HomeMy WebLinkAboutContract 31183 To COPY FOR:
CONtRAC10R
CITY SECRETARY CONIU17t� SBONDING
CONTRACT NO . ClYYSCCQ:V
.-. .�ChY 1 ANAGEG Cl eICR
WESTERN COMMUNICATIONS TOWELR--wcjHE-,R1 w Div.
TIPW e rfu-Copy
TPW2004-11
FORTWORTH
MIKE MONCRIEF CHARLES BOSWELL
MAYOR INTERIM CITY MANAGER
Robert Goode, PE
Director, Transportation and Public Works
Peter Anderson
Director, Information Technology Solutions Department
November 3, 2004
01 -19-05PO4:34 RCVD ^^
ORIGINAL
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 3
TPW 2004-11
WESTERN COMMUNICATIONS TOWER
Bid Opening Date: December 2, 2004 (Unchanged)
The Contract Documents and Specifications for the above referenced project are
hereby revised and amended as follows:
Page 4, Specifications, detailing the antennae loading is clarified:
Line 1-4: There are 21 individual top mounted BMAR antennae.
Lines 10-15: The individual antennae are further described as follows:
10 and 11: NPSPAC Are normally multicoupled in with the trunking system
12 and 13: Fire 450 mhz PD455 7/8" heli
450 mhz DB438 1/2" heli side mount
14 and 15: siren warning
tx DB 420 7/8" heli.
rx DB 420 7/8" heli
side mount siren control cushcraft PE4576 ultra link 1:193605
16. paging
450 mhz DB638 7/8"heli
Acknowledge the receipt of this addendum on your Proposal.
By: Dalton Murayama
Architectural Services Division
Facilities Management Group
817-392-8088, Fax 392-8488
RELEASE DATE: November 23, 2004
Addendum/-3
Western Communications Tower
'• � U
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 2
TPW 2004-11
WESTERN COMMUNICATIONS TOWER
Bid Opening Date: December 2, 2004
The Contract Documents and Specifications for the above referenced project are
hereby revised and amended as follows:
The following questions have been raised and are answered below:
1. Are all bidders to price the installation of the foundation as described on page 2 of the
specifications? Yes
2. Are any other platforms required besides the antenna platform at the top and the rest platforms
every 50'? No
3. How do you intend to run the transmission lines into the building? Will they be attached to a
waveguide bridge or run underground? What is the distance between the tower and the building?
General contractor will provide bridge to tower.
4. 4. Please provide the model numbers and transmission line sizes for the NPSPAC, Fire Station,
Siren Warning and Paging System antennas listed on page 4 of the specification which will be
located on the top mounted platform. This information was given on in the Enclosure.
5. Are the microwave dishes to have radomes? Yes
6. What is the frequency of the microwave dishes? To be determined
7. Are the multi-point mounts described on page 3 of the specification the same as the top mounted
platform? Yes
8. Is the installation of City supplied antennas and transmission lines included in this scope of work
or will it be done under separate contract? Under separate contract
9. Is the MWBE goal of 20%for the entire project amount or the on site construction amount? For
example, on site foundation installation and tower erection? MWBE goal is for the entire project
amount including foundation and erection
10. Can they use an angle for the legs instead of the" solid bar" specified?Peter said angle can be
used
i
Addendum 2
Western Communications Tower
Acknowledge the receipt of this addendum on your Proposal.
Robert Goode
DIRECTOR OF TRANSPORTATION AND PUBLIC
WORKS
By: Mike Mathews
Architectural Services
817-392-8274, Fax 392-8488
RELEASE DATE: November 17, 2004
Addendum 2
Western Communications Tower
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
WESTERN COMMUNICATIONS TOWER
TPW2004-11
Proposal Opening Date: (December 2, 2004) (DELAYED TWO WEEKS)
General: This project is for the provision and installation of a 220 foot self supported
steel communications tower including the foundation. The equipment enclosure, site
work, and utilities will be provided under a separate contract.
The Solicitation for the above referenced project is hereby revised and amended as
follows:
Notice t® Bidders:
In the first paragraph: Revise the Bid Receipt date to be December 2, 2004.
Add the following after the second paragraph:
"The MWBE Goal for this project is 20%. Contact the MWBE office (817-392-6104)
to obtain lists of certified subcontractors and suppliers. "
Instructions to Bidders
Insert Paragraph 2:
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
Addendum 1 Page 1
Women's Business Enterprises is not required for Projects less than $25,000. All
purchases from MM/BE 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.
Add the following to Post Bid — Preaward Submittals:
"Minority/Women's Business Documentation (for bids in excess of
$25,000)"
Proposal:
Add the following before "respectfully submitted,":
"MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of
$25,000)
• I am aware that I must submit information the Director, Transportation and
Public Works, concerning the MM/BE participation within FIVE BUSINESS DAYS of
submittal of this Proposal in order to be RESPONSIVE."
Acknowledge the receipt of this addendum on your Proposal.
Robert Goode, P.E.
Director Transportation and Public Works
By: Original signed
Mike Mathews, Architectural Services
817-392-8274, Fax 392-8488
RELEASE DATE: November 4, 2004
Addendum 1 Page 2
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.0A 1;0:58a N•�
iP ;g:'',ii': TgRRA MAR, 1NC` :
Consulting—Geotechnical-Environinentat
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GEOTECHNICAL INVESTIGATION
PROPOSED COMMUNICATIONS TOWER
FORT WORTH, TI=XAS
TMI REPORT NO. FE03-50700
TO
CITY OP FORT WORTH
FORT WORTH, TEXAS
BY
TERRA-MAP, INC.
DALLAS/FORT WORTH I HOUSTON I AUSTIN .
AUGUST,2003
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MAVI A-MAR
Consulting Engineers Geotechnical•Environmental-Construction Materials Testing
DALLAS-FORT WORTH HOUSTON•AUg'nN
August, 2003
TMI Deport No. FE03-50706
City of Fort Worth
1515 11th Avenue
Fort Worth, TeXas 70102
Attn: Mr. Gary Smith
Re: Geotechnical Investigation
Proposed Communications Tower
Fort Worth, Texas
Gentlemen,
Submitted here is our geotechnical report for the above referenced project. This report describes
the results of our field and laboratory investigations together with recommendations for the design
and construction of the referenced project. Two (2) bound copies of the report have been
provided, along with one (1) unbound copy.
We appreciate the opportunity to assist on this project and trust that our field and laboratory data
and engineering recommendations will be of assistance in your design efforts. Do not he a to
call if there are questions, or when we may be of further service. ,�t.OTERRA-WAR, INC. .r '
: ..
OAaRk-fT E. WILI,IAMS
5255 o
Leone) Ruiz, E.I.T, Garrett E. illiams, P.E. ���'�SI�NQL ��
,.��.�..
Graduate Engineer Fort Worth Office Manager
2400 O;ravei Drive,Bldg,25,Pott Worth,Tex v 76118 Phone:817.284,0363 Fa*:017.284-8430
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Proposed Communications Tower,Fort Worth,Texas T 17/ -lf�"iQ/�'y INC.
FF-03-507013
August,2Q03 Consulting—Geotechnical-Enviromnsntal
CmBiructton Materials T€sting
TABLE OF CONTENTS
Page
1.0 PROJECT DESCRIPTION,PURPOSE AND 1
2.0 FIELD AND LA130RA`ORO
3,0 SITE AND SUBSURFACE
3.1 Site Geology---------------------- 1
3.2 Subsurface 2
3.3 Groundwater2
:
4.0 . FOUNDATION/GUY ANCHOR RECOMMENDATIONS--------------,-------3
4.1 Axial Load Resistance3
4,2 Lateral Load Design Values —.—__.--------3
4.3 Drilled Shaft Construo0on Considerations------..-- ----------- ^-_____—._—. --_-------.....^_4
4.3.1 Soil induced Uplift 4
ILLUSTRATIONS
• Fitaut'e
Planof Borings------------------------._...---------....----
Log of Borings3
Legend for Log of Borings5
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Proposed Commuhtcations Tower,Fort Worth,Texas a"ER,t A-MAR, INC.
Ftn03ti5o70(3
August,2003 Consulter—Geotechnical-E=nvironmental
Construction Materials Tenting
1.0 PROJECT DESCRIPTION, PURPOSE AND SCOP
This report presents the results of a geotechnical engineering study for the proposed 250-foot
high, self-supported communication tower. The tower will be supported by up to four supports.
The project site is located on an open site west of the existing structures of the Eagle Mountain
waste water treatment plant located at 6801 Bowman Roberts Road In Fort Worth, Texas.
This investigation was designed to explore subsurface conditions at the project site; and, from the
results of the exploration, to develop engineering parameters and recommendations to be used in
the design and construction of the proposed project. Our services included:
• providing a detailed description of subsurface and groundwater conditions at the project
site, and their effect on design and construction, including a description of the $oil
stratigraphy, underlying rock formation, and any noteworthy geological conditions;
• providing recommendations for bearing capacity, skin friction, and lateral resistance for the
design of the tower foundation;
• providing construction guidelines for the tower foundation.
2.0 FIELD AND LABORATORY fNVES TIGA TIONS
Two(2) borings were drilled at the site.on July 22,2003 at the approximate locations shown on the
Flan of Borings, Figure 1. The results of the field and laboratory testing procedures, along with the
sol! classification, by the Unified Soil Classification System (USCS), can be found at the
appropriate depths on the Logs of Borings, Figures 2 and 3. A key to the descriptive terms and
symbols used on the boring logs Is presented on Figures 5 and 0. A detailed description of the
various field and laboratory procedures used in the drilling and testing of the samples can be found
in Appendix A,
3.0 SITE AND SUBSURFACE CONDITIONS
3.7 Site Geology
The polios Sheet of the Ce, -tic Atlas of Texa$ Indicates the site is located in an outcropping of
the T=ort Worth Limestone and Duck Creek Formations, undivided. Clays are typically present at
the surface underlain by tan limestone. The parent bedrock consists of hard gray limestone with
some clay and interbedded calcareous shale. These formations typically weather to form shallow.
Page 1 of B
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Proposed Communications Tower,Fort Worth,Texas ?'RRRA MAJV# MO.
FE03-5470
August,2003 Consulting—Gegtechnical-Environmental
Construction(Materials Testing
deposits of active clay at the surface, These clays often contain significant quantities of limestone
fragments.
3.2 Subsurface Condfdons
The subsurface conditions encountered in the bbrings are presented on the Logs of Borings in
Figures 2 and 3. Descriptions of the various strata and their depths and thickness are given. A
brief summary of the stratigraphy indicated by the borings is given beibw. Nate that the depth on
all borings refers to the depth from the existing grade or ground surface present at the time of the
Investigation, and that boundaries between the various soil types are approximate.
The surficlal soils encountered in the borings consisted of 24nehas to 5 feet of brown and tan clays
containing limestone fragments. The clays encountered at this site had a Liquid Limits (LL) of 63
percent and a Plasticity Index (PI) of 37; classified as CH by the USCS; and were hard in
consistency.
Hard tan.limestone with clay seams was next present in the borings and extended to depths of 10
m 14 feet. Hard to very hard grey limestone contalning abundant shale seams was then
encountered to the termination depths of 4S to$0 feet below the ground surface.
The Atterberg Limits indicate the clays (CH materials) encountered at this site are active. These
clays can experience significant volume changes (expansion or contraction)with minor fluctuations
In their moisture content. They are more prone to expansion when present in a dry, dense
condition.
3.3 Groundwater
The borings were advanced with rotary drilling techniques using continuous flight augers. This
method allows relatively accurate measurement of seepage during drilling. Groundwater seepage
was not encountered in the borings during drilling and all borings were dry at completion of drilling
operations.
It is not possible to accurately predict the magnitude of subsurface water fluctuation that might
occur based upon these short-term observations. Therefore, it should be recognized that
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FF03-60708 p
Aupst,2003 Consulting—Geotechnical-Environmental
cbmtructlon Materials 7esting
groundwater levels will fluctuate with variations in seasonal precipitation and surficial runoff.
During wet Periods of the year seepage can occur in or above the tan limestone.
4.0 FOUNDATION/GUY ANCHOR R'ECOMMENDArIONS
4 1 ,Axial Load Resistance
A straight-sided drilled shaft foundation is recommended for support of the proposed tower. The
drilled shaft foundation is recommended to bear a minimum of 3 feet into the gray limetone that
was encountered depths of 10 to 14 feet below existing grade. The shaft is recommended to be
designed for an allowable end bearing resistance of 35,000 pounds per square foot (psf). This
allowable end bearing resistance includes a factor of safety of 3.0.
