To be an acceptable surety on the bond the name of the and forward one copy of each with his recommendations)to �~ surety should be included on the current U. S.Treasury List the Owner. of Acceptable Securities [Circular 570], and must be authorized to do business in Texas. Sureties not listed in If the Architect or Owner wish to observe the inspections, Circular 570 may write performance and payment bonds on tests or approvals required by this Section, they will do so a project without reinsurance to the limit of 10 percent of its promptly and,where practicable,at the source of supply. capital and surplus. Such a surety must reinsure any obligation over 10 percent The amount In excess of 10 Neither the observations of the Architect or the Owner in percent must be reinsured by reinsurers who are duly their administration of the Construction Contract, nor authorized, accredited, or trusteed to do business in the inspections, tests or approvals by persons other than the State of Texas. Contractor shall relieve the Contractor from his obligations to perforrn the Work in accordance with the Contract Should any surety for the contracted project be determined Documents. unsatisfactory at any time during same,the Contractor shall Immediately provide a new surety bond satisfactory to the G-12 INTERRUPTION OF EXISTING UTILITIES City. SERVICES. The Contractor shall perforin the work under this Contract with a minimum of outage time for all utilities. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK- Interruption shall be by approved sections of the utility. In If the Contractor defaults or neglects to carry out the Work in some cases,the Contractor may be required to perform the accordance with the Contract Documents or fails to perform work while the existing utility is in service.The existing utility any provision of the Contract, the Owner may, without service may be interrupted only when approved by the prejudice to any other remedy he may have, enter the site Owner.When it is necessary to interrupt the existing utilities, and make good such deficiencies. In such case an the Contractor shall notify the Owner in writing at least ten appropriate Change Order shall be issued deducting from days in advance of the time that he desires the existing the payments then or thereafter due the Contractor the cost service to be interrupted.The interruption time shall be kept of correcting such deficiencies, including the cost of the to a minimum. Depending upon the activities at an existing Architect's additional services made necessary by such facility that requires continuous service from the existing default, neglect or failure. If the payments then or thereafter utility,an interruption may not be subject to schedule at the due the Contractor are not sufficient to cover such amount, time desired by the Contractor. In such cases, the the Contract shall pay the difference to the Owner. interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time G-10 ROYALTIES AND PATENTS. The Contractor requested by the Contractor of existing utility services shall shall pay all royalties and license fees. He shall defend all be as approved by the Owner. suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and G43 LAYING OUT WORK. The Contractor shall verify shall be responsible for all such loss when a particular dimensions and elevations indicated in layout of existing design, process or the product of a particular manufacturer work. Discrepancies between Drawings, Specifications. and or manufacturers is specified;however,if the Contractor has existing conditions shall be referred to Architect for reason to believe that the design, process or product adjustment before work affected is performed. Failure to specified is an infringement of a patent, he shall be make such notification shall place responsibility upon responsible for such loss unless he promptly gives such Contractor to carry out work in satisfactory workmanlike information to Architect. manner at the Contractor's sole expense. G-11 TESTS. If the Contract Documents, Laws, The Contractor shall be held responsible for the location and Ordinances, Rules, Regulations or Orders of any public elevation of all the construction contemplated by the authority having jurisdiction require any Work to be Construction Documents. inspected,tested or approved, the Contractor shall give the Architect timely notice of its readiness and the date arranged Prior to commencing work, the Contractor shall carefully so the Architect may observe such inspection, testing or compare and check all Architectural, Structural, Mechanical approval.The Owner shall bear all costs of such inspection, an Electrical drawings;each with the other that in any affects tests and approvals unless otherwise provided. the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately If after the commencement of the Work, the Owner or report the same to the Architect for verification and Architect determine that any Work requires special adjustment. Any duplication of work made necessary by r►� inspection, testing or approval not included above, the failure or neglect on his part to comply with this function shall Owner or the Architect, upon written authorization from the be done at the contractors sole expense. Owner, will instruct the Contractor to order such special Inspection,testing or approval,and the Contractor shall give G44 MEASUREMENTS: Before ordering any material notice as required in the preceding paragraph. If such or doing any work, the Contractor shall verify all J special inspection or testing reveals a failure of the Work to measurements at the site or at the building and shall be comply(1)with the requirements of the Contract Documents wholly responsible for the correctness of same. No extra or (2) with respect to the performance of the work, with charge or compensation will be allowed on account of any Laws, Statutes, Charter, Ordinances, Regulations or Orders difference between actual dimensions and dimensions of any public authority having jurisdiction, the Contractor indicated on the drawings. Any difference which may be shall bear all costs thereof, including the Architect's found shall be submitted to the Architect for consideration additional services made necessary by such costs; and adjustment before proceeding with the project GC-9of24 10/11/99 G-15 EXISTING OVERHEAD OR UNDERGROUND approval. He shall remove and relocate such items at his WORK. The Contractor shall carefully check the site where own expense if so directed by the Architect.Where possible the project is to be erected and observe any existing uniform margins are to be maintained between parallel lines overhead wires and equipment Any such work shall be and or adjacent wall,floor or ceiling surfaces. moved, replaced or protected, as required, whether or no shown or specified at the contractor's sole expense. G-20 OVERLOADING. The Contractor shall be responsible for loading of any part or parts of structures Attention is directed to the possible existence of pipe and beyond their safe carrying capacities by placing of materials, other underground improvements that may or may not be equipment, tools, machinery or any other item thereon. No shown on the Drawings.All reasonable precautions shall be loads shall be placed on floors or roofs before they have taken to preserve and protect any such improvements attained their permanent and safe strength. whether or not shown on the Drawings. G-21 MANUFACTURER'S INSTRUCTIONS. Where it Location of existing underground lines,shown the Drawings is required in the Specifications that materials, products, are based on the best available sources, but are to be processes, equipment, or the like be installed or applied in regarded as approximate only. Exercise extreme care in accordance with manufacturer's instructions, direction or locating and identifying these lines before excavation in specifications,or words to this effect,it shall be construed to adjacent areas. mean that said application or installation shall be in strict accordance with printed instructions furnished by the G46 ALIGNMENT OF JOINTS IN FINISH manufacturer of the material concerned for use under MATERIALS. It shall be the responsibility of the Contractor conditions similar or those at the job site. Six copies of such to make certain in the installation of jointed floor,wall and instructions shall be furnished to the Architect and his ceiling materials that approval thereof obtained before work is begun. 1. preserve and protect the rights of the Owner and the G-22 CLEANING UP. The Contractor shall keep the Architect under the Contract with respect to the Work to premises free from accumulation of waste material or be performed under the subcontract so that the rubbish caused by employees or as a result of the work. subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the At completion of work, the General Contractor shall, structure and be symmetrically placed wherever immediately prior to final inspection of complete building, possible. This includes heating registers, light fixtures, execute the following final cleaning work with trained equipment,etc. janitorial personnel and with material methods recommended by the manufactures of installed materials. If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to 1. Sweep and buff resilient floors and base, and vacuum accomplish the above, the Contractor shall request the carpeting. Architect to determine the most satisfactory arrangement The Contractor shall establish centerlines for all trades. 2. Dust all metal and wood trim and similar finished materials. G-17 INTEGRATING EXISTING WORK. The Contractor shall protect all existing street and other 3. Clean all cabinets and casework. improvements from damages. 4. Dust all ceilings and walls. Contractor's operations shall be confined to the Immediate vicinity of the new work and shall not in any interfere with or 5. Dust,and if necessary wash,all plumbing and electrical obstruct the ingress or egress to an from existing adjacent fixtures. facilities. 6. Wash all glass and similar non-resilient materials. Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to 7. All hardware and other unpainted metals shall be disturb or damage the existing work more than necessary. deaned and polished and all equipment and paint or All damaged work shall be replaced, repaired and restored decorated work shall be cleaned and touched-up if „ to its original condition at no cost to the Owner. necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces G-18. HAZARDOUS MATERIAL CERTIFICATION: It is that are waxed shall be polished. the intent of the contract documents, whether expressly t stated or not, that nothing containing hazardous materials, 8. The exterior of the building, the grounds, approaches, such as asbestos, shall be incorporated in to the project equipment, sidewalks, streets, etc. shall be cleaned The contractor shall exercise every reasonable precaution to similar to interior of buildings and left In good order at ensure that asbestos-containing materials are not the time of final acceptance. AN paint surfaces shall be Incorporated into any portion of the project, including dean and unbroken, hardware shall be dean and advising all materials suppliers and subcontractors of this polished, all required repair work shall be completed requirement The contractor shall verify that components and dirt areas shall be scraped and cleared of weed containing lead do not contact the potable water supply. growth. G-19 LOCATION OF EQUIPMENT AND PIPING. 