HomeMy WebLinkAboutContract 26533 • A THIS COPY FOIA"
FITY SECRETARY
ONTRACT No. ��c011
The City of Fort Worth, Texas COWR,cTOa'SBONDING�C4
Cm SECRETARY
_._.CR MRNAGER'S OFFICE
Eugene McCray Community Center
TPW 99-003 ENGINEERING DIY.
4932 WILBARGER ----TA-FIUCOPY
Fort Worth, Texas
September 27, 2000
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Kenneth Barr Bob Terrell
Mayor City Manager
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Hugo Malan a P.E.
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TRANSPORTATION AND PUBLIC WORKS
Richard Zavala
DIRECTOR, PARKS AND COMMUNITY SERVICES
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tructural Consultant Architect M/E/P tant
R. L. Woods & Assoc., Inc. Quorum Architects, Inc. Wendy Lopez c.,
101 E. Randol Mill, Suite 201 707 W. Vickery Blvd. Suite 101 1825 Market Cen U. i
Arlington, Texas 76011 Fort Worth, Texas 76104 Dallas, Texas 75
(817) 738-8095
City of Fort Worth, Texas
"ayor and council communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/19/00 C-18402 20MCCRAY 1 of 3
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO NUE TECH BUILDERS, INC. FOR THE
CONSTRUCTION OF THE EUGENE MCCRAY COMMUNITY CENTER
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Nue
Tech Builders, Inc. in the amount of$1,166,282 for construction of the Eugene McCray Community Center.
DISCUSSION:
F The 1998 Capital Improvement Program allocated $1,495,724 for the design and construction of a new
community center in southeast Fort Worth. The proposed facility will serve a number of neighborhoods
and will provide a variety of indoor recreation and community service programs and opportunities. The
facility will house a gymnasium, activity areas, meeting rooms, parking area and landscaping.
On October 12, 1999 (M&C L-12631), the City Council authorized the purchase of three acres of vacant
land on the southwest corner of Wilbarger Street and Village Creek Road as the location for the
proposed community center development in the amount of $62,000 including closing costs. On
October 19, 1999 (M&C C-17695), the City Council authorized an agreement with Quorum Architect,
Inc. in the amount of$142,780 for the design of the proposed facility.
On December 9, 1999 and January 6, 2000, public meetings were held to receive public input for the
design and programming of the facility. A final public meeting was held on August 10, 2000, for the
purpose of informing the general public of plan revisions and for input regarding facility color selection
and finishes for the proposed facility.
Construction plans and specifications were completed and the project was advertised for bid on
September 28 and October 5, 2000. On October 26, 2000, the following bids were received as shown
on the attached bid tabulation sheet.
Base bid work will consist of the construction of a 10,256 square foot community center to include a
gymnasium, two multi-purpose rooms, an exercise room, a parking area and landscape/irrigation. The
bid alternates are:
Alternate 1 517 square foot expansion to the proposed gymnasium $20,578
Alternate 2 360 square foot expansion to the proposed multi-purpose room $14,840
Alternate 3 Install entry canopy $18,464
Alternate 4 Install thin set terrazzo in lieu of ceramic tile $22,500
F Alternate 5A Add 119 capacity metal bleachers in the gymnasium under base bid $ 9,700
without Alternate 1
Alternate 5B Add 144 capacity metal bleachers in the gymnasium under base bid $31,733
with Alternate 1
Alternate 6 Add retractable gym curtain $20,000
Alternate 7 Add four each, swing, down type basketball back stops $ 3,000
Alternate 8 Add gymnasium scoreboard $ 3,886
Alternate 9 Add PA system $ 2,854
City of Fort Worth, Texas
"Agar And Coun"'I Communieniflon
DATE REFERENCE NUMBER I LOG NAME PAGE
12/19/00 C-18402 20MCCRAY 2 of 3
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO NUE TECH BUILDERS, INC. FOR THE
CONSTRUCTION OF THE EUGENE MCCRAY COMMUNITY CENTER
It is recommended that the base bid amount of $1,109,400 and the recommended bid alternates 1, 2, 3
and 7 in the amount of $56,882, totaling $1,166,282 using City Wage Rates as submitted by Nue Tech
Builders, Inc., be approved for award of contract. Contract time is 300 calendar days. With the
recommended alternates, the building construction will encompass a total of 11,133 square feet.
Nue Tech Builders, Inc. is in compliance with the City's M/WBE Ordinance by committing 41% M/WBE
participation.. The City's goal on this project is 35%.
The construction budget will be as follows:
Construction Contract $1,166,282
• Construction Contingencies (9%) $ 106,014
(Transportation and Public Works Inspection -Administration/
Parks and Community Services Administration/Change Order)
• Project Overhead - Utility Connections 22,660
Total $1,294,956
The following provides the entire project budget, appropriations and expenditures to date, proposed
construction and estimated shortfall.
Total appropriation to date $1,495,724
Expenditures to date:
• Site purchase/closing cost $ 62,000
• Design Services (consultants) $ 142,780
• Administration service (Transportation and Public Works and $ 15,028
Parks and Community Services)
Available prior to award of contract: $1,275,916
Total project construction costs $1,294,956
Project funding shortfall $ 19,040
The project shortfall will be funded from anticipated savings in the Parks and Community Services
Department's General Fund budget.
This project will have an operational impact on the General Fund budget of $146,365 annually.
This project is located in COUNCIL DISTRICT 5.
City of Fort Worth, Texas
"noor 11064 coun"'I Communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/19/00 C-18402 20MCCRAY 3 of 3
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO NUE TECH BUILDERS, INC. FOR THE
CONSTRUCTION OF THE EUGENE MCCRAY COMMUNITY CENTER
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current budget, as appropriated, of the
Parks and Community Services Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Mike Groomer 6140 CITY CC", 1NCIL
Originating Department Head:
DEC 19 2000
Hugo Malanga 7801 (from)
C181 541200 080181045020 $1,166,282.00
Additional Information Contact:
City Secretary of
City of Fors 4 on.h.,wx.
Hugo Malanga 7801
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CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
MCCRAY COMMUNITY CENTER
Bid Opening Date: October 26, 2000 (NO CHANGE)
The Contract Documents and Specifications for the above referenced project are
hereby revised as shown in the attached Memo from Quorum Architects.
Memo, Addendum 1, October 20, 2000
Sheet SK-1 through SK-5
General Decision Number TX000061
Section 01411, Soil Borings
Acknowlecrge the receipt of this addendum on your Proposal.
H. A. MALANGA, P.E.
DIRECTOR OF TRANSPORTATION AND PUBLIC
WORKS
By: Nancy Richardson, R.A.LArchitectural Services
817-871-8014, Fax 871-8488
RELEASE DATE: October 20, 2000
Addendum 1 Page 1 of 23
REQ AR
DA'C'E: October 20,2000
TO: All Prospective Bidders i 4
SUBJECT: Proposal for Eugene McCray Community Center a :'
City of Fort Worth
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TPW 99-003
Quorum Architects,Inc. Project#99110
ADDENDUM NO. 1
I
I Please reference your contract documents and proposal to accommodate the following changes. These
revisions or clarifications are hereby made to the original bid documents dated 9/27/00,and therefore
included as such. Please indicate receipt of Addendum No. 1 on the bid form.
NOTICE TO CONTRACTORS
Item No. 1 SPECIFICATION—SECTION—07610
Part 2—Products,2.02 MATERIALS- Item A. Panels: Modify to read as follows: "Curved Roof Panel".
MBCI,"CraBtman" SB 16.5,24 ga.curved roof panels with SB metal battens. Provide"Signature 300"
color finish. Roof panels will be installed over a MBCI type"U"structural support deck. Ref.attached
drawing Sk-1 thru SK-5 for structural roof construction modification.
Item No.2 Drawings,sheet A1.10,Add the following note to the drop off ramp that is centered under the
North end of the front entrance Canopy,Alternate No.3. "Provide texture and markings as required by
code for the sloped drop off access".
1
Item No. 3 Specifications. Geotechnical logs. (ref.City of Fort Worth). Enclosed.
Item No.4 Drawings sheet A2.01,STORAGE 113. Add the following to this space: Furnished and install
a 3'x3'xl/2"sheet of plywood on the N.wall with the bottom of the sheet at 6A.F.F.,Center on wall.
Allocate space on the back(E.wall)for a 2'x2'x2'tel.communications rack that will be furnished and
installed by others. Bottom of rack will be installed at 84"above finish floor.,on this same wall the G.C.
F shall furnish and install 1-20A, 120 v.dedicated power outlet and one telephone jack. Outlet and jack shall
be installed at 80"above finish floor.
Item No. 5 Drawing sheet C3.00.UTILITY PLAN,Utility work clarification:
Water Service: The City will furnish and install the 2"water meter and all related piping,
connections and tap out to the existing water main in the street. The G.C.shall install the
irrigation meter to a"T"connection installed by the City in the main line just ahead of the 2"
meter. The evcavating,back fill and finished repavement work will be by the City. Also of the 2''
P.V.C. noted from the meter to the building shall be changed to a 2"copper. Ref.the plumbing
spec. for type and installation.
Sewer Service: The City will furnish and install the sewer connections at the existing man hole in
the street and install a 4"s.s. line back to the property line. The G.C.shall furnish and install all
materials from the property line back to the building. The evacuation,back filling and repavement
work outside of the property will be by the City.
Item No.6 Drawings sheet P2.01,FLOOR PLAN,UNDERFLOOR PLUMBING,JANITOR 108 provide
a 4"wall clean out in the West wall to give access to the 4"s.s.that runs N.W.from the restroom sanitary
sewer system.
item No. 7 Drawings,sheet M2.01,KEYED NOTES: No. 1 Modify unit as follows: Provide wall
ADDENDUM 1 PAGE 2 OF 23
mounted switch for the vent hood per TAS accessibility codes for side reach controls mounted at 42"above
finish floor. Provide switch in circuit P=19 to control the circuit for the vent hood.Delete reference to
EF-2".
Item No. 8 Drawings sheet A8.03, ROOM FINISH SCHEDULE,Rm.No. 113 Clarification,Ref.A8.01
ELEVATION—S for"K-V"hardware and brackets only. Also provide two W wood shelves in lieu of the
one as noted. Shelves will be 46"d.x N.-S.width of room mounted at 24"and 48"A.F.F.
Item No.9 Drawings sheet A2.01 FLOOR PLAN,Modify the note at the Bleacher area to read, "Allocate
space for four wheel chairs per TAS standards adjust total seating number as required".
Item No. 10 Drawings,sheet A3.01 EXTERIOR CONCRETE TEXTURE SCHEDULE,NOTES: Add
note No.4. The vert.rib pattern at texture—A shall extend out past the face of the tilt wall panel.
QED ARS
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ADDENDUM 1 PAGE 3 OF 23
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STRUCTURAL ENGINEERS SHE
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STRUCTURAL ENGINEERS SHEET #
77 Texas
(817)517) 277-6656 REVISION TO SHT. S3.02 SK-4
M. METAL ROOF DECK
1. PROVIDE 1-1/2' METAL DECKING 22 GAGE, TYPE 'BK ROOF DECK, OVER THE GYMNASIUM. PROVIDE
1-1/2' METAL DECKING 22 GAGE. Sx - 0.12 IN"3, Ix - 0.12 IN^4, TYPE 'F' ROOF DECK
AT ALL OTHER BUILDING LOCATIONS. METAL DECK AT CANOPY SHALL BE 20' - 21', 26 GAGE 'U' PANELS.
2. PROVIDE POSITIVE ATTACHMENT TO FRAMING MEMBERS WITH EITHER 5/8' DIAMETER PUDDLE WEIRS AT THE
LAP FLUTES AND 12' ON CENTER BETWEEN LAP FLUTES OR POWDER ACTUATED NAILS AT THE SAME SPACING.
3. SIDE LAP CONNECTIONS FOR THE DECK OVER THE BUILDING SHALL BE 110 TEK SCREWS, PLACED AT THE QUARTER
POINTS BETWEEN THE SUPPORTS. SIDE LAP CONNECTIONS FOR THE DECK OVER THE CANOPY SHALL BE
#12-14 x 7/8' SPACED AT 20 INCHES.
4.
PERIMETER OF STRUCTURE, PROMDE WELDS IN EACH FLUTE TO STRUCTURAL
MEMBERS. ROOF DECK SHALL BE CONTINUOUS OVER A MINIMUM OF 3 SPANS.
5. AT PERIMETERS OF DECK SECURE DEC( TO STRUCTURAL MEMBERS WITH SAME
ATTACHMW AND SPACING AS SIDE LAP CONNECTIONS OR PUDDLE WELDS AS NOTED ABOVE
6. SUSPENDED CEILING, LIGHT FIXTURES, DUCTS OR OTHER UTILITIES SHALL NOT BE
SUPPORTED BY THE STEEL DECK.
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. EUGENE McCRAY DATE: t,a/1g/�
& Associates COMMUNITY CENTER
STRUCTURAL ENGINEERS SHEET
AfIi2- —668606 REVISION TO SHT. S1 .01 SK-5
(817)) 277
General Decision Number TX000061
Superseded General Decision No. TX990061 .
State: TEXAS
Construction Type:
BUILDING
County(ies) :
JOHNSON PARKER TARRANT
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories) . Use current
heavy and highway General Wage Determination for Paving
Incidental to Building Construction in Tarrant County and for
Paving and Utilities incidental to Building Construction in
remaining Counties.)
Modification Number Publication Date
0 02/11/2000
1 02/18/2000
2 03/17/2000
3 06/02/2000
4 06/30/2000
5 09/01/2000
Addendum 1 Page 9 of 23
COUNTY(ies) :
JOHNSON PARKER TARRANT
BRTX0001G 11/01/1999
Rates Fringes
Bricklayers 16.05 3 .05
----------------------------------------------------------------
CARP1421A 05/01/1995
Rates Fringes
MILLWRIGHTS 16.49 3.92
----------------------------------------------------------------
ELECO020D 06/01/2000
Rates Fringes
ELECTRICIANS 19.55 2 .20 1/4%
CABLE SPLICERS 21.51 2 .20 1/4%
----------------------------------------------------------------
IRON026-tB 06/01/2000
Rates Fringes
IRONWORKERS (Structural) 16.60 4.05
----------------------------------------------------------------
SFTX0669A 01/01/2000
Rates Fringes
SPRINKLER FITTERS 20.62 5.95
----------------------------------------------------------------
SUTX1073A 11/01/1989
Rates Fringes
ACOUSTICAL INSTALLERS 11.23
CARPENTERS (Excluding drywall
hangers, acoustical installers &
batt insulators) 12.27 2 .22
Carpenters doing drywall hanging
only 10.00
CEMENT MASONS 10.16 .76
DRYWALL FINISHERS 11.18 2.21
GLAZIERS 11.37 1.31
LABORERS (Including Mason
Tenders & Pipelayers) 7.46 1.00
LANDSCAPE LABORERS 5.15
Addendum 1 Page 10 of 23
MECHANICAL INSULATORS 10.92 1.00
PAINTERS, BRUSH & SPRAY
(excluding Drywall Finishing) 10.47 2.21
PLASTERERS 11.50
PLUMBERS & PIPEFITTERS (Including
HVAC work) 13.34 2.15
POWER EQUIPMENT OPERATORS:
Backhoes 12.30 1.82
Cranes 14.26 2.44
Foundation Drill Operators 8.54
Graders 11.69 1.80
ROOFERS 9.50 .99
SHEET METAL WORKERS (iNCLUDING
HVAC Duct Work) 12.63 2.10
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
----------------------------------------------------------------
WELDERS --Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (v) ) .
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
4
Addendum 1 Page 11 of 23
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
Addendum 1 Page 12 of 23
END OF GENERAL DECISION
ti
Addendum 1 Page 13 of 23
Oct 17 00 10:34a TPW 817-871-8488 P. 1
JOB NO.99110 Section 01411
SOIL BORINGS
Page 1 of t
1. General
1.1. Section Includes
1.1.1.So8 boring Logs
1.2. Related Sections
1.3. Reference Standards
1.4. Submittals
1.5. Project Conditions
2. Products
2.1. Soil Boring Logs are supplied by the Owner to assist the Contractor in bidding and
construction.
2.2. Neither the Owner nor the Architect assumes any responsibility for the accuracy or
completeness of the Information portrayed in the Logs.
2.3. Bidders may coordinate with the Owner to access the site to obtain additional
subsurface information.
ATTACHMENTS:
Plates A.1 through A.9
t
Addendum 1 Page 14 of 23
Oct 17 00 10:34a TPW 817-971-8488 P.2
VILLAGE CREEK.
1
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EUGENE MCCRAY COMMUNITY CENTER-FORT WORTH,TEXAS PLAN OF BORINGS
00-30021 PLATE A.1
Addendum 1 Page 15 of 23
Oct 17 00 10:35a TPW
817-871-8488 P.3
Major Divisions Sym. Typical Namaa Laboratory Classification Criteria
Wed-graded gravels,gravel-
e m
GW sand mixtures,tilde or no
3 C,•=asaw ft"4. Ca* (Da betwom 1 snd 3
g Anes �w DwsOw
a c g.U=
.w, m Poorty graded gravels,gravel h H
m ri GA sand mixtures,diva or no y N Not meeting all gradation requirements for GW
N 9 m
tinea
$ 3 e GM Silty gravels,gravel-sand-sOt n Liquid and Plastic limits
} A
below •fine or P.I.
E E plotting In hatched zone Liquid and plastic limits
d w mixtures m.