The drilled shafts for the tower are recommended to be designed for an allowable skin fdctlon
resistance of 5,000 psf for compression loads and 3,000 pef For tension loads for that portion of the
shaft penetrating the gray limestones. The skin friction values in the gray limestone can be
considered below a minimum penetration of 3 feet Into the gray limestone. The allowable skin
friction resistance values Include a factor of safety of 2.0.
Settlements for properly installed and constructed straight shafts in competent pray limestone will
be ralativaly minor and primarlly elastic.
4.2 Lateral Load Doslgn Values
Drilled shaft design parameters for use with 1-pilePt15 based on our laboratory test results are
presented in Table 1 together with our recommended design stratigraphy. The clays alcove the
gray limestone are recommended to be neglected in the lateral load analyses because of the
potentlal for shrinkage cracks forming along the sides of the drilled shafts.
TABLE 1 —RECOMMENDED i.,ATERAL LOAD DESIGN VALUES
Design Design Shear Strength Deformation
Sol[ Type Total Unit Design Modulus, E,
Weight, pct Cohesion, Friction Eeo Psi
P8f Angle
Tan Limestone 135 10,000 0 0.002 50,000
Gray Limestone 135 30,000 0 0.001 300,000
Page 3 of 5 ""—
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Pcopgsed Communications Tower,Port Worth,Texas
i=s OM07os rRRRA MAR, INC.
August,2003 Consulting Geotert"aal-Environmental
' construc Ion Materlale Testing
4.3 Drilled Shaft Construction Co,nslderations
Excavations for the shafts should be maintained in the dry. Groundwater seepage was not evident
in the borings, but could be encountered during installation of the shafts, particularly If construction
proceeds during a wet period of the year. Rapid placement of steel and concrete may permit shaft
installation to proceed; however, seepage rates could be sufficient to require the use of temporary
casing for Installation of the shafts, The casing should be seated in the limestone with all water
and most loose material removed prior to beginning the design penetration. Care must then be
taken that a sulficlent head of plastic concrete is maintained within the casing during extraction,
4,3. Soil Induced Unlift Loads
The piers should be reinforced for their full depth with reinforcing steel. in order to aid in the
structural design of the reinforcement, the reinforcement quantity should be adequate to resist
tensile forges based on soil adhesion equal to 1,000 psf acting over the upper 6 feet of the pier
shaft. This load must be resisted by the dead load on the shaft, continuous vertical reinforcing
steel in the shaft, and a shaft adhesion developed within the bearing strata as previously
discussed.
The concrete should have a slump of 6 Inches, plus or minus 1 inch, and be placed In a manner to
avoid striking the reinforcing steel during placement. Complete Installation of Individual shafts
should be accomplished within an 8 hour period. after the design penetration Into the bearing
stratum is begun. The limestones are relatively hard, and shaft excavations should be performed
with equipment suitable to perform this work by a contractor experienced in the area.
The drilled shaft design recommendations provided in this report are based on proper construction
procedures, Including maintaining a dry shaft excavation and proper cleaning of bearing surfaces
prior to placing reinforcing steel and concrete. All drilled shaft installations should be inspected by
gttallfied geotechnical personnel to help verify the bearing stratum, the design penetration, and
r perform related duties.
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.Proposed Communloattons Power,Fort Worth,`texas TERRA MART 1NC,.
FF-03-50708
August,2003 Consulting—Oeotechntcel-Environmental
Construction Materials Testing
5,0 UMITA;TiONS
The professional sarvloas which have been performed, the findings obtained, and the
recommendations prepared were accomplished in accordance with currently accepted
geotechnloel engineering principles and practices. The possibility always exists that the
subsurface conditions at the site may vary from those encountered In the borings. The
recommendations presented in this report are based on a limited number of borings. Although our
fipid personnel visually surveyed the site for surface features indicative of variable soil conditions,
subsurface conditions may be encountered that differ from this data. if there are any unusual
conditions differing significantly from those described herein, Terra-Mar, inc, should be notified to
review the effects on the performance of the recommended foundation system.
This study was conducted for the exclusive use of the City of Fort Worth and their consultants.
The reproduction of this report or any part thereof, in plans or other documents supplied to
persons other than the owner, should bear language indicating that the information contained
therein is for general design purposes only for the design of the previously described facility.
All contractors referring to this geotechnical report should draw their own conclusions for bidding
pvrpcses regarding excavations, trafficability, etc. Terra-Mar, Inc. is not responsible for
conclusions, opinions or recommendations made by others baked on this data. This report is
intended to guide preparation of project specifications and should not be used as a substitute for
the project speoifications.
Recommedations provided in this report are based on our understanding of information provided
by the Client about characteristics of the project. If the Client notes any deviation from the facts
ry about characteristics of the project, our office should be contacted Immediately since this may
materially alter the recommendations.
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Proposed Communloetions Tower:Fort worth,TOM TERRA.MA q. /AFC.
FEO:-50706
August,2003 Gof►sultfng,Geotechnical-Environmental
Ganstrvctlon Materials Testing
APPENDIX A
STANDARD FIELD AND LABORATORY
INVESTIGATION PROCEDURES
Appendix A
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Proposed Communloatlons Tower,Fgrt worth,Texas TZ',A!,t A MAR, I)VG.
FE03-60706
August,2003 Coneviting Ge0technleal-Environmental
Construedon Materlals Testin
FIELD INVESTIGATION PROCEDURES
The borings for this investigation were staked in the field by a Terra-Mar engineer using simple
taping procedures from reference points noted on the site plan provided by the client.
A field log of each boring was recorded during field drilling operations. These field logs and soil
classifications were reviewed/verified by a geotechnical engineer in the laboratory through visual
classification. Samples were visually classified according to color, texture, predominant material
type, consistency and density. Results from the laboratory-testing program along with the visual
classification of each soil stratum were used in the determination of the USCS classification for
each soil stratum (ASTM D-2487). Finalized boring logs are provided In the report, as noted in the
table of contents, please note that the lines of soil demarcation represent the approximate soil
boundary between differing material types, and that the actual transition between the soil strata in
_ the field may be gradual,
Truck mounted drilling equipment was used to advance the borings to the completion depths using
solid stem auger procedures. Snit samples were foil wrapped and seated in plastic bags, for
moisture control, and were marked to Identify the boring number, sample depth, and Job number,
Samples/cores will be stored for 90 days, and then discarded. Sampling procedures were
performed in accordance with the following standards:
Thin Walled"Shelby"_Tube Sampllnsf((ASTM I�-it
This sampling method consists of pushing thin walled steel tubes,with an approximate 3 inch
outside diameter, into the soil to be sampled using pressure provided hydraulically by the drilling
rig, or manually by the field technicians. This sampling method is typically used on cohesive soil
samples,and produces samples that are relatively undisturbed and suitable for shear strength
tbsting, consolidation testing, permeability testing, and in-situ density approximation.
Sam2 ing_b.Auger Boring Method "Grab Samplo" (ASTM 0-145
This sampling method consists of sampling the soil samples by removing representative soil
samples from the continuous flight augers used to drill the boring, or by removing soil samples
''from the cuttings brought to the surface by the augers. This method provides highly disturbed
samples that are appropriate for classification purposes only.
i
Appendix A
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Proposed Commun1wtions Tower.Fort worth,TexasrERI'RA-MAR„ INC.
FE03-50706 IdgmiLROOL
August, 003 Consulting—c ootechnloai-anvirottmentat
Construcuml Matoriale Teaung
LABORATORY INVESTIGATION PROCEDURES
The laboratory testing program was directed primarily toward the evaluation of the physical and
engineering characteristics of the underlying site sous. Identification tests were performed to
classify the soil samples according to the Unified Soil Classification System (ASTM D-2487) by a
Geotechnical Engineer, unless otherwise noted, The results of this laboratory testing program are
shown at the appropriate sample depths on the boring logs, or on the appropriate figures. Unless
noted, laboratory procedures were performed according to the following standard procedures:
Moisture_.Canjent(ASTM."-216)
Natural moisture contents of the soil samples (based on the dry weight of the soil) were
determined for selected samples at selected depths. These moisture contents are useful in
delineating the depth of the zone of moisture change with 6n increase in subsurface depth, and
_ can be useful in footing the groundwater table. The moisture content can also be useful In
analyzing and.evaluating the expansion potential and/or shear strength of soil samples. The
results of the test(s)are reported at the appropriate depth(s)on the boring log(s).
Attorhera Limits"Liquid and Plastle Limits"(ASTM D-431$)
The Atterberg Limits are given as the particular moisture contents of fine grained soil materials
when they meet the requirements of a predefined test. In particular, the Plastic Limit(PL) is given
as the approximate moisture content at which the soil material begins to behave more like a plastic
material than a semi-solid material. Similarly, the Liquid Limit(LL)is given as the moisture content
at which the soil material begins to behave more like a liquid material than a plastic material. The
difference of these two test values can then be calculated, and is known as the Plasticity Index
(PI). Larger PI values indicate an Increased ability of the soil material to remain In a plastic state
with changes in the moisture content, The results of the teat(s) are reported at the appropriate
depth(s)on the boring log(s).
The Atterberg Limits can then be used in conjunction with other parameters to classify the soil
according to the Unified Soil Classification System (USCS). These parameters are also useful in
evaluating the expansion potential of the fine grained soil materials with fluctuations in the
rinolsture content.
t=ree Swell Tests:
A free swell tests)was performed to evaluate the swelling potential and restraining swell pressure
of an undisturbed clay soil specimen(s), when exposed to a free water source. In this test, the soil
sample(s) Is allowed to swell freely under the existing overburden pressure (based on the sample
depth of the soil specimen). The results of the swell test(s) are presented in the form of chart(s)
as noted on the Table of Contents.
unconfinedCpntpresslye Strength of Soil Samples (ASTM D-2166)
Tha.unconfined compressive strength of the soil material(s) was determined in order to evaluate
the-strength of the material. For this test, the sample(s), with a minimum length to diameter ratio
of 2:1, was used whenever possible in order to reduce end,effects during testing. If the ratio was
less than 2, a correction was applied according to standards listed In the ASTM manual. The
results of the tests)-are reported at the appropriate depth(s)on the boring log(s).
Ap{orOx A
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FE03-50706
August,2003 Consulting—Geatealm(cel•Emr rmnantai
Constmo0on Metedela Testing
Pocket Penetrometor Shear Strength Evaluation
A small hand held penetrometer devise was used in the laboratory to evaluate the sheat strength
of relatively undisturbed cohesive soli samples. In-this test, the flat tip of the device is placed on a
flat portion of the undisturbed sample. A constant pressure is then applied until the device
penetrates the sample a predetermined amount. The approximate shear strength developed is
then read on the side of the device in tons per square foot, and Is reported at the appropriate
depth on the boring log(s). This test Is valuable in developing relative correlations of the
consistency of soils across the site, and can also be used as an indication of the in-situ moisture
content relative to other samples.
Appendix A
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construalan Matedets Teating
' ' is
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FE03-50706
August,2043 �' Consulting-Geotcchnlcal-Environmental
Construction Matedufs Testing
ILLUSTRATIONS
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Tower TERRA-MAR
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*$� I
IMI No. FW3706 Flgurg
11/04/2004 10:28 8178718488 CFW TPW ARCH SER PAGE 11
`Icv 04 04 11301a
LOG OF BORING
BORING B-1
Project: Communication Tower Project No.: FE03-50706
Date: 7/22103 Elev.: Location: See Figure I
Depth to water at completion of boring: DRY
Depth to water when checked: NIA was: N/A
Depth to caving when checked: N/A was: NIA
ELEVATIC SOIL SYMOOLS MC LL PL SAMPLER -200 D.D. P.PEN UNCON•
DHPTft SYMBOLS DESCRIPTION % % % PI of, Def tst tsf
tfeetl &FlfiLD TEST DATA
r - - - - - - - - • - - - - -- - --- ---
Hard brawn CLAY (CH)
Hard brown and tan CLAY wi 1S-58`2f az -
limestone fragments
(CH) 4,s+
4.s+
Hard tan LIMESTONE w/clay seams
iu tatan,a6� _
Hary to very hard gray LIMESTONE
w/abundant shale seams
REC=sa96
RUD=0%
xr) 100!0"
6,
20 REC a 8096
' RQb�.096
R6 10011"
4
3a
AEC-60%
ROD.096
35 100!0.60"
y N teR, Completion Depth:49'
No Seepage Encountered
FIGURE NO.: 2
t:n TERRA-MAR, INC.