9. Clean all glass surfaces and mirrors of putty, paint Drawing showing location of equipment, piping, ductwork, materials, etc., without scratching or injuring the glass etc. are diagrammatic and job conditions may not always and leave the work bright, dean and polished. Cost of permit their installation in the location shown. When this this cleaning work shall be bome by Contractor. situation occurs, it shall be brought to the Architect's " attention immediately and the relocation determined in a joint 10. Cleaning, polishing, scaling,waxing and all other finish conference. The Contractor will be held responsible for the operations indicated on the Drawings or required in the relocating of any items without first obtaining the Archhect's Specifications shall be taken to indicate the required GC- 10 of 24 10/11/99 condition at the time of acceptance of all work under the control, fan, electrical panels, service entrance Contract. equipment and light fixtures. 11. Burning: Burning of rubbish on the premises will not be 4) Manufacturers name, type, color designation for permitted• resilient floors, windows, doors, concrete block, paint, 0-23 DUST CONTROL. Precaution shall be exercised roofing,other materials. at all times to control dust created as a result of any Submit six copies of Maintenance Manual, prior to request operations during the construction period. If serious for final payment problems or complaints arise due to air-bome dust,or when directed by the Architect,operations causing such problems Operational Inspection and Maintenance Instruction: The shall be temporarily discontinued and necessary steps taken Contractor shall provide at his expense, competent to control the dust. manufacturers representatives to completely check out all mechanical and electrical systems and items covered by the G-24 FIRE PROTECTION. The contractor shall at all Drawings and Specifications. This requirement shall be times maintain good housekeeping practices to reduce the scheduled just prior to and during the initial start up.After all risk of fire damage or injury to workmen.All scrap materials, systems are functioning properly the representatives shall rubbish and trash shall be removed daily from in and about instruct maintenance personnel of the Owner in the proper the building and shall not be permitted to be scattered on operation and maintenance of each item. adjacent property. G-27 GUARANTEE AND EXTENDED GUARANTEE. Suitable storage space shall be provided outside the Upon completion of the Project, prior to final payment, immediate building area for storing flammable materials and guarantees required by technical divisions of Specifications paints; no storage will be permitted in the building. Excess shall be property executed in quadruplicate by flammable liquids being used inside the building shall be subcontractors and submitted through the Contractor to kept in dosed metal container and removed from the Architect.Delivery of guarantees shall not relieve Contractor building during unused periods. from any obligation assumed under Contract. A fire extinguisher shall be available at each location where The Contractor shall guarantee the entire Project for one cutting or welding Is being performed.Where electric or gas year. In addition, where separate guarantees, for certain welding or cutting work is done, interposed shields of portions of work,are for longer periods,General Contractor's incombustible material shall be used to protect against fire guarantee shall be extended to cover such longer periods. damage due to sparks and hot metal. When temporary Manufacturers extended warrantees shall be included in this heating devices are used, a watchman shall be present to contract. cover periods when other workmen are not on the premises. Guarantees shall become valid and operative and The Contractor shall provide fire extinguishers in accordance commence upon issuance of Certificate of Inspection and with the recommendations and NFPA Bulletins Nos. 10 and Acceptance by Owner. Guarantees shalt not apply to work 241. However, in all cases a minimum of two fire where damage is result of abuse, neglect by Owner or his extinguishers shall be available for each floor of successor(s)In interest. construction. The Contractor agrees to warrant his work and materials G-25 CUTTING AND PATCHING Wherever cutting and provided in accordance with this contract and the terms of removal of portions of the existing work Is indicated, such the Technical Specifications contained herein. Unless work shall be neatly sawed or cut by contractor in a manner supplemented by the Technical Specifications or the that will produce a neat straight line, parallel to adjacent manufacturers normal extended warrantees, the Contractor surfaces or plumb for vertical surfaces. Care should be shall warrant all work materials, and equipment against exercised not to damage any work that Is to remain, defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs At no time shall any structural members be cut without of making good all work that is found to be defective or not written consent from the Architect provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to G-26 PROJECT CLOSEOUT. defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or Final Inspection, Record Drawinas: Attention is called to replacing damaged items and components to bring such General Conditions Section I entitled, 'Payments and items back to at least their original condition. Completion." G-28 Y2K COMPLIANCE REQUIREMENTS The Maintenance Manual:Sheets shall be 8'h"x 11",except pull Contractor warrants that each hardware, software and out sheets may be neatly folded to 8'A"x 11".Manuals shall firmware product delivered for incorporation into the Work be be bound in plastic covered, 3 ring, loose leaf binder with able to accurately process date/time data between the years title of project lettered on front and shall contain: 1999 and 2000, Including leap year calculations and as described below: 1) Name,address and trade of all sub-contractors. 1. Date/time data between the information technology incorporated into the Work shall transfer 2) Complete maintenance instructions; name, address, accurately to and from information technology purchased and telephone number of installing Contractor, separately from the Work but intended to be used in manufacturers local representative, for each piece of association with warranted products or systems. operative equipment 2. Where the contract documents require that products must perform as a system with respect to date/time 3) Catalog data on plumbing fixtures, valves, water data transfer, the warranty described herein applies to the heaters, heating and coding equipment, temperature performance of the system rather than to individual products. GC- 11 of 24 10/11/99 Contractor shall promptly remedy any defects in the Work 2) Good faith efforts have been made to settle such out- and pay for any damage to other work resulting therefrom standing claims,and such good faith efforts have failed. that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is If condition(1)above is met at any time within the six month specified, period, the Director shall recommend that the final payment to the Contractor be made. If condition (2)above is met at 1.6 PAYMENTS WITHHELD. The Architect may any time within the six-month period, the Director may decline to approve an Application for Payment and may recommend that the final payment to the Contractor be withhold his Certificate in whole or in part if in his opinion he made.At the expiration of the six-month period the Director is unable to make the representations to the Owner as may recommend that final payment be made if all other work provided in this Section. The Architect may also decline to has been performed and all other obligations of the approve any Applications for Payment or, because of Contractor have been met to the satisfaction of the Director. subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any The Director may, if he deems it appropriate, refuse to Certificate for Payment previously issued to such extent as accept bids on other Transportation and Public Works may be necessary in his opinion to protect the Owner from Department contract work from a Contractor against whom a loss because of. claim for damages is outstanding as a result of work 1) defective work not remedied; performed under a City contracL 2) claims filed or reasonable evidence indicating probable 1-8 LIQUIDATED DAMAGES: The deduction for filing of claims; liquidated damages shall be as follows: 3) failure of the Contractor to make payments properly to Amount of Contract Liquidated Damages Per Day Subcontractors,or for labor,materials or equipment; 4) reasonable doubt that the Work can be completed for $15,000 or less $45 the unpaid balance of the Contract Sum; $15,001 to $25,000 $63 $25,001 to $50,000 $105 5) damage to another contractor, $50,001 to $100,000 $154 $100,000 to $500,000 $210 6) reasonable indication that the Work will not be $500,001 to$1,000,000 $315 completed within the Contract Time;or $1,000,001 to$2,000,000 $420 7) Unsatisfactory prosecution of the Work by the $2,000,001 to$5,000,000 $630 Contractor. $5,000,001 to$10,000,000 $840 over$10,000,000 $980 When such grounds for the refusal of payment are removed, 1-9 FAILURE OF PAYMENT If, without fault on the payment shall be made for amounts withheld because of part of the Contractor, the Architect should fail to issue any them.The Owner reserves the right to withhold the payment Certificate for Payment within seven days after receipt of the of any monthly estimate, without payment of interest, if the Contractor's Application for Payment, If the Contractor's Contractor fails to perform the Work in accordance with the specifications or instructions of the Architect. Application for Payment,.or if,without fault on the part of the Contractor,the Owner should fail to approve such estimate 1-7 UNRESOLVED CLAIMS: In the event a written or to pay to the Contractor 90%or 95%(as applicable)of the claim for damages against the Contractor or its subcon- amount thereof within the period of time specified, then the tractors remains unsettled at the time all work on the project Contractor