E o rr 2 j ; greater than 4
` �e ;� between 4 and 7 are
^c° o u' o N i r 9Uquid and Plastic limits borderline pees
Clayey gravels,gravel-sand- n requiring
GC r q ring use o(dual
v t, day mixtures c m above'A'fin0 with P.J. symbols
Em `m E i : greater than 7
e s
E°f 7�
'
91� g
L". mq A N SW Welt graded sands,gravely S Do Mix
yQ qFC E cq�ee sands,little or no Anes i C:pia 9"0w dune: Ca.o s o between 1 and 7
tJ a , N C C y M W
C O
.rN o u Poorly graded sands;
mm m U S SP gravelly sands,little or no g Not meeting all gradation requirements for SW
t c fines
• htf o
of
S m as
SM �ofm
eg a w Z Liquid and Plastic limits
C m E Silty sands,sand-silt mixtures #& N below•A•One OCP-1-1033 Liquid and plastic imus
C e o 8 0 '� —° than 4 plotting between 4 and 7
M" are borderline cases
F
m SC Clayey sandefli,sand�ttay Liquid and Plastic Whits requiring use o(dval en$ mixtures above A7 One with P.1. 'symbois
greater than 7
Inorganic silts and very Me
o ML sands,rock flour,silty or
h clayey fine sands,or clayey
L slits with slight plastidty
ac
w inorganic days of low to
ED
CL medium plasticity,gravelly
g „E clays,sandy days,silty days,
N
c and lean days
N b
� Q CH
rZ OL Organic silts and organlc silty i
— days of low plasticity
o g
E
w Inorganic silts,micaceous or �
n MH diatomaceous fine sandy or A
A salty ss,elastic silts off•
oftdµH
'Q CL
c CInorganic clays of high
CH plasticity,ht days fo
4 MLa dOL
4 Organic days of medium to a
OH 0 to go 70 40 so 60 70 00 90 100
g high plasticity,organic sots
llqutC urnit
Y
rn m o Pt Peet and other h19Ny organic Plasticity Chart
_ a sons
UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.2
Addendum 1 Rage 16 of 23
Oct 17 00 10:35a TPW
817-871-8488 p,4
SOIL OR ROCK TYPES
GRAVEL LEAN CLAY LIMESTONE
y
:.•SAND • .SANDY SHALE,
SILT SILTY SANDSTONE
HIGHLY CLAYEY CONGLOMERATE all Auger Split Rock Cone No
PLASTIC CLAY -4Z Tube Spoon Core Pen Recovery
TERMS DESCRIBING CONSISTENCY,CONDITION,AND STRUCTURE OF SOIL
(Fine Grained SOBS(More than 50%Peastng No.200 sieve)
Descriptive Item Penetrometer Reading,(tsf)
Son 0.0 to 1.0
Firm 1.0 to 1.5
I Stiff 1.5 to 3.0
Very Stift 3.0 to 4.5
Hard 4.5+
Coarse Grained SOilS(Afore than 50%RoWned on No.200 Sieve)
Penetration Resistance Descriptive Item Relative Density
I (blows/toot)
0 to 4 Very Loose O to 2O%
4 to 10 Loose 20 to 40%
10 to 30 Medium Dense 40 to 70%
30 to 50 Dense 701o90%
Over 50 Very Dense 90 to 100%
Soil Structure
Calearecus Contains appreciable deposits of calcium carbonate; generally nodular
ISlickensided Having inclined planes of weakness that are slick and glossy in appearance
Laminated Composed of thin layers of varying color or texture
Fissured Containing cracks,sometimes filled with One sand or silt
- linterbedded Composed of alternate layers of different sol types,usually in approximately equal proportions
TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK
Hardness and Degree of Cementation
Very Soft or Plastic Can be remolded in hand; corresponds In consistency up to very stiff in soils
(Soft Can be scratched with fingernail
Moderately Hard Can be scratched easily with knife; cannot be scratched with fingernail
Hard Difficult to scratch with knife
1Very Hard Cannot be scratched with knife
Poorly Cemented or Friable Easily crumbled
Cemented Bound together by chemically precipitated material; Quartz,calcite,dolomite,siderite,
and iron oxide are common cementing materials.
Degree of Weathering l
Unweathered Rock in its natural state before being exposed to atmospheric agents
'Slightly Weathered Noted predominantly by color change with no disintegrated zones
Weathered Complete color change with zones of slightly decomposed rock
Extremely Weathered Complete color change with consistency,texture,and general appearance approaching soil
KEY TO CLASSIFICATION AND SYMBOLS PLATE A.3
Addendum 1 Page 17 of 23
Oct 17 00 10:35a TPW
t 817-871-8488 P•5
areBr.Qlaaars
ProjestYo. BonnB No. Project Eugene blcCray Community Center ®asm�ot
00-30021 B-1 Fort Worth,Texas
Location Water obsenilioas
See Plate A.I. Dry at completion
Gmvktiat Camplation
Depth S.d' Dote 2-16-00
Surfa"Elevation Type-
Auger
� e
Z tt �.rc a5�
" ^ Stratum Description u
cd d .§$uS E E
,f c c n,E= stn a3 EM r— 21 nu s
dark brown.dark mdduh own, 4. • 14 11 t
and drown.Worsaaia,iron naduW and some Brant, 4.. l
dud
-BnutinB to brcwrlsh tan.w/abuadaat iroaanina And 4.5+ 2
whrKI of organics 4.5i !0
s d -Brading to moaled reddish btawn,tan,and Gqh[�roy 4.5+ 1 lu I Ii
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11
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LOGOFBORINGNO. B-] Plate A.4
Addendum 1 Page 18 of 23
Oct 17 00 10:35a )TPU 817-871-8488
P.6
PmjmtNoP Boris No. t
t � Lugene hltCray Community Center o+rtsa
00-30021 B-2 Fort Worth,Tc:as
Location WSW Ohsomtions
See Plate A.1 Dry at completion
Completion Completion
Depth 30.0' Date 2_17_00
Serf e.Elrnti_ Tyye
Auger
Stratum Description ,_ �I° MSF
U.
CLAY EY I&EI •brown ana Sro..n,vJoegaares 4.0 1 I
.nd tome silt wry stiff
mane re du roan,bro.a.and 4.5+ I 3 4 t
tan, ,ron
0-..d tame gtaveL hard
7
4.3- 1 1
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s,��
nod a.od dcpotit;hard 1
• i raetwru,tervt ddnyhand tan.
15 4 l l ! 3
2 4.3� l l
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21 —— SN.4 `ray 100/1-'I
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N v gray,wit=.%of shale tenses
ti I
30 —•
- - - — _ — - _ - - - _ — 0M.
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gLOG OF BORING NO. B-2 Plate A.5
Addendum 1 Page 19 of 23
A
Oct 17 00 10:36a TPW 817-871-8488
p.7
i
ProjaetNo. I UrinBNo. Project Eugene bleCray Community Center " moi-rte j
00.30021 B-3 Fort Worth,Texas
location Water 9bxrvsbons
See Plate A.1 Dry at completion
Completion Completion
Dapth 30,0' Date 2-17-00 '
Surface Elevation Type
AU er
e
MC
€ E
A z _ tR 3 y.w
7 Stratum Description a +r cc �' —�`_°� cu E'
�
C, air � �� g
G a E=EF G0: .:-7 —03 2-116 C2
.\N brown an k brown,wltron l8 13 i
aodulm and Q....very 36E
-8radin8 to dark reddish brawn.Witan depasin,hud
I
e.. Sark reddish brown and brawn.wlsonse won
nadutw,trace of arS.nirs sad aa4 hard 1 I I
I
SANDN SHALYa rown and tan I I I I I I
I I I 1 I
morded tan.fray,and dark brs.cn, 41 �• f f I 24! 1031 5120
� w/iromains,hard I I 1
-yada8 to tannish brown
1S 4.i+ 1 f
-grading to Sray and ofive browm.s1•rckenaided
20 4. + t 1101 8100
- -wit8oy abate leases,2T to 2T I I
23 &LALE darl:jmy 1 I I
S.Y.whom.shale lenses f .
I I 1
100/1.'1 1I 12 1
P.
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LOG OFBOP INGNo. B-3 Plate A.6
Addendum 1 Page 20 of 23
Oct 17 00 30:38a TPW 817-871-8488
P.8
Project No. Bating No. Project Eugene McCray Community Center r°'�•o aw=-s
00.30021 B-4 FortWorth,Tcxas
Location Water Obsem-ations
See Plate A.1 Dry at completion
Complctiva Completion
Dcpt 30.0' Dun 2-17-00
Surface Elevation Type
Auger
— e
ee 3 ~
y Stratum Descriptions
G�
r`3 O eJ Z IN t1—°E 1. a eJ5 a
:2:3E::3E—
Y S du•brown and bto,,n. 4.0 I I1 1011
w'orgavres,KsY stiQ
a mov ed brown end reddish brown• 4. •
w von rtolules,hard I I
S -lradio{to$my wlron stains I t
I
lUU C,.XY.brown.un.and;ray.acn'st, l I I I
I i I 1 I
10 I I
4.3 I 1 69 44! 41 9SI �
I i
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is I
-gmdutg to light alive brown and light gay, t 121 101001
rnnsWRL hard
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30 t I l
-gradin`to tan.siiekensided 4.5. t t8 I no 1 104001
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23 =123' I 1 t 131 f
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LOG OF BORING NO. B-4 Plate A.7 I
Addendum 1 Page 21 of 23
Oet.) 17 00 10:36a TPW
817-871-8488 p.8
ttonE;.q•rtr,l
Project No. Barin;No. Project Eugene WIcCray Community Center �eareu
00-30021 $-5 Fort Worth,Teas
Location Water Observations i
See Plate A.1 Dry at completion
Completion Completion
Depth5.0' D'aw 2.16-00.
SurfaceEjevarma Type
Auger
w � g
ti e o a wt
ti ti Stratum Description Vt z� _le „ nu -s
cVi O eri G ' E-E Yds 1w'�' 2 M Ee
Fzr �3Ir,3
kNO ark bro-n and brown, J. + LO I
War anres,bard J. . 19
rowna town, iron 1�
rwdulca and some. town hsrd
car•e,ve rowe 4.3. 10
and brown,w Iron nodules sad organics,bard
.. s -grading to duL brown,wlsaleamous nodules—
\-w/some calcareous deposits
I
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4 LOG OF BORING NO. B-S Plate A.8
Addendum 1 Page 22 of 23
Oct 17 00 1O:37a TPW
817-871-8488 P. 10
FREE SWELL TEST RESULTS
Free Swell tests performed at approximate overburden pressure'
Baring Depth Sample Liquid Plastic Plasticity Moisture Percent
No. Interval Description Limit Limit Index Content Swell
(ft.) LL(%I PL I%) PL 1%1 (%)
Initial Final
B-2 2-4 Sandy Clay 62 20 32 13.6 22.9 4.3
B-4 10-11 Shaly Clay 1 69 25 44 24.0 29.3 3.4
_ t
PLATE A.9
Addendum 1 Page 23 of 23
NOTICE TO BIDDERS
Sealed bids construction the McCRAY COMMUNITY CENTER, Project TPW99-003, 4932 Wilbarger, Fort
Worth, MAPSCO 93B, will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton,
Fort Worth, 76107, until 1:30 P.M., Thursday, October 26,2000, and will be opened and publicly read
aloud approximately thirty minutes later in the Council Chambers.
A Pre-Bid Conference will be held at 10:00 AM,Tuesday, October 10, 2000, at the Building Services
Conference Room, 3409 Harley Avenue.
The Project consists of construction of a 10,258 SF Community Center including a gymnasium, two
activity rooms, locker rooms, and offices. The structure will be tilt wall panels on suspended concrete slab
with a flat roof.
The MWBE Goal for this project is 35%. Contact the MWBE office (871-6104)to obtain lists of certified
subcontractors and suppliers.
Contractors will be required to post Payment and Performance Bonds and provide Contractors General
Liability and Statutory Workers Compensation Coverage.
Any Contract awarded under this Notice to Bidders may be partly funded under a grant from the
Department of Housing and Urban Development. Neither the Government of the United States nor any of
it's departments, agencies or employees is or will be a party to this Notice to Bidders or any resulting
contract.
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 Quorum Architect, Inc., Harold Recer, 738-8095x213
Advertisement: September 28, 2000
r October 5, 2000
TABLE OF CONTENTS
NOTICE TO BIDDERS
TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS
SPECIAL INSTRUCTIONS FOR BIDDERS(M/WBE)
PROPOSAL
CERTIFICATIONS, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BLOCK GRANTS
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
WEATHER TABLE
TEXAS CERTIFICATE OF EXEMPTION (SAMPLE)
PROJECT DESIGNATION SIGN (CITY)
CITY WAGE RATES
HUD WAGE RATES
FEDERAL GUIDELINES FOR CDBG PROJECTS
SECTION 01300: SUBMITTALS
SECTION 01600: SUBSTITUTIONS
TECHNICAL SPECIFICATIONS: SEE FOLLOWING
CONSTRUCTION CONTRACT
PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE
CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW
Table of Contents Page 1
PROJECT MANUAL
EUGENE McCRAY COMMUNITY CENTER
FORT WORTH, TEXAS ado U.
^�.O
JOB NO. 99110 �S�6►m�1�` . Q'��
TABLE OF CONTENTS
DIVISION 2—SITE WORK
02120 DEMOLITION AND CLEARING
02150 SHORING AND BRACING
02200 EARTHWORK
02221 TRENCHING
02282 TERMITE CONTROL
02310 SITE WORK EROSION AND SPOIL DISPOSAL
02372 DRILLED PIERS
02512 ASPHALT PAVING AND SURFACING
02580 PAVEMENT MARKINGS
02810 IRRIGATION SYSTEM
02846 HANDICAPPED PARKING SIGNS
02850 CONCRETE SPLASH BLOCKS
02900 PLANTING
DIVISION 3—CONCRETE
03100 CONCRETE FORMWORK -
03200 CONCRETE REINFORCEMENT
03300 CAST-IN-PLACE CONCRETE
03470 TILT-UP PRECAST CONCRETE
DIVISION 4—MASONRY
04100 MORTAR AND GROUT
04220 CONCRETE MASONRY UNITS
04270 GLASS UNIT MASONRY
DIVISION 5—METALS
05120 STRUCTURAL STEEL
05210 STEEL JOISTS
05311 STEEL FLOOR DECKING •
05312 STEEL ROOF DECKING
05500 MISCELLANEOUS METALS
DIVISION 6—WOOD AND PLASTICS
06100 ROUGH CARPENTRY
06200 FINISH CARPENTRY AND MILLWORK
DIVISION 7—THERMAL AND MOISTURE PROTECTION
Table of Contents Page 2
07110 MEMBRANE WATERPROOFING
T
07160 DAMPPROOFING ""
07210 BATT INSULATION Q :
07220 RIGID INSULATION
07536 MODIFIED BITUMEN ROOFING ^V.0
07610 PREFORMED METAL ROOF
07620 METAL FLASHING &TRIM
07670 BASE FLASHING
07840 FIRESTOPPING
07920 CAULKING AND SEALANT
DIVISION 8—DOORS AND WINDOWS
08100 METAL DOORS AND FRAMES
08305 ACCESS DOORS
08410 ALUMINUM ENTRANCES
08710 FINISH HARDWARE
08800 GLASS GLAZING
DIVISION 9—FINISHES
09260 GYPSUM WALLBOARD, METAL FRAME SYSTEMS
09310 CERAMIC TILE
09510 ACCOUSTICAL CEILINGS
09640 GYMNASIUM WOOD FLOORING
09650 RESILIENT FLOORING
09652 RUBBER BASE
09670 TERRAZZO (ALT. NO. 4)
09900 PAINTING
DIVISION 10—SPECIALTIES
10170 PLASTIC TOILET& SHOWER PARTITIONS
10350 FLAGPOLE
10420 PLAQUE
10441 PLASTIC SIGNS
10442 BUILDING SIGNS
10500 METAL LOCKERS
10522 FIRE EXTINGUISHERS AND CABINETS
10800 TOILET& SHOWER ACCESSORIES
DIVISION 11 —EQUIPMENT
m 11480 GYMNASIUM EQUIPMENT
11490 GYMNASIUM CURTAIN
DIVISION 12—NOT USED
DIVISION 13—SPECIAL CONSTRUCTION
13125 BLEACHERS
DIVISION 14—NOT USED
Table of Contents Page 3
P
dft
MCCRAY COMMUNITY CENTERr•••••••••••••""""•..... i
t THOMAS KEITH LAYER
t�................................s
MEP SPECIFICATION INDEX t A� 84202 4eW
1. SECTION 15010—BASIC MECHANICAL REQUIREMENTS /00
2. SECTION 15250— MECHANICAL INSULATION
3. SECTION 15400— PLUMBING
4. SECTION 15651 — ROOFTOP AIR CONDITIONING UNITS
5. SECTION 15800— MISCELLANEOUS HVAC EQUIPMENT
6. SECTION 15850— DUCTWORK AND ACCESSORIES
7. SECTION 15910 — CONTROL SEQUENCES
8. SECTION 15990—TESTING ADJUSTING AND BALANCING
9. SECTION 16010— BASIC ELECTRICAL REQUIREMENTS
10. SECTION 16050— BASIC MATERIAL AND METHODS (ELECTRICAL)
11. SECTION 16400— POWER DISTRIBUTION
12. SECTION 16500— LIGHTING
13. SECTION 16721 — FIRE ALARM AND DETECTION SYSTEMS
14. SECTION 16950— ELECTRICAL TESTING (ROUTINE)
.. E:\20009.00\Documents�SPECLIST.DOC
SHEET
ACCESSIBILITY DETAILS
AD01 SPOUT HEIGHT AND KNEE CLEARANCE
AD02 CLEAR FLOOR SPACE AT DRINKING FOUNTAIN
AD03 LAVATORY CLEARANCES
AD04 SIGNAGE MOUNTING LOCATION AND HEIGHT
AD05 HANDRAILS & GRAB BARS
AD06 ISHOWER SIZE AND CLEARANCES
AD07 SHOWER SEAT DESIGN
AD08 GRAB BARS @ SHOWER
AD09 GRAB BARS @ SHOWER
AD10 GRAB BARS @ SHOWER
AD11 STANDARD TOILET STALL
AD12 IMOUNTING HEIGHTS
AD13 GRAB BARS @ W.C.
AD14 GRAB BARS @ W.C.
AD15 STANDARD TOILET STALL
AD16 CLEARANCES @ DOORS
AD17 ICLEARANCES @ DOORS
AD18 CLEARANCES @ DOORS
AD19 CLEARANCES @ DOORS
AD20 CLEARANCES @ DOORS
AD21 CLEARANCES @ DOORS
AD22 ISIGN (HC) DETAIL
INDEX OF SCHEDULES AND DETAILS
PROJECT NO. 99110
DATE: 5/19/2000
COOililMM04� C�C ]4CQ DRAWN BY:
v u w6mu o umm@ FILE: INDEX.XL&
v<Fitn<b.in<
f
INSTRUCTIONS TO BIDDERS
1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the
responsiveness of a Proposal:
• Use the Proposal Form provided in the Project Manuai.
• 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
a
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 Contractor's capability of performing the work and
in meeting City contract requirements:
• Minority/Women's Business Documentation (for bids in excess of$25,000)
• CERTIFICATIONS, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BLOCK GRANTS
• 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.
1 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.