11/04/2004 10:28 8178718488 CFW TPW ARCH SER PAGE 12
Nov 04 04 11:01a P' 13
r LOG OF BORING
I' BORING B-1
:s
Project: Communication Tower Project NO.: FE03-60706
@LhVATION/ SOIL SYMBOLS MC LI, pt 200 O.O. P.A>Dt t1NGPN.
DEPTH 3AMPLE1t$YMBOLS pESCR1ATlr?N e}� , PI pof tsf cat
feat} &FIELD TEST DATA
RECosO% Herd to very hard »ray LIMPSTONE
w/abundant shale seams
r ao 10010.25"
ARC=63%
RQD=O%
49
60
b6
V
K
R
a
e
r
69
5
b
70
;i
T
npr s
i
:A
4
ao
FIGURE NO.; 3
TERRA-MAR, INC.
11/04/2004 10:28 8178718488 CFW TPW ARCH SER PAGE 13
P. 14
Nov 04 04 1 i:b2a
LOG RINg BORING
Project: Cortlmunication Tower Project No.: FE03-550706
Date: 7/22103 Elev.! Location: See Figure 1
Depth to water at completion of boring: DRY
Depth to water when checked_ WA was: N/A
Depth to caving when checked: N/A was: N/A
vfpw
ELEVATION/ SOIL SYMBOLS Mc 1.L PL -lob b,D. P.PEN VNCON.
DEPTH SAMPLER SYMBOLS DESCRIPTION % y, gb P! g6 Qtf tst tsf
ift0tl &FIELD TEST DATA
o Ward tan I IMESTON�w/Olay seams - - -- -- ---
100/0.5"
6 100/1.75"
s0 100n.26"
}
100/1.78^ Hard to very hard gray LIMESTONE -
ss wlabundant shale layers
REC=
100%
RaD=Q%
20 100/0.5^
REG-33%
ROO=0%
} 25 10011
4
k
REC-
100%
RC1>,mo96
30 100/1.78'
REC-4796
ROD=O%
sa 1 QO/0•
"L [110tes: Campletlon Depth 45'
No Seepage Encountered
FIGURE NO.: 4
to TERRA-MAA, INC.
11/04/2004 10:28 8178718488 CFW TPW ARCH SER PAGED 11
NOV 04 04 11:02a
aim
LOG OF BORING
BORING B-2 '
Project: Communication Tower Project No-: FE03-507D6
ELEVATION/ SOIL SYMepLS MC LL 1'L FI 200 G,D. P.P!N UNCON.
DEPTH SAMPLER SYMBOLS DESeREPT1t7N % % pof tsf taf
(fact) de FIELD TEST DATA
flEC=539ii Hard to very he gray LIMESTONE
RaD=Oq, W/abundant shale seams
as 70olo.S^
REC=
100%
RQD=O%
s AS 100/0'
S
fi RBC-
1a0%
f1Qb�d96 ,
J ------- ------
60
-- --- ------60
.6s
1
i.
70
76
i
eo
FIQUJRE:NO.: 5
TERRA-MAR, INC,
11/04/2004 10:20 8178718488 CFW TPW ARCH SER PAGE 15
Nov 04 04 11: 0RA P. 15
BORING LOG SYMBOLS AND TERMS FOR SOIL
SOIL AND MATERML TYPES" SAMPLER AND INDICATOR TYPES
• H
PZ
Clay Sheley Clay Thin Walled Rack
(CH.CL) (CH.CL)` Shelby Tuba Core
® Slit silty Clay Standard THD Cone
(MH,ML) ® (CL.CH)` Penetration Penetrometer
Sand - Sandy Clay Bulk/Grab Solid or Hollow
(SP,8w) (CL,CH)' Sample item Auger
Gravel GP,GW) ' ; SaClayey -,7 Water level Water Level on the
Ser)• at completion Date Indicated
Asphalt X4,4° Concrete Depth to Caving Boring
e'avtng ..$' ' Paving at Campletiah — '—Continues
'Note, Dual*Mbols are used to Indicate borderline and mixed$011 clacsifieations
STRENGTH OF COHESIVE SOILS DENSITY OF GRANULAR SOILS
.8011 Pocket Penetrometer SPT Plows Relative
Consistency Readino,tsf r fep_ o�N Dopsi
Very Soft <0.25 004 Very Loose
Soft 0.25 to 0.50 4 to 10 Loose
Firm 0.50 to 1.00 10 to 30 Medium Dense
Stiff 1.00 to 2.00 $0(050 Donee
Very Stiff 2.00 to 4.00 -1-50 Very Dense
Hard >4.00
DESCRIPTIVE TERMS FOR SOIL
Desar9 tion Criteria I njoLons
Stratified Altamating layers of material or color Parting Inclusion<1/8"thick
with layers at least 114"thlok Seam Inclusion 1/8"to 3"thick
Laminated Aftemating layers of material or Color Layer Inclusion>3"thick
with layers at least 11/44 thick Trace -d 5%of sample
Fissured Breaks along definite planes of fractum Fav 6%to 10%of sample
with little raslstance Some 10%to 25°/9 of sample
Slickensided Fracture planes appear polished or Numerous 25%to 50°/11,of sem to
glossy,sometimes striated p
olooky Cohealve sell that can be broken down Soft Moisture
Into small hard angular lumps
Calcareous Containing appr'eciabla quantities of Dry No obvlous water Iri sample
calcium carbonate,(Reactive with HCI) Moist Sample Is damp without excess water
Ferrous Containing appreciable quantities of Very Moist Sample Is darnp and water Is visible
ferrous oxide/iron nodules and/or stains Wat Sample bears rree water
SOIL GRAIN SIZE
Soli Grain Size In Millimeters
152 78.2 18.1 4.76 2.00 0.420 0.074 0.002
Boulders Cobbles Grovel Sand Slit Clay
Coarse I Fine Coarse I Madlum pine
314" 4 10 40 200 270
U.S.Standard Slava 81ao
N AFRiRAY-MAR iv i
11/0412004 10:28 8178718488 CFW TPW ARCH SER PAGED 117
Nov 04 04 I•i i OS-a
BARING LOG SYMBOLS AND TERMS POP. ROCK
ROCK TYPES
Limestone —.n= State 1 • : Sandstone Mud stone
eathWeathered Siltstone Dolomite
LiWrtlestaneered _ Shale _
Seventy --- ' Severely
Weathered Weathered claystone � � Cranna
Limestone Shale
ROCK HARDNE=SS ROCK HARDNESS BY THD CONE
Friable Crumbles under hard pressure Penetration
Description r 100 Slows
Very Soft Dented w/moderate finger pressure -— RUM—Slaws
$Oft Scratched easily with fingernali Very Soft }6"
Moderately hard Can be scratbhed easily with knife Seft 5"to ti"
but not fingernail Soft to Hard 4"to 5"
Hard Can be scratched with knife with Hard 2"to 4"
some difftculty and broken with light Hard to
to moderate hammer blow Vary Hard 1"to 2"
Very Hard Cannot be scratched with knife and Very Hard 0"to 1"
can be broken by one to several
hard hammer blows
WEATHERING GRADES OF ROCK MASS
Slightly Weathered Some discoloration indicates weathering of rack, may be some small
decomposed rock pockets,layers and/or seams
Weathered Disaolotation of majority to all of the rook mass, with trace to some of
decomposed rock pockets,layers and/or seams
Severely Weathered All of the rock material is discolored and most of the rock mass has
decomposed into a soil with the original mass structure stili largely intact
JOINT DESCRIPTION
Spacing in2!jg,Ut'Lon (degrse�} urtac
.-Very Close <2" Horizontal 0-5 Slickensided Polished
Close 2"-•t2" Shallow 5-35Smooth Planar
Close to Wide 12"-3' Moderate 35-65 Irregular Granular
Wide >3' Steep 65-85 Rough Jagged
Vertical 85-90
BEDDING THICKNESS
Very Thick >4'
Thick 2'to 4'
Thin 2"to 2'
Very Thin 0.6"to 2"
Laminated 0.08"to 0.5"
Thinly Laminated {0.06"
I TERRA/-MA*V FIGURE NO.:7
FORT WORTH
City of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value,of the contract;is.$25,000'or,more,the.. "PE goal:is applicable.
If the total dollar value of the contract is less than $25,000,the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business
Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements
and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid.
M/WBE PROJECT GOALS
The City's MBE/WBE goal on this project is %of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by
- either of the following:
1. Meet or exceed the above stated M/WBE goal,or
2. Good Faith Effort documentation,or;
3. Waiver documentation,or;
4. Joint Venture.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department,within the following times allocated, in order
for the entire bid to be considered responsive to the specifications.
1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid
met or exceeded: opening date, exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if participation is less than opening date, exclusive of the bid opening date.
stated goal:
3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid
Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid
perform all subcontracting/supplier work: opening date, exclusive of the bid opening date.
5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid
to met or exceed goal. opening date, exclusive of the bid opening date.
FAILURE TO COMPLY.WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING.CONSIDERED
NON-RESPONSIVE TO SPECIFICATIONS
Any questions,please contact the M/WBE Office at(817)392-6104.
i
Rev.5/30/03
i
ATTACHMENT 1A
Page 1 of 1
FORT WORTH City of Fort Worth
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME: Check applicable block to describe prime
PROJECT NAME: M/W/DBE NON-M/W/DBE
BID DATE
City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER
%
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its;'entirety with ;requested 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 Offeror agrees, to enter, into a formal agreement with the M/WBE firm(s) listed in this
utilization 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 bid specifications
M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties.
Identify each Tier level. Tier is the level.of subcontracting below the prime contractor,' i.e., a direct,
payment from the prime contractor to a subcontractor is considered 1s`tier,.a payment by a subcontractor to
its supplier is considered 2"a tier
ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have
been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification
Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business
Enterprise (DBE)is synonymous with Minority/Women Business Enterprise (M/WBE).
If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
v 5/30 3
i
ATTACHMENT 1A
FORT WORTH Page 2 of 2
Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs.
Please list M/WBE firms first,use additional sheets if necessary.
Certification N
(check one)
SUBCONTRACTORISUPPLIER T n'
Company Name i N T Detail Detail
Address e M W C X M.. Subcontracting Work Supplies Purchased Dollar Amount
Telephone/Fax r t3 B a o 'B.'
E E C T E `
A
Rev.5/30/03
i
ATTACHMENT 1A
FORT WORTH Page 3 of 3
Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e., Minority,Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
Certification �.
(check one)
SUBCONTRACTORISUPPLIER T r`
Company Name i N T Detail Detail
Address e M W C X ;V Subcontracting Work Supplies Purchased Dollar Amount
Telephone/Fax r B g T D ..�.
E E R O J
C T E
A
Rev.5/30/03
I
ATTACHMENT 1A
FORT WORTH Page 4 of 4
Total Dollar Amount of M/WBE Subcontractors/Suppliers $
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $
The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval
of the Minority and Women Business, Enterprise 'Office Manager or designee through. the submittal of a
Request for Approval of Change/Addition. Any;unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor
shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed
M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work
performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City work for a period of not less than three (3) years and for initiating action under Federal, State or
Local laws concerning false statements. Any failure to comply with this ordinance and create a material
breach of contract may result in a determination of an irresponsible Offeror and barred from participating in
City work for a period of time not less than one (1) year.
Authorized Signature Printed Signature
Title Contact Name/Title(if different)
Company Name Telephone and/or Fax
Address E-mail Address
City/State/Zip Date
�irj'�(lt t�Qy�
ATTACHMENT 1C
Page I of 3
FORT WORTH
City of Fort Worth
Good Faith Effort Form
PRIME COMPANY NAME: Check applicable block to describe
prime
PROJECT NAME: MAN/DBE NON-M/W/DBE
BID DATE
City's MIWBE Project Goal: PROJECT NUMBER
Fif u have secure M[W E participation.an(A h ia6tin*6:arid1orsuppl or if
yo B you have ler opportunitie your.
DBE participation is less than the City's project goal,you must complete this,form.