may, upon seven (7) days additional written has been completed to the satisfaction of the Director of the notice to the Owner and to the Architect,stop the Work until Transportation and Public Works Department,as evidenced payment of the amount owing has been received. by a final inspection, final payment to the Contractor shall 1-10 SUBSTANTIAL COMPLETION AND FINAL not be recommended by the Director of the Transportation and Public Works Department for a period of 30 days after PAYMENT Prior to the request far fins{ payment, the Contractor must meet aU the date of such final inspection,unless the Contractor shall provisions for Project Closeouk submit written evidence satisfactory to the Director that the When the Contractor determines that the Work or a claim has been settled and a release has been obtained designated portion thereof acceptable to the Owner is from the claimant involved. substantially complete, the Contractor shall prepare the submission to the Architect a list of items to be completed or Although the claim concerned remains unsettled at the corrected. The failure to include any items on such list does expiration of the above 30-day period,the Contractor may be not alter the responsibility of the Contractor to complete all deemed to be entitled to a semi-final payment for work Work in accordance with the Contract Documents.When the completed, such semi-final payment to be in an amount Architect,on the basis of an inspection,determines that the equal to the total dollar amount then due less the dollar Work is substantially complete, he then will prepare a value of any written claims pending against the Contractor Certificate of Substantial Completion (G704) which, when arising out of the performance of such work, and such approved by the Owner, shall establish the Date of semi-final payment may then be recommended by the Substantial Completion,shall state the responsibilities of the Director. Owner and the Contractor for maintenance, heat, utilities, and Insurance, and shall fix the time within which the The Director shall not recommend final payment to a Contractor shall complete the items listed therein,said time Contractor against whom such a claim for damages is to be within the Contract time unless extended. outstanding for a period of six months following the date of Upon receipt of written notice that the Work is ready for final the acceptance of the work performed unless the Contractor inspection and acceptance and upon receipt of a final submits evidence in writing satisfactory to the Director that Application for Payment and upon receipt of a final 1) The claim has been settled and a release has been application for payment,providing the record drawings have obtained from the claimant involved,or been received by the Architect, the Architect will conduct such test and/or inspections as he deems necessary, and if GC- 14 of 24 10/11/99 In his opinion the Work has been completed in accordance with the Contract Documents, the Architect will promptly (3) other property at the site or adjacent thereto, including issue a final Certificate of Substantial Completion stating that trees, shrubs, lawns, walks, pavements, roadways, to the best of his knowledge, information and belief,and on structures and utilities not designated for removal, the basis of his observations and inspections,the Work has relocation or replacement in the course of construction. been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found Until acceptance of the Work, it shall be under the charge to be due the Contractor is due and payable. Final and care of the Contractor, and he shall take every acceptance can be made by the City Council of the City of precaution against Injury or damage to the Work by the Fort Worth or its designated representative, and no other action of the elements or from any other cause whatsoever, form of acceptance will be binding upon the Owner. Final whether arising from the execution or from the non-execution payment and release of the retainage amount will become of the Work.The Contractor shall rebuild,repair,restore and due within fifteen days following approval of the City Council make good, at his own expense, all Injuries or damages to of the City of Fort Worth in accepting the work as complete. any portion of the Work occasioned by any of the above, caused before its completion and acceptance. Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to The Contractor shall comply with all applicable Laws, the Architect Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or 1) Contractor's Affidavit of Payment of Debts and Claims property or to protect them from damage, injury or loss. He (G706) stating that all payrolls, bills for materials and shall erect and maintain, as required by existing conditions equipment,and other indebtedness connected with the and progress of the Work, all reasonable safeguards for Work for which the Owner or his property might in any safety and protection, including posting danger signs and way be responsible, have been paid or otherwise other warnings against hazards, promulgating safety satisfied, regulations and notifying owners and users of adjacent 2) Consent of Surety to Final Payment(G707), if any, to utilities. final payment, 3) Contractor's Affidavit of Release of Liens(G706A),and, When the use or storage of explosives or other hazardous 4) Other data establishing payment or satisfaction of all materials or equipment Is necessary for the execution of the such obligations, such as receipts, releases and Work, the Contractor shall exercise the utmost care and waivers of liens arising out of the Contract,to the extent shall carry on such activities under the supervision of and in such form as may be designated by the Owner. properly qualified personnel. If any Subcontractor, materialman or laborer refuses to Ail damage or loss to any property referred to in the furnish a release or waiver required by the Owner, the preceding paragraphs caused in whole or in part by the Contractor may,at the election of the Owner,furnish a bond Contractor, any Subcontractor, or anyone directly or satisfactory to the Owner to indemnify him against any right, indirectly employed by any of them,or by anyone for whose claim or lien which might be asserted by such Subcontractor, ads any of them may be liable, shall be remedied by the materialman or laborer. If any such right, claim or lien Contractor, Including damage or loss attributable to faulty remains unsatisfied after all payments are made. The Drawings or Specifications and ads or omissions of the Contractor shall refund to the Owner all monies that the Architect or anyone employed by him or for whose ads he latter may be compelled to pay to discharging such right, may be liable,and not attributable to the fault or negligence claim or lien, including all costs and reasonable attorney's of the Contractor or anyone claiming through the Contractor fees. for such damage or loss. The acceptance of final payment shall constitute a waiver of The Contractor shall not load or permit any part of the Work all claims by the Contractor except those previously made in to be loaded so as to endanger Its safety. writing and still unsettled. J-3 HARD HATS. Hard Hats will be required at all SECTION J construction sites included in this Contract from start to PROTECTION OF PERSONS AND PROPERTY completion of work. Each Contractor,employee and visitor at any construction site included in the Contract will be J-1 SAFETY PRECAUTIONS AND PROGRAMS The required to wear a hard hat The Contractor shall enforce the Contractor shall be responsible for initiating,maintaining and wearing of hard hats by Contractor,employees and visitors. supervising all safety precautions and programs in These requirements are in addition to the Accident connection with the Work.The Contractor shall designate a Prevention Clause in the General Conditions of the Contract. responsible member of his organization at the site whose Contractor shall provide ten hard hats for use by the duty shall be the prevention of accidents. This person shall consulting Architects and Engineers and visitors. be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property, the Contractor shall act at his J-2 SAFETY OF PERSONS AND PROPERTY. The discretion to prevent threatened damage,Injury or loss.Any Contractor shall take all reasonable precautions for the additional compensation or extension of time claimed by the safety of, and shall provide all reasonable protection to Contractor on account of emergency work shall be prevent damage,injury or loss to: determined as provided in Changes in the Work. (1) all employees on the Work and all other persons who SECTION K-INSURANCE may be affected thereby; K-1 Insurance Reaulred. The Contractor shall not (2) all the Work and all materials and equipment to be commence work under this Contract until he has obtained all incorporated therein, whether in storage on or-off the insurance required under this Section and such insurance site,under the care, custody or control of the Contractor has been approved by the City of Fort Worth, nor shall the or any of his Subcontractors or Sub-contractors;and Contractor allow any Subcontractor to commence work to be GC- 15 of 24 l 0,111;99 performed under this Contract until all similar insurance of This includes, without limitation, independent the Subcontractor has been so obtained and approved. contractors, subcontractors, leasing companies, motor carriers,owner-operators,employees of any such entity, or employees of any entity which K-2 Workers'Compensation Insurance: furnishes persons to provide services on the 1) General project. "Services" include, without limitation, providing, hauling, or delivering equipment or a) Contractor's Worker's Compensation Insurance. materials, or providing labor, transportation, or Contractor agrees to provide to the Owner(City)a other services related to a project "Services" certificate showing that it has obtained a policy of does not include activities unrelated to the project, workers compensation insurance covering each of such as foodlbeverage vendors, office supply its employees employed on the project in deliveries,and delivery of portable toilets. compliance with state law. No Notice to Proceed will be issued until the Contractor has complied 3) Requirements with this section. a) The contractor shall provide coverage, based on b) Subcontractor's Worker's Compensation proper reporting of classification codes and payroll Insurance. Contractor agrees to require each and amounts and filing of any coverage agreements, every subcontractor who will perform work on the which meets the statutory requirements of Texas project to provide to it a certificate from such Labor Code, Section 401.011(44) for all subcontractor stating that the subcontractor has a employees of the contractor providing services of policy of workers compensation insurance the project,for the duration of the project v covering each employee employed on the project b) The Contractor must provide a certificate of Contractor will not permit any subcontractor to coverage to the governmental entity perform work on the project until such certificate g !