18. FUNDING ALTERNATES: The City may accept funding from the Department of Housing and
Urban Development, in which case additional administrative requirements, as specified in the Federal
Guidelines will apply. If federal funding is accepted, the construction of the Project including Base bid and
selected Alternates and Allowances will be governed by Federal Wage Rates included in the specification.
a
The Bidder must complete the proposal entirely, including costs with and without federal wage rates and
administrative requirements. "
00000
PROPOSAL
T0: MR. BOB TERRELL
CITY MANAGER
CITY OF FORT WORTH, TEXAS
FOR: McCray Community Center
Project Number TPW 99-003
4932 Wilbarger
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 boupld to execute a contract and, if the
k
contract amount exceeds$25,000.00,furnish Performance and/or Payment Bonds approved by the City of
Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit:
DESCRIPTION OF ITEMS
Item City Wage Rates Federal Wage Rates'
Base Bid
a, y r,
Alternate 1 Add area on South Side of Gym
as � 2-3 '1'
Alternate 2 Add area on South Side of Multipurpose
s
Room 107 , � J o` ,/ ! ✓ 5 �`0
Alternate 3 Install entry canopy 0 D
Alternate 4 Substitute thin-set terrazzo for ceramic the
as noted in room Finish Schedule c r
Alternate 5A Add 119 capacity metal bleachers in
Gym under Base Bid w/o Alternate 1
Alternate 5B Add 144 capacity metal bleachers in
v
`° Gyp under Base Bid with Alternate 1
13
Alternate 6 Add overhead sports curtain in the Gym
S v0d a�
Alternate 7 Add four swing-down type basketball back
stops
- Alternate 8 Add one score board in Gym
Alternate 9 Add sound system
' If the City accepts partial funding of this Project from the Department of Housing and Urban
Development the Contractor will be required to meet the Federal Wage standards and other
contract requirements in addition to those required in the City of Fort Worth General Conditions
and Minority and Women's Business Enterprise program.
Pier over/under run S ? -�-; ®� /LF
The undersigned agrees to complete the Work within "3 O d calendar days after the date of Notice to
Proceed.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the
above work. d
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee applicants
to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as
amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the
award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as
low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that
Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable
contract in the state in which the non-resident's principal place of business is located. The appropriate
blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet
specifications. The failure of out of state or non-resident bidders Failure to complete the forms may
disqualify that bidder. Resident bidders must check the box in Section B.
A. 1_1 Non-resident vendors in (give state), our principal place of
business, are required to be percent lower than resident bidders by state
law.
IJ Non-resident vendors in (give state), are not required to
underbid resident bidders.
B. tas. Our principal place of business or corporate offices are in the State of
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 appr ve_d Surety Bond for the faithful performance of this contact. The
attached deposit check in the sum of Ilars($_)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.
MINORtTYNVOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000)
I
• 1 am aware that I must submit information the Director.Transportation and Public Works, concerning
the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be
RESPONSIVE.
Respectfully submitted,
Company Name
By. ✓',.
Signature
Printed Narde of Principal Title
Address: 5'
Street
City Zip
Phone�1 - �S �/-9 7.1 - 35-9
Fax: /- j'7 ;:'--- f3$ 7570 S
Receipt is acknowledged of the following addenda:
Addendum No. 1:-L�--�, o "
i
Addendum No.2:
ov
a
-a
s
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ATTACHMENT 1A
City of Fort Worth Page 1 of 2
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
NUE TECH BUILDERS INC. 10/26/00
PRIME COMPANY NAME BID DATE
EUGENE MC CRAY COMMUNITY CENTER TPW 99-003
PROJECT NAME PROJECT NUMBER
CITY'S NVWBE PROJECT GOAL: NIAVBE PERCENTAGE ACHIEVED: g
r ,
Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department
on or before 5:00 p.m.five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid
being considered non-responsive to bid specifications.
w
The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered
non-responsive to specifications.
Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount
Address,and Telephone No. TIMOR Scope of Work(') Supplied(') E,..
fA
- C h1QTE-- X CHRIS BROOKS CONCRETE * $94 1 2 0.oo
IV:BROOKS CONTRACTQRS approx.
4605 MILLER AVE.
FT. MWORTH
817-988-3575
ALL-FATR_X.ZCTRIC _ _, X FURNISH MATERIALS
]ROTTERRJOHN _ _ AND LABOR * $771121 .00
p,.(?. _!?ox 137033 ELECTRICAL, CON IT
FT._W__.TH, TX FIXTURES,RACEWA S
• 817-237-2406
RED I_ T EL, INC X FABRICATE &
CHHARES- SUGKETT ERECTION STRUCT RAL $74,833.00
P_OaU_79 ..___.__. STEEL
FT.,_ WORTH -TX 76111_ HUB:47523086357 0
817-624-9956 reg:NMMBSI9;2.N08 1
M/WBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid.
(') Specify all areas In which MWBE's are to be utilized and/or Items to be supplied:
(") A complete listing of items to be supplied Is required In order to receive credit toward the M/WBE goal.
r)Identify each Tier level. Tier:Means the level of subcontracting below the prime contractoriconsultant,Le.,a direct payment
from the prime contractor to a subcontractor is considered 1"tier,a payment by a subcontractor to
Its supplier Is considered 2"A 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.6/2/98
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMEN•
Page 2
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 Amow
Address,and Telephone No. Scope of Work(*) Supplied(*) Z^
V Of] avi� P
~ X H F
2 ~_
S ai PPLY_l—WBE_µ X WFBD7906YO701 DOORS, HARDWARE*
_g_ueBROWN_ $21 ,000
1579^CEDAR ELM
EULESS,�TX 76039 �-
817-267-0783
FORT WORTH LBR. CO. X LUMBER
GARLAND G_ EISLAN $7,000
P.O.— BOX 969 approx.,
FT. WORTH, TX 76101
81 '�=293-5211
ALL== -LUMB,,SU --..__ X =WFSD5387YO3-9-6- PLUMBING SUP.
R7.-O- BOX 542885 ._ `PIPE, FITTING 7000
DALLAS, TX 75354
21-4 5924 9_-- I
The bidder further agrees to provide, directly to the City upon request, complete and accurate information rega
actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with thio
The bidder also agrees to allow an audit and/or examination of any books, records and files held by their compam
will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized offic
employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminatin
contract or debarment from City work for a period of not less than three(3)years and for initiating action under Fey
State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a ma
breach of contract may result in a determination of an irresponsible offeror and barred from participating in City
for a period of time not less than one(1)year.
ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD }
Authorizedi nature Printed Suture
PRESIDENT
Title Contact Name and Title(if different)
NUE TECH BUILDERS INC. 1 -972-935-9878
Company Name Telephone Number(s)
408 HIGGINS RD. 1 -972-9IR-79;ng;
Address Fax Number
WAXAHACHIE, TX 75167 10/31 /00
City/State/Zip Code Date
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER I
OPENING,EXCLUSIVE OF THE BID OPENING DATE
Rei
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMENT 1A
city of Fort worth Page 1 of 2
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
NUE TECH BUILDERS INC. 1nj��jnn
PRIME COMPANY NAME SID DATE
CENTER _ Twp g9nng
PROJECT "PROJECT NUMBER
CITY'S 111/WBE PROJECT GOAL: 3 5$ h1/WBE PERCENTAGE ACHIEVED: 3L,
Failure to complete this form, in its entirety with supporting documentation,and received by the Managing Department
on or before 5:00 p.m.five(5) City business days after bid opening,exclusive of bid opening date,will result in the bid
being considered non-responsive to bid specifications.
The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered
non-responsive to specifications.
Company Name,Contact Name, Certified Specify ALLContracting Specify A()Items to be Dollar Amount
Address,and Telephone No. Scope of Work(•) Supplied(*) Z
co
o e
z
" KNOX RRn. CnNRT_ X SUPPLY MATERIAL
CT BASE CER. *
�-AL & LABOR FOR TILE, ADHESIVE $31 , 360.00
3509 GRIGGS AVEPAINTING, STAIN ATERIALS &
FT._ WORTH, TX 76119 TAPE & bed BLOC ABOR * $35, 660.00
817-924-3930 FILL,SEALEk
-DILW0R4W-MASON — K MATERIALS & labcr
U1A/NBF--#9 Q 1 CMU, GLASS BLOC * $
-27.0I-ALABAMA.,-DALLAS MORTAR, SAND, 7, 000,°0
TX 35216--2J-4-=-a-4i---a57 TIES, WIRE,STEEL
concrete related--gz, d
WMMB7762NO701 RAI P * SUPPLY & FAB. $'-3,245.75
122 E. _I_NDUSTRAIL HA IN REINF. STEEL
CLEBURNE,TX 76031
$]]-558-6999 _
M/WBEs must be located In the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid.
(•) Specify all areas In which MWBE's are to be utilized and/or items to be supplied:
(') A complete listing of Roma to be supplied Is required in order to receive credit toward the M/WBE goal.
(••)
Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,Le.,a direct payment
from the prime contractor to a subcontractor is considered 1'tier,a payment by a subcontractor to
Its supplier is considered 2"tier.
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY3:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID
OPENING,EXCLUSIVE OF THE BID OPENING DATE
Rev.6/2M8
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMENT 1A
.- City of Fort Worth Page 1 of 2
Minority and Women Business Enterprise Specifications
MBEMBE UTILIZATION
PRIME COMPANY NAME U` S 1 G BID DOE
0
X1,,'-1-1 1 fill— Crw.,= „ ��,��iu -7-14)r.J P 9 9-o D 3
PROD {T NAME N QM_T NUMBER
CITY'S M/WBE PROJECT GOAL: M/WBE PERCENTAGE ACHIEVED:
Failure to complete this form, in its entirety with supporting documentation,and received by the Managing Department
on or before 5:00 p.m.five(5) City business days after bid opening,exclusive of bid opening date,will result in the bid
being considered non-responsive to bid specifications.
The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered
non-responsive to specifications.
Company Name,Contact Name, Certified Specify All-Contracting Specify A(Items to be Dollar Amount
Address,and Telephone No. Scope of Work(•) Supplied(*)
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o m
Z 1-
* At tM 0_ rt , 14.6 0.
Ha--i-,
n�a]-C7°3ll
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MNVBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid.
(•)
Specify all areas In which MWBE's am to be utilized andlor Items to be supplied:
(') A complete listing of Items to be supplied is required in order to receive credit toward the MIWBE goal.
('•)
Identify each Tier level. Tier:Means the level of subcontracting below the prime contractodconsultant,i.e.,a direct payment
from the prime contractor to a subcontractor Is considered T'tier,a payment by a subcontractor to
Fy 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.erbvil
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
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CERTIFICATIONS
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BLOCK GRANTS
PROJECT McCray Community Center
Contractor
Address
Telephone Fax
Federal ID No.
Officers of Corporation
President
Vice President
Secretary
Treasurer:
If sole Owner or Partnership,list owners:
1. Bidder has participated in a previous contract or subcontract 3. Bidder has filed all compliance reports under applicable
subject to the Equal Opportunity Clause._yes_no. If yes instructions including SF-100._yes_no. If no,explain in
identify most recent contract. detail on separate document
2. Compliance reports were required to be filed in connection
with such contract yes_no.
CERTIFICATIONS
I certify that 1 have read and understand the information regarding Clause;and, if so,whether they have filed all compliance reports
my obligations as a Contractor on a project funded by the United due under applicable instructions.
States Department of Housing and Urban Development,which is
contained in the Contract Provisions. I understand that, should I Where the certification indicates that the bidder has not filed a
have any question regarding my obligations, I will as soon as compliance report due under applicable instructions, such bidder
possible contact the fort worth fiscal Services shall be required to submit a compliance report within seven
Department(Intergovemmental Affairs and grants Management calendar days after bid opening. No contract shall be awarded
staff member who is assigned to monitor this Contract. unless such report is submitted.
I certify that at the time of execution neither my company nor my CERTIFICATION REGARDING LOBBYING
corporate officers are listed n the list of Debarred,Suspended,and
Ineligible Contractors maintained by the Department of Housing The undersigned certifies,to the best of his or her knowledge and
and Urban Development(HUD) belief,that:
1 will not subcontract any work in connection with this project (1) No Federal appropriated funds have been paid or will
unless I first receive the prior written approval of the Fiscal be paid,by or will be paid,by or on behalf of the undersigned,to
Services Department, Intergovernmental Affairs and Grants any person for influencing or attempting to influence an officer or
Management Division of the city of Fort Worth. employee of any agency, a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress
EQUAL EMPLOYMENT OPPORTUNITY in connection with the awarding of any Federal contract,the raking
of any Federal grant,the making of any Federal loan,the entering
It will be the policy of this firm to not discriminate against any into of any cooperative agreement, and the extension,
applicant for employment, or any employee, because of race, continuation,renewal,amendment,or modification of any Federal
creed,color,age,sex,or national origin.This firm will insure that contract,grant,loan or cooperative agreement.
this policy is continually enforced with regard to employment,
promotion, upgrading, demotion, transfer, recruitment, and (2) If any funds other than Federal appropriated funds have
recruitment advertising, lay off and termination, compensation,. been paid or will be paid to any person for influencing or
training, and working conditions. We will make it understood by attempting to influence an officer or employee of any agency, a
all with whom we deal, and in all our employment opportunity Member of Congress, an officer or employee of Congress, or an
announcements that the foregoing is our policy.All applicants and employee of a Member of Congress in connection with this Federal
employees will be judged solely on the basis of their skill,devotion contract, grant, loan, or cooperative agreement, the undersigned
loyalty,reliability and integrity. shall complete and submit Standard Form-111,'Disclosure Form to
Report Lobbying,"in accordance with its instructions.
This certification is required pursuant to Executive Order 11246
(30 CFR 12319-25). The implementing rules and regulations (3) The undersigned shall require that the language of this
provide that any bidder or prospective contractor,or any of their certification be included in the award documents for all subawards
proposed subcontractors,shall state as an initial part of the bid or at all tiers(including subcontracts, subgrants, and contracts under
negotiations of the Contract whether they have participated in any grants, loans, and cooperative agreements) and that all
previous contract or subcontract subject to the Equal Opportunity subrecipients shall certify and disclose accordingly.
Signature:
b Office(President or Vice President):
Date:
City of Fort Worth, Texas
Transportation/Public Works Department
Building Services Division/Architectural Services Section
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
SECTION A Articles, or other Subdivisions shall not be binding upon the
DEFINITIONS,PROCEDURES AND INTERPRETATIONS contractor in dividing the work among Subcontractors or
Trades.
A-1 CONTRACT DOCUMENTS. By the term Contract
Documents is meant all of the written and drawn documents A-8 INTERPRETATIONS. The Architect will furnish
settina forth or affecting the rights of the parties, including such Interpretations of the Plans and Specifications as may
but not necessarily limited to, the Contract, Notice to be necessary for the proper execution or progress of the
Bidders, Proposal, General Conditions, Special Conditions, work. Such Interpretations shall be furnished at the instance
Specifications, Plans, Bonds and all Addenda,Amendments of the Architect or at the request of the Contractor,or Owner,
signed by all parties, Change Orders, written Interpretations and will be issued with reasonable promptness and at such
and any written Field Order for a minor change in the Work. times and in accordance with such schedule as may be
agreed upon. Such Interpretations shall be consistent with
A-2 ENTIRE AGREEMENT. The Contract Documents the purposes and intent of the Plans and Specifications and
represent the entire agreement between the Parties,and no may be effected by Field Order. In the event of any dispute
prior or contemporaneous, oral or written agreements, between any of the parties to the Contract and the Architect
instruments or negotiations shall be construed as altering the or each other involving the interpretation of the Contract
terms and effects of the Contract Documents. After being Documents,the evaluation of work or materials performed or
executed, the Contract Documents can be changed only by furnished by the Architect Contractor, or any subcontractor
a written Amendment signed by the Contractor and the or materialsman,or involving any question of fault or liability
Owner, or Change Order, or by a written Field Order for a of any party, the decision of the Owner shall be final and
minor change. binding.
A-3 WORK. By the term Work is meant all labor, In the event of inconsistency in the contract documents, the
supervision, materials and equipment necessary to be used following sequence for interpretation shall be used in order
or incorporated in order to produce the construction required of precedence: Change Orders and/or Field Orders(by date
by Contract Documents. of issuance); Addenda (by date of issuance); Drawings;
Notes and dimensions on Drawings; Technical
A-4 EXECUTION OF THE CONTRACT Specifications; Special Provisions; Supplementary General
DOCUMENTS. The Contract Documents shall be executed Conditions;General Conditions;and,Construction Contract.
in six originals, with all required attachments, including
required bonds and insurance certificates, by the Contractor A-9 COPIES OF WORKING DRAWINGS AND
and the Owner in such form as may be prescribed by law SPECIFICATIONS. The Architect will furnish to Contractor
and returned to the Owner within ten business days of free of charge 15 sets of working Drawings and 15 sets of
notification to Contractor. Failure to execute contracts and Specifications. Contractor shall pay the cost of reproduction
provide required enclosures will be grounds for revocation of for all other copies of Drawings and Specifications furnished
award and taking of Bid Bond. to him.
A-5 FAMILIARITY WITH PROPOSED WORK. Before All Drawings, Specifications and copies thereof furnished by
filing a bid, the bidder shall examine carefully the proposal, the Owner of the Architect are and shall remain the property
plans, specifications, special provisions, and the form of of the Owner. They are not to be used on any other project
contract to be entered into for the work contemplated. He and,with the exception of one Contract set for each Party to
shall examine the site of work and satisfy himself as to the the Contract, are to be returned to the Owner on request at
conditions that will be encountered relating to the character, the completion of the work.
quality and quantity of work to be performed and materials to
be furnished. The filing of a bid by the bidder shall be A-10 MINORITY AND WOMENS BUSINESS
considered evidence that he has complied with these ENTERPRISE POLICY. The City of Fort Worth has goals
requirements and has accepted the site as suitable for the for the participation of disadvantaged business enterprises in
work. City contracts. Compliance with the policies designed to
meet these goals is mandatory in order to be considered a
Claims for additional compensation due to variations responsive bidder. The City policy and procedures to be
between conditions actually encountered in construction and followed in submitting bids is included.
as indicated by the plans will not be allowed.
The City of Fort Worth MWBE Program will take precedence
A-6 ONE UNIFIED CONTRACT. Insofar as possible, over other subcontractor utilization programs on Block Grant
the Contract Documents will be bound together and and other Federally funded Projects.
executed as a single unified Contract, the intention of the
Contract Documents being to provide for all labor, A-11 CORRELATION AND INTENT. In general, the
supervision,materials,equipment and other items necessary drawings indicate dimension, locations, positions, quantities,
for the proper execution and completion of the Work. Words and kinds of construction; the specifications indicate the
that have well-recognized technical or trade meanings are quality and construction procedures required. Work
used herein in accordance with such recognized meanings. indicated on the drawings and not specified of vice-versa,
shall be furnished as though set forth in both. Work not
A-7 DIVISION OF WORK. The arrangement of detailed, marked or specified shall be the same as similar
Drawings and/or Specifications into Divisions, Sections, parts that are detailed, marked or specified. If the drawings
Page 1 of 24
General Conditions for Construction,Fort Worth,6/20/2000
are in conflict or conflict with the specifications the better B-2 TERMINATION AND SUSPENSION OF WORK:
quality or greater quantity or work or materials shall be The Owner has the right to terminate the Project for any
estimated and shall be furnished or included. Dimensions reason. If the project is terminated,the Contractor shall:
on drawings shall take precedence over small-scale
drawings. Drawings showing locations of equipment,piping, a) Stop work under the Contract on the date and to
ductwork, electrical apparatus, etc., are diagrammatic and the extent specified on the notice of termination.
job conditions may not allow installation in the exact location
shown. Relocation shall not occur without the Architects b) Place no further orders or subcontracts except as
approval. may be necessary for the completion of the work not
terminated.