B
If the bidder's method of compliance with the MIWBE goal is based upon demonstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, I thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
Failure,.1o%:,complpte-,this form,.',In ,its entiretywith ..supporting.documentation, .and:received b
yAhq
Managing,Department.on.,or.before 5:00,p.m.,five (5) City business. a- 'b'
pys.a, er, Id opening, exclusive.:of
bid opening date,will result in the bid being Considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this
project, regardless of whether it is to be provided by a MIWBE or non-MIWBE. (DO NOT LIST NAMES
OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the
tier.
(Use additional sheets, if necessary)
List of Subcontracting Opportunities List of Supplier Opportunities
Rev.05/30/03
ATTACHMENT 1C
Page 2 of 3
2.) Obtain a current(not more than three(3)months old from the bid open date) list of M/WBE
subcontractors and/or suppliers from the City's M/WBE Office.
Yes Date of Listing
No
3.) Did you solicit bids from MMBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
Yes (If yes,attach M/WBE mail listing to Include name of firm and address and a dated copy of letter mailed.)
No
4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are
opened?
Yes (if yes,attach list to include name of M/WBE firm, ep rson contacted,phone number and date and time of contact.)
No
E
A.facsimile may be used to comply with either 3 or.4, but may not be:used for both.:if a facsimile
d,.`attach the fax confirmation, .:which is to. provide .M/WBE name, date, time, fax. number and
entation faxed.
NOTE; if the list of MMIBEs for a particular subcontracting/supplier opportunity is ten (10) or Jess, the,
bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs fora
particular subcontracting/supplier opportunity,is,ten (10) or more, the bidder mus_t contact at.least.two-
thirds (2/3) of.the list.within.such area of.opportunity, but not.less.than ten_.to be in compliance with
questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the M[WBEs?
Yes
No
6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in
the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any
supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide
dispute concerning quotes, the bidder will provide for confidential in-camera access to and
inspection of any relevant documentation by City personnel.
Please use additional sheets,if necessary,and attach.
Company Name Telephone Contact Person Scope of Work Reason for Rejection
Rev.05/30/03
ATTACHMENT 1C
Page 3 of 3
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
MIWBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the MIWBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachment 1C will be contacted and the reasons for not using them will be verified by
the City's IVIIWBE Office.
Authorized Signature Printed Signature
Title Contact Name and Title(if different)
Company Name Phone Number Fax Number
Address Email Address
Rev.05/30/03
Joint Venture
Page 1 of 3
FORT WORTH
CITY OF FORT WORTH
Joint Venture Eligibility Form
All questions rnust be answered;use"NA"if applicable.
Name of City project:
A joint venture form must be completed on each project
RFP/Bid/Purchasing Number:
1.Joint venture information:
Joint Venture Name:
Joint Venture Address:
(If applicable)
Telephone: Facsimile: E-mail address:
Cellular:
Identify the firms that comprise the joint venture:
Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the
Ioint venture
M/WBE firm Non-M/WBE
name: firm name:
Business Address: Business Address:
City,State,Zip: City,State,Zip:
Telephone Facsimile E-mail Telephone Facsimile
Cellular Cellular
Certification Status: E-mail address
Name of Certifying Agency: m - -
2. Scope of work performed by the Joint Venture:
Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE:
Joint Venture
Page 2 of 3
3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward
meeting the project goal?
4.Attach a copy of the joint venture agreement.
5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement)
Profit
and loss sharing:
J
Capital contributions,including
equipment:
Other applicable ownership interests:
6. Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-to-day
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
Management decisions:
a. Estimating
---------------------------------------------
b. Marketing and Sales
---------------------------------------------
c. Hiring and Firing of management
personnel
----------------------------------------------
d. Purchasing of major equipment
and/or supplies
Supervision of field operations
The City's Minority and Women Business Enterprise Office will review your joint venture submission and
will have final approval of the M/WBE percentage applied toward the goal for the project listed on this
form.
NOTE:
From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar
amounts/percentages change from the originally approved information, then the participants must inform the City's
M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and
may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance.
Rev.5/30/03
Joint Venture
Page 3 of
AFFIDAVIT
x
The undersigned affirms that the foregoing statements are true and correct and include all material information
necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall
agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments
herein.
The City also reserves the right to request any additional information deemed necessary to determine if the joint
venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds
for termination of the eligibility process.
The undersigned agree to permit audits, interviews with owners and examination of the books,records and files
of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this
provision shall result in the termination of any contract, which may be awarded under the provisions of this joint
venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false
statements or willful misrepresentation of facts.
................... ................................----•---•---•----------.
Name of M/WBE firm Name of non-M/WBE firm
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Printed Name of Owner Printed Name of Owner
Signature of Owner Signature of Owner
Title Title
Date Date
Notarization
State of County of
On this day of ,20 ,before me appeared
and
to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they were
properly authorized to execute this affidavit and did so as their free act and deed.
Notary Public
Print Name
Notary Public
Signature
Commission Expires fsear)
Rev.5/30/03
NOTICE TO BIDDERS
Sealed bids for Western Communications Tower, Eagle Mountain Water Treatment Plant, 6801 Bowman
Roberts Road, Fort Worth,will be received at the Purchasing Office, City of Fort Worth, 1000
Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, November 18, 2004,and will be opened
and publicly read aloud approximately thirty minutes later in the Council Chambers.
The Project consists of construction of a 220 foot, self supporting, communication tower with foundation.
Bidders must submit a bid bond with their proposal. Contractors will be required to post Payment and
Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation
Coverage.
Copies of the Project Manual may be obtained on-line at
http://proiecti)oint,buzzsaw.com/client/fortworthgov, user name "Cowtown", password
"Cowtown2004", or by hard copy from the Architectural Services Division, 319 West Tenth
Street, Fort Worth, Texas 76102. For additional information contact Gregory Williamson, IT
Communications Group at 817-392-2402 or by Fax 817-877-8480, or by email from
Gregory.Williamson(cD,fortworthgov.org
Advertisement: November 3, 2004 and November 11, 2004
� a
TABLE OF CONTENTS
NOTICE TO BIDDERS
TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS
PROPOSAL
GENERAL CONDITIONS
WEATHER TABLE
WAGE RATES or FEDERAL WAGE RATES
CONTRACT
PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE
CONTRACTOR COMPLIANCE WITH WORKERS'COMPENSATION LAW
ENCLOSURES
1. Specifications
2. Vicinity map
3. Site Plan
4. Communications Tower, Elevation Drawing
5. Antennae Platform Drawing
6. Antennae Mounting Detail
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 Manual.
• Entries on the Proposal Form may be handwritten or typed
• Write in contract duration if not specified
• Acknowledge all addenda on the Proposal Form
• Have a Principal sign the Proposal
• Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard
bid bond. Personal checks are not acceptable. Note Project Name on the check or bid
bond
2. MINORITYMOMENS BUSINESS ENTERPRISE (MMBE) (Waived)
3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort
Worth, in an amount of five (5) per cent of the bid submitted. The Bid Security must accompany the bid
and is subject to forfeit in 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 90
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
Texas Government Code Section 2253, 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 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, Facilities Management Division, 319 West Tenth Street, Fort Worth,
TX 76102, within five business days subsequent to bid opening (Normally Thursday following a Thursday
bid opening) in order to assist City staff in determining the Contractor's capability of performing the work
and in meeting City contract requirements:
Contractors Qualification Statement(AIA Form A305)
Proposed Subcontractors and Suppliers
Proof of insurability for Statutory Workers Compensation Insurance
9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept
the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing
recommendations for award of the contract. The Contractor must provide and use subcontractors listed
unless the City agrees to allow a substitute.
10. DISCREPANCIES AND ADDENDA:
Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to
their meaning, he shall notify the City at once. If required, the City will then prepare a written addendum
that will be available to all Bidders at the Plans Desk or place designated for distribution of Bid
Documents by the Notice to Bidders. The Contractor is responsible for determining if addenda are
available and for securing copies prior to submitting a proposal. Oral instructions or decisions unless
confirmed by addenda will not be considered valid, legal or binding. No extras will be authorized because
of failure of the contractor to include work called for in the addenda.
Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the
Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include
its information in the Proposal.
11. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate that
coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that
Workers Compensation Insurance will be obtained, must be submitted within five working days of bid
opening
12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to
State sales taxes under House Bill 11, enacted August 15, 1991.
13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits
required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits
may be required for each work location. The City will be responsible for FAA permits.
AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact
fees. The City will pay all fees from the electrical and gas companies in the base bid. The Contractor will
be responsible for coordinating with City and utility companies for installation of utilities.
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15 � 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.
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. Use of brands of like nature and quality will be considered. Upon request of
the architect or contractor, the contractor will submit a full sized sample and/or detailed information as
required to allow the architect to determine the acceptability of proposed substitutions. Where equipment
has been listed as"no substitute accepted",the City will accept no alternates to the specified equipment.
00000
Insert MWBE Special conditions here
PROPOSAL
T0: MR. CHARLES BOSWELL
CITY MANAGER
CITY OF FORT WORTH, TEXAS
FOR: WESTERN COMMUNICATIONS TOWER
TPW 2004- 11
Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do all the
work and furnish all labor, equipment and materials necessary to fully complete all the work as provided
in the plans and specifications, and subject to the inspection and approval of the Director of
Transportation and Public Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if
the contract amount exceeds $25,000.00, furnish Performance and/or Payment Bonds approved by the
City of iFort Worth for performing and completing the Work within the time stated and for the following
sum, to wit:
DESCRIPTION OF ITEMS
Base Bid: Furnish and install self-supported communications tower $ 156,109.00
The undersigned agrees to complete the Work within 90 calendar days after the date of Notice
to Proceed.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for
the above work.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee applicants
to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as
amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the
award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as
low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that
Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a
comparable contract in the state in which the non-resident's principal place of business is located. The
appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet
specifications. The failure of out of state or non-resident bidders Failure to complete the forms may
disqualify that bidder. Resident bidders must check the box in Section B.
A. 1_1 Non-resident vendors in (give state), our principal place of
business, are required to be percent lower than resident bidders by state
law.
J'N Non-resident vendors in IOWA (give state), are not required to
underbid resident bidders.
B. 1_1 Our principal place of business or corporate offices are in the State of
Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the
formal contract and will deliver an approved Surety Bond for the faithful performance of this contact. The
attached deposit check in the sum of 50/. Dollars ($ ) is to become the property of the
City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and
bond are not executed within the time set forth, as liquidated damages for delay and additional work
caused thereby.
Respectfully submitted,
SABRE COMMUNICATIONS CORPORATION
Company Name
By: /l/✓t�'^��'t'�/,
Signature
SCOTT AALFS EXECUTIVE VICE PRESIDENT
Printed Name of Principal Title
Address: 2101 MURRAY STREET
Street
SIOUX CITY, IA 51111
City Zip
Phone: (712) 258-6690
Fax: (712) 279-0814
Receipt is acknowledged of the following addenda:
Addendum No. 1: X
Addendum No. 2: X
Addendum No. 3: X
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ATTACHMENT 1A
Page 1m1
» FORTWORTHCity of Fort Worth
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME: Check applicable block to describe prime
SABRE COMMUNICATIONS CORPORATION
PROJECT NAME: 1XI
BID DATE
WESTERN COMMUNICATIONS TOWER DECEMBER 2, 2004
City's MIWBE Project Goal: Prime's MIWBE Project Utilization: PROJECT NUMBER
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_
/
Identify all subcontractors/suppliers you will use on this project
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Failure to complete this form, in its entirety with requested 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 Offeror agrees to enter into a formal agreement with the MANBE firm(s) listed in this utilization 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 bid specifications M8WB2e listed toward meeting the project Qoal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, CoUin, DaUae, Denton, Ellis, Kaufman and Rockwall counties.
Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct
payment from the prime contractor to a subcontractor is considered Il't tier, a payment by a subcontractor to
nd
its supplier is considered 2 tier
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ALL M[WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, |uoabsd or doing business adthe time of bid opening within the K4arkatplaoe, that have
been determined to be bonefida minority or women buoinaoaoo by the North Central Texas Regional Certification
/
Agency (NCTRCA). or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business
«
Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (MANBE).