� ty Prior to being awarded the contract has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City). c) If the coverage period shown on the contractor's c) By signing this contract or providing or causing to current certificate of coverage ends during the be provided a certificate of coverage, the duration of the project,the contractor must,prior to contractor is representing to the City that all the end of the coverage period, file a new employees of the contractor who will provide coverarage ge has been extended. of coverage with the City showing that cove services on the project will be covered by workers compensation coverage for the duration of the d) The contractor shall obtain from each person project,that the coverage will be based on proper providing services on a project,and provide to the reporting of classification codes and payroll City: amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in I) a certificate of coverage, prior to that person the case of a self-insured,with the Texas Workers beginning work on the project, so the Compensation Commission's Division of Self- governmental entity will have on file Insurance Regulation. Providing false or certificates of coverage showing coverage for misleading information may subject the contractor all persons providing services on the project; to administrative penalties, criminal penalties, civil and penalties or other civil actions. ii) no later than seven days after receipt by the d) The contractors failure to comply with any of these contractor, a new certificate of coverage provisions is a breach of contract by the contractor showing extension of coverage, if the which entities the City to declare the contract void coverage period shown on the current if the contractor does not remedy the breach within certificate of coverage ends during the ten days after receipt of notice of breach from the duration of the project City' e) The contractor shall retain all required certificates 2) Definitions: of coverage for the duration of the project and for one year thereafter. a) Certificate of coverage ("certificate"). A copy of a certificate of insurance,a certificate of authority to fl The contractor shall notify the City in writing by self4nsure issued by the Texas Workers' certified mail or personal delivery, within ten (10) Compensation Commission, or a coverage days after the contractor knew or should have agreement (TWCC-81, TWCC-82, TWCC-83, or known, of any change that materially affects the TWCC-84), showing statutory workers' provision of coverage of any person providing compensation insurance coverage for the person's services on the project or entity's employees providing services on aThe contractor shall t 9) post on each project site a project,for the duration of the projec notice, in the text,form and manner prescribed by b) Duration of the Project. Includes the time from the the Texas Workers Compensation Commission, beginning of the work on the project until the Informing all persons providing services on the contractorstperson's work on the project has been project that they are required to be covered, and completed and accepted by the City. stating how a person may verify coverage and report lack of coverage. c) Persons providing services on the project ('subcontractor" in section 406.096)4ndudes all h) The contractor shall contractually require each persons or entities performing all or part of the person with whom it contracts to provide services services the contractor has undertaken to perform on a project,to: on the project, regardless of whether that person 1) provide coverage, based on proper reporting contracted directly with the contractor and on the classification codes and payroll regardless of whether that person has employees. amounts and filing of any coverage GC- 16 of 24 10/11/99 agreements, which meets the statutory equipment or materials, or providing requirements of Texas labor Code, Section labor or transportation or other service 401.011(44)for all of its employees providing related to the project, regardless of the services on the project,for the duration of the identity of their employer or status as an project employee'. ii) provide to the contractor, prior to that person Call the Texas Worker's Compensation beginning work on the project, a certificate of Commission at 512-440-3789 to receive coverage showing that coverage is being information on the legal requirement for provided for all employees of the person coverage, to verify whether your providing services on the project, for the employer has provided the required duration of the project; coverage, or to report an employer's iii) provide the contractor, prior to the end of the failure to provide coverage.' coverage period, a new certificate of K-3 LIABILITY INSURANCE. The Contractor shall coverage showing extension of coverage, if procure and maintain during the term of this Contract such the coverage period shown on the current Liability Insurance as shall protect him,the City of Fort Worth certificate of coverage ends during the and any Subcontractor performing work covered by this duration of the project; Contract from claims of damage which may arise from iv) obtain from each other person with whom it operations under this Contract, including blasting, when contracts,and provide to the contractor blasting is done on, or in connection with the Work of the Project, whether such operations be by himself or by any (1) a certificate of coverage, prior to the Subcontractor or by anyone directly or indirectly employed other person beginning work on the by either of them and the limits of such insurance shall be project;and not less than the following: (2) a new certificate of coverage showing 1) Automobile Liability: $1,000,000 each accident, or extension of coverage, prior to the end reasonably equivalent split limits for bodily injury and of the coverage period, if the coverage property damage. Coverage shall be on 'any auto" period shown on the current certificate including leased, hired, owned, non-owned and of coverage ends during the duration of baron vehicles used in connection with this the project Contract v) retain all required certificates of coverage on 2) Commercial General Liability: $1,000,000 each file for the duration of the project and for one occurrence. Coverage under the policy shall be as year thereafter. comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use In A) notify the City in writing by certified mail or Texas and the policy shall have no exclusions by personal delivery, within ten (10) days after endorsement unless such are approved by the City. the person knew or should have known, of any change that materially affects the 3) Asbestos Abatement Liability Insurance: When the provision of coverage of any person providing Project specifically requires the removal of Asbestos services on the project;and Containing Materials, the Contractor shall be required to maintain Asbestos Abatement Liability Insurance as vii) contractually require each person with whom follows: $1,000,000 per occurrence; $2,000,000 it contracts, to perform as required by aggregate limit The coverage shall Include any paragraphs h4) -vi'i), with the certificates of pollution exposure, including environmental impairment coverage to be provided to the person for liability, associated with the services and operations whom they are providing services. performed under this contract In addition to sudden and 4) Posting of Required Workers Compensation Coverage. accidental contamination or pollution liability for gradual emissions and dean-up costs. a) The contractor shall post a notice on each project site informing all persons providing services on the K-4 BUILDER'S RISK INSURANCE. project that they are required to be covered, and stating how a person may verify current coverage Unless stated otherwise in the Proposal or Invitation, the and report failure to provide coverage.This notice Contractor shall procure, pay for and maintain at all times does not satisfy other posting requirements during the term of this Contrail, Builders Risk Insurance imposed by the Texas Worker's Compensation Act against the perils of fire,lightning,windstorm,hurricane,hail, or other Texas Workers Compensation riot, explosion, civic commotion, smoke, aircraft, land Commission rules. This notice must be printed vehicles,vandalism,and malicious mischief, at a limit equal with a titre in at least 30 point bold type and text in to 100%of the Contract Sum. at least 19-point normal type,and shall be In both English and Spanish and any other language The policy shall include coverage for materials and supplies common to the worker population. The text for the while in transit and while being stored on or off site. If notices shall be the following text, without any specifically required in the Instructions to Bidders,the policy additional words or changes: shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. 'REQUIRED WORKER'S COMPENSATION COVERAGE Consequential damage due to faulty workmanship and/or The law requires that each person design performed by the Contractor or his agents shall be working on this site or providing services Oovered' related to this construction project must Upon completion of the Work,the Contractor shall notify the be covered by worker's compensation City of Fort Worth in writing before terminating this insurance. This includes persons providing, hauling, or delivering insurance. GC- 17 of 24 10/11/99 Contractor shall provide such coverage on the K-5 PROOF OF CARRIAGE OF INSURANCE. The Contractor's subcontractors. Contractor shall provide a certificate of insurance documenting the Transportation and Public Works SECTION L Department,City of Fort Worth as a"Certificate Holder',and CHANGES IN THE WORK noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. L-1 CHANGE ORDER. The Owner, without More than one certificate may be required of the Contractor invalidating the Contract, may order Changes in the Work 41 depending upon the agents an/or insurers for the within the general scope of the Contract consisting of Contractor's insurance coverages specified for the project(s). additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly.All Such K-6 OTHER INSURANCE RELATED Changes in the Work shall be authorized by Change Order, r REQUIREMENTS. and shall be executed under the applicable conditions of the Contract Documents. 