A-12 AGE In accordance with the policy ("Policy") of
the Executive Branch of the federal government, Contractor c) Terminate all orders and subcontracts to the 1
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 r
privileges of their employment, discriminate against persons completed; provided, however, that the amount of payment
because of their age except on the basis of a bona fide on termination shall not exceed the total contract price as
occupational qualification, retirement plan or statutory reduced by the portion thereof allocatable to the work not
requirement. completed and further reduced by the amount of payments, i
if,any otherwise made. Contractor shall submit its claim for
Contractor further covenants that neither it nor its officers, amounts due after termination as provided in this paragraph
members, agents, employees, subcontractors, program within 30 days after receipt of such claim. In the event of
participants, or persons acting on their behalf, shall specify, any dispute or controversy as to the propriety or allowability
in solicitations or advertisements for employees to work on of all or any portion of such claim under this paragraph,such
this contract, a maximum age limit for such employment dispute or controversy shall be resolved and be decided by
unless the specified maximum age limit is based upon a the City Council of the City of Fort Worth, and the decision
bona fide occupational qualification, retirement plan or by the City Council of the City of Fort Worth shall be final
statutory equipment. and binding upon all parties to this contract
Contractor warrants it will fully comply with the Policy and B-3 DUTIES OF THE ARCHITECT As used herein,
will defend, indemnify and hold City harmless against any the term Architect means the Architect or his authorized
claims or allegations asserted by third parties or subcontrac- representative. Nothing contained in these Contract
for against City arising out of Contractor's and/or its Documents shall create any privity of Contract between the
subcontractors' alleged failure to comply with the above Architect and the Contractor.
referenced Policy concerning age discrimination in the
performance of this agreement. B-4 ARCHITECT AS REPRESENTATIVE OF THE
OWNER The Architect will provide general administration of i
A-13 DISABILITY: In accordance with the provisions of the Contract on behalf of the Owner and will have authority
the Americans With Disabilities Act of 1990 ("ADA"), to act as the representative of the Owner to the extent
Contractor warrants that it and any and all of its provided in the Contract Documents unless changed in
subcontractors will not unlawfully discriminate on the basis of writing by the Owner. The Architect will be available for
disability in the provision of services to the general public, conferences and consultations with the Owner or the
nor in the availability,terms and/or conditions of employment Contractor at all reasonable times.
for applicants for employment with, or employees of
Contractor or any of its subcontractors. Contractor warrants B-5 ACCESS TO JOB SITES. The Architect shall at
it will fully comply with ADA provisions and any other all times have access to the Work whenever it is in
applicable federal, state and local laws concerning disability preparation and progress. The Contractor shall provide
and will defend, indemnify and hold City harmless against facilities for such access so the Architect may perform its
any claims or allegations asserted by third parties or assigned functions under the Contract Documents.
subcontractors against City arising out of Contractor's and/or
its subcontractors' alleged failure to comply with the The Architect will make periodic visits to the Site to
above-referenced laws concerning disability discrimination in familiarize himself with the progress and quality of the work
the performance of this agreement. and to determine if the work is proceeding in accordance
with the Contract documents. On the basis of on-site
observations, the Architect will keep the Owner informed of
the progress of the Work and will endeavor to guard the
SECTION B Owner against defects and deficiencies in the Work of the
IDENTITY OF ARCHITECT Contractor. Based upon such observations and the
Contractor's applications for payments, the Architect will
B-1 CONTRACT ADMINISTRATION. Where the term make determinations and recommendations concerning the
"Architect"is used in the"General Conditions of the Contract amounts owing to the Contractor and will issue certificates
for Construction",it shall refer to the Director,Transportation for payment amounts.
and Public Works or his designated Project Manager. The
Director, Transportation will designate a Project Manager B-6 INTERPRETATIONS. The Architect will be, in the
and Construction Manager to administer this contract and first instance,the interpreter of the requirements of the Plans
perform the functions of the "Architect" as indicated in the and Specifications and the judge of the performance
General Conditions. The design architect or engineer may thereunder by the Contractor,subject to the final decision of
also be designated to perform the duties of"Architect". the Owner.
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General Conditions for Construction,Fort Worth,6/20/2000
The Architect's decisions in matters relating to artistic effect and that the locations of utilities and other obstacles to the
will be final if consistent with the intent of the Contract prosecution of the Work as shown on the Owner's survey
Documents. are for information only, are not binding upon the Owner,
and the Owner shall not incur any liability for loss or damage
B-7 AUTHORITY TO STOP WORK. The Architect will by virtue of any inaccuracies or deficiencies in such surveys.
have authority to reject work that does not conform to the The Owner shall secure and pay for title to the site and all
Plans and Specifications. In addition, whenever, in its necessary permanent or construction easements. The
reasonable opinion, the Architect considers it necessary or Owner will cooperate with the Contractor in the prosecution
advisable in order to insure the proper realization of the of the Work in such manner and to such extent as may be
intent of the Plans and Specifications,the Architect will have reasonable and shall furnish information under its control
authority to require the Contractor to stop the Work or any with reasonable promptness at the request of the Contractor.
portion thereof, or to require special inspection or testing of
the Work whether or not such Work be then fabricated, C-3 INSTRUCTIONS. The Owner shall issue all
installed or completed. instructions to the Contractor through the Architect.
B-8 MISCELLANEOUS DUTIES OF ARCHITECT. C-4 ACCESS TO JOB SITE. The Owner shall at all
times have access to the Work whenever it is in preparation
Shop Drawings. The Architect will review Shop Drawings and progress. The Contractor shall provide facilities for such
and Samples as provided in Section D. Two copies of each access so the Owner may perform its assigned functions
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
Change Orders, Change Orders and Field Orders for Minor Architect will make visits to the Site to familiarize themselves
Changes in the Work will be issued by the Owner through with the progress and quality of the Work and to determine if
the Architect in accordance with the provisions of Section L. the work is proceeding in accordance with the Contract
documents. On the basis of on-site observations and
Guarantees. The Architect will receive on behalf of the reports provided by the Architect concerning the progress
Owner all written guarantees and related documents and quality of the work, the Owner will approve and
required of the Contractor. Upon completion of the project authorize the Contractor's applications for payments.
the Contractor shall provide the Architect five copies of each
guarantee. The Architect will provide three copies of each C-6 AUTHORITY TO STOP WORK. The Owner will
guarantee to the Owner. have authority to reflect work that does not conform to the
Plans and Specifications. Whenever, in its reasonable
Inspections The Architect will conduct inspections for the opinion, the Owner considers it necessary or advisable in
purpose of determining and making his recommendations order to insure the proper realization of the intent of the
concerning the dates of substantial completion and final Plans and Specifications, the Owner will have authority to
completion. require the Contractor to stop the work or any portion
thereof,or to require the Contractor to stop the Work or any
Operation and Maintenance Manuals The Architect will portion thereof, or to require special inspection or testing of
receive on behalf of the Owner, six copies of all applicable the Work whether or not such Work be then fabricated,
equipment installation, operation, and maintenance installed or completed.
brochures and manuals required of the Contractor. The
Architect will provide three copies of this information to the C-7 SUBSTANTIAL COMPLETION INSPECTION.
Owner. Upon agreement of the Contractor and Architect that the
Work is substantially complete, the Owner will schedule a
B-9 TERMINATION OF THE ARCHITECT. In case of Substantial Completion Inspection to be conducted by the
the termination of the employment of the Architect by the Architect and attended by representatives of the Architect,
Owner, the Owner shall either assume the duties of the Owner and Contractor. Items identified during this inspection
Architect through the Director of the Department of as being incomplete, defective or deficient shall be
Transportation and Public Works, or shall appoint a incorporated into a punch list to be prepared by the Architect
successor Architect against whom the Contractor makes no and attached to the AIA document G704, which is to be
reasonable objection. prepared and signed by the Contractor, and accepted,
approved and signed by the Owner.
SECTION C
OWNER C-8 RIGHT TO AUDIT:
C-1 IDENTIFICATION. By the term Owner is meant Contractor agrees that the City shall, until the expiration of
the City of Fort Worth acting herein by its duly authorized three years after final payment under this contract, have
representatives in the manner provided by law. Authorized access to and the right to examine any directly pertinent
representatives include the City Manager, Assistant City books, documents, papers and records of the contractor
Manager, the Director and of Transportation and Public involving transactions relating to this contract.
Works Department and members of the Building Services
Division. Generally speaking a designated representative Contractor further agrees to include in all his subcontracts
will be identified from within the Building Services Division to hereunder a provision to the effect that the subcontractor
act as a point of contact for day to day contract agrees that the City shall, until the expiration of three years
administration. after final payment under the subcontract, have access to
and the right to examine any directly pertinent books,
C-2 DUTIES OF THE OWNER. The Owner shall documents, papers and records of such subcontractor,
furnish surveys describing the physical characteristics, legal involving transactions to the subcontract. The term
limits and utility locations for the site of the Work; provided, "subcontract"as used herein includes purchase orders.
however, that the Contractor hereby covenants that he has
inspected the premises and familiarized himself therewith
I
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General Conditions for Construction,Fort Worth,6!20/2000
Contractor agrees to photocopy such documents as may be employed on the Work under this Contract. The Contractor
requested by the city. The city agrees to reimburse agrees to pay at least the minimum wage per hour for all
Contractor for the costs of copies at the rate published in the labor as the same is classified and set out by the City of Fort
Texas Administrative Code. Worth,Texas,a copy of which is attached hereto and made
a part hereof the same as if it were copies verbatim herein.
SECTION D D-8 WARRANTY. The Contractor warrants to the
CONTRACTOR Owner and the Architect that all materials and equipment
furnished under this Contract will be new unless otherwise
D-1 IDENTIFICATION. The Contractor is the person specified, and that all work will be of good quality,free from
or organization identified as such in the Contract. The term faults and defects, and in conformance with the Contract
Contractor means the Contractor or his authorized Documents. All work not so conforming to these standards I
representative. may be considered defective. If required by the Architect or
the Owner,the Contractor shall furnish satisfactory evidence
D-2 INDEPENDENT CONTRACTOR Contractor shall as to the kind and quality of materials and equipment.
perform all work and services hereunder as an independent
contractor,not as an officer,agent,or employee of the City. The warranty provided in this Section shall be in addition to
Contractor shall have exclusive control of and the exclusive and not in limitation of any other warranty or remedy
right to control the details of the work and services provided by law or the Contract Documents.
performed hereunder,and all persons performing same,and
Contractor shall be solely responsible for the acts and D-9 TAXES. The Contractor is exempt from State
omissions of its officers,agents,and employees. Nothing Sales Tax on material incorporated into the finished
herein shall be construed as creating a partnership or joint construction,Excise and Use Tax.
enterprise between City and the Contractor, its officers,
agents and employees, and the doctrine of respondeat D-10 LICENSES, NOTICES AND FEES. The
superior shall not apply. Contractor shall obtain all Permits, Licenses, Certificates,
and Inspections, whether permanent or temporary, required
D-3 SUBLETTING It is further agreed that the by law or these Contract Documents.
performance of this Contract,either in whole or in part,shall
not be sublet or assigned to anyone else by said Contractor The Contractor shall give all Notices and comply with all
without the written consent of the Director of Transportation Laws, Ordinances, Rules, Regulations and Orders of any
and Public Works of the City of Fort Worth. public authority bearing on the performance of the Work. If
the Contractor observes or becomes aware that bearing on
D-4 REVIEW OF CONTRACT DOCUMENTS. The the performance of the Work. If the Contractor observes or
Contractor shall carefully study and compare the Agreement, becomes aware that any of the Contract Documents are at
Conditions of the Contract, Drawings, Specifications, variance therewith in any respect, he shall promptly notify
Addenda and modifications and shall at once report to the the Architect in writing and any necessary changes will be
Owner and to the Architect any error, inconsistency or made. If the Contractor performs any Work knowing that it is
omission he may discover.The Contractor shall do no work in violation of, or contrary to, any of such Laws, Statutes, i
without Drawings,Specifications and Interpretations. Charter, Ordinances. Orders or Directives, or Regulations
without furnishing Notice to the Architect,the Contractor will
D-5 SUPERVISION. The Contractor shall supervise assume full responsibility therefor and bear all costs
and direct the Work, using his best skill and attention. He attributable thereto.
shall be solely responsible for all construction means,
methods, techniques, sequences and procedures and for D-11 CASH ALLOWANCES. The Contractor shall
coordinating all portions of the Work under the Contract include in the Contract Sum all allowances stated in the
Documents. Contract Documents. These allowances shall cover the net
cost of the materials and equipment delivered and unloaded
D-6 LABOR AND MATERIALS. Unless otherwise at the site, and all applicable taxes. The Contractor's
specifically noted,the Contractor shall provide and pay for all handling costs on the site,labor,installation costs,overhead,
labor, materials, equipment, tools, construction equipment profit and other expenses contemplated for the original
and machinery,water,heat,utilities,transportation and other allowance shall be included in the Contractor Sum and not in
facilities and services necessary for the proper execution the allowance.The Contractor shall cause the Work covered
and completion of the Work. by these allowances to be performed for such amounts and
by such persons as the Architect may direct, but he will not
The successful low bidder will use its reasonable best efforts be required to employ persons against whom he makes a
to hire local laborers, workmen and materialmen. The reasonable objection. If the cost, when determined, is more
general condition is not to be constructed as limiting the right than or less than the allowance, the Contract Sum shall be
of any bidder to employee laborers,workmen or materialmen adjusted accordingly by Change Order which will include
from outside local area. additional handling costs on the site,labor,installation costs,
field overhead, profit and other direct expenses resulting to
The Contractor shall at all times enforce strict discipline and the Contractor from any increase over the original allowance.
good order among his employees, and shall not employ on
the Work any unfit person or anyone not skilled in the task D-12 SUPERINTENDENT. The Contractor shall
assigned to him. employ a competent superintendent and necessary
assistants who shall be in attendance at the Project site
D-7 PREVAILING WAGE RATE. The Contractor during the progress of the Work.The superintendent shall be
agrees to pay not less than the general prevailing rate of per satisfactory to the Contractor and the Owner. The
diem wages for Work of a similar character in the locality in superintendent shall represent the Contractor and all
which the Work is performed, and not less than the general communications given to the superintendent shall be binding
prevailing wage of per diem wages for a legal holiday and as if given to the Contractor. Important communications will
overtime work to all laborers, workmen and mechanics
Page 4 of 24
General Conditions for Construction,Fort Worth,6/20/2000
be confirmed in writing. Other communications will be so Samples shall be properly identified as specified, or as the
confirmed on written request in each case. Architect may require. At the time of submission the
Contractor shall inform the Architect in writing of any
D-13 RESPONSIBILITIES FOR EMPLOYEES AND deviation in the Shop Drawings or Samples from the
SUB-CONTRACTORS. The Contractor shall be responsible requirements of the Contract Documents.
to the Owner for the acts and omissions of all his employees
and all Sub-contractors,their agents and employees,and all By approving and submitting Shop Drawings and Samples,
other persons performing any of the Work under a contract the Contractor thereby represents that he has determined
with the Contractor. and verified all field measurements, field construction
criteria, materials, catalog numbers and similar data, and
D-14 FAILURE TO COMMENCE WORK: Should the that he has checked and coordinated each shop drawing
Contractor fail to begin the work herein provided for within given in the Contract Documents.The Architect's approval of
the time herein fixed or to cant' on and complete the same a separate item shall not indicate approval of an assembly in
according to the true meaning of the intent and terms of said which the item functions.
Plans, Specifications and Contract Documents, then the
Owner shall have the right to either demand the surety to The Architect will review and approve Shop Drawings and
take over the work and complete same in accordance with Samples with reasonable promptness so as to cause no
the Contract Documents or to take charge of and complete delay, but only for conformance with the design concept of
the work in such a manner as it may deem proper,and if,in the Project and with the information given in the Contract
the completion thereof, the cost to the said City shall Documents.The Architect's approval of a separate item shall
exceed the contract price or prices set forth in the said plans not indicate approval of an assembly in which the item
and specifications made a part hereof,the Contractor and/or functions.
its Surety shall pay said City on demand in writing, setting
forth and specifying an itemized statement of the total cost The Contractor shall make any corrections required by the
thereof,said excess cost. Architect and shall resubmit the required number of
corrected copies of Shop Drawings or new Samples until
D-15 PROGRESS SCHEDULE. The Contractor, approved. The Contractor shall direct specific attention in
immediately after being awarded the contract, shall prepare writing or on resubmitted Shop Drawings to revisions other
and submit for the Architect's approval, an estimated than the corrections requested by the Architect on previous
progress schedule for the Work.The progress schedule shall submissions.
be related to the entire Project. This schedule shall indicate
the dates for the starting and completion of the various The Architect's approval of Shop Drawings or Samples shall
_ states of construction and shall be revised as required by the not relieve the Contractor of responsibility for any deviation
conditions of the Work,subject to the Architect's approval. It from the requirements of the Contract Documents unless the
shall also indicate the dates for submission and approval of Contractor has informed the Architect in writing of such
shop drawings and submittals as well as the delivery deviation at the time of submission and the Architect has
schedule for major pieces of equipment and/or materials. given written approval to the specific deviation. Architect's
approval shall not relieve the Contractor from responsibility
The progress schedule shall be updated at least monthly by for errors or omissions in the Shop Drawings or Samples.
the contractor and submitted to the Architect for approval
with the Contractor's monthly progress payment requests. No portion of the Work requiring a Shop Drawing or Sample
submission shall be commenced until the Architect has
D-16 SWINGS AND SPECIFICATIONS AT THE approved the submittal. All such portions of the Work shall
SITE. The Contractor shall maintain at the site for the be in accordance with approved Shop Drawings and
Owner one copy of all Drawings, Specifications, Addenda, Samples.
approved Shop Drawings, Change Orders, and other
Changes and Amendments in good order and marked to D-18 SITE USE. The Contractor shall confine
record all changes made during construction. These shall operations at the site to areas permitted by law,ordinances,
also be available to the Architect. The Drawings,marked to permits and the Contract Documents and shall not
record all changes made during construction, shall be unreasonably encumber the site with any materials or
delivered to the Architect upon completion of the Work, and equipment. Until acceptance of the work by the City Council
the Architect will prepare, and provide to the Owner, one of the City of Fort Worth, the entire site of the Work shall be
complete set of reproducible record drawings of the work. under the exclusive control, care and responsibility of the
Contractor. Contractor shall take every precaution against
D-17 SHOP DRAWINGS AND SAMPLES. Shop injury or damage to persons or property by the action of the
Drawings are drawings, diagrams, illustrations, schedules, elements or from any other cause whatsoever. The
performance charts; brochures and other data which are Contractor shall rebuild,repair,restore and make good at his
prepared by the Contractor or any Subcontractor, own expenses all injuries or damages to any portions of the
manufacturer, supplier or distributor, and which illustrate Work occasioned by any of the above, caused before
some portion of the Work. acceptance.