If hauling services are utilized, the prime will be given credit as long as the MAIVBE listed owns and'
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another M/WBE firm, including MIWBE owner-operators, and receive full M/WBE credit. The
MIWBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
Rev.5/30/03
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ATTACHMENT 1A
FORT WORTH Page 2 of 2
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
Certification N
(check one)
SUBCONTRACTOR/SUPPLIER T
Company Name ; N T Detail Detail
Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount
Tele hone/Fax r B B T D W
Telephone/Fax R O B
E E C T E
A
CAN—FM CaZT=CN CO. 1 X FC U%DAT CN $28 ,615 . 00
11150 MDRRI0GN LANE II\bTIALIATTC N
DALLAS, TX 75229
Phom: (972) 484.4344
Fax: (972) 484-4223
CHOCPAW E�ICRS, DE. 1 X IC7WEf2 $30,800.00
FO BOX 156506 E12B=CN
FORT WMM, TX 76155
Pfrim: (972) 790-2255
Fax: (972) 790-2424
Rev.5/30/03
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ATTACHMENT 1A
FORT WORTH Page 3 of 3
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
Certification
(check one) C
SUBCONTRACTORISUPPLIER T r:
Company Name i N T Detail Detail
Address e M W C X F Subcontracting Work Supplies Purchased Dollar Amount
T D y'
Telephone/Fax r B B R O E
E E C T E
A
i
F
Rev.5/30/03
i
ATTACHMENT IA
FORT NORTH Page 4 of 4
Ir—
Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 59,415.00
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ ---
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 59,415.00
The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval
of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a
Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor
shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed
M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work
performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City work for a period of not less than three (3) years and for initiating action under Federal, State or
Local laws concerning false statements. Any failure to comply with this ordinance and create a material
breach of contract may result in a determination of an irresponsible Offeror and barred from participating in
City work for a period of time not less than one (1) year.
SCOTT AALFS
Authorized Signature Printed Signature
EXECUTIVE VICE PRESIDENT MARK E. GOTHIER, GOVT PROJECTS MANAGER
Title Contact Name/Title(if different)
SABRE COMMUNICATIONS CORPORATION (712) 258-6690 FAX: (712) 279-0814
Company Name Telephone and/or Fax
2101 MURRAY STREET mgothier@sabrecom.com
Address E-mail Address
SIOUX CITY, IA 51111 DECEMBER 2, 2004
City/State/Zip Date
Rev.5/30/03
City ofFort Worth General construction Conditions
WEATHER TABLE
Month Average Inches Snow/ice
Days of of Pellets
Rain Rainfall
January 7 1.80
February 7 2.36
March 7 2.54
April 8 4.30 0
May 8 4.47 0
June 6 3.05 0
July 5 1.84 0August 5 2.26 0
September 7 3.15 0
October 5 2.68
November 6 2.03
December 6 1.82
ANNUALLY 77 32.30 1
'
U Mean number ofdays rainfall, O.O1"uxmore
Average normal precipitation, ininches
� (3) Mean number of days 1.0 inch or more
°
Less than 0.5inches
This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32
� dog 54 min north, longitude 97deg 82min West, elevation (ground)551 ft.
Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is
&
based unrecord of1Q41'1870period.
�
This table is to be used as a basis for calculation of excess rain or weather days for projects with duration
incalendar days. If the site records indicate that the Contractor was unable to carry out operations due to
� vvoadher, it is counted as a weather day. If the number of weather days exceeds the number of average
'
rain days plus the snow/ice-pellet days for a given month,the contract period will be adjusted by Change
Order.
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PROJECT DESIGNATION SIGN
1-112"
F V,
4
-v
ORTWORTH,-
3-
3"
1 Project Title
Contractor:
2-172" Contractors Name
1-314"
1" FUNDED BY
2-112" (List Bond Fund, etc)
1- 1 SCHEDULED COMPLETION DATE
1-1/2" YEAR
1-112" 4'-0"
SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE,
CONTRACTOR,BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA.
CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT .
MOLLY"LOGO IS PMS 157.
WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE"
i
Fopuwopun
TEXAS CERTIFICATE OF EXEMPTION
I claim an exemption from payment of sales and use taxes for the purchase of taxable items described
below or on the attached order or invoice.
Description of Items(or an attached order or invoice) To be Purchased: All Items
I claim this exemption for the following reason:
Name of exemption organization: City of Fort Worth
Texas Sales and Use Tax Permit#1-75-6000528-6
I understand that I will be liable for payment of sales tax which may become due for failure to
comply with the provision of the states,city and or metropolitan transit authority sales and use tax
laws and comptroller rules regarding exempt purchases. Liability for the tax will be determine by
the price paid for the taxable items purchased or the fair market rental value for the period of time
use.
I understand that It is a misdemeanor to give an exemption certificate to the seller taxable items
which I know,at the time of purchase,will be used in a manner other than that expensed In this
certificate and upon conviction,may be fined up to$500 per offense.
Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section I.
Purchasers: City of Fort Worth
Str ct ddress: 1 0 Throck ori rf�n
Ci 9ambd a on hal to be provided
Sij na gAtraO7' c�T
Date: Phone:
Fax:
This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or
4Qt2x exempt"numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed certificate to the
Comptroller of Public Accounts.
FINANCE DEPARTMENT
PURCHASING DIVISION
THE CITY OF FORT WORTH * 1000 THRocKMORTON STREET Or FORT WORTH,TEXAS 76102
(817)871-8360 * FAX(817)871-8440
(�j Printed on recycled
2000
BUILDING&CONSTRUCTION TRADES
STANDARD WAGE RATE
FOR TARRANT COUNTY
CLASSIFICATION HOURLY RATE CLASSIFICATION HOURLY RATE
AIR CONDITIONING MECHANIC $15.96 PLASTERER 13.29
AIR CONDITIONING MECHANIC HELPER 8.81 PLASTERER HELPER 8.63
ACOUSTIC CEILING INSTALLER 13.82 PLUMBER 16.26
ACOUSTIC CEILING INSTALLER HELPER 9.79 PLUMBER HELPER 9.39
BRICKLAYER/STONE MASON 13.25 REINFORCING STEEL SETTER 11.88
BRICKLAYER/STONE MASON HELPER 9.86 REINFORCING STEEL HELPER 9.18
CARPENTER 13.00 ROOFER 13.I7
CARPENTER HELPER 9.34 ROOFER HELPER 7.82
CONCRETE FINISHER 12.00 SHEET METAL WORKER 15.87
CONCRETE FINISHER HELPER 9.44 SHEET METAL WORKER HELPER 9.29
CONCRETE FORM BUILDER 11.59 SHEETROCK HANUER 12.70
CONCRETE FORM BUILDER HELPER 8.87 SHEETROCK HANGER HELPER 9.71
DRYWALL TAPER 11.87 SPRINKLER SYSTEM INSTALLER 16.93
DRYWALL TAPER HELPER 8.25 SPRINKLER SYSTEM INSTALLER HELPER 7.81
ELECTRICIAN JOURNEYMAN 16.29 STEEL WORKER STRUCTURAL 14.66
ELECTRICIAN HELPER 10.20 STEEL WORKER STRUCTURAL HELPER 7.91
ELECTRONIC TECHNICIAN 12.86 WELDER 14.87
ELECTRONIC TECHNICIAN HELPER 12.67 WELDER HELPER 9.67
FLOOR LAYER(CARPET) 13.58
FLOOR LAYER(RESILIENT) 14.48 HEAVY EQUIPMENT OPERATORS
FLOOR LAYER HELPER 8.56
GLAZIER 13.66 EQUIPMENT OPERATORS 14.66
GLAZIER HELPER 9.26 CONCRETE PUMP OPERATORS 13.30
INSULATOR 15.89
INSULATOR HELPER 9.46 CRANE,CLAMSHELL,BACKHOE,
LABORER COMMON 7.82 DERRICK,D-LINE SHO 13.03
LABORER SKILLED 9.66
LATHER 15.80 FORKLIFT OPERATOR 10.34
LATHER HELPER 11.75 FOUNDATION DRILL OPERATOR 11.66
METAL BUILDING ASSEMBLER I3.34 FRONT END LOADER OPERATOR 11.60
METAL BUILDING ASSEMBLER HELPER 7.85 TRUCK DRIVER 9.80
PAINTER 11.93
PAINTER HELPER 8.30
PIPEFITTER 14.33
PIPEFITTER HELPER 10.93
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CITY OF FORT WORTH, TEXAS
CONSTRUCTION CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the 215` day of December AD, 20 04 ,
by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas,
organized and existing under and by virtue of a special charter adopted by the qualified voters within said
City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home
Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at
a regular meeting of the City Council of said city, hereinafter called OWNER, and Sabre
Communications Corporation of the City of Sioux City County of Woodbury State
of Iowa hereinafter called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to
be made and performed by the Owner, and under the conditions expressed in the bond bearing even
date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
WESTERN COMMUNICATIONS TOWER
EAGLE MOUNTAIN WATER TREATMENT PLANT
That the work herein contemplated shall consist of furnishing as an independent contractor all labor,
tools, appliances and materials necessary for the construction and completion of said project in
accordance with the Plans and Specifications and Contract Documents adopted by the City Council of
the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and
made a part of this contract the same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten
(10) days after being notified in writing to do so by the Owner.
City agrees and binds itself to pay, and the.said Contractor agrees to receive, for all of the aforesaid
work, and for stated additions thereto or deductions therefrom, the price shown on the Proposal
submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in
monthly installments upon actual work completed by contractor and accepted by the Owner and receipt
of invoice from the Contractor.
The agreed upon total contract amount shall be $156.109.00 and includes the base bid and No
Alternates. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within
90 calendar days.
Insurance Requirements:
The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works
Department as certificate holder, showing the required General Contractors Liability coverage,
Auto Liability, and Builder's Risk.
Contractor agrees to provide to the City a Certificate showing that it has obtained a policy of
workers compensation insurance covering each of its employees on the project in compliance
with State Law. No Notice to Proceed will be issued until the Contractor has complied with this
section.
C - 1
Contract agrees to require each and every subcontractor who will perform work on the project to
provide to it a certificate from such subcontractor stating that the subcontractor has a policy of
workers compensation insurance covering each employee employed on the project. Contractor
will not permit any subcontractor to perform work on the project until such certificate has been
acquired. Contractor shall provide a copy of all such certificates to the City.
If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount
of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and
Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth
Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived.
Separate permits will be required for each facility.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and
Contract Documents within the time so stipulated, plus any additional time allowed as provided in the
General Conditions, there shall be deducted from any monies due or which may thereafter become due
him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated
damages, the Contractor and his Surety shall be liable to the Owner for such deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in SIX 6
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through
its duly authorized officers in SIX (6) counterparts with its corporate seal attached.
Dane in Foil Worth, Texas, this the 21St day of December AD, 20 04
SARRE COMMUNICATIONS CORPORATION
Contractor
By: APPROV
Name SCOTT AAUFS
'f
EXEC.TTTTVR VICE PRESIDENT By:
Office (/ Assistant� ty ManQr
APPROVAL RECOMMENDED: RECORDED:
By: � '� By:
Transportati n and Public Works City Secretarp
�h
APPROVED AS TO FORM AND LEGALITY: I oajq
Date
By: 1 O
Assistant City Attorney
Dat
'C;12til 'K'10� 1`!�Fy
�' C - 2
PERFORMANCE BOND Bond No. S323539
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, (1) Sabre Communications Corporation , as Principal
herein, and (2) Employers Mutual Casualty Company
a corporation organized under the laws of the State of(3) Iowa ,
and who is authorized to issue surety bonds in the State of Texas, Surety herein, are
held and firmly bound unto the City of Fort Worth, a municipal corporation located in
Tarrant and Denton Counties, Texas, Obligee herein, in the sum of One Hundred Fifty
Six Thousand One Hundred Nine Dollars and No Cents Dollars ( $156,109.00 ) for
the payment of which sum we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a certain written contract with the Obligee
dated the 21St day of December , 2004, a copy of which is attached hereto and
made a part hereof for all purposes, for the construction of WESTERN
COMMUNICATIONS TOWER EAGLE MOUNTAIN WATER TREATMENT PLANT
Project No. C132-004132001001.
NOW, THEREFORE, the condition of this obligation is such, if the said Principal
R shall faithfully perform the work in accordance with the plans, specifications, and
contract documents and shall fully indemnify and hold harmless the Obligee from all
costs and damages which Obligee may suffer by reason of Principal's default, and
reimburse and repay Obligee for all outlay and expense that Obligee may incur in
making good such default, then this obligation shall be void; otherwise, to remain in full
force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of
the Texas Government Code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of such statute, to the same extent as if it
_ were copied at length herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal
and the Surety have executed this instrument.
SIGNED and SEALED this 21St day of December , 2004.