1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the 2) Applicable insurance policies shall each be endorsed execution of the Contract,authorizing a Change in the Work with a waiver of subrogation in favor of the City of Fort or adjustment in the Contract Sum or the Contract Time.The Worth. Contract Sum and the Contract Time may be changed only 3) Insurers of policies maintained by Contractor and Its by Change Order. subcontractor(s),If applicable,shall be authorized to do Any changes in work required due to changed or unforeseen business in the State of Texas, or otherwise approved conditions,or by request of either the Contractor or the City, by the City of Fort Worth,and such shall be acceptable shall be coordinated with the Director, Department of to the City of Fort Worth insofar as their financial Transportation and Public Works. A change order must be r strength and solvency are concerned. Any company written and duly negotiated and executed prior to performing through which the Insurance is placed must have a Changed work. rating of at least A:VII,as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole The cost or credit to the Owner resulting from a Change in r discretion,a less favorable rate may be accepted by the the Fort Worth shall be determined in one or more of the City. following ways: 4) Deductible limits on insurance policies and/or self 1) by mutual acceptance of a lump sum property itemized, insured retentions exceeding $10,000 require approval including the allowance to Contractor for overhead and of the City of Fort Worth as respects this Contract profit stipulated in the original contract proposal; 5) The City of Fort Worth shall be notified in writing a 2) by unit prices stated in the Contract Documents or minimum of thirty days prior to an insurer's action in the subsequently agreed upon;or r event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance 3) by cost and a mutually acceptable fixed or percentage coverage required in this Contract fee 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. If none of the methods set forth herein above g agreed upon,the Contractor, provided he receives a Change Order, 7) The Contractor shall provide certificates of insurance to shall promptly proceed with the Work involved. The cost of the Ci op p such work shall then be determined on the basis of the City prior to commencement of operations pursuant Contractor's reasonable expenditures and savings,including to this Contract. Any failure on part of the City of Fort a reasonable allowance for overhead and profit as indicted in Worth to request such documentation shall not be the original contract proposal. In such cases,the Contractor construed as a waiver of insurance requirements shall keep and present, in such form as the Architect shall specified herein. prescribe, an itemized accounting together with appropriate r 8) The City of Fort Worth shall be entitled, upon request supporting data. Pending final determination of cost to the and without incurring expense, to review the insurance Archer, payments on account shall be made on the policies including endorsements thereto and, at its Architect's Certificate of Payment as approved by the Owner.discretion, to require proof of payment for policy i premiums. If after the contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed 9) The City of Fort Worth shall not be responsible for change in scope of the work,Contractor shall process such paying the cost of insurance coverages required herein. proposal within seven days of receipt and return the price ■ 10) Notice of any actual or potential claim and/or litigation quote to the Architect in writing. The Architect shall review to that would affect insurance coverages required herein e price quotation and if approval Is recommended,forward shall o provided to the C' in a time the proposed change order request and price proposal to the y manner. Owner for approval. If the Architect will attempt to negotiate 11) "Other insurance' as referenced in any policy of with Contractor to revise the proposal to a figure which is fair insurance providing coverages required herein shall not and reasonable and forward it to the Owner for approval. appy to any insurance policy or program maintained by If the negotiations not resultt In y equitable solution, the the City of Fort Worth. Architect shall prepare acost-plus type Change Order with a price-not-to-exceed figure for approval by the City and 12) Contractor shall agree to either require its require specific documentation to be provided by Contractor subcontractors to maintain the same Insurance in accordance with the paragraph above. coverages and limits thereof as specified herein or the GC- 18 of 24 10/11/99 Contractor is advised that according to City of Fort Worth M-1 UNCOVERING OF WORK. If any Work should be Charter, that when the cumulative effect of Change Orders covered contrary to the request of the Owner or Architect, it d results in an increase in cost of the contract amount by over must be uncovered for observation and replaced, at the $3,000, the City Council must approve all such Change Contractor's expense. Orders which will exceed this limit. Normal processing time for the City Staff to obtain City Council approval, once the if any other work has been covered which the Owner or recommended change order has been received at the City, Architect have not specifically requested to observe prior to is approximately thirty (30) days . Owner, Architect and being covered, the Architect or the Owner may request to Contractor shall endeavor to identify Change Order items as see such work and it shall be uncovered by the Contractor.If early in the Construction process as possible to minimize such Work be found in accordance with the Plans and their impact on the construction schedule. Specifications,the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If If unit prices are stated in the Contract Documents or such work be found not in accordance with the Pians and subsequently agreed upon, and if the quantities originally Specifications,the Contractor shall pay such costs unless it contemplated are so changed in a proposed Change Order be found that this condition was caused by a separate that application of the agreed unit prices to the quantities of contractor employed by the Owner. Work proposed will create a hardship on the Owner or the Contractor, the applicable unit prices shall be equitably M-2 CORRECTION OF WORK The Contractor shall adjusted to prevent such hardship. promptly correct all work rejected by the Owner or Architect as defective or as failing to conform to the Pians and If the Contractor claims that additional cost or time is Specifications whether observed before or after Substantial involved because of (1) any written interpretation issued Completion and whether or not fabricated, installed or pursuant to Section A, (2) any order by the Architect or completed.The Contractor shall bear all costs of correcting Owner to stop the Work pursuant to Section B, where the such rejected Work, including the cost of the Architect's Contract was not at fault,or(3)any written order for a minor additional service thereby made necessary. change in the Work,the Contractor shall make such claim. If, within one year after the Date of Substantial Completion L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If or within such longer period of time as may be prescribed by the Contractor wishes to make a claim for an increase in the law or by the terms of any applicable special guarantee Contract Sum or an extension in the Contract Time,he shall required by the Contract Documents, any of the work is give the Architect written notice thereof within a reasonable found to be defective or not in accordance with the Contract time after the occurrence of the event that gave rise to such Documents, the Contractor shall correct it promptly after claim. This notice shall be given by the Contractor before receipt of a written notice from the Owner to do so, unless proceeding to execute the Work, except in an emergency the Owner has previously given the Contractor a written endangering life or property in which case the Contractor acceptance of such condition, describing same specifically shall proceed in accordance with Section J. No such claim and not generally. The Owner shall give such notice shall be valid unless so made. Any change in the Contract promptly after discovery of the condition. Sum or Contract Time resulting from such claim,if approved by the Owner,shall be authorized by Change Order. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where L-3 OVERHEAD ALLOWANCES FOR CHANGES: necessary, and the work shall be corrected to comply with Should any change in the work or extra work be ordered, the Contract Documents without cost to the Owner. the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal 1. Allowance to the Contractor for overhead and profit for or correction. extra work performed by the Contractors own forces shall not exceed fifteen percent(15%1. If the Contractor does not remove such defective or non- conforming work within a reasonable time fixed by written 2. Allowance to the Contractor for overhead and profit for notice from the Architect or the Owner, the Owner may extra work performed by a Subcontractor and supervised by remove it and may store the materials or equipment at the the Contractor shall not exceed ten percent 1149b1. expense of the Contractor.If the Contractor does not pay the cost of such removal and storage within ten days thereafter, L-4 MINOR CHANGES IN THE WORK. The Architect the Owner may upon ten additional days'written notice sell shall have authority to order minor changes in the Work not such work at auction or at private sale and shall account for involving an adjustment in the Contract Sum or an extension the net proceeds thereof, after deducting all the costs that of the Contact Time and not Inconsistent with the intent of should have been borne by the Contractor including the Contract Documents.Such changes may be effected by compensation for additional architectural services. If such Field Order or by other written order.Such changes shall be proceeds of sale do not cover all costs that the Contractor confirmed in writing by the Architect and shall be binding on should have bome, the difference shall be charged to the the Owner and the Contractor. Contractor and an appropriate Change Order shall be issued.If the payments then or thereafter due the Contractor L-S FIELD ORDERS. The Architect may issue written are not sufficient to cover such amount,the Contractor shall Feld Orders which interpret the Contract Documents in pay the difference to the Owner. accordance with Section A,or which order minor changes in the Work in accordance with Section L without change in If the Contractor fails to correct such defective or non- Contract Sum or Contract Time. The Contractor shall carry conforming work, the Owner may correct It in accordance out such Field Orders promptly. with Section G. SECTION M The obligation of the Contractor under this Section shall be UNCOVERING AND CORRECTION OF WORK in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. r GC- 19 of 24 10/11/99 After termination as above,the City will pay the contractor a M-3 ACCEPTANCE OF DEFECTIVE OR NON- proportionate part of the contract price based on the work CONFORMING WORK. If the Owner prefers to accept completed; provided, however, that the amount of payment defective or non-conforming work, he may do so instead of on termination shall not exceed the total contract price as requiring its removal and correction,in which case a Change reduced by the portion thereof allocatable to the work not Order will be issued to reflect an appropriate reduction in the completed and further reduced by the amount of payments, Contract Sum, or, if the amount is determined after final if,any otherwise made. Contractor shall submit its claim for payment,it shall be paid by the Contractor. amounts due after termination as provided in this paragraph 4 within 30 days after receipt of such claim. In the event of SECTION N any dispute or controversy as to the propriety or allowability TERMINATION OF THE CONTRACT of all or any portion of such claim under this paragraph,such dispute or controversy shall be resolved and be decided by N-1 ILRMINATION BY THE CONTRACTOR. If the the City Council of the City of Fort Worth, and the decision work is stopped for a period of 30 days under an order or by the City Council of the City of Fort Worth shall be final any court or other public authority having jurisdiction, and binding upon all parties to this contract through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons SECTION O performing any of the work under a contract with the SIGNS Contractor,or If the work should be stopped for a period of 30 days by the Contractor for the Owners failure to make The Contractor shall construct and install the project payment thereon as provided in Section I, then the designation sign as required in the Contract Documents and Contractor may after the end of such period of 30 days and in strict accordance with the Specifications for "Project upon seven additional days'written notice to the Owner and Designation Signs.'This sign shall be a part of this Contract the Architect,terminate the Contract and shall be included in the Contractor's Base Bid for the Project N-2 TERMFNATION BY THE OWNER. If the contractor is adjudged as bankrupt,orf he makes a general SECTION P assignment for the benefit of his creditors,or if a receiver is TEMPORARY FACILITIES appointed on account of his insolvency, of if the Contractor refuses, except in cases for which extension of time is P-1 SCQPE. The Contractor shall furnish, erect, and provided, to supply enough properly skilled workmen or maintain facilities and perform temporary work required in proper materials, or if he fails to make prompt payment to the performance of this Contract, Including those shown and Subcontractors or for materials or labor, or fails to comply specified. with al Laws, Statutes, Charter,Ordinances, Regulations or Orders of any public authority having jurisdiction, or P-2 UJE OF TEMPORARY FACILITIES. All otherwise is guilty of a substantial violation of a provision of temporary facilities shall be made available for use by all the Contract Documents, then the Owner, on its own workmen and subcontractors employed on the project, initiative or upon certification by the Architect that sufficient subject to reasonable directions by the Contractor as to their cause exists to justify such action, may,without prejudice to proper and most efficient utilization. any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, terminate the P-3 MAINTENANCE AND REMOVAL. The employment of the Contractor and take possession of the Contractor shall maintain temporary facilities in a proper, site and of all materials, equipment, tools, construction safe operating and sanitary condition for the duration of the equipment and machinery thereon owned by the Contractor Contract Upon completion of the Contract, all such and may finish the work by whatever method he may deem temporary work and facilities shall be removed from the expedient. In such case the Contractor shall not be entitled premises and disposed of unless otherwise directed or to receive any further payment until the Work is finished. specified hereunder. If the costs of finishing the Work,including compensation for P-4 FIELI2 OFFICES AND SHED. The Contractor the Architect's additional services., exceed the unpaid shall provide a temporary field office building for himself, his balance of the Contract, the Contractor shall pay the subcontractors and use by the Architect. For construction difference to the Owner. contracts with a bid price in excess of $7,000,000.00, the Contractor shall provide a separate field office for the City's The City of Fort Worth may terminate this contract in whole, field representative (but the separate office may be in the or from time to time,in part,whenever such termination is in same structure).The buildings shall afford protection against the best interest of the City. Termination will be effected by the weather, and each office shall have a lockable door, at delivering to the Contractor a notice of termination specifying least one window, adequate electrical outlets and lighting, to what extent performance of the work of the contract is and a shelf large enough to accommodate perusal of the being terminated and the effective date of termination. After project drawings. Openings shall have suitable locks. Field receipt of termination the contractor shall: offices shall be maintained for the full time during the operation of the work of the Contract During cold weather a) Stop work under the Contract on the date and to the months, the field offices shall be suitably insulated and extent specified on the notice of termination. equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm b) Place no further orders or subcontracts except as may weather the offices shall be equipped with an air conditioning be necessary for the completion of the work not device to maintain temperature below 75 degrees F. Upon terminated. completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the c) Terminate all orders and subcontracts to the extent that drawing shelf, provide for the City field representatives they relate to the performance of the work terminated office: one deck, four chairs, plan rack and a four drawer by the notice of termination. filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. GC-20 of 24 10/11/99 The Contractor shall provide and maintain storage sheds, provide heat ventilation prior and during the following work other temporary buildings or trailers on the project site as operations as follows: required for his use. Location of sheds and trailers shall be as approved by the Architect. Remove sheds when work is a) At all times during the placing, setting and curing of completed,or as directed. concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. P-5 TELEPHONE. The Contractor shall provide and pay for telephone installation and service to the field offices b) From the beginning of the application of drywall and described above. Service shall be maintained for the during the setting and curing period, provide sufficient duration of operations under this contract The Contractor heat to produce a temperature In the spaces involved of shall provide for and pay for an automatic telephone- not less than 55 F. answering device at the site office for the duration of the project The contractor shall provide a separate telephone c) For a period of seven(7)days previous to the placing of line, and instrument for use by the City's field interior finish materials and throughout the placing of representatives, finish painting,decorating and laying of resilient flooring materials, provide sufficient heat to produce a P-6 TOILET FACILITIES. The Contractor shall temperature of not less than 60 F. provide proper,sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the P-8 TEMPORARY CONSTRUCTION. EQUIPMENT project AND PROTECTION P-7 UTILITIES. Contractor shall make all necessary The Contractor shall provide, maintain, and remove upon arrangements and provide for temporary water and completion of the work all temporary rigging, scaffolding, electricity required during the construction. Contractor shall hoisting equipment, rubbish chutes, ladders to roof, provide and install temporary utility meters during the barricades around openings,and all other temporary work as contract construction period.These meters will be read and required to complete all work of the Contract Contractor the Contractor will be billed on this actual use. The shalt coordinate the use and furnishing of scaffolds with his Contractor shall provide all labor and materials required to sub-contractors. tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction The Contractor shall provide, maintain, and remove upon area for use of all trades. Upon completion of the work all completion of the work, or sooner, if authorized by the utility lines shall be removed and repairs made to the Architect, all fences, barricades, lights, shoring, pedestrian existing lines. Only utilities at existing voltages, pressures, walkways, temporary fire escapes, and other protective frequencies,etc.will be available to the Contractor. structures or devices necessary for the safety of workmen, City employees,equipment,the public and property. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project All temporary construction and equipment shall conform to or as shown on the Drawings. Pipe water from the source of all regulations, ordinances, laws and other requirements of supply to all points where water will be required. Provide the authorities having jurisdiction, including insurance sufficient hose to carry water to every required part of the companies, with regards to safety precautions, operation construction and allow the use of water facilities to and fire hazard. subcontractors engaged on the work. Provide pumps,tanks and compressors as may be required to produce required The Contractor shall provide and maintain pumping facilities, pressures. including power,for keeping the site,all times,whether from underground seepage,rainfall,drainage of broken lines. Electric Service. Provide adequate electric service for power and lighting to all points where required.Temporary, electric The Contractor shall maintain provision for dosing and service shall be of sufficient capacity and characteristics to locking the building at such time as possible to do so. If this supply proper current for various types of construction tools, is not feasible,maintain a night motors, welding machines, lights, heating plant, air conditioning system, pumps, and other work required. The Contractor shall provide and maintain all barricades or Provide sufficient number of electric outlets so that 50 foot enclosures, required to protect the work in progress from long extension cords will reach all work requiring light or outside elements,dusts, and other disturbances as a result power. of work under this Contract Such protection shall be positive,shall meet the approval of the Architect and shall be Ughting• Supply and maintain temporary lighting so that maintained for the duration of the construction period or as work of all trades may be properly and safely performed, in required to provide for the protection as specified. such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per P-10 PROJECT BULLETIN BOARD. The Contractor squgr4e foot and maintain a socket voltage of at least 110 shall furnish,install and maintain during the life of the project voits. Use at least 100 waft lamps. In any event, the lighting a weather-tight bulletin board approximately 3 feet high by 5 intensity shall not be less than 5 foot candles in the vicinity of feet wide having not less than two hinged or sliding glass work and traffic areas. doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Architect, in a P-8 HEATING. Heating devices required under this prominent place accessible to employees of the Contractor paragraph shalt not be electric. The Contractor shall provide and sub-contractors,and to applicants for employment The heat,ventilation, fuel and services as required to protect all bulletin board shall remain the property of the Contractor and work and materials and to keep the humidity down to the shall be removed by him upon completion of the Contract extent required to prevent corrosion of any metal and to work. The following information which will be furnished by prevent dampness or mildew which is potentially damaging the City to the Contractor, shall be posted on the bulletin to materials and finishes. All such heating, ventilation and board and shall be maintained by the Contractor in easily services shall be provided and maintained until final readable condition at all times for the duration of the acceptance of all work. In addition, the Contractor shall Contract GC-21 of 24 10/11/99 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. a A GC-22 of 24 10/11/99 GENERAL CONDITIONS INDEX D-22 Cutting and Patching of Work A DEFINITIONS PROCEDURES AND D-23 Cleaning Up INTERPRETATIONS D-24 Communications A-1 Contract Documents E SUBCONTRACTORS A-2 Entire Agreement A-3 Work E-1 Definition A-4 Execution of the Contract Documents E-2 Award of Subcontracts A-5 Familiarity with Proposed Work E-3 Terms of Subcontracts A-6 One Unified contract E-4 Minority and Women's Business Enterprise A-7 Division of Work (M/WBE) A-8 Interpretations E-5 Payments to Sub-Contractors A-9 Copies of Working Drawings and Specifications F SEPARATE CONTRACTS A-10 Minority and Women's Business Enterprise Policy F-1 Owner's Right A-11 Correlation and Intent F-2 Mutual Responsibility of Contractors A-12 Age F-3 Cutting and Patching Under Separate A-13 Disability Contracts F-4 Owner's Right to Gean Up B IDENTITY OF ARCHITECT G MISCELLANEOUS PROVISIONS B-1 Contract Administration B-2 Termination and Suspension of Work G-1 Conflict of Laws B-3 Duties of Architect G-2 Governing Laws B-4 Architect as Representative of the Owner G-3 Personal Liability of Public Officials B-5 Access to Job Site G-4 Compliance with Laws B-6 Interpretations G-5 Indemnification B-7 Authority to Stop Work G-6 Successors and Assigns B-8 Miscellaneous Duties of Architect G-7 Written Notice B-9 Termination of Architect G-8 Surety Bonds G-9 Owner's Right to Carry Out the Work C OWNER G-10 Royalties and Patents G-11 Tests C-1 Identification G-12 Interruption of Existing Utilities Services C-2 Duties of the Owner G-13 Laying Out Work C-3 Instructions G-14 Measurements C-4 Access to Job Site G-15 Existing Overhead or Underground Work C-5 Progress Inspections G-16 Alignment of Joints in Finish Materials C-6 Authority to Stop Work G-17 Integrating Existing Work C-7 Substantial Completion Inspection G-18 Hazardous Material Certification C-8 Right to Audit G-19 Location of Equipment and Piping G-20 Overloading D CONTRACTOR G-21 Manufacturer's Instruction G-22 Cleaning Up D-1 Identification G-23 Dust Control D-2 Independent contractor G-24 Fire Protection D-3 Subletting G-25 Cutting and Patching D-4 Review of contract Documents G-26 Project Goseout D-5 Supervision G-27 Guarantee and Extended Guarantee D-6 Labor and Materials G-28 Y2K Compliance Requirements D-7 Prevailing Wage Rate G-29 Record Drawings D-8 Warranty G-30 Construction Fence D-9 Taxes G-31 Product Delivery,Storage,Handling D-10 Licenses,Notices and Fees G-32 Removal of Salvaged Material D-11 Cash Allowances G-33 Manufacturer's Reference D-12 Superintendent D-13 Responsibility for Employees and Sub- H CONTRACT TIME contractors D-14 Failure to Commence work H-1 Definitions D-15 Progress Schedule H-2 Progress and Completion D-16 Drawings and Specifications at the Site H-3 Delays and Extension of Time D-17 Shop Drawings and Samples H-4 No Damage for Delay D-18 Site Use D-19 Safe Work Practices I PAYMENTS AND COMPLETION D-20 Field Offices and Sheds D-21 Trench Safety 1-1 Contract Sum GC-23 of 24 10/11/99 1-2 Schedule of Values L-5 Field Orders 1-3 Adjustment of Quantities 14 Progress Payments M UNCOVERING AND CORRECTION OF 1-5 Certificates for Payment WORK 1-6 Payments Withheld " 1-7 Unresolved Claims M-1 Uncovering of Work 1-8 Liquidated Damages M-2 Correction of Work 1-9 Failure of Payment M-3 Acceptance of Defective or Non-Conforming 1-10 Substantial Completion and Final Payment Work J PROTECTION OF PERSONS AND N TERMINATION OF THE CONTRACT PROPERTY N-1 Termination by the Contractor J-1 Safety Precautions and Programs N-2 Termination by the Owner J-2 Safety of Persons and Property J-3 Hard Hats O SIGNS J4 Emergencies P TEMPORARY FACILITIES K INSURANCE P-1 Scope K-1 Insurance Required P-2 Use of Temporary Facilities K-2 Workers'Compensation Insurance P-3 Maintenance and Removal P-4 Field Offices and Sheds K-3 Liability Insurance P-5 Telephone K4 Builder's Risk Insurance P-6 Toilet Facilities K-5 Proof of Insurance P-7 Utilities K-6 Other Insurance Related Requirements P-8 Heating L CHANGES IN THE WORK P-9 Temporary Construction,Equipment and Protection L-1 Change Order P-10 Project Bulletin Board L-2 Claims for Additional Cost or Time Q VENUE L-3 Overhead Allowance for Changes L4 Minor Changes in the Work 00000 w GC-24 of 24 10/11/99 WEATHER TABLE Month Average Inches of Snow/Ice Days of Rainfall Pellets Rain January 7 1.80 1 February 7 2.36 March 7 2.54 April 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 December 6 1.82 IFANNUALLY 77 32.30 1 (1) Mean number of days rainfall, 0.01"or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground)551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period. This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to cant'out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month,the contract period will be adjusted by Change Order. 2000 BUILDING&CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE AIR CONDITIONING MECHANIC $15.96 PLASTERER 13.29 AIR CONDITIONING MECHANIC HELPER 8.81 PLASTERER HELPER 8.63 ACOUSTIC CEILING INSTALLER 13.82 PLUMBER 16.26 ACOUSTIC CEILING INSTALLER HELPER 9.79 PLUMBER HELPER 9.39 BRICKLAYER/STONE MASON 13.25 REINFORCING STEEL SETTER 11.88 BRICKLAYER/STONE MASON HELPER 9.86 REINFORCING STEEL HELPER 9.18 CARPENTER 13.00 ROOFER 13.17 CARPENTER HELPER 9.34 ROOFER HELPER 7.82 CONCRETE FINISHER 12.00 SHEET METAL WORKER 15.87 CONCRETE FINISHER HELPER 9.44 SHEET METAL WORKER HELPER 9.29 CONCRETE FORM BUILDER 11.59 SHEETROCK HANUER 12.70 CONCRETE FORM BUILDER HELPER 8.87 SHEETROCK HANGER HELPER 9.71 DRYWALL TAPER 11.87 SPRINKLER SYSTEM INSTALLER 16.93 DRYWALL TAPER HELPER 8.25 SPRINKLER SYSTEM INSTALLER HELPER 7.81 ELECTRICIAN JOURNEYMAN 16.29 STEEL WORKER STRUCTURAL 14.66 ELECTRICIAN HELPER 10.20 STEEL WORKER STRUCTURAL HELPER 7.91 ELECTRONIC TECHNICIAN 12.86 WELDER 14.87 ELECTRONIC TECHNICIAN HELPER 12.67 WELDER HELPER 9.67 FLOOR LAYER(CARPET) 13.58 FLOOR LAYER(RESILIENT) 14.48 HEAVY EQUIPMENT OPERATORS FLOOR LAYER HELPER 8.56 GLAZIER 13.66 EQUIPMENT OPERATORS 14.66 GLAZIER HELPER 9.26 CONCRETE PUMP OPERATORS 13.30 INSULATOR 15.89 INSULATOR HELPER 9.46 CRANE,CLAMSHELL,BACKHOE, LABORER COMMON 7.82 DERRICK,D-LINE SHO 13.03 LABORER SKILLED 9.66 LATHER 15.80 FORKLIFT OPERATOR 10.34 LATHER HELPER 11.75 FOUNDATION DRILL OPERATOR 11.66 METAL BUILDING ASSEMBLER 13.34 FRONT END LOADER OPERATOR 11.60 METAL BUILDING ASSEMBLER HELPER 7.85 TRUCK DRIVER 9.80 PAINTER 11.93 PAINTER HELPER 8.30 PIPEFITTER 14.33 PIPEFITTER HELPER 10.93 FoF,TWOP,TH VNIN- -� 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$500 per offense. Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section L Purchasers: City of Fort Wort Street Address: 1000 Throckmorton City,State,Zip Code: Fort Worth Texas 76102 Signature claw. 6 Purchasing Manager Date: Phone: Fax: This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or "tax exempt"numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. FINANCE DEPARTMENT PURCHASING DIVISION THE Crrr OF FORT WORTH * 1000 THitommoitTom STa= * FoaT WoRm T6xAs 76102 (817) 871-8360 * FAx (817) 871-8440 8 Printed�neyetrd 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 201h day of June 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 Falkenberg Construction Company, Inc. of the City of Mesquite 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: ITS SPACE ALTERATION LOWER LEVEL, CITY HALL TPW2000-005 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 $75,522.52 and includes the base bid and No Alternates. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 60 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. .091 �r1C�C00 RD 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 201h day of June ,AD,20 00 . Contractor CJ By: APPRD: Name I� — /9:d26Z By: Office Assistant City Manager APPROVAL RECOMMENDED: RECORDED: 02azz�z� By: By: 1, _ Transportation and Public Works ity Secretary APPROVED AS TO FORM AND LEGALITY: 7— r/ — 67e7 Date By: / e — 1g6 '/ 7 A(ssistan Attorney Contract Authorization _ 6 - � Date C - 2 ■ �(-r"'rye ,C�ii�;� Z�`�V PMIT R`DANCE BOND THE STATE OF TEXAS BOND NO. 1720626 COUNTY OFTARRANT KNOW ALL MEN BY THESE PRESENT: That we (1) Falkenberg Construction Company,Inc. (2) Company of Texas hereinafter called Principal and (3) INDEPENDENCE CASUALTY s SURETY CALIFORNIA , 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 Five Thousand,Five Hundred Twenty Two Dollars and Fifty Two Cents $75,522.52 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 20th day of June .1 2000, a copy of which is hereto attached and made a part hereof, for the construction of: ITS SPACE ALTERATION LOWER LEVEL, CITY HALL TPW2000-005 designated as Project Number PI68/0047000 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, it' 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 lie shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration 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 20th day of June . 2000. incipal (4) ATTEST: (� By: ,� (Principal) Secretary Printed Name/Title) (SEAL) , 7 yd . ADDRESS Aesal-7Le. 7; 2,5 CITY/STATE/ZIP P_O_ BOX 85563 INDEPENDENCE CASUALTY & SURETY COMPANY (Address) (Surety) SAN DIEGO, CA 92186-5563 ATTEST: (Surety) Secretary f By: (Attorney-in-Fact) (5) (SEAL) STEVE RICKENBACHER (Printed Attorney-in-Fact) W' ess as to Surety VIRGINIA HOI14ES 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 Powder of Attorney shall be attached to bond by Attorney-in-Fact A:\4PERBOND.FRM PAYMENT BOND BOND NO. 1720626 g THE STATE OF TEXAS BOND NO. 141503264 COUNTY OF TARRANT KNOW ALL MEN BY THESES PRESENTS: That we, Falkenberg Construction Company, Inc. a corporation of Dallas County, Texas , hereinafter called Principal and (3) INDEPENDENCE CASUALTY & SURETY COMPANY CALIFORNIA , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon,the building or improvements hereinafter referred to in the penal sum of: Seventy Five Thousand,Five Hundred Twenty Two Dollars and Fifty Two Cents $75,522.52 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 20th day of June ,2000, a copy of which is hereto attached and made a part hereof,for the construction of: ` ITS SPACE ALTERATION LOWER LEVEL, CITY HALL TPW2000-005 designated as Project Number PI68/0047000 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. AA5PAYB0ND.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 20th day of June '2000. rincipal(4) ATTEST: ^� BY: �5 - x (Principal)Secretary on E1/rlC2 e (Printed Name/Title) ) (SEAL) 7�Sb m�v_jf 4!e//dd- ADDRESS CITY/STATE/ZIP P.O. BOZ 85563, SAN DIEGO, CA 92186 INDEPENDENCE CASUALTY 6 SURETY COMPANY (Address) (Surety) ATTEST: (Surety) Secretary By: (Attorney- n-Fact)(5) STEVE RICRENBACHER (Printed Attorney-in-Fact) P (SEAL VIRGINIA 6ij4E&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 A:15PAYBOND.FRM Independence Casualty and Surety Company HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INDEPENDENCE CASUALTY AND SURETY COMPANY,a Texas Corporation,does hereby appoint: STEVEN RICKENBACHER its true and lawful Attorney(s)-in-Fact with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: 'RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them,is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF,INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duly authorized officers this 22nd day of March 1999. r�o INDEPENDENCE CASUALTY AND SURETY COMPANY STATE OF CALIFORNIA SS. JohAHannu;m�, tiveVice President COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. 1 .1 afaul Janis Theodore CERTIFICATE: I,John H.Craig,Assistant Secretary of INDEPENDENCE CASUALTY AND SURETY COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF,I have subscribed my name as Assistant Secretary,on this 20TH day of Jr31iHi6 2000 Y ono J t o� INDEPENDENCE CASUAL TY ANg SURETY COMPANY r a e �g s ICS 37 0 'a , sistant retary ACQR©n, CERTIFICATE OF LIABILITY INSURANCE 07/GS/00 PRODUCER (214)691-5721 (214)691-4961 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K 4 S Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Southwest Assurance Group, Inc ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9400 N Central Expwy., 4950 Dallas, TX 75231-5044 INSURERS AFFORDING COVERAGE INSURED Fal kenberg Const. Co., Inc. INSURER A. Amerisure Insurance Company 4850 Samuell Blvd. INSURER B: Michigan Mutual Insurance Mesquite, TX 75149 INSURER C. INSURER Q INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE fMMMDNYI GENERALLIABILTTY PP1302539 09/19/1999 09/19/2000 EACHOCCURRENCE $ 1 000. COMMERCIAL GENERA X COMML LIABILITY FIRE DAMAGE(Any one fire) $ 300,00 CLAIMS MADE 0 OCCUR MED EXP(Any one person) $ 1Q 00 A PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2 000 00 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 1,0m,00 POLICY X E LOC AUTOMOBILE LIABILITY CA1302538 09/19/1999 09/19/2000 COMBINED SWGLE LIMIT X ANY AUTO (Em eccden* : IL,000,00 ALL OWNED AUTOS BODILY MIJURY : B SCHEDULED AUTOS I-P—) X HIRED AUTOS BODILY*WRY -e,�„1) i X NON-0VlNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY.EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG S EXCESS LIABILITY CU1302540 09/19/1999 09/19/2000 EACH OCCURRENCE i6,000, X OCCUR 0 CLAIMS MADE AGGREGATE $ 6,GOO, A $ DEDUCTIBLE $ X RETENTION S ILO'00 $ WORKERS COMPENSATION AND WC1302541 09/19/1999 09/19/2000 X TORY LIMBS I ER A EMPLOYERS'LIABILITY EL EACH ACCIDENT i 1 000 EL DISEASE-EA EMPLOYEE $ 1,000,00 EL DISEASE-POLICY UMIT $ 1 000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICJ-ESIEXCLUSIONS ADDED BY ENDOPSEMENTPECIAL PROVISIONS ro,ect: ITS Space Alteration, Lower Level , City Hall TPW2000-005 CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fort Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OOL90ATION OR LUMLTTY 1000 Throckmorton OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Ste hen Rickenbacher ELEN ACORD 26S(7/87) ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26-S(7/87) ACORD„ CERTIFICATE OF LIABILITY INSURANCE ° " 07/117/11/200200 0 PRODUCER (214)691-5721 FAX (214)691-4961 THIS CERTIFICATE Is ISSUED AS A MArMROF INFORMATION K & 5 Group, Inc. ONLY AND CONFER3 NO RKMTs UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Southwest Assurance Group, Inc ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9400 N Central Expwy., &950 Dallas, TX 75231-5044 WSURERS AFFORDING COVERAGE INOukm a kenberg Const. Co., Inc. INt3URERA, American National Fire Ins. Co 4850 Samuell Blvd. INSURER Ek Mesquite, TX 75149 INSURER *4URER Ix INSURER L COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NMIED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOLMIRENT,TERM OR CONDITION OF ANY COMPACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CFRTrr—ATE MAY BE ISSUED OR MAY PERTAIN,TH9 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LW4TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAW, I TYPE OF INSURANCE POLICY NUMBER F GT Lows GENERAL LIABILITY EACH OCCURRENCE S COMMIE RAL GENERAL LIAM" FIRE DAMAGE(Arty ens Ika) i CLAIMS MADE FI OCCUR MED W(MY arts pwam) i PERSONAL 6 AOV INJUkY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER! PRODUCTS-COMP/OP AGO ! POLk.-T UM LOC AUTOMOBILE LMABIUTY COMBINEDSINGLE UMIT ANY AUTO ALL OWNS]AUTOS BODILY WUFIY S SCHEDULED AUTOS (Psr pslsen) WREDAUTOS LYS ! MOIN-01M+6D AV'►'08 PROPERTYOAMAGE (Pa<sCGWes4 ! GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACO S AUTO ONLY: AGO ! EXCESS LIABNJTY EACH OCCURRENCE S O=N CLAIMS MADE AGGREGATE ! S ' DEDUCTIBLE $ RETENTION s VWQ5TATUs 1011-1- VMKM eaePENSAnoN AND TORY LIhUT ER EMPLOYERS Luenm EL�EACH ACCIDENT a EL.DISEASE-EA 8 ELDISEADe-POLICY LJWT I i r7isk ers Risk - All 1321072 07/12/2000 10/12/2000 $75,523.00 Lieut A $1,000 deductible DESCRIPTION eFT�L , Fac PW00SENDORseMTxr►8PEc1aLPRovISIONB Space! Lower C_ Hall T000 CERTIFICATE HOLDER X I ADDITIONAL INSURED:INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE bESCRIBED POLICES W cAMCELLED BEFORE Tmq LQnRATM DATE THMM,THE UMNO CVMPAMY WILL ON ZAV04 To SML 30 DAYS WRI TBM N MVE To THE C11IMMATE HOLDER MUM TO THE LM. y City of Fort Worth BUT FALLIkE TO MNL SUCH NOTICE"HILL PAPOSE No DOLIDATION OR LIABILITY 1000 Th rockmorton of ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVIM Fort Worth, TX 76102 AUTHORIZEDREPaIRIMrATIVE ' Stephen Rickenbacher ELEN ACORD 26S(7197) 4DACORD CORPORATION 1888 I91•-d eO/ZO°d 1.O I-1 1981•1891•lZ+ nunssV iswinos-NDjd mdVS:EO 00-11-Inr IMPORTANT if the certificate holder is an ADDITIONAL INSURED,the policyoss)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmativety or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 2"(7/97) 19-d 60t60'd p01-1 196Y1691•lZ+ 30NYNnSSV 1S3MH1n0S-W0J:1 Wdgg:60 00-11-Inr CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Falkenberg Construction Company, Inc. certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project ITS Space Alteration — Lower Level, City Hall — TPW2000-005 project number, PI68/0047000. 1� By: C5elt Title 71�lo/ivao Date STATE OF TEXAS 3 COUNTY OF �T 3 BEFORE ME, the undersigned authority, on this day personally appeared �/►�, f m y , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of ��� l."�G�eh�er� �drlS��ucdti D for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4!�� day of 20( -05 z y Notary Public in and for the State of Texas �TFCF�y•�. a %��� W (a) Contractdtr� �eazide to the City a certificate showing that it has obtained a policy ingpnuu 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. AA3W0RKC0M.FRM City of Fort Worth, Texas qV011joir And Coming"*[ Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/20/00 **C-18079 1 20FALKENBERG 2 of 2 SUBJECT AWARD CONSTRUCTION CONTRACT TO FALKENBERG CONSTRUCTION CO., INC. FOR THE RENOVATION OF OFFICES IN THE LOWER LEVEL OF CITY HALL The project will have minimal operational impact on the General Fund budget. The Fort Worth City Hall is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Information Services Fund. MG:I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: JUN 20 2000 Hugo Malanga 7801 (from) PI68 536010 0047000 $75,522.52 Additional Information Contact: . l7tti�•a/ city ofForth„7b:aa Hugo,Malanga 7801 City of Fort Worth, Texas 4VIII)OW And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/20/00 **018079 1 20FALKENBERG 1 of 2 SUBJECT AWARD CONSTRUCTION CONTRACT TO FALKENBERG CONSTRUCTION CO., INC. FOR THE RENOVATION OF OFFICES IN THE LOWER LEVEL OF CITY HALL RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with Falkenberg Construction Co., Inc. for the renovation of offices in the Lower Level of City Hall for u $75,522.52 with a duration of 60 calendar days. DISCUSSION: FRS Architects prepared the design under the Annual Architectural Services Agreement. The Project consists of reconfiguring office space, modifying associated electrical and air-conditioning and heating distribution systems, and converting a secure storage area into general office space The project was advertised in the Fort Worth Commercial Recorder on April 6 and 13, 2000. On May 4, 2000 the following bids were received: BIDDER BASE BID CALENDAR DAYS Triple R. General Contractors, Inc. $58,754.00 45 Falkenberg Construction Co., Inc. $75,522.52 60 ' Imperial Construction, Inc. $79,500.00 50 Tom S. Stephens Inc., of Fort Worth $80,000.00 105 t Woodrose Company, Inc. $96,664.00 45 Joe R. Jones Construction, Inc. $98,874.00 75 Triple R. General Contractors was non-responsive as it failed to submit M/WBE documentation by the required date. Falkenberg Construction Co., Inc. is in compliance with the City's M/WBE Ordinance by committing to 42% M/WBE participation. The City's goal on this project is 18%. The Project Budget is as follows: Design and Construction Services $12,000 Management and Inspection $ 5,000 Construction Contract $75,523 Change Order Contingencies $ 6.000 Total $98,523