Samples are physical examples furnished by the Contractor D-19 SAFE WORK PRACTICES. The Contractor shall
to illustrate materials, equipment or workmanship, and to employ safe practices in handling materials and equipment
establish standards by which the Work will be judged. used in performing required work so as to insure the safety
of his workmen, City employees and the public. The
The Contractor shall review, stamp with his approval and Contractor shall keep the premise free at all times from
submit,with reasonable promptness and in orderly sequence accumulation of waste materials or rubbish. At the
so as to cause no delay in the Work or in the work of any completion of the work, the Contractor shall remove all his
other contractor,normally within the first 90 days of the work, wastes and rubbish from and about the work area,as well as
six copies of all shop Drawings and Samples required by the his tools, equipment and surplus materials and shall leave
Contract Documents or subsequently by the Architect as the area as clean and free of spot,stains,etc.,as before the
covered by changes or amendments. Shop Drawings and work was undertaken.
t•
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General Conditions for Construction,Fort Worth,6/20/2000
Owner and Architect to make an objection to any person or
D-20 FIELD OFFICES AND SHEDS The Contractor is organization on the list prior to the award of this Contract
not required to provide a temporary field office or telephone shall not constitute acceptance of such person or
for projects under $500,000. Contractor shall equip the organization.
Project Superintendent with a pager and provide 24-hour
contacts to the City. If,prior to the award of the Contract,the Owner or Architect
has an objective to any person or organization on such list,
D-21 TRENCH SAFETY The Contractor shall be and refuses to accept such person or organization, the
responsible for all design and implementation of trench apparent low bidder may,prior to the award,withdraw his bid
shoring and stabilization to meet regulatory requirements. If without forfeiture of bid security. If such bidder submits an
the Proposal requires,the Contractor shall include a per unit acceptable substitute, the Owner may, at its discretion,
cost for trench safety measures in his bid. If not included in accept the bid or he may disqualify the bid. If, after the l
the Proposal, the Contractor shall include a cost for trench award, the Owner or Architect objects in writing to any
safety measures for all trenches over 5 feet in depth in his person or organization on such list, the Contractor shall
Schedule of Values. provide an acceptable substitute.
D-22 CUTTING AND PATCHING OF WORK. The The Contractor shall not make any substitution for any
Contractor shall do all cutting,fitting or patching of his Work Subcontractor or person or organization that has been
that may required to make its several parts fit together accepted by the Owner and the Architect, unless the
properly, and shall not endanger any Work by cutting, substitution is also acceptable to the Owner and the
excavating or otherwise altering the Work or any part of it. Architect.
D-23 CLEAN UP. The Contractor at all times shall keep E-3 TERMS OF SUBCONTRACTS. All work
the premises free from accumulation of waste materials or performed for the Contractor by a Subcontractor shall be
rubbish. At the completion of the Work he shall remove all pursuant to an appropriate agreement between the
his waste materials and rubbish from and about the Project Contractor and the Subcontractor (and where appropriate
as well as all his tools, construction equipment, machinery between Subcontractors and Sub-subcontractors) which
and surplus materials,and shall clean all glass surfaces and shall contain provisions that:
leave the Work "Broom-clean" or its equivalent, except at
otherwise specified. In addition to removal of rubbish and 1. preserve and protect the rights of the Owner and the
leaving the buildings "broom-clean", Contractor shall clean Architect under the Contract with respect to the Work to
all glass, replace any broken glass, remove stains, spots, be performed under the subcontract so that the
marks and dirt from decorated work, clean hardware, subcontracting thereof will not prejudice such rights;
remove paint spots and smears from all surfaces, clean i
fixtures and wash all concrete,tile and terrazzo floors. 2. require that such Work be performed in accordance
with the requirements of the Contract Documents;
If the Contractor fails to clean up,the Owner may do so,and 3. require submission to the Contractor of applications for
the cost thereof shall be charged to the Contractor, payment under each subcontract to which the
D-24 COMMUNICATIONS. As a general rule, the Contractor is a party, in reasonable time to enable the
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 i
communication sent directly to the Owner. subcontracted portions of the Work shall be submitted
to the Contractor (via any Subcontractor or Sub-
SECTION E subcontractor where appropriate) in the manner
SUBCONTRACTORS provided in the Contract Documents for like claims by
the Contractor upon the Owner;
E-1 DEFINITION. A Subcontractor is a person or
organization who has a direct contract with the Contractor to 5. waive all rights the contracting parties may have
perform any of the Work at the site.The term Subcontractor against one another for damages caused by fire or
is referred to throughout the Contract Documents as if other perils covered by the property insurance, except
singular in number and masculine in gender and means a such rights, if any, as they may have to proceeds of
Subcontractor or his authorized representative. such insurance held by the Owner,and,
6. obligate each Subcontractor specifically to consent to
Nothing contained in the Contract, Documents shall create the provisions of this Section
any contractual relation between the Owner and the
Architect and any subcontractor or any of his sub- All of the provisions set out in this section shall be deemed
subcontractors or materialmen. to have been included in every subcontract, and every
subcontract shall be so construed and applied as to the
E-2 AWARD OF SUBCONTRACTS. The bidder shall Owner and the Architect,whether or not such provisions are
furnish a list of the names of the subcontractors or other physically included in the sub-contract.
persons or organizations (including those who are to furnish
materials or equipment fabricated to a special design) E-4 MINORITY AND WOMENS BUSINESS
proposed for such portions of the Work as may be ENTERPRISE (M/WBE). Should the base bid be less than
designated in the bidding requirements, or if none is so $25,000,the requirements of this section do not apply.
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
Page 6 of 24
General Conditions for Construction,Fort Worth,6/20/2000
the Ordinance may be obtained from the Office of the City 3. Submit a REQUEST FOR APPROVAL OF CHANGE
Secretary. Failure to comply with the Ordinance shall be a FORM,if the contractor desires to change or delete any
material breach of contract. of the MNVBE subcontractors or suppliers.
The M/WBE UTILIZATION FORM,M/WBE GOALS WAIVER Justification for change may be granted for the following:
FORM and GOOD FAITH EFFORT FORM, as applicable,
must be submitted within five city business days after bid 1. Failure of subcontractor to provide evidence of
opening. Failure to submit the post bid information shall coverage by Workers'Compensation Insurance
render the bid non-responsive.
2. Failure of subcontractor to provide required general
The City will consider the contractor's performance on other liability or other insurance.
City Projects regarding its M/WBE program in the evaluation
of bids. Failure to comply with the City's M/WBE program,or 3. Failure of subcontractor to execute a standard
to demonstrate a "good faith effort", shall result in a bid subcontract form in the amount of the proposal used by
being considered irresponsible. the Contractor in preparing his M/WBE Participation
plan
Upon request, Contractor must provide the City with
complete and accurate information regarding actual work 4. Default by the M/WBE subcontractor or supplier in the
performed by a Minority or Women Business Enterprise performance of the subcontract.
(M/WBE) on the contract and proof of payment thereof.
Contractor further agrees to permit an audit and/or Other reasons at the discretion of the M/WBE Coordinator
examination of any books, records or files in its possession
that will substantiate the actual work performed by an M/ Within ten days after final payment from the City the
WBE. The misrepresentation of acts(other than a negligent contractor shall provide the M/WBE Office with
misrepresentation) and/or the commission of fraud by the documentation to reflect final participation of each M/WBE
Contractor will be grounds for termination of the contract subcontractor and supplier used on the project.
and/or initiating action under appropriate federal, state, or
local laws or ordinances relating to false statement. Further E-5 PAYMENTS TO SUBCONTRACTORS. The
any such misrepresentation (other than a negligent Contractor shall pay each Subcontractor, upon receipt of
misrepresentation)and/or commission of fraud will result on payment from the Owner, an amount equal to the
the Contractor being determined to be irresponsible and percentage of completion allowed to the Contractor on
barred from participating in City work for a period of time of account of such Subcontractor's Work. The Contractor shall
not less than three years. also require each Subcontractor to make similar payments to
his subcontractors.
Contractor shall provide copies of subcontracts or cosigned
letters of intent with approved M/WBE subcontractors prior to If the Architect refuses to issue a Certificate for Payment for
issuance of the Notice to Proceed. Contractor shall also any cause which is the fault of the Contractor and not the
provide monthly reports on utilization of the subcontractors fault of a particular subcontractor, the Contractor shall pay
to the Construction Manager. that Subcontractor on demand, made at any time after the
Certificate for Payment would otherwise have been issued,
The Contractor may count first and second tier for his Work to the extent completed, less the retained
subcontractors and/or suppliers toward meeting the goals. percentage.
The Contractor may count toward its goal a portion of the
total dollar amount of the contract with a joint venture equal The Contractor shall pay each Subcontractor a just share of
to the percentage of the M/WBE participation in the joint any insurance monies received by the Contractor, and he
venture for a clearly defined portion of the work to be shall require each Subcontractor to make similar payments
performed. All subcontractors used in meeting the goals to his Subcontractors.
must be certified prior to the award of the Contract.
The Architect may,on request and at its discretion,furnish to
Whenever a change order affects the work of an M/WBE any Subcontractor, if practicable, information regarding
subcontractor or supplier, the M/WBE shall be given an percentages of completion certified to the Contractor on
opportunity to perform the work. Whenever a change order account of Work done by such Subcontractors.
is in excess of 10% of the original contract, the M/WBE
coordinator shall determine the goals applicable to the work Neither the Owner nor the Architect shall have any obligation
to be performed under the change order. to pay or to see to the payment of any monies to any
Subcontractor.
During the term of the contract the contractor shall:
SECTION F
1. Make no unjustified changes of deletions in it's M/WBE SEPARATE CONTRACTS
participation commitments submitted with or
subsequent to the bid,and, F-1 OWNER'S RIGHT. The Owner reserves the right
to award separate contracts in connection with other portions
2. If substantial subcontracting and/or substantial supplier of the Work. When separate contract are awarded for other
opportunities arise during the term of the contract which portions of the Work, "the Contractor" in the Contract
the contractor had represented he would perform with Documents in each case shall be the contractor who signs
his forces, the contractor shall notify the City before each separate contract.
subcontracts or purchase orders are let, and shall be
required to comply with modifications to goals as F-2 MUTUAL RESPONSIBILITY OF
determined by the City,and, CONTRACTORS. The Contractor shall afford other
contractors reasonable opportunity for the introduction and
storage of their materials and equipment and the execution
Page 7 of 24
General Conditions for Construction,Fort Worth,6/20/2000
of their work, and shall properly connect and coordinate his G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS.
work with theirs. In performing their duties under the Statutes of the State of
Texas and the Charter and Ordinances of the City of Fort
If any part of the Contractor's Work depends for proper Worth in connection with this Contract, or in exercising any
execution or results upon the work of any other separate of the powers granted the Owner herein,the officers,agents
contractor,the Contractor shall inspect and promptly report and employees of the City of Fort Worth are engaged in the
to the Architect any apparent discrepancies or defects in performance of a governmental function and shall not incur
such work that render it unsuitable for such proper execution any personal liability by virtue of such performance
and results. Failure of the Contractor to inspect and report hereunder,except for gross negligence or willful wrong.
shall constitute an acceptance of the other contractor's work
as fit and proper to receive his Work, except as to defects G-4 COMPLIANCE WITH LAWS. Contractor agrees
which may develop in the other separate contractor's work the comply with all laws, Federal, state and local, including
after the execution of the Contractor's Work. all ordinances, rules and regulations of the City of Fort
Worth, Texas. Materials incorporated into the finished
Should the Contractor cause damage to the work or property Project are not subject to State Sales Tax.
of any separate contractor on the site, the Contractor shall, t
upon due notice, settle with such other contractor by Contractors are responsible for obtaining construction
agreement, if he will so settle. If such separate contractor permits from the governing agencies. Contractor shall
sues the Owner on account of any damage alleged to have schedule all code Inspections with the Code Inspection
been so sustained, the Owner shall notify the Contractor Division in accordance with the permit requirements and i
who shall defend against such suit at the Contractor's submit a copy of updated schedule to the Construction
expense, and if any judgment against the Owner arises manager weekly. Building, plumbing, electrical and
therefrom,the Contractor shall pay or satisfy such judgment mechanical building permits are issued without charge.
and shall reimburse the Owner for all attorney's fees, court Water and sewer access fees will be paid by the City. Any
costs and expenses which the Owner has incurred in other permit fees are the responsibility of the Contractor.
connection with such suit.
G-5 INDEMNIFICATION: Contractor covenants and
F-3 CUTTING AND PATCHING UNDER SEPARATE agrees to indemnify City's engineer and architect, and their
CONTRACT$. The Contractor shall do all cutting, fitting or personnel at the project site for Contractor's sole negligence.
patching of his Work that may be required to fit it to receive In addition, Contractor covenants and agrees to indemnify,
or be received by the work of other contractors shown in the hold harmless and defend, at its own expense, the Owner,
Contract Documents.The Contractor shall not endanger any its officers, servants and employees, from and against any
work or any other contractors by cutting, excavating or and all claims or suits for property loss, property damage,
otherwise altering any work and shall not cut or alter the personal injury, including death, arising out of, or alleged to
work of any other contractor except with the written consent arise out of, the work and services to be performed
of the Architect. hereunder by Contractor, its officers, agents, employees,
subcontractors, licensees or invitees, whether or not any
Any costs caused by defective or ill-timed work shall be suchlnjua& damage or death Is caused. In whole or in
bome by the party responsible therefor. part by the negligence or alleged negligence of Owner.
Its officers. servants. or employees, Contractor likewise
F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute covenants and agrees to indemnify and hold harmless the
arises between the separate contractors as to their Owner from and against any and all injuries to Owner's
responsibility for cleaning up, the Owner may clean up and officers, servants and employees and any damage, loss or
charge the cost thereof to the several contractors as the destruction to property of the Owner arising from the
Director of the Department of Transportation and Public performance of any of the terms and conditions of this
Works shall determine to be just. Contract, whether or not any such Injury or damage is
caused in whole or in part by the negligence or alleged
SECTION G n2glfgence of Owner. Its officers. servants or
MISCELLANEOUS PROVISIONS emglloyees.
G-1 CONFLICT OF LAWS. The law of the place In the event Owner receives a written claim for damages i
where the site is located shall govern the Contract. The against the Contractor or its subcontractors prior to final
Contractor must familiarize himself and strictly comply with payment, final payment shall not be made until Contractor
all Federal, State, and County and City Laws, Statutes, either (a) submits to Owner satisfactory evidence that the
Charter, Ordinances, Regulations, or Directives controlling claim has been settled and/or a release from the claimant
the action or operation of those engaged upon the work involved, or (b) provides Owner with a letter from
affecting the materials used. He shall indemnify and save Contractor's liability insurance carrier that the claim has
harmless the City and all of its officers and agents against been referred to the insurance carrier.
any claim or liability arising from or based on the violation of
any such Laws, Statutes, Charter, Ordinances, Regulations, The Director may, if he deems it appropriate, refuse to
or Directives, whether by himself, his employees, agents or accept bids on other City of Fort Worth public work from a
subcontractors. Contractor against whom a claim for damages is outstanding
as a result of work performed under a City Contract.
G-2 GOVERNING LAWS. It is mutually agreed.and
understood that this agreement is made and entered into by G-6 SUCCESSORS AND ASSIGNS. Except as
the parties hereto with reference to the existing Charter and provided in Paragraph E-2, this contract shall be binding
Ordinances of the City of Fort Worth and the laws of the upon and insure to the benefit of the parties hereto, their
State of Texas with reference to and governing all matters Successors or Assigns.Contractor shall not assign or sublet
affecting this Contract, and the Contractor agrees to fully all or any part of this Contract or his rights or duties
comply with all the provisions of the same. hereunder without the prior written consent of the Owner.
Any such purported assignment or subletting without the
prior written consent of Owner shall be void.
Page 8 of 24
General Conditions for Construction,Fort Worth,6/20/2000
reason to believe that the design, process or product
G-7 WRITTEN NOTICE. Written Notice shall be specified is an infringement of a patent, he shall be
deemed to have been duly served if delivered in person to responsible for such loss unless he promptly gives such
the individual or member of the firm or to an officer of the information to Architect.
corporation for whom it was intended, or if delivered at or
sent by registered or certified mail to the last business G-11 TESTS. If the Contract Documents, Laws,
address known to him who gives the notice. Ordinances, Rules, Regulations or Orders of any public
authority having jurisdiction require any Work to be
G-8 SURETY BONDS: Surety Bonds are required on inspected, tested or approved, the Contractor shall give the
all City contracts in excess of $25,000. The Contractor Architect timely notice of its readiness and the date arranged
agrees, on the submittal of his Proposal to make, execute so the Architect may observe such inspection, testing or
and deliver to said City of Fort Worth good and sufficient approval.The Owner shall bear all costs of such inspection,
surety bonds for the faithful performance of the terms and tests and approvals unless otherwise provided.
stipulations of the Contract and for the payment to all
claimants for labor and/or materials furnished in the If after the commencement of the Work, the Owner or
prosecution of the work, such bonds being as provided and Architect determine that any Work requires special
required in Article 5160 of the Revised Civil Statutes of inspection, testing or approval not included above, the
Texas, as amended, in the form included in the Contract Owner or the Architect, upon written authorization from the
Documents,and such bonds shall be 100 percent of the total Owner, will instruct the Contractor to order such special
contract price, and the said surety shall be a surety inspection,testing or approval,and the Contractor shall give
company duly and legally authorized to do business in the notice as required in the preceding paragraph. If such
State of Texas,and acceptable to the City Council of the City special inspection or testing reveals a failure of the Work to
of Fort Worth. comply(1)with the requirements of the Contract Documents
or (2) with respect to the performance of the work, with
Bonds shall be made on the forms furnished by or otherwise Laws, Statutes, Charter, Ordinances, Regulations or Orders
acceptable to the City. Each bond shall be properly of any public authority having jurisdiction, the Contractor
executed by both the Contractor and the Surety Company. shall bear all costs thereof, including the Architect's
Bonds required by the City shall be in compliance with all additional services made necessary by such costs;
relevant local,state and federal statutes. otherwise the Owner shall bear such costs, and an
appropriate Change Order shall be issued.
To be an acceptable surety on the bond the name of the
surety should be included on the current U.S.Treasury List The Contractor shall secure certificate of inspection, testing
of Acceptable Securities [Circular 570], and must be or approval, and three copies will be promptly delivered by
authorized to do business in Texas. Sureties not listed in him to the Architect.The Architect will review the certificates
Circular 570 may write performance and payment bonds on and forward one copy of each with his recommendation(s)to
a project without reinsurance to the limit of 10 percent of its the Owner.
capital and surplus. Such a surety must reinsure any
obligation over 10 percent. The amount in excess of 10 If the Architect or Owner wish to observe the inspections,
percent must be reinsured by reinsurers who are duly tests or approvals required by this Section, they will do so
authorized, accredited, or trusteed to do business in the promptly and,where practicable,at the source of supply.
State of Texas.
Neither the observations of the Architect or the Owner in
Should any surety for the contracted project be determined their administration of the Construction Contract, nor
unsatisfactory at any time during same, the Contractor shall inspections, tests or approvals by persons other than the
immediately provide a new surety bond satisfactory to the Contractor shall relieve the Contractor from his obligations to
City. perform the Work in accordance with the Contract
Documents.
If the contract amount is less than$25,000,payment shall be
made in one lump sum 30 calendar days after completion G-12 INTERRUPTION OF EXISTING UTILITIES
and acceptance of the work. SERVICES. The Contractor shall perform the work under
this Contract with a minimum of outage time for all utilities.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. Interruption shall be by approved sections of the utility. In
If the Contractor defaults or neglects to cant'out the Work in some cases, the Contractor may be required to perform the
accordance with the Contract Documents or fails to perform work while the existing utility is in service.The existing utility
any provision of the Contract, the Owner may, without service may be interrupted only when approved by the
prejudice to any other remedy he may have, enter the site Owner.When it is necessary to interrupt the existing utilities,
and make good such deficiencies. In such case an the Contractor shall notify the Owner in writing at least ten
appropriate Change Order shall be issued deducting from days in advance of the time that he desires the existing
the payments then or thereafter due the Contractor the cost service to be interrupted.The interruption time shall be kept
of correcting such deficiencies, including the cost of the to a minimum. Depending upon the activities at an existing
Architect's additional services made necessary by such facility that requires continuous service from the existing
default, neglect or failure. If the payments then or thereafter utility, an interruption may not be subject to schedule at the
due the Contractor are not sufficient to cover such amount, time desired by the Contractor. In such cases, the
the Contract shall pay the difference to the Owner. interruption may have to be scheduled at a time of minimum
requirements of demand for the utility. The amount of time
G-10 ROYALTIES AND PATENTS. The Contractor requested by the Contractor of existing utility services shall
shall pay all royalties and license fees. He shall defend all be as approved by the Owner.
suits or claims for infringement of any patent rights and shall
save the Owner harmless from loss on account thereof and G-13 LAYING OUT WORK. The Contractor shall verity
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
Page 9 of 24
General Conditions for Construction,Fort Worth,6/20/2000
adjustment before work affected is performed. Failure to Contractor's operations shall be confined to the immediate
make such notification shall place responsibility upon vicinity of the new work and shall not in any interfere with or
Contractor to cant' out work in satisfactory workmanlike obstruct the ingress or egress to an from existing adjacent
manner at the Contractor's sole expense. facilities.
The Contractor shall be held responsible for the location and Where new site work is to be connected to existing work,
elevation of all the construction contemplated by the special care shall be exercised by the Contractor not to
Construction Documents. disturb or damage the existing work more than necessary.
All damaged work shall be replaced, repaired and restored
Prior to commencing work, the Contractor shall carefully to its original condition at no cost to the Owner.
compare and check all Architectural, Structural, Mechanical
an Electrical drawings;each with the other that in any affects G-18. HAZARDOUS MATERIAL CERTIFICATION: It is
the locations or elevation of the work to be executed by him, the intent of the contract documents, whether expressly
and should any discrepancy be found, he shall immediately stated or not, that nothing containing hazardous materials,
report the same to the Architect for verification and such as asbestos, shall be incorporated in to the project.
adjustment. Any duplication of work made necessary by The contractor shall exercise every reasonable precaution to
failure or neglect on his part to comply with this function shall ensure that asbestos-containing materials are not
be done at the contractors sole expense. incorporated into any portion of the project, including
advising all materials suppliers and subcontractors of this
G-14 MEASUREMENTS: Before ordering any material requirement. The contractor shall verify that components
or doing any work, the Contractor shall verify all containing lead do not contact the potable water supply.
measurements at the site or at the building and shall be
wholly responsible for the correctness of same. No extra G-19 LOCATION OF EQUIPMENT AND PIPING.
charge or compensation will be allowed on account of any Drawing showing location of equipment, piping, ductwork,
difference between actual dimensions and dimensions etc. are diagrammatic and job conditions may not always ■
indicated on the drawings. Any difference which may be permit their installation in the location shown. When this
found shall be submitted to the Architect for consideration situation occurs, it shall be brought to the Architect's
and adjustment before proceeding with the project. attention immediately and the relocation determined in a joint
conference. The Contractor will be held responsible for the y
G-15 EXI$TING OVERHEAD OR UNDERGROUND relocating of any items without first obtaining the Architect's
WORK. The Contractor shall carefully check the site where approval. He shall remove and relocate such items at his
the project is to be erected and observe any existing own expense if so directed by the Architect.Where possible
overhead wires and equipment. Any such work shall be uniform margins are to be maintained between parallel lines
moved, replaced or protected, as required, whether or no and or adjacent wall,floor or ceiling surfaces. M
shown or specified at the contractor's sole expense.
G-20 OVERLQAQIy!Q. The Contractor shall be
Attention is directed to the possible existence of pipe and responsible for loading of any part or parts of structures
other underground improvements that may or may not be beyond their safe carrying capacities by placing of materials, A
shown on the Drawings.All reasonable precautions shall be equipment, tools, machinery or any other item thereon. No
taken to preserve and protect any such improvements toads shall be placed on floors or roofs before they have
whether or not shown on the Drawings. attained their permanent and safe strength.
Location of existing underground lines,shown the Drawings G-21 MANUFACTURER'S INSTRUCTIONS. Where it
are based on the best available sources, but are to be is required in the Specifications that materials, products,
regarded as approximate only. Exercise extreme care in processes, equipment, or the like be installed or applied in
locating and identifying these lines before excavation in accordance with manufacturer's instructions, direction or
adjacent areas. specifications,or words to this effect,it shall be construed to
mean that said application or installation shall be in strict
G-16 A,L IQNIV gNT OF JQINTS IN _FINISH accordance with printed instructions furnished by the
MATERIALS. It shall be the responsibility of the Contractcr manufacturer of the material concerned for use under
to make certain in the installation of jointed floor, wall and conditions similar or those at the job site. Six copies of such
ceiling materials that: instructions shall be furnished to the Architect and his
1. preserve and protect the rights of the Owner and the approval thereof obtained before work is begun.
Architect under the Contract with respect to the Work to G-22 CLEANING UP. The Contractor shall keep the
be performed under the subcontract so that the premises free from accumulation of waste material or
subcontracting thereof will not prejudice such rights; rubbish caused by employees or as a result of the work.
2. Place joints to relate to all opening and breaks in the
structure and be symmetrically placed wherever At completion of work, the General Contractor shall,
possible. This includes heating registers, light fixtures, immediately prior to final inspection of complete building,
equipment,etc. execute the following final cleaning work with trained
janitorial personnel and with material methods
If because of the non-related sizes of the various materials recommended by the manufactures of installed materials.
and locations of openings, etc., it is not possible to
accomplish the above, the Contractor shall request the 1. Sweep and buff resilient floors and base, and vacuum
Architect to determine the most satisfactory arrangement. carpeting.
The Contractor shall establish centerlines for all trades.
2. Dust all metal and wood trim and similar finished
G-17 INTEGRATING EXISTING WORK. The materials.
Contractor shall protect all existing street and other
improvements from damages. 3. Clean all cabinets and=ework.
Page 10 of 24
General Conditions for Construction,Fort Worth,6/20/2000
4. Dust all ceilings and walls.
G-25 CUTTING AND PATCHING Wherever cutting and
5. Dust,and if necessary wash,all plumbing and electrical removal of portions of the existing work is indicated, such
fixtures. work shall be neatly sawed or cut by contractor in a manner
that will produce a neat straight line, parallel to adjacent
6. Wash all glass and similar non-resilient materials, surfaces or plumb for vertical surfaces. Care should be
7. All hardware and other unpainted metals shall be exercised not to damage any work that is to remain.
cleaned and polished and all equipment and paint or At no time shall any structural members be cut without
decorated work shall be cleaned and touched-up if written consent from the Architect.
necessary, and all temporary labels, tags, and paper
coverings removed throughout the buildings. Surfaces G-26 PROJECT CLOSEOUT.
that are waxed shall be polished.
Final Inspection. Record Draw[=: Attention is called to
8. The exterior of the building, the grounds, approaches, General Conditions Section t entitled, 'Payments and
equipment, sidewalks, streets, etc. shall be cleaned Completion."
similar to interior of buildings and left in good order at
the time of final acceptance. All paint surfaces shall be Maintenance Manual:Sheets shall be 8 W x 11",except pull
clean and unbroken, hardware shall be clean and out sheets may be neatly folded to 8'h'x 11".Manuals shall
polished, all required repair work shall be completed be bound in plastic covered, 3 ring, loose leaf binder with
and dirt areas shall be scraped and cleared of weed title of project lettered on front and shall contain:
growth.
1) Name,address and trade of all sub-contractors.
9. Clean all glass surfaces and mirrors of putty, paint
materials, etc., without scratching or injuring the glass 2) Complete maintenance instructions; name, address,
and leave the work bright, clean and polished. Cost of and telephone number of installing Contractor,
this cleaning work shall be borne by Contractor. manufacturer's local representative, for each piece of
operative equipment.
10. Cleaning, polishing, scaling,waxing and all other finish
operations indicated on the Drawings or required in the 3) Catalog data on plumbing fixtures, valves, water
Specifications shall be taken to indicate the required heaters, heating and cooling equipment, temperature
condition at the time of acceptance of all work under the control, fan, electrical panels, service entrance
Contract. equipment and light fixtures.
11. Burning: Burning of rubbish on the premises will not be 4) Manufacturer's name, type, color designation for
permitted. resilient floors, windows, doors, concrete block, paint,
roofing,other materials.
G-23 DUST CONTROL. Precaution shall be exercised
at all times to control dust created as a result of any Submit six copies of Maintenance Manual, prior to request
operations during the construction period. If serious for final payment.
problems or complaints arise due to air-bome dust, or when
directed by the Architect, operations causing such problems Operational Inspection and Maintenance Instruction: The
shall be temporarily discontinued and necessary steps taken Contractor shall provide at his expense, competent
to control the dust. manufacturer's representatives to completely check out all
mechanical and electrical systems and items covered by the
G-24 FIRE PROTECTION. The contractor shall at all Drawings and Specifications. This requirement shall be
times maintain good housekeeping practices to reduce the scheduled just prior to and during the initial start up.After all
risk of fire damage or injury to workmen.All scrap materials, systems are functioning properly the representatives shall
rubbish and trash shall be removed daily from in and about instruct maintenance personnel of the Owner in the proper
the building and shall not be permitted to be scattered on operation and maintenance of each item.
adjacent property.
G-27 GUARANTEE AND EXTENDED GUARANTEE.
Suitable storage space shall be provided outside the Upon completion of the Project, prior to final payment,
immediate building area for storing flammable materials and guarantees required by technical divisions of Specifications
paints; no storage will be permitted in the building. Excess shall be properly executed in quadruplicate by
flammable liquids being used inside the building shall be subcontractors and submitted through the Contractor to
kept in closed metal container and removed from the Architect. Delivery of guarantees shall not relieve Contractor
building during unused periods. from any obligation assumed under Contract.
A fire extinguisher shall be available at each location where The Contractor shall guarantee the entire Project for one
cutting or welding is being performed. Where electric or gas year. In addition, where separate guarantees, for certain
welding or cutting work is done, interposed shields of portions of work,are for longer periods,General Contractor's
incombustible material shall be used to protect against fire guarantee shall be extended to cover such longer periods.
damage due to sparks and hot metal. When temporary Manufacturer's extended warrantees shall be included in this
heating devices are used, a watchman shall be present to contract.
cover periods when other workmen are not on the premises.
Guarantees shall become valid and operative and
The Contractor shall provide fire extinguishers in accordance commence upon issuance of Certificate of Inspection and
with the recommendations and NFPA Bulletins Nos. 10 and Acceptance by Owner. Guarantees shall not apply to work
241. However, in all cases a minimum of two fire where damage is result of abuse, neglect by Owner or his
extinguishers shall be available for each floor of successor(s)in interest.
construction.
r
Page 11 of 24
General Conditions for Construction,Fort Worth,6/20/2000
a
The Contractor agrees to warrant his work and materials
provided in accordance with this contract and the terms of G-30 CONSTRUCTION FENCE. At the Contractor's
the Technical Specifications contained herein. Unless option, he may provide a substantial chain-link construction
supplemented by the Technical Specifications or the fence around all or a part of the site. The fences and gates
manufacturers normal extended warrantees, the Contractor must be maintained throughout the construction period.
shall warrant all work materials, and equipment against Remove the fences and gates upon completion of the
defects for a period of one year from the date of final Project and restore the site to the required original or
acceptance. The Contractor further agrees to bear all costs contract condition.
of making good all work that is found to be defective or not
provided in accordance with the Contract Documents. G-31 PRODUCT DELIVERY STORAGE, HANDLING.
Additionally if the facility or contents are damaged due to The Contractor shall handle,store and protect materials and
defective materials or workmanship of the Contractor, the products, including fabricated components, by methods and r
Contractor further agrees to bear all cost of repairing and/or means which will prevent damage, deterioration and loss,
replacing damaged items and components to bring such including theft (and resulting delays), thereby ensuring
items back to at least their original condition. highest quality results as the work progresses. Control
delivery schedules so as to minimize unnecessary long-term
G-28 Y2K COMPLIANCE REQUIREMENTS The storage at project site prior to installation.
Contractor warrants that each hardware, software and
firmware product delivered for incorporation into the Work be G-32 REMOVAL OF SALVAGED MATERIAL. The
able to accurately process date/time data between the years Contractor shall remove salvaged material and equipment
1999 and 2000, including leap year calculations and as from the Project site and dispose of it in accordance with the I
described below: law. Equipment or material identified in the Specifications or
1. Date/time data between the information Plans for Owner salvage shall be carefully removed and
technology incorporated into the Work shall transfer delivered to the Owner at any location in within the City limits
accurately to and from information technology purchased as directed by the City.
separately from the Work but intended to be used in
association with warranted products or systems. G-33 MANUFACTURER'S REFERENCE: Catalog,
2. Where the contract documents require that brand names,and manufacturer's references are descriptive,
products must perform as a system with respect to date/time not restrictive. Bids on brands of like nature and quality will
data transfer, the warranty described herein applies to the be considered. Contractor shall inform the City of any
performance of the system rather than to individual products. substitutions intended for the project within 5 business days
3. The duration of this warranty and the remedies of bid opening. Failure to inform the City of substitute
available to the Owner for the breach of this warranty shall projects will obligate the contractor to provide the specified
be as defined in and subject to, the terms and limitations of material if awarded the contract. Within 14 days after bid
the Contractor's standard commercial warranty or opening and upon request of the architect or contractor, the
warranties. contractor will submit a full sized sample and/or detailed
4. The remedies available to the Owner under this information as required to allow the architect to determine
warranty shall include repair or replacement of any product the acceptability of proposed substitutions. Where
or system whose noncompliance is discovered and made equipment has been listed as "no substitute accepted", the
known to the Contractor, in writing,within one year following City will accept no alternates to the specified equipment.
the date of substantial completion.
5. Nothing in the provisions of this warranty shall be SECTION H
construed to limit any rights or remedies the Owner may CONTRACT TIME
have with respect to defects discovered in the Work not
related to compliance requirements of this section. H-1 DEFINITIONS. The Contract Time is the period of
time allotted in the Contract Documents for completion of the
The contractor agrees to correct defective Work within a one Work.
year period after Date of Substantial Completion, and
provide one year warranty for accurate transfer of date/time The date of commencement of the Work is the date
data between the years 1999 and 2000 as described within established in the Notice to Proceed. If there is no notice to
this section. proceed, it shall be the date of the Agreement or such other
date as may be established therein.
G-29 RECORD DRAWINGS. Upon completion of the
Work and prior to application for final payment, one print of The Date of Substantial Completion of the Work or
each of the drawings accompanying this specification shall designated portion thereof is the Date certified by the
be neatly and clearly marked in red by the Contractor to Architect with the approval of the Owner that construction is
show variations between the construction actually provided sufficiently complete, in accordance with the Contract
and that indicated or specified in the Contract Documents. Documents, so the Owner may occupy the Work or
The annotated documents shall be delivered to Architect. designated portion thereof for the use for which it is
Where a choice of materials and/or methods is permitted intended. Final acceptance of the completed work or any
herein and where variations in the scope or character of the portion thereof can be made only by the City Council of the
work from the entire work indicated or specified are City of Fort Worth or it's designated Assistant City Manager,
permitted either by award of bidding items specified for that and no other form of acceptance will be binding upon the
purpose, or by subsequent change to the drawings, the Owner.
record drawings shall define the construction actually
provided. The representation of such variations shall A calendar day constitutes 24 hours of time and is any one
conform to standard drafting practice and shall include of the seven days of a week,including Sunday,regardless of
supplementary notes, legends and details which may be whether a "Working Day"or not, and regardless of weather
necessary for legibility and clear portrayal of the actual conditions or any situation which might delay construction.
construction.The record drawings shall indicate, in addition, An extension of contract time shall be in accordance with
the actual location of all sub-surface utility lines, average this Section. Extensions of time will be as recommended by
depth below the surface and other appurtenances. the Architect with final approval by City of Fort Worth.
Page 12 of 24
General Conditions for Construction,Fort Worth,6/20/2000
1-2 SCHEDULE OF VALUES. Before the first
A working day is defined as a calendar day, not including Applicable for Payment, the Contractor shall submit to the
Saturdays,Sundays,and legal holidays,in which weather or Architect a Schedule of Values of the various portions of the
other conditions not under the control of the Contractor Work, including quantities if required by the Architect,
permit the performance of work for a continuous period of aggregating the total Contract Sum,divided so as to facilitate
not less than seven hours between 7:00 a.m.and 6:00 p.m. payments to Sub-contractors, prepared in such form as
However, nothing in these Contract Documents shall be specified or as the Architect and the Contractor may agree
construed as prohibiting the Contractor from working on upon, and supported by such data to substantiate its
Saturdays if he so desires. Should the Contractor choose to correctness as the Architect may require. Each item in the
work on Saturdays, one day will be charged as contract- Schedule of Values shall include its proper share of
working time when weather or other conditions permit seven overhead and profit This Schedule, when approved by the
hours of work as delineated above. Legal holidays are Architect and the Owner, shall be used as a basis for the
defined as being New Year's Day, Independence Day,Labor Contractor's Applications for Payment.
Day,Thanksgiving Day, Christmas Day, Memorial Day, and
Veteran's Day. 1-3 ADJUSTMENT OF QUANTITIES. Where unit
prices and estimated quantities are used to compute the
H-2 PROGRESS AND COMPLETION. All the time contract amount, the Owner may increase the quantities by
limits stated in the Contract Documents are of essence to an amount that is 20%of the total cost for that section. Unit
the Contract. prices for adjustments to unit quantities in excess to 20%
may be negotiated at the request of either party.
The Contractor shall begin the Work on the date of
commencement as defined in this Section.He shall carry the 1-4 PROGRESS PAYMENTS. On the first day of
Work forward expeditiously with adequate forces and shall each month after the first month's work has been completed,
complete it within the Contact Time. the Contractor will make current estimates in writing for
review by the Architect of materials in place complete and
H-3 DELAYS AND EXTENSIONS OF TIME. If the the amount of work performed during the preceding month or
Contractor is delayed at any time in the progress of the Work period and the value thereof at the prices contracted for as
by any act or neglect of the Owner or the Architect,or by any shown on the approved Schedule of Values and Progress
employee of the Owner, or by any separate contractor Schedule.
employed by the Owner, or by any separate contractor
employed by the Owner,or by changes ordered in the Work, If payments are to be made on account of materials or
or by labor disputes, fire, unusual delay in transportation, equipment not incorporated in the Work but delivered and
unavoidable casualties or any causes beyond the suitably stored at the site or in an independent, bonded
Contractor's control, or by any cause which the Architect warehouse such payments shall be conditioned upon
determines may justify the delay,then the contract time may submission by the Contractor of bills of sale or such other
be extended by Change Order for such reasonable time as procedures satisfactory to the Owner to establish the
recommended by the Architect and approved by the Owner. Owner's title to such materials or equipment or otherwise
When the Contractor is delayed due to abnormal weather protect the Owner's interest including applicable insurance
conditions, the weather table provided as WT-1 in these and transportation to the site.
Contract Documents shall be used as the basis for providing
a fair and equitable adjustment of the contract time. The Contractor warrants and guarantees that title to all
Work, materials and equipment covered by an Application
All claims for extension of time shall be made in writing to for Payment,whether incorporated in the Project or not, will
the Architect no more than fifteen days after the occurrence pass to the Owner upon the receipt of such payment by the
of the delay;otherwise they shall be waived. Contractor, free and clear of all liens, claims, security
interests or encumbrances hereinafter referred to as"liens";
If no schedule or agreement is made stating the dates upon and that no Work, materials or equipment covered by an
which written interpretations shall be furnished, then no Application for Payment will have been acquired by the
claim for delay shall be allowed on account of failure to Contractor, or by any other persons performing the Work at
furnish such interpretation until fifteen days after demand is the site or furnishing materials and equipment for the Work,
made for them, and not then unless such a claim is subject to an agreement under which an interest therein or
reasonable. an encumbrance thereon is retained by the seller or
otherwise imposed by the Contractor or such other person.
H-4 NO DAMAGE FOR DELAY. No payment,
compensation or adjustment or any kind (other than the The Contractor shall prepare each application for payment
extensions of time provided for) shall be made to the on AIA Document G702, "Application and Certificate for
contractor for damages because of hindrances or delays Payment", and attached thereto AIA Document G703,
from an cause in the progress of the work, whether such "Continuation Sheet", to indicate the progress made to date
hindrances or delays be avoidable or unavoidable, and the and the period or month for which payment is requested for
- contractor agrees that he will make no claim for each Item listed in the Schedule of Values. A copy of the
compensation,damages or mitigation of liquidated damages revised monthly work progress schedule must be attached
for any such delays, and will accept in full satisfaction for before the pay request can be accepted.
such delays said extension of time.
1-5 CERTIFICATES FOR PAYMENT. If the
SECTION I Contractor has made Application for Payment as above,the
PAYMENTS AND COMPLETION above,the Architect will,with reasonable promptness but not
more than seven days after the receipt of the Application,
1-1 CONTRACT SUM. The Contract Sum is stated in prepare a Certificate of Payment, with a copy to the
the proposal as accepted and is the total amount payable by Contractor,for such amount determined to be properly due,
the Owner to the Contractor for the performance of the Work or state in writing reasons for withholding a Certificate.
under the Contract Documents.
Page 13 of 24
General Conditions for Construction,Fort Worth,6/20/2000
a
The issuance of a Certificate for Payment will constitute a them.The Owner reserves the right to withhold the payment
representation by the Architect to the Owner, based on the of any monthly estimate, without payment of interest, if the
Architect's observations at the site and the data comprising Contractor fails to perform the Work in accordance with the
the Application for Payment, that the Work has progressed specifications or instructions of the Architect.
to the point indicated; that the quality of the Work is in
accordance with the Contract Documents (subject to an 1-7 UNRESOLVED CLAIMS: In the event a written
evaluation of the Work as a functioning whole upon claim for damages against the Contractor or its subcon-
Substantial Completion, to the results of any subsequent tractors remains unsettled at the time all work on the project I
tests required by the Contract Documents, to minor has been completed to the satisfaction of the Director of the
deviations from the Contract Documents correctable prior to Transportation and Public Works Department,as evidenced
completion, and to any specific qualifications stated in the by a final inspection, final payment to the Contractor shall
Certificate); and recommendations to the Owner that the not be recommended by the Director of the Transportation r
Contractor be paid in the amount certified. In addition, the and Public Works Department for a period of 30 days after
Architect's approval of final payment assures the Owner that the date of such final inspection, unless the Contractor shall
the conditions precedent to the Contractor's being entitled to submit written evidence satisfactory to the Director that the
final payment as set forth in this Section have been fulfilled. claim has been settled and a release has been obtained
from the claimant involved.
After the Architect has issued a Certificate for Payment, the
Owner shall approve or disapprove same within ten days Although the claim concerned remains unsettled at the
after it has been delivered to the Director of the Department expiration of the above 30-day period,the Contractor may be
of Transportation and Public Works. For contracts less than deemed to be entitled to a semi-final payment for work
$400,000,Owner shall pay 90%of the approved estimate to completed, such semi-final payment to be in an amount
the Contractor within seven days after its approval, and the equal to the total dollar amount then due less the dollar
remaining 10%of each such estimate will be retained by the value of any written claims pending against the Contractor
Owner until the final estimate is approved and the Work is arising out of the performance of such work, and such
accepted by the City Council of the City of Fort Worth. For semi-final payment may then be recommended by the
contracts in excess of$400,000, the Owner will retain only Director.
5%of each estimate until the final estimate is approved and
work accepted by the City Council of the City of Fort Worth. The Director shall not recommend final payment to a
Contractor against whom such a claim for damages is
No Certificate for a progress payment, nor any progress outstanding for a period of six months following the date of
payment, nor any partial or entire use or occupancy of the the acceptance of the work performed unless the Contractor
Project by the Owner,shall constitute an acceptance of any submits evidence in writing satisfactory to the Director that:
Work not in accordance with the Contract Documents, or
relieve the Contractor of liability in respect to any warranties 1) The claim has been settled and a release has been
or responsibility for faulty materials or workmanship. The obtained from the claimant involved,or
Contractor shall promptly remedy any defects in the Work
and pay for any damage to other work resulting therefrom 2) Good faith efforts have been made to settle such out-
that shall appear within a period of one year from the date of standing claims,and such good faith efforts have failed.
final acceptance of the Work unless a longer period is
specified. If condition(1)above is met at any time within the six-month
period, the Director shall recommend that the final payment
1-6 PAYMENTS WITHHELD. The Architect may to the Contractor be made. If condition (2) above is met at
decline to approve an Application for Payment and may any time within the six-month period, the Director may
withhold his Certificate in whole or in part if in his opinion he recommend that the final payment to the Contractor be
is unable to make the representations to the Owner as made.At the expiration of the six-month period the Director
provided in this Section. The Architect may also decline to may recommend that final payment be made if all other work
approve any Applications for Payment or, because of has been performed and all other obligations of the
subsequently discovered evidence or subsequent Contractor have been met to the satisfaction of the Director.
inspections, may nullify the whole or any part of any
Certificate for Payment previously issued to such extent as The Director may, if he deems it appropriate, refuse to
may be necessary in his opinion to protect the Owner from accept bids on other Transportation and Public Works
loss because of: Department contract work from a Contractor against whom a
1) defective work not remedied; claim for damages is outstanding as a result of work
performed under a City contract.
2) claims filed or reasonable evidence indicating probable r
filing of claims; 1-8 LIQUIDATED DAMAGES: The deduction for
liquidated damages shall be as follows:
3) failure of the Contractor to make payments properly to
Subcontractors,or for labor,materials or equipment; Amount of Contract Liquidated Damages Per Day
e
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
5) damage to another contractor; $25,001 to $50,000 $105
$50,001 to $100,000 $154
6) reasonable indication that the Work will not be $100,000 to $500,000 $210
completed within the Contract Time;or $500,001 to$1,000,000 $315
7) Unsatisfactory prosecution of the Work by the $1,000,001 to$2,000,000 $420
Contractor. $2,000,001 to$5,000,000 $630
$5,000,001 to$10,000,000 $840
When such grounds for the refusal of payment are removed, over$10,000,000 $980
payment shall be made for amounts withheld because of
Page 14 of 24
General Conditions for Construction,Fort Worth,6/20/2000
1-9 FAILURE OF PAYMENT If, without fault on the If any Subcontractor, materialman or laborer refuses to
part of the Contractor, the Architect should fail to issue any furnish a release or waiver required by the Owner, the
Certificate for Payment within seven days after receipt of the Contractor may,at the election of the Owner,furnish a bond
Contractor's Application for Payment, if the Contractor's satisfactory to the Owner to indemnify him against any right,
Application for Payment,or if,without fault on the part of the claim or lien which might be asserted by such Subcontractor,
Contractor, the Owner should fail to approve such estimate materialman or laborer. If any such right, claim or lien
or to pay to the Contractor 90%or 95%(as applicable)of the remains unsatisfied after all payments are made. The
amount thereof within the period of time specified, then the Contractor shall refund to the Owner all monies that the
Contractor may, upon seven (7) days additional written latter may be compelled to pay to discharging such right,
notice to the Owner and to the Architect,stop the Work until claim or lien, including all costs and reasonable attorney's
payment of the amount owing has been received. fees.
1-10 SUBSTANTIAL COMPLETION AND FINAL The acceptance of final payment shall constitute a waiver of
PAYWIENT Prior to the request for final payment, the all claims by the Contractor except those previously made in
Contractor must meet afl provisions for Project Closeout. writing and still unsettled.
When the Contractor determines that the Work or a
designated portion thereof acceptable to the Owner is 1-11 FINAL PAYMENT FOR UN-BONDED
substantially complete, the Contractor shall prepare the PROJECTS. Final payment will not be made for a period of
submission to the Architect a list of items to be completed or 30 calendar days and until all requirements of 1-10 have
corrected.The failure to include any items on such list does been met,with the exception of Consent of Surety for Final
not alter the responsibility of the Contractor to complete all Payment.
Work in accordance with the Contract Documents.When the
Architect,on the basis of an inspection, determines that the
Work is substantially complete, he then will prepare a SECTION J
Certificate of Substantial Completion (G704) which, when PROTECTION OF PERSONS AND PROPERTY
approved by the Owner, shall establish the Date of
Substantial Completion,shall state the responsibilities of the J-1 SAFETY T PRECAUTIONS AND PROGRAMS The
Owner and the Contractor for maintenance, heat, utilities, Contractor shall be responsible for initiating,maintaining and
and insurance, and shall fix the time within which the supervising all safety precautions and programs in
Contractor shall complete the items listed therein, said time connection with the Work. The Contractor shall designate a
to be within the Contract time unless extended. responsible member of his organization at the site whose
duty shall be the prevention of accidents. This person shall
Upon receipt of written notice that the Work is ready for final be the Contractor's superintendent unless otherwise
inspection and acceptance and upon receipt of a final designated in writing by the Contractor to the Architect.
Application for Payment and upon receipt of a final
application for payment, providing the record drawings have J-2 SAFETY OF PERSONS AND PROPERTY. The
been received by the Architect, the Architect will conduct Contractor shall take all reasonable precautions for the
such test and/or inspections as he deems necessary, and if safety of, and shall provide all reasonable protection to
in his opinion the Work has been completed in accordance prevent damage,injury or loss to:
with the Contract Documents, the Architect will promptly
issue a final Certificate of Substantial Completion stating that (1) all employees on the Work and all other persons who
to the best of his knowledge, information and belief, and on may be affected thereby;
the basis of his observations and inspections, the Work has
been completed in accordance with the terms and conditions (2) all the Work and all materials and equipment to be
of the Contract Documents and that the entire balance found incorporated therein, whether in storage on or-off the
to be due the Contractor is due and payable. Final site,under the care,custody or control of the Contractor
acceptance can be made by the City Council of the City of or any of his Subcontractors or Sub-contractors;and
Fort Worth or it's designated representative, and no other
form of acceptance will be binding upon the Owner. Final (3) other property at the site or adjacent thereto, including
payment and release of the retainage amount will become trees, shrubs, lawns, walks, pavements, roadways,
due within fifteen days following approval of the City Council structures and utilities not designated for removal,
of the City of Fort Worth in accepting the work as complete. relocation or replacement in the course of construction.
Neither the final payment nor the remaining retained Until acceptance of the Work, it shall be under the charge
percentage shall become due until the Contractor submits to and care of the Contractor, and he shall take every
the Architect: precaution against injury or damage to the Work by the
action of the elements or from any other cause whatsoever,
1) Contractor's Affidavit of Payment of Debts and Claims whether arising from the execution or from the non-execution
(G706) stating that all payrolls, bills for materials and of the Work.The Contractor shall rebuild,repair,restore and
equipment,and other indebtedness connected with the make good, at his own expense, all injuries or damages to
Work for which the Owner or his property might in any any portion of the Work occasioned by any of the above,
way be responsible, have been paid or otherwise caused before its completion and acceptance.
satisfied,
2) Consent of Surety to Final Payment (13707), if any, to The Contractor shall comply with all applicable Laws,
final payment, Ordinances, Rules, Regulations and Orders of any public
3) Contractor's Affidavit of Release of Liens(G706A),and, authority having jurisdiction for the safety of persons or
4) Other data establishing payment or satisfaction of all property or to protect them from damage, injury or loss. He
such obligations, such as receipts, releases and shall erect and maintain, as required by existing conditions
waivers of liens arising out of the Contract,to the extent and progress of the Work, all reasonable safeguards for
and in such form as may be designated by the Owner. safety and protection, including posting danger signs and
other warnings against hazards, promulgating safety
Page 15 of 24
General Conditions for Construction,Fort Worth,6/20/2000
regulations and notifying owners and users of adjacent perform work on the project until such certificate
utilities. has been acquired. Contractor shall provide a
copy of all such certificates to the Owner(City). i
When the use or storage of explosives or other hazardous
materials or equipment is necessary for the execution of the c) By signing this contract or providing or causing to
Work, the Contractor shall exercise the utmost care and be provided a certificate of coverage, the
shall carry on such activities under the supervision of contractor is representing to the City that all
properly qualified personnel. employees of the contractor who will provide
services on the project will be covered by worker's
All damage or loss to any property referred to in the compensation coverage for the duration of the
preceding paragraphs caused in whole or in part by the project,that the coverage will be based on proper
Contractor, any Subcontractor, or anyone directly or reporting of classification codes and payroll a
indirectly employed by any of them,or by anyone for whose amounts,and that all coverage agreements will be
acts any of them may be liable, shall be remedied by the filed with the appropriate insurance carrier or, in
Contractor, including damage or loss attributable to faulty the case of a self-insured,with the Texas Worker's
Drawings or Specifications and acts or omissions of the Compensation Commission's Division of Self-
Architect or anyone employed by him or for whose acts he Insurance Regulation. Providing false or
may be liable, and not attributable to the fault or negligence misleading information may subject the contractor
of the Contractor or anyone claiming through the Contractor to administrative penalties, criminal penalties, civil
for such damage or loss. penalties or other civil actions.
d) The contractor's failure to comply with any of these
The Contractor shall not load or permit any part of the Work provisions is a breach of contract by the contractor
to be loaded so as to endanger its safety. which entitles the City to declare the contract void
if the contractor does not remedy the breach within
J-3 HARD HATS. Hard Hats will be required at all ten days after receipt of notice of breach from the
construction sites included in this Contract from start to City.
completion of work. Each Contractor, employee and visitor
at any construction site included in the Contract will be 2) Definitions:
required to wear a hard hat.The Contractor shall enforce the
wearing of hard hats by Contractor, employees and visitors. a) Certificate of coverage ("certificate"). A copy of a
These requirements are in addition to the Accident certificate of insurance,a certificate of authority to
Prevention Clause in the General Conditions of the Contract. self-insure issued by the Texas Workers'
Contractor shall provide ten hard hats for use by the Compensation Commission, or a coverage
consulting Architects and Engineers and visitors. agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers'
J-4 EMERGENCIES. In any emergency affecting the compensation insurance coverage for the person's
safety of persons or property, the Contractor shall act at his or entitys employees providing services on a
discretion to prevent threatened damage, injury or loss.Any project,for the duration of the project
additional compensation or extension of time claimed b the
p y b) Duration of the Project. Includes the time from the
Contractor on account of emergency work shall be beginning of the work on the project until the
determined as provided in Changes in the Work. contractoes/person's work on the project has been
SECTION K-INSURANCE
completed and accepted by the City.
r
c) Persons providing services on the project
K-1 Insurance Reauired. The Contractor shall not ("subcontractor' in section 406.096)-includes all
commence work under this Contract until he has obtained all persons or entities performing all or part of the
insurance required under this Section and such insurance services the contractor has undertaken to perform e
has been approved by the City of Fort Worth, nor shall the on the project, regardless of whether that person
Contractor allow any Subcontractor to commence work to be contracted directly with the contractor and
performed under this Contract until all similar insurance of regardless of whether that person has employees.
the Subcontractor has been so obtained and approved. This includes, without limitation, independent
contractors, subcontractors, leasing companies, r
motor carriers,owner-operators,employees of any
K-2 Workers'Compensation Insurance: such entity, or employees of any entity which
1) General furnishes persons to provide services on the
project. "Services" include, without limitation, r
a) Contractor's Worker's Compensation Insurance. providing, hauling, or delivering equipment or
Contractor agrees to provide to the Owner(City)a materials, or providing labor, transportation, or
certificate showing that it has obtained a policy of other services related to a project. `Services"
workers compensation insurance covering each of does not include activities unrelated to the project,
its employees employed on the project in such as food/beverage vendors, office supply
compliance with state law. No Notice to Proceed deliveries,and delivery of portable toilets.
will be issued until the Contractor has complied g) Requirements
with this section.
b) Subcontractor's Worker's Compensation a) The contractor shall provide coverage, based on $
Insurance. Contractor agrees to require each and proper reporting of classification codes and payroll
every subcontractor who will perform work on the amounts and filing of any coverage agreements,
project to provide to it a certificate from such which meets the statutory requirements of Texas
subcontractor stating that the subcontractor has employees of the contractor providing Labor Code, Section 401.01144 for all
policy of workers compensation insurance services of covering each employee employed on the project. the project,for the duration of the project.
Contractor will not permit any subcontractor to
Page 16 of 24
General Conditions for Construction,Fort Worth,6/20/2000
b) The Contractor must provide a certificate of (1) a certificate of coverage, prior to the
coverage to the governmental entity prior to being other person beginning work on the
awarded the contract. project;and
c) If the coverage period shown on the contractor's (2) a new certificate of coverage showing
current certificate of coverage ends during the extension of coverage, prior to the end
duration of the project,the contractor must,prior to of the coverage period, if the coverage
the end of the coverage period, file a new period shown on the current certificate
certificate of coverage with the City showing that of coverage ends during the duration of
coverage has been extended. the project;
d) The contractor shall obtain from each person v) retain all required certificates of coverage on
providing services on a project,and provide to the file for the duration of the project and for one
City: year thereafter.
i) a certificate of coverage, prior to that person vi) notify the City in writing by certified mail or
beginning work on the project, so the personal delivery, within ten (10) days after
governmental entity will have on file the person knew or should have known, of
certificates of coverage showing coverage for any change that materially affects the
all persons providing services on the project; provision of coverage of any person providing
and services on the project;and
ii) no later than seven days after receipt by the vii) contractually require each person with whom
contractor, a new certificate of coverage it contracts, to perform as required by
showing extension of coverage, if the paragraphs h-i) - vii), with the certificates of
- coverage period shown on the current coverage to be provided to the person for
certificate of coverage ends during the whom they are providing services.
duration of the project.
4) Posting of Required Worker's Compensation Coverage.
e) The contractor shall retain all required certificates
of coverage for the duration of the project and for a) The contractor shall post a notice on each project
one year thereafter, site informing all persons providing services on the
project that they are required to be covered, and
f) The contractor shall notify the City in writing by stating how a person may verify current coverage
certified mail or personal delivery, within ten (10) and report failure to provide coverage.This notice
days after the contractor knew or should have does not satisfy other posting requirements
known, of any change that materially affects the imposed by the Texas Worker's Compensation Act
provision of coverage of any person providing or other Texas Worker's Compensation
services on the project Commission rules. This notice must be printed
g) The contractor shall post on each project site a with a title in at least 30 point bold type and text in
at least 19-point normal type, and shall be in both
notice, in the text,form and manner prescribed by Compensation Commission, English and Spanish and any other language
the Texas Worker's Com
� common to the worker population. The text for the
informing all persons providing services on the notices shall be the following text, without any
project that they are required to be covered, and additional words or changes:
stating how a person may verify coverage and
report lack of coverage. "REQUIRED WORKER'S
h) The contractor shall contractually require each COMPENSATION COVERAGE
person with whom it contracts to provide services The law requires that each person
on a project,to: working on this site or providing services
related to this construction project must
i) provide coverage, based on proper reporting
on the classification codes and payroll a roll covered by worker's compensation
insurance. This incudes persons
amounts and filing of any coverage providing, hauling, or delivering
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
Page 17 of 24
General Conditions for Construction,Fort Worth,6/20/2000
Project, whether such operations be by himself or by any 2) Applicable insurance policies shall each be endorsed
Subcontractor or by anyone directly or indirectly employed with a waiver of subrogation in favor of the City of Fort
by either of them and the limits of such insurance shall be Worth.
not less than the following:
3) Insurers of polices maintained by Contractor and its
1) Automobile Liability: $1,000,000 each accident, or subcontractor(s),if applicable,shall be authorized to do
reasonably equivalent split limits for bodily injury and business in the State of Texas, or otherwise approved
property damage. Coverage shall be on "any auto" by the City of Fort Worth,and such shall be acceptable
including leased, hired, owned, non-owned and to the City of Fort Worth insofar as their financial
borrowed vehicles used in connection with this strength and solvency are concerned. Any company
Contract through which the insurance is placed must have a
rating of at least A:VII,as stated in current edition of A.
2) Commercial General Liability: $1,000,000 each M. Best's Key Rating Guide. At the City's sole
occurrence. Coverage under the policy shall be as discretion,a less favorable rate may be accepted by the
comprehensive as that provided in a current Insurance City.
Services Office (ISO) policy form approved for use in
Texas and the policy shall have no exclusions by 4) Deductible limits on insurance policies and/or self
endorsement unless such are approved by the City. insured retentions exceeding $10,000 require approval
3) Asbestos Abatement Liability Insurance: When the of the City of Fort Worth as respects this Contract.
Project specifically requires the removal of Asbestos
Containing Materials, the Contractor, or subcontractor 5) The City of Fort Worth shall be notified in writing a 1
performing the removal, shall be required to maintain minimum of thirty days prior to an insurer's action in the
Asbestos Abatement Liability Insurance as follows: event of cancellation, non-renewal or material change
$1,000,000 per occurrence;$2,000,000 aggregate limit. in coverage regarding any policy providing insurance
The coverage shall include any pollution exposure, coverage required in this Contract.
including environmental impairment liability, associated
with the services and operations performed under this 6) Full limits of insurance shall be available for claims
contract in addition to sudden and accidental arising out of this Contract with the City of Fort Worth.
contamination or pollution liability for gradual emissions
and clean-up costs. 7) The Contractor shall provide certificates of insurance to
the City prior to commencement of operations pursuant
K-4 BUILDER'S RISK INSURANCE. to this Contract. Any failure on part of the City of Fort
Worth to request such documentation shall not be
Unless stated otherwise in the Proposal or Invitation, the construed as a waiver of insurance requirements
Contractor shall procure, pay for and maintain at all times specified herein.
during the term of this Contract, Builder's Risk Insurance
against the perils of fire,lightning,windstorm,hurricane,hail, 8) The City of Fort Worth shall be entitled, upon request
riot, explosion, civic commotion, smoke, aircraft, land and without incurring expense, to review the insurance
vehicles,vandalism, and malicious mischief, at a limit equal policies including endorsements thereto and, at its r
to 100%of the Contract Sum. discretion, to require proof of payment for policy
premiums.
The policy shall include coverage for materials and supplies
while in transit and while being stored on or off site. If g) The City of Fort Worth shall not be responsible for i
specifically required in the Instructions to Bidders,the policy paying the cost of insurance coverages required herein.
shall include coverage for flood and earthquake. Different
sub-limits for these coverages must be approved by the City. 10) Notice of any actual or potential claim and/or litigation
that would affect insurance coverages required herein
Consequential damage due to faulty workmanship and/or shall be provided to the City in a timely manner.
design performed by the Contractor or his agents shall be
covered. 11) "Other insurance" as referenced in any policy of
insurance providing coverages required herein shall not
Upon completion of the Work, the Contractor shall notify the apply to any insurance policy or program maintained by
City of Fort Worth in writing before terminating this the City of Fort Worth.
insurance.
12) Contractor shall agree to either require its
K-5 PROOF OF CARRIAGE OF INSURANCE. The subcontractors to maintain the same insurance
Contractor shall provide a certificate of insurance coverages and limits thereof as specified herein or the
documenting the Transportation and Public Works Contractor shall provide such coverage on the
Department.City of Fort Worth as a"Certificate Holder",and Contractor's subcontractors.
noting the specific project(s) covered by the Contractor's
insurance as documented on the certificate of insurance. SECTION L
More than one certificate may be required of the Contractor CHANGES IN THE WORK
depending upon the agents an/or insurers for the
Contractor's insurance coverages specified for the project(s). L-1 CHANGE ORDER. The Owner, without
invalidating the Contract, may order Changes in the Work •
K-6 OTHER INSURANCE RELATED within the general scope of the Contract consisting of
REQUIREMENTS. additions, deletions or other revisions, the Contract Sum
and the Contract Time being adjusted accordingly.All Such
1) The City of Fort Worth shall be an additional insured,by Changes in the Work shall be authorized by Change Order,
endorsement,on all applicable insurance policies. and shall be executed under the applicable conditions of the
Contract Documents.
Page 18 of 24
General Conditions for Construction,Fort Worth,6/20/2000
A Change Order is a written order to the Contractor signed contemplated are so changed in a proposed Change Order
by the Contractor, Owner and the Architect, issued after the that application of the agreed unit prices to the quantities of
execution of the Contract,authorizing a Change in the Work Work proposed will create a hardship on the Owner or the
or adjustment in the Contract Sum or the Contract Time.The Contractor, the applicable unit prices shall be equitably
Contract Sum and the Contract Time may be changed only adjusted to prevent such hardship.
by Change Order.
If the Contractor claims that additional cost or time is
Any changes in work required due to changed or unforeseen involved because of (1) any written interpretation issued
conditions,or by request of either the Contractor or the City, pursuant to Section A, (2) any order by the Architect or
shall be coordinated with the Director, Department of Owner to stop the Work pursuant to Section B, where the
Transportation and Public Works. A change order must be Contract was not at fault,or(3)any written order for a minor
written and duly negotiated and executed prior to performing change in the Work,the Contractor shall make such claim.
changed work.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If
The cost or credit to the Owner resulting from a Change in the Contractor wishes to make a claim for an increase in the
the Fort Worth shall be determined in one or more of the Contract Sum or an extension in the Contract Time, he shall
following ways: give the Architect written notice thereof within a reasonable
time after the occurrence of the event that gave rise to such
1) by mutual acceptance of a lump sum property itemized, claim. This notice shall be given by the Contractor before
including the allowance to Contractor for overhead and proceeding to execute the Work, except in an emergency
profit stipulated in the original contract proposal; endangering life or property in which case the Contractor
shall proceed in accordance with Section J. No such claim
2) by unit prices stated in the Contract Documents or shall be valid unless so made. Any change in the Contract
subsequently agreed upon;or Sum or Contract Time resulting from such claim,if approved
by the Owner,shall be authorized by Change Order.
3) by cost and a mutually acceptable fixed or percentage
fee. L-3 OVERHEAD ALLOWANCES FOR CHANGES:
Should any change in the work or extra work be ordered,
If none of the methods set forth herein above is agreed the following applicable percentage shall be added to
upon,the Contractor,provided he receives a Change Order, Material and Labor costs to cover overhead and profit:
shall promptly proceed with the Work involved. The cast of
such work shall then be determined on the basis of the 1. Allowance to the Contractor for overhead and profit for
Contractor's reasonable expenditures and savings, including extra work performed by the Contractor's own forces shall
a reasonable allowance for overhead and profit as indicted in not exceed fifteen percent L=.
the original contract proposal. In such cases,the Contractor
shall keep and present, in such form as the Architect shall 2. Allowance to the Contractor for overhead and profit for
prescribe, an itemized accounting together with appropriate extra work performed by a Subcontractor and supervised by
supporting data. Pending final determination of cost to the the Contractor shall not exceed ten percent j IM.
Owner, payments on account shall be made on the
Architect's Certificate of Payment as approved by the L-4 MINOR CHANGES IN THE WORK. The Architect
Owner. shall have authority to order minor changes in the Work not
involving an adjustment in the Contract Sum or an extension
If after the contract has been executed, the Architect, of the Contact Time and not inconsistent with the intent of
requests a price proposal from the Contractor for a proposed the Contract Documents. Such changes may be effected by
change in scope of the work, Contractor shall process such Field Order or by other written order.Such changes shall be
proposal within seven days of receipt and return the price confirmed in writing by the Architect and shall be binding on
quote to the Architect in writing. The Architect shall review the Owner and the Contractor.
the price quotation and if approval is recommended,forward
the proposed change order request and price proposal to the L-5 FIELD ORDERS. The Architect may issue written
Owner for approval. If the Architect will attempt to negotiate Field Orders which interpret the Contract Documents in
with Contractor to revise the proposal to a figure which is fair accordance with Section A,or which order minor changes in
and reasonable and forward it on to the Owner for approval. the Work in accordance with Section L without change in
If the negotiations do not result in an equitable solution,the Contract Sum or Contract Time. The Contractor shall cant'
Architect shall prepare a cost-plus type Change Order with a out such Field Orders promptly.
price-not-to-exceed figure for approval by the City and
require specific documentation to be provided by Contractor SECTION M
in accordance with the paragraph above. UNCOVERING AND CORRECTION OF WORK
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 contfary to the request of the Owner or Architect, it
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 Plans and
subsequently agreed upon, and if the quantities originally Specifications, the Contractor shall pay such costs unless it
ii
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„� General Conditions for Construction,Fort Worth,6/20/2000
be found that this condition was caused by a separate N-1 TERMINATION BY THE CONTRACTOR. If the
contractor employed by the Owner. work is stopped for a period of 30 days under an order or ,
any court or other public authority having jurisdiction,
M-2 CORRECTION OF WORK. The Contractor shall through no act or fault of the Contractor or a Subcontractor
promptly correct all work rejected by the Owner or Architect or their agents or employees or any other persons
as defective or as failing to conform to the Plans and performing any of the work under a contract with the
Specifications whether observed before or after Substantial Contractor,or if the work should be stopped for a period of
Completion and whether or not fabricated, installed or 30 days by the Contractor for the Owner's failure to make
completed. The Contractor shall bear all costs of correcting payment thereon as provided in Section I, then the
such rejected Work, including the cost of the Architect's Contractor may after the end of such period of 30 days and
additional service thereby made necessary. upon seven additional days'written notice to the Owner and
the Architect,terminate the Contract.
If, within one year after the Date of Substantial Completion
or within such longer period of time as may be prescribed by N-2 TERMINATION BY THE OWNER. If the
law or by the terms of any applicable special guarantee contractor is adjudged as bankrupt,or if he makes a general
required by the Contract Documents, any of the work is assignment for the benefit of his creditors, or if a receiver is
found to be defective or not in accordance with the Contract appointed on account of his insolvency, of if the Contractor
Documents, the Contractor shall correct it promptly after refuses, except in cases for which extension of time is
receipt of a written notice from the Owner to do so, unless provided, to supply enough properly skilled workmen or
the Owner has previously given the Contractor a written proper materials, or if he fails to make prompt payment to
acceptance of such condition, describing same specifically Subcontractors or for materials or labor, or fails to comply
and not generally. The Owner shall give such notice with al Laws, Statutes, Charter, Ordinances, Regulations or
promptly after discovery of the condition. Orders of any public authority having jurisdiction, or
otherwise is guilty of a substantial violation of a provision of
All such defective or non-conforming work under the the Contract Documents, then the Owner, on its own
preceding paragraphs shall be removed from the site where initiative or upon certification by the Architect that sufficient
necessary, and the work shall be corrected to comply with cause exists to justify such action,may,without prejudice to
the Contract Documents without cost to the Owner. any rights or remedy and after giving the Contractor and his
surety, if any, seven (7) days' written notice, terminate the
The Contractor shall bear the cost of making good all work of employment of the Contractor and take possession of the
separate contractors destroyed or damaged by such removal site and of all materials, equipment, tools, construction
or correction. equipment and machinery thereon owned by the Contractor
and may finish the work by whatever method he may deem r
If the Contractor does not remove such defective or non- expedient. In such case the Contractor shall not be entitled
conforming work within a reasonable time fixed by written to receive any further payment until the Work is finished.
notice from the Architect or the Owner, the Owner may
remove it and may store the materials or equipment at the If the costs of finishing the Work, including compensation for
expense of the Contractor.If the Contractor does not pay the the Architect's additional services., exceed the unpaid
cost of such removal and storage within ten days thereafter, balance of the Contract, the Contractor shall pay the
the Owner may upon ten additional days'written notice sell difference to the Owner.
such work at auction or at private sale and shall account for
the net proceeds thereof, after deducting all the costs that The City of Fort Worth may terminate this contract in whole,
should have been bome by the Contractor including or from time to time, in part,whenever such termination is in
compensation for additional architectural services. If such the best interest of the City. Termination will be effected by
proceeds of sale do not cover all costs that the Contractor delivering to the Contractor a notice of termination specifying
should have bome, the difference shall be charged to the to what extent performance of the work of the contract is ,
Contractor and an appropriate Change Order shall be being terminated and the effective date of termination. After
issued.If the payments then or thereafter due the Contractor receipt of termination the contractor shall:
are not sufficient to cover such amount,the Contractor shall
pay the difference to the Owner. a) Stop work under the Contract on the date and to the
extent specified on the notice of termination.
If the Contractor fails to correct such defective or non-
conforming work, the Owner may correct it in accordance b) Place no further orders or subcontracts except as may
with Section G. be necessary for the completion of the work not
terminated.
The obligation of the Contractor under this Section shall be
in addition to and not in limitation of any obligations imposed c) Terminate all orders and subcontracts to the extent that
upon him by special guarantees required by the Contract they relate to the performance of the work terminated
Documents or otherwise prescribed by law. by the notice of termination.
M-3 ACCEPTANCE OF DEFECTIVE OR NOW After termination as above,the City will pay the contractor a
CONFORMING WORK. If the Owner prefers to accept proportionate part of the contract price based on the work
defective or non-conforming work, he may do so instead of completed; provided, however, that the amount of payment
requiring its removal and correction,in which case a Change on termination shall not exceed the total contract price as
Order will be issued to reflect an appropriate reduction in the reduced by the portion thereof allocatable to the work not
Contract Sum, or, if the amount is determined after final completed and further reduced by the amount of payments,
payment,it shall be paid by the Contractor. if,any otherwise made. Contractor shall submit its claim for
amounts due after termination as provided in this paragraph
SECTION N within 30 days after receipt of such claim. In the event of
TERMINATION OF THE CONTRACT any dispute or controversy as to the propriety or allowability
of all or any portion of such claim under this paragraph,such
dispute or controversy shall be resolved and be decided by
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General Conditions for Construction,Fort Worth,6/20/2000