Sabre Communications Corporation
PRINCIPAL
ATTE rBy:
G/
_ Name: SCOTT AALF,S
(Principaii) ,ecretary / JANIE WYA ERG
Title: EXECUTIVE VICE PRESIDENT
(S E A L) Address. 2101 Murray Street
Sioux City, IA 51111
'01itness as to Principal MARK GOTHIER
Employers Mutual Casualty Company
SURETY
ATTEST: By:(Izn P-2 �-
0(rd-I'Lb Name: Dianne S. Riley
Se tary Janet Alessio Attorney in Fact
(S E A L) Address: % Holmes Murphy & Associates, Inc.
3001 Westown Parkway
61 West Des Moines, IA 50266-1321
Witness as to Surety Telephone Number: 515-280-2689
Martha Lathrum
NOTE: (1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of
Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
PAYMENT BOND Bond No. S323539
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, (1) Sabre Communications Corporation , as Principal
herein, and (2) Employers Mutual Casualty Company
a corporation organized and existing under the laws of the State of (3) Iowa ,
as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation
located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One
Hundred Fifty Six Thousand, One Hundred Nine Dollars and No Cents Dollars
( $156,109.00 ) for the payment whereof, the said Principal and Surety bind themselves
E-
and their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Obligee dated the 21St day of December , 2004, which contract is hereby referred
to and made a part hereof as if fully and to the same extent as if copied at length, for the
following project: WESTERN COMMUNICATIONS TOWER, EAGLE MOUNTAIN
WATER TREATMENT PLANT Proiect No. C132-004132001001.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall faithfully make payment to each and every claimant (as defined
in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in
the prosecution of the work under the contract, then this obligation shall be void;
otherwise, to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of
the Texas Government Code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of said statute, to the same extent as if it
were copied at length herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal
and the Surety have executed this instrument.
SIGNED and SEALED this 21St day of December , 2004.
Sabre Communications Corporation
PRINCIPAL
ATTES By:
Name: SCOTT AALFS
(Principal)"Secreta JANIE WYA ERG
Title: EXECUTIVE VICE PRESIDENT
(S E A L) Address: 2101 Murray Street
i Sioux Ci t,y., IA 51111
i �
Witness as to Principal MARK GOTHIER
Employers Mutual Casualty Company
SURETY
ATTEST: By: Q �
a1 Name: Dianne S. Riley 67
Seo6tary Janet Alessio Attorney in Fact
(S E A L) Address: % Holmes Murphy & Associates, Inc.
3001 Westown Parkway
West Des Moines, IA 50266-1321
.0yYi�
Witness as to Surety Telephone Number: 515-280-2689
Martha Lathrum
NOTE: (1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of
Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
EMC Insurance Companies
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or to make a complaint: Para obtener informacion o para someter una
You may call EMC Insurance Companies toll free queja:
telephone number for information or to make a Usted puede liamar al numbero de telefono
complaint at: gratis de EMC Insurance Companies para
informacion o para someter una queja a:
1-800-223-0562
1-800-223-0562
You may contact the Texas Department of
Insurance to obtain information on companies, Pueda comunicarse con el Departamento de
coverages, rights, or complaints at: Seguros de Texas para obtener informacion
acerca de companies, coberturas, derechos o
1-800-252-3439 quejas a:
You may write the Texas Department of 1-800-252-3439
Insurance:
Puede escriber al Departamento de Seguros de
P.O. Box 149104 Texas:
Austin, Texas 78714-9104
FAX# (512) 475-1771 P.O. Box 149104
E-Mail WWW.TDI.STATE.TX.US Austin, Texas 78714-9104
FAX# (512) 475-1771
PREMIUM OR CLAIM DISPUTES:
E-Mail WWW.TDI.STATE.TX.US
Should you have a dispute concerning your
premium or about a claim you should contact the DISPUTAS SOBRE PREMAS O RECLAMOS:
agent first. If the dispute is not resolved, you Si tiene una disputa concerniente a su prima o a
contact the Texas Department of Insurance. un reclamo, debe communicarse con el agente
primero. Si no se resuelvo la disputa puede
ATTACH THIS NOTICE TO YOUR POLICY: entonces comunicarse con el Departamento
This notice is for information only and does not
become a part or condition of the attached
document. UNA ESTE AVISO A SU POLIZA:
Este aviso es solo para proposito de informacion
y no se convierte en parte o condicion del
documento adjunto.
IL8044(2-00) Page 1 of 1
/EMCInsurance Companies No. 6 0 2 7.3 3
P.O. Box 712•Des Moines,to 50303-0712
I
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation
2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation
:31.; Union Insurance Company of Providence,an Iowa Corporation 7, The Hamilton Mutual Insurance Company,an Ohio Corporation
4. Illinois EMCASCO Insurance Company,an Iowa Corporation
hereinafter referred to severally as"Company"and collectively as"Companies",each does,by,these presents,make,constitute and appoint.
BRIAN M. DEIMERLY, CRAIGE.'HANSEN, JAY D. FREIERMUTH, JANET ALESSIO, DIANNE S. RILEY, MARTHA'LATHRUM,
INDIVIDUALLY, DES MOINES, IOWA.................................................................................................................................................................
its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a
similar nature as follows
IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS ......................... ..... ....................................... .I............... ($10,000,000.00)
and to-bind each Company thereby as fully and to the same extent as if such instruments'were signed by the duly authorized officers of each such Company,and at of
the Acts of said attomey pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire April 1, 2005 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attorney is made and executed pursuant to and by the,authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly'scheduled meeting of each Company duly called and held in 1999;
RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authorityto (1) appoint attomeys•in-fact and authorize them to;execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(2)to remove any such attorney-in-fact at any time and revoke
the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer,,whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power-of-aftomey of the Company,shall be valid and binding upon the Company with the same force and affect as though manually affixed.
IN ITNESS WHEREOF,the C m nies have caused these nts to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this
nct day of ,ParPuary �b
Seals
Bruce G.Kelley,Chairman Jeffrey S.Birdsley
r ''o iNsu Nce co" a c of Companies 2,3,4,5&6; resident Assistant Secreta
PgG R42; Q,P,,u :s p Secretary
�L,`�PPOA,q�f,•�'�; _`=`pPPOg4lo-Po. oQ;=`�ftPORq�;9= of Company 1;Vice Chairman and
r _.o SEAL 0 1863 mZ.P 1953 CEO of Company 7
KMA
lOWPf. �' IOWA
" 22nd January 2002
GOn this <, day of AD before me`a
o`N5eaq�Fc su.... Qs��Tua��qs . Notary Public in and for the State of Iowa,personally appeared Bruce G.`Kelley and Jeffrey S.
Iqq; O� FFOR - Birdsley,who, being by me duly sworn,did say that they are,and are known to me to be the
Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of
W; SEAL ;?; :a, SEAL SEAL
. a_ .�: o; each of The Companies above;that the seals affixed to this instrument are the seals of said
* :` t�.,,,,,,,,• -,°�s ,,,,,,,•�,Q; corporations;that said instrument was signed and sealed on behalf of each of the Companies
rowP qIH ORK� SINES 0,` by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and
• " •' "" Jeffrey S Birdsley,as such officers, acknowledge the execution of said instrument to be:the
u voluntary act and deed of each of the Companies.
1lTU 9 My Commission Expires September 30,2006.
RUTA KRUMINS
Commission Number 176255
t My Comm.Exp.Sept.30,2006 Nota Public in and for the State of Iowa
A Notary
CERTIFICATE
I,David L.Hixenbaugh,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the
Companies, d thi er of A for iss d ursuant t Bret o January 22, 2002
Nd I r elmer y, Iyalg .t$ansen, �ay �. retermu
-Martha La
on behalf of tt
are true and correct and are still in full force and effect. f }';;f,'l j
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 21 st day of December 4 p
o Y Y
Form 7832(9102)
"For-verification of of • of • you
AGORD. CERTIFICATE OF HAMMY h�Y INSURANCEDATE1/18/05Y1
PRODUCER 866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy/Nebraska ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2637 South 158th Plaza HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Omaha, NE 68130 INSURERS AFFORDING COVERAGE
INSURED Sabre Communications INSURER A: Great Northern Insurance Co.
Corporation INSURER B: Federal Insurance Company
P. 0. Box 658 INSURER C: Great American Insurance Co.
Sioux City IA 51 102 INSURER D: Commerce & Industry Ins. Co.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
_LIELDATE(MMfDDNY) DATE(MM/DDNY)
A GENERAL LIABILITY 35794076 5/01/04 5/01/05 EACH OCCURRENCE S 1000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) 9 300000
CLAIMS MADE a OCCUR MED EXP(Any one person) S 5000
PERSONAL&ADV INJURY S 1000000
GENERAL AGGREGATE 9 2000000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2000000
POLICY X PRO-jECT X LOC
B AUTOMOBILE LIABILITY 73527492 5/01/04 5/01/05 COMBINED SINGLE LIMIT
X ANY AUTO (All Except TX) (Ea accident) S 1000000
ALL OWNED AUTOS 73527493-Texas BODILY INJURY S
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) S
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
C EXCESS LIABILITY TUU5575800 5/01/04 5/01/05 EACH OCCURRENCE $ 15000000
X OCCUR r_1 CLAIMS MADE AGGREGATE 8 15000000
a
DEDUCTIBLE $
X RETENTION S 10000 $
D WORKERS COMPENSATION AND WC9681603 5/01/04 5/01/05 X roRSTMTUs oEH-
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT S 1000000
E.L.DISEASE-EA EMPLOYEE $ 1000000
E.L.DISEASE-POLICY LIMIT S 1000000
=Bdws
IM08003076 6/03/04 6/03/05
sk Construction Site $500,000
Catastrophe Limit $500,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE:Western Communications Tower, Eagle Mountain Water Treatment Plant
See attached for additional wording.
CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Transportation & Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL
1000 Throckmorton Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Fort Worth, TX 76102 REPRESENTATIVES.
AUTHORIZED REPRE NT E
ACORD 25-S (7/97) 0 ACOR OgF
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S(7/97)
01-19-'05 14;45 FROM-HOLMES MURPHY 4023342924 T-535 P02/02 U-648
HOLMES MURPHY
2W?So.1 SOth ft.,Std.200
0MAHA400�A7N E6813p
CERTIFICATE ATTACHMENT
Fox: City of Fort Worth, TX
Insured: Sabre Communications Corporation
t RE: Western Communications Tower, Eagle Mountain Water Treatment Plant
The City of Fort Worth is an Additional Insured on the General
Liability with respect to the operations of the named insured.
Waiver of Subrogation on the Workers Compensation in favor of the
Certificate Holder . All policies are subject to 10 day notice in
event of nonpayment of premium.
Patricia A. :gnQnce
E
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A. Labor Code §406.96 (200coverageforoits employees employed
dl df ei
fies that
it provides workers' compensation insurance fo
on City of Fort Worth Project Western Communications Tower, Ea le Mountain
Water Treatment Plant and City of Fort Worth Project No. C132-004132001001.
CONTRACTOR:
SABRE COMMUNICATIONS CORPORATION
By: �'
Name: SCOTT AALFS
Title: EXECUTIVE VICE PRESIDENT
Date: JANUARY 18, 2005
STATE OF IOWA §
COUNTY OF WOODBURY §
Before me, the undersigned authority, on this day personally appeared
SCOTT AALFS
known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act and deed of
SABRE C
for the purposes and consideration therein expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office this 18 day of JANUARY 2005 .
otar ublic in d for the State
JANIE VVYATr BERG
commission Number 706959
` My commission Expires
City of Fort Worth, Texas
Transportation Public Works Department
Facilities Management Division/Architectural Services Section
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
LUMP SUM CONTRACT
SECTION A
DEFINITIONS,PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting
forth or affecting the rights of the parties,including but not necessarily limited to,the Contract,Notice to Bidders,Proposal,General
Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda,Amendments signed by all parties,Change Orders,
written Interpretations and any written Field Order for a minor change in the Work.
A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties, and no prior or
contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the
Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the
Contractor and the Owner,or Change Order,or by a written Field Order for a minor change.
A-3 WORK. By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated
in order to produce the construction required by Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals, with all
required attachments,including required bonds and insurance certificates,by the Contractor and the Owner in such form as may be
prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and
provide required enclosures will be grounds for revocation of award and taking of Bid Bond.
A-5 FAMILIARITY WITH PROPOSED WORK. Before filing a Proposal, the bidder shall examine carefully the, plans,
specifications, special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site
of work and satisfy himself as to the conditions that will be encountered relating to the character,quality and quantity of work to be
performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with
these requirements and has accepted the site as suitable for the work.
Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by
the plans will not be allowed.
A-6 ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed as a
single unified Contract.The intention of the Contract Documents being to provide for all labor,supervision,materials,equipment and
other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade
meanings are used herein in accordance with such recognized meanings.
A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other
Subdivisions shall not be binding upon the contractor in dividing the work among Subcontractors or Trades.
A-8 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary
for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the
request of the Contractor,or Owner,and will be issued with reasonable promptness and at such times and in accordance with such
schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and
Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the
Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or
furnished by the Architect Contractor,or any subcontractor or materialsman,or involving any question of fault or liability of any party,
the decision of the Owner shall be final and binding.
In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of
precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and
dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions;
and,Construction Contract,
A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. The Architect will furnish to Contractor free of charge 15
sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of
Drawings and Specifications furnished to him.
All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the
Owner. They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract,are
to be returned to the Owner on request at the completion of the work.
Page 1
General Conditions for Facility Construction Lump Sum Contract City of Fort Worth 4/8/2004 `? Irl-,� `� �S Nva
L
A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth has goals for the participation of
disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in
order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included.
The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other
Federally funded Projects.
A-11 CORRELATION AND INTENT. In general,the drawings indicate dimension,locations,positions,quantities,and kinds of
construction;the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not
specified of vice-versa,shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as
similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the specifications the better quality
or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take
precedence over small-scale drawings. Drawings showing locations of equipment, piping,ductwork,electrical apparatus,etc.,are
diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the
Architects approval.
A-12 AGE In accordance with the policy("Policy")of the Executive Branch of the federal government, Contractor covenants
that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in
performing this contract,shall, in connection with the employment, advancement or discharge of employees or in connection with
the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a
bona fide occupational qualification,retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,subcontractors, program participants, or
persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract,a maximum
age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory equipment.
Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure
to comply with the above referenced Policy concerning age discrimination in the performance of this agreement.
A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor
warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of
services to the general public, nor in the availability,terms and/or conditions of employment for applicants for employment with,or
employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions and any other
applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged
failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement.
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION. Where the term "Architect" is used in the "General Conditions of the Contract for
Construction",it shall refer to the Director,Transportation and Public Works or his designated Building Construction Manager. The
Director,Transportation will designate a Project Manager and Building Construction Manager(BCM)to administer this contract and
perform the functions of the "Architect" as indicated in the General Conditions. The design architect or engineer may also be
designated to perform the duties of"Architect'. The term"City"and"Owner"are used interchangeably and refer to the City of Fort
Worth as represented by the Director of Transportation and Public Works or his designated representative.
B-2 TERMINATION AND SUSPENSION OF WORK:The Owner has the right to terminate the Project for any reason.. If the
project is terminated,the Contractor shall:
a) Stop work under the Contract on the date and to the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated.
C) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the
notice of termination.
After termination as above, the City will pay the contractor a proportionate part of the contract price based on the work completed;
provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocatable to the work not completed and further reduced by the amount of payments,if,any otherwise made. Contractor
shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In
the event of 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 the City Council of the City of Fort Worth,and the decision by the
City.Council of the City of Fort Worth shall be final and binding upon all parties to this contract
B-3 DUTIES OF THE ARCHITECT As used herein,the term Architect means the Architect or his authorized representative.
Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor.
Page 2
General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER The Building Construction Manager will provide general
administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent
provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and
consultations with the Owner or the Contractor at all reasonable times.
B-5 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and
progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the
Contract Documents.
The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work 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 Owner against defects and deficiencies in the Work of
the Contractor. Based upon such observations and the Contractor's applications for payments,the Building Construction Manager
will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for
payment amounts.
B-6 INTERPRETATIONS. The Architect will be, in the first instance, the interpreter of the requirements of the Plans and
Specifications and the judge of the performance thereunder by the Contractor,subject to the final decision of the Owner.
The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents.
B-7 AUTHORITY TO STOP WORK. The BCM will have authority to reject work that does not conform to the Plans and
Specifications. In addition,whenever,in its reasonable opinion,the BCM considers it necessary or advisable in order to insure the
proper realization of the intent of the Plans and Specifications, the BCM will have authority to require the Contractor to stop the
Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated,
installed or completed.
B-8 MISCELLANEOUS DUTIES OF ARCHITECT.
Shop Drawings. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal
will be provided to the Owner by the Architect. Three copies will be returned to the Contractor.
Change Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner
Guarantees. The Owner will receive all written guarantees and related documents required of the Contractor. Upon completion of
the project the Contractor shall provide the Owner five copies of each guarantee.
Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the
dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the
Certificate of Completion.
Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation, operation, and
maintenance brochures and manuals required of the Contractor.
B-9 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the Owner,the
Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works,or
shall appoint a successor Architect against whom the Contractor makes no reasonable objection.
SECTION C
OWNER
C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives
in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager,the Director and of
Transportation and Public Works Department and members of the Facilities Management Division. Generally speaking a
designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as
a point of contact for day-to-day contract administration.
C-2 DUTIES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics,legal limits and utility
locations for the site of the Work;provided,however,that the Contractor hereby covenants that he has inspected the premises and
familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the
Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or
damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all
necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in
such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at
the request of the Contractor.
C-3 INSTRUCTIONS. The Owner shall issue all instructions to the Contractor through the BCM.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and
progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the
Contract Documents.
C-5 PROGRESS INSPECTIONS. The Owner will make visits to the Site to familiarize themselves with the progress and
quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site
observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's
applications for payments.
C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reflect work that does not conform to the Plans and
Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper
realization of the intent of the Plans and Specifications, the Owner will have authority to require the Contractor to stop the work or
any portion thereof,or to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of
the Work whether or not such Work be then fabricated,installed or completed.
C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the Contractor and Architect that the Work is
substantially complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended
by representatives of the Architect, Owner and Contractor.Items identified during this inspection as being incomplete,defective or
deficient shall be incorporated into a punch list and attached to the AIA document G704,which is to be prepared and signed by the
Contractor,and accepted,approved and signed by the Owner.
C-8 RIGHT TO AUDIT:
Contractor agrees that the City shall,until the expiration of three years after final payment under this contract, have access to and
the right to examine any directly pertinent books,documents,papers and records of the contractor involving transactions relating to
this contract.
Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall,until the expiration of three years after final payment under the subcontract,have access to and the right to examine any
directly pertinent books,documents,papers and records of such subcontractor,involving transactions to the subcontract.The term
"subcontract"as used herein includes purchase orders.
Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the
costs of copies at the rate published in the Texas Administrative Code.
SECTION D
CONTRACTOR
D-1 IDENTIFICATION. The Contractor is the person or organization identified as such in the Contract.The term Contractor
means the Contractor or his authorized representative.
D-2 INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor,
not as agent,or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the
work and services performed hereunder, and all persons performing same,and Contractor shall be solely responsible for the acts
of its officers,agents,and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City
and the Contractor,its officers,agents and employees,and the doctrine of respondeat superior shall not apply.
D-3 SUBLETTING It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or
assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the
City of Fort Worth.
D-4 REVIEW OF CONTRACT DOCUMENTS. The Contractor shall carefully study and compare the Agreement,Conditions
of the Contract, Drawings,Specifications,Addenda and modifications and shall at once report to the Owner and to the Architect any
error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and
Interpretations.
D-5 SUPERVISION. The Contractor shall supervise and direct the Work,using his best skill and attention.He shall be solely
responsible for all construction means,methods,safety,techniques,sequences and procedures and for coordinating all portions of
the Work under the Contract Documents.
D-6 LABOR AND MATERIALS. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and
services necessary for the proper execution and completion of the Work.
The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general
condition is not to be constructed as limiting the right of any bidder to employee laborers,workmen or materialmen from outside
local area.
The Contractor shall at all times enforce strict discipline and good order among his employees,and shall not employ on the Work
any unfit person or anyone not skilled in the task assigned to him.
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1
D-7 PREVAILING WAGE RATE. The Contractor agrees to pay not less than the general prevailing rate of per diem wages
for Work of a similar character in the locality in which the Work is performed, and not less than the general prevailing wage of per
diem wages for a legal holiday and overtime work to all laborers, workmen and mechanics employed on the Work under this
Contract.The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified and set out by the
City of Fort Worth,Texas,a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein.
D-8 WARRANTY. The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under
this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in
conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required
by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or
the Contract Documents.
D-9 TAXES. The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise
and Use Tax.
D-10 LICENSES, NOTICES AND FEES. The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections,
whether permanent or temporary,required by law or these Contract Documents.
The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority
bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at
variance therewith in any respect,he shall promptly notify the Architect Owner in writing and any necessary changes will be made.If
the Contractor performs any Work knowing that it is in violation of, or contrary to,any of such Laws,Statutes, Charter,Ordinances,
Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor will assume full responsibility therefore
and bear all costs attributable thereto.
D-11 CASH ALLOWANCES. The Contractor shall include in the Contract Sum all allowances stated in the Contract
Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all
applicable taxes. The Contractors handling costs on the site, labor, installation costs, overhead, profit and other expenses
contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall
cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct,but
he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more
than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional
handling costs on the site, labor, installation costs,field overhead, profit and other direct expenses resulting to the Contractor from
fany increase over the original allowance.
` D-12 SUPERINTENDENT. The Contractor shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during the progress of the Work.The superintendent shall be satisfactory to the Contractor and the
Owner.The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if
given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on
written request in each case.
D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS. The Contractor shall be responsible to the Owner
for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons
performing any of the Work under a contract with the Contractor.
D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the work herein provided for within the time
herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications
-� and Contract Documents,then the Owner shall have the right to either demand the surety to take over the work and complete same
in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper,
and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and
specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and
specifying an itemized statement of the total cost thereof,said excess cost.
D-15 PROGRESS SCHEDULE. The Contractor, immediately after being awarded the contract, shall prepare and submit for
the Architect's approval,an estimated progress schedule for the Work.The progress schedule shall be related to the entire Project.
r This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as
I{ required by the conditions of the Work, subject to the Architect's approval. It shall also indicate the dates for submission and
approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials.
The contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's
Imonthly progress payment requests.
D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE. The Contractor shall maintain at the site for the Owner one copy of
all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good
order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings,
marked to record all changes made during construction,shall be delivered to the Owner upon completion of the Work.The Architect
will prepare,and provide to the Owner,one complete set of reproducible record drawings of the work.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance
charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer,supplier or distributor,
and which illustrate some portion of the Work.
Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish
standards by which the Work will be judged.
The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to
cause no delay in the Work or in the work of any other contractor,normally within the first 90 days of the work,six copies of all shop
Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or
amendments.Shop Drawings and Samples shall be properly identified as specified,or as the Architect may require.At the time of
submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the
requirements of the Contract Documents.
By approving and submitting Shop Drawings and Samples,the Contractor thereby represents that he has determined and verified
all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and
coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate
approval of an assembly in which the item functions.
The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only
for conformance with the design concept of the Project and with the information given in the Contract Documents.The Architect's
approval of a separate item shall not indicate approval of an assembly in which the item functions.
The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of
Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop
Drawings to revisions other than the corrections requested by the Architect on previous submissions.
The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the
requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of
submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the
Contractor from responsibility for errors or omissions in the Shop Drawings or Samples.
No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the
submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples.
D-18 SITE USE. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the
Contract Documents and shall not unreasonably encumber the site with any materials or equipment.Until acceptance of the work by
the City Council of the City of Fort Worth,the entire site of the Work shall be under the exclusive control,care and responsibility of
the Contractor.Contractor shall take every precaution against injury or damage to persons or property by the action of the elements
or from any other cause whatsoever.The Contractor shall rebuild,repair,restore and make good at his own expenses all injuries or
damages to any portions of the Work occasioned by any of the above,caused before acceptance.
D-19 CUTTING AND PATCHING OF WORK. The Contractor shall do all cutting, fitting or patching of his Work that may
required to make its several parts fit together properly,and shall not endanger any Work by cutting,excavating or otherwise altering
the Work or any part of it.
D-20 CLEAN UP. The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish.At
the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools,
construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-clean"or its
equivalent,except at otherwise specified. In addition to removal of rubbish and leaving the buildings"broom-clean",Contractor shall
clean all glass,replace any broken glass,remove stains,spots,marks and dirt from decorated work,clean hardware,remove paint
spots and smears from all surfaces,clean fixtures and wash all concrete,tile and terrazzo floors.
If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor.
D-21 COMMUNICATIONS. As a general rule,the Contractor shall forward all communications to the Owner through the BCM.
D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS. Contractor shall observe and comply with
the requirements of the City of Fort Worth Fiscal Department,Intergovernmental Affairs and Grants Management as outlined in the
Supplemental Conditions contained in the Project Manual
SECTION E
SUBCONTRACTORS
E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of
the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and
masculine in gender and means a Subcontractor or his authorized representative.
Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any
subcontractor or any of his sub-subcontractors or materialmen.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
E-2 AWARD OF SUBCONTRACTS. The bidder shall furnish a list of the names of the subcontractors or other persons or
organizations (including those who are to furnish materials or equipment fabricated to a special design)proposed for such portions
of the Work as may be designated in the bidding requirements,or if none is so designated in the bidding requirements,the names of
the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract,the Architect shall notify the
successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or
organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to
the award of this Contract shall not constitute acceptance of such person or organization.
If, prior to the award of the Contract,the Owner or Architect has an objective to any person or organization on such list,and refuses
to accept such person or organization, the apparent low bidder may, prior to the award,withdraw his bid without forfeiture of bid
security. If such bidder submits an acceptable substitute, the Owner may,at its discretion,accept the bid or he may disqualify the
bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall
provide an acceptable substitute.
The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the
Owner and the Architect,unless the substitution is also acceptable to the Owner and the Architect.
E-3 TERMS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate agreement between the Contractor and the Subcontractor(and where appropriate between Subcontractors and Sub-
subcontractors)which shall contain provisions that:
1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontracting thereof will not prejudice such rights;
2. Require that such Work be performed in accordance with the requirements of the Contract Documents;
3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party,in
reasonable time to enable the Contractor to apply for payment;
4. Require that all claims for additional costs,extensions of time,damages for delays or otherwise with respect to subcontracted
portions of the Work shall be submitted to the Contractor(via any Subcontractor or Sub-subcontractor where appropriate)in
the manner provided in the Contract Documents for like claims by the Contractor upon the Owner;
5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the
property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and,
6. Obligate each Subcontractor specifically to consent to the provisions of this Section
All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall
be so construed and applied as to the Owner and the Architect,whether or not such provisions are physically included in the sub-
contract.
E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE (MMBE), Should the base bid be less than $25,000, the
requirements of this section do not apply.
General: in accordance with City of Fort Worth Ordinance No 15530, the City of Fort Worth sets goals for the participation of
minority business enterprises and women business enterprises in City contracts. Ordinance No 15530 is incorporated in these
Specifications by reference.A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with
the Ordinance shall be a material breach of contract.
Prior to Award: The M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM and GOOD FAITH EFFORT FORM, as
applicable,must be submitted within five city business days after bid opening. Failure to submit the post bid information shall render
the bid non-responsive. The City will consider the contractor's performance on other City Projects regarding its M/WBE program in
the evaluation of bids. Failure to comply with the City's M/WBE program,or to demonstrate a"good faith effort",shall result in a bid
being considered irresponsible.
During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE
subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the
subcontractors to the Construction Manager. Upon request, Contractor must provide the City with complete and accurate
information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE)on the contract and proof of
payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in it's possession
that will substantiate the actual work performed by an M/ WBE. The misrepresentation of acts (other than a negligent
misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating
action under appropriate federal,state,or local laws or ordinances relating to false statement. Further any such misrepresentation
(other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be
irresponsible and barred from participating in City work for a period of time of not less than three years.
The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may
count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE
participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the
goals must be certified prior to the award of the Contract.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
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Change Orders: Whenever a change order affects the work of an M/WBE subcontractor or supplier,the M/WBE shall be given an
opportunity to perform the work. Whenever a change order is$50,000 or more, the M/WBE coordinator shall determine the goals
applicable to the work to be performed under the change order.
During the term of the contract the contractor shall:
1. Make no unjustified changes of deletions in it's M/WBE participation commitments submitted with or subsequent to the bid,
and,
2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the contractor
z had represented he would perform with his forces, the contractor shall notify the City before subcontracts or purchase orders
are let,and shall be required to comply with modifications to goals as determined by the City,and,
3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the contractor desires to change or delete any of the M/WBE
subcontractors or suppliers.
Justification for change of subcontractors may be granted for the following:
1. Failure of subcontractor to provide evidence of coverage by Workers'Compensation Insurance
2. Failure of subcontractor to provide required general liability or other insurance.
3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in
preparing his M/WBE Participation plan
4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract.
5. Other reasons at the discretion of the M/WBE Coordinator
Within ten days after final payment from the City the contractor shall provide the M/WBE Office with documentation to reflect final
participation of each subcontractor and supplier,including non-MMBEs,used on the project.
E-5 PAYMENTS TO SUBCONTRACTORS. The Contractor shall pay each Subcontractor,upon receipt of payment from the
Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work.The
Contractor shall also require each Subcontractor to make similar payments to his subcontractors.
If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a
particular subcontractor,the Contractor shall pay that Subcontractor on demand,made at any time after the Certificate for Payment
would otherwise have been issued,for his Work to the extent completed,less the retained percentage.
The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor,and he shall require
each Subcontractor to make similar payments to his Subcontractors.
The Owner may,on request and at its discretion,furnish to any Subcontractor, if practicable,information regarding percentages of
completion certified to the Contractor on account of Work done by such Subcontractors.
Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor.
E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS
The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract
requirements as contained herein and to 15 CFR 24 or OMB Circular A-110,as appropriate.
Each subcontractor must agree to comply with all applicable Federal,'State,and local requirements in addition to those set forth in
this section.
No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of
contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government
departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially
from EDA grant fluids.
All subcontracts in excess of$10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order
11246.
All subcontracts must contain a nondiscrimination clause.
Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
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Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will
be submitted to the prime contractor who will compile them and submit to the City.The subcontractor can satisfy this requirement by
submitting a properly executed Department of Labor Form WH-347
Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the
maximum extent possible.
All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or
purchase order of$50,000 or more must submit a completed Standard Form 100(Compliance Report)by March 30 of each year.
Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC-
257.
SECTION F
SEPARATE CONTRACTS
F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the
Work. When separate contract are awarded for other portions of the Work,"the Contractor"in the Contract Documents in each case
shall be the contractor who signs each separate contract.
F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. The Contractor shall afford other contractors reasonable opportunity
for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and
coordinate his work with theirs.
If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the
Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it
unsuitable for such proper execution and results.Failure of the Contractor to inspect and report shall constitute an acceptance of the
other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on the site,the Contractor shall, upon due
notice,settle with such other contractor by agreement,if he will so settle. If such separate contractor sues the Owner on account of
any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the
Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment
and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with
such suit,
F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The Contractor shall do all cutting,fitting or patching of
his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents.
The Contractor shall not endanger any work or any other contractors by cutting,excavating or otherwise altering any work and shall
not cut or alter the work of any other contractor except with the written consent of the Architect.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor.
F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsibility for
cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of
Transportation and Public Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS. The law of the place where the site is located shall govern the Contract. The Contractor must
familiarize himself and strictly comply with all Federal,State,and County and City Laws,Statutes,Charter,Ordinances,Regulations,
or Directives controlling the action or operation of those engaged upon the work affecting the materials used.He shall indemnify and
save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any
such Laws,Statutes,Charter,Ordinances, Regulations,or Directives,whether by himself,his employees,agents or subcontractors.
G-2 GOVERNING LAWS. It is mutually agreed and understood that this agreement is made and entered into by the parties
hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with
reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the
same.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and
the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the
Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental
function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful
wrong.
G-4 COMPLIANCE WITH LAWS. Contractor agrees the comply with all laws, Federal, state and local, including all
ordinances,rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to
State Sales Tax.
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Contractors are responsible for obtaining construction permits from the governing agencies. Contractor shall schedule all code
inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to
the Construction manager weekly. Building,plumbing,electrical and mechanical building permits are issued without charge. Water
and sewer access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor.
G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect,and their personnel at
the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and
defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for
property loss,property damage,personal injury,including death,arising out of,or alleged to arise out of,the work and services to be
performed hereunder by Contractor,its officers,agents,employees,subcontractors,licensees or invitees,whether ornot any such
injury, damage or death is caused, in whole or in part, by the ne_aliaence or alleged negligence of Owner, its offrcers,
servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against
any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner
arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is
caused in whole or in part by the negligence or alleged negligence of Owner,its officers,servants or employees.
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final
payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or
a release from the claimant involved, or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim
has been referred to the insurance carrier.
The Director may,if he deems it appropriate,refuse to accept bids on other City of Fort Worth public work from a Contractor against
whom a claim for damages is outstanding as a result of work performed under a City Contract.
G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2,this contract shall be binding upon and insure to
the benefit of the parties hereto,their Successors or Assigns.Contractor shall not assign or sublet all or any part of this Contract or
his rights or duties 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.
G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or to an officer of the corporation for whom it was intended,or if delivered at or sent by registered or certified
mail to the last business address known to him who gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The Contractor agrees,on the
submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in
the prosecution of the work,such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas,as
amended,in the form included in the Contract Documents,and such bonds shall be 100 percent of the total contract price,and the
said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City
Council of the City of Fort Worth.
Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both
the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal
statutes.
To be an acceptable surety on the bond the name of the surety should be included on the current U.S.Treasury List of Acceptable
Securities[Circular 570],and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance
and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure
any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized,
accredited,or trusteed to do business in the State of Texas.
Should any surety for the contracted project be determined unsatisfactory at any time during same,the Contractor shall immediately
provide a new surety bond satisfactory to the City.
If the contract amount is less than $25,000, payment shall be made in one lump sum 30 calendar days after completion and
acceptance of the work.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in
accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any
other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be
issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies,including the cost
of the Architect's additional services made necessary by such default,neglect or failure.If the payments then or thereafter due the
Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner.
G-10 ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims
for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all
such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified;however,if the
Contractor has reason to believe that the design,process or product specified is an infringement of a patent,he shall be responsible
for such loss unless he promptly gives such information to Owner.
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G-11 TESTS. if the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having
jurisdiction require any Work to be inspected,tested or approved,the Contractor shall give the Owner timely notice of its readiness
and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such
inspection,tests and approvals unless otherwise provided.
If after the commencement of the Work, the Owner determine that any Work requires special inspection, testing or approval not
included above, the Owner,upon written authorization from the Owner,will instruct the Contractor to order such special inspection,
testing or approval,and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing
reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance
of the work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the
Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the
Owner shall bear such costs,and an appropriate Change Order shall be issued.
The Contractor shall secure certificate of inspection,testing or approval,and three copies will be promptly delivered by him to the
Owner.The Architect will review the certificates and forward one copy of each with his recommendation(s)to the Owner.
If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and,where
practicable,at the source of supply.
Neither the observations of the Architect or the Owner in their administration of the Construction Contract,nor inspections,tests or
approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance
with the Contract Documents.
G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES. The Contractor shall perform the work under this Contract with a
minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases,the Contractor may
be required to perform the work while the existing utility is in service. The existing utility service may be interrupted only when
approved by the Owner.When it is necessary to interrupt the existing utilities,the Contractor shall notify the Owner in writing at least
ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a
minimum.Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption
may not be subject to schedule at the time desired by the Contractor.In such cases,the interruption may have to be scheduled at a
time of minimum requirements of demand for the utility.The amount of time requested by the Contractor of existing utility services
shall be as approved by the Owner.
G-13 LAYING OUT WORK. The Contractor shall verify dimensions and elevations indicated in layout of existing work.
Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work
affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory
workmanlike manner at the Contractor's sole expense.
The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction
Documents.
Prior to commencing work, the Contractor shall carefully compare and check all Architectural,Structural, Mechanical an Electrical
drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any
discrepancy be found,he shall immediately report the same to the Architect for verification and adjustment.Any duplication of work
made necessary by failure or neglect on his part to comply with this function shall be done at the contractors sole expense.
G-14 MEASUREMENTS: Before ordering any material or doing any work,the Contractor shall verify all measurements at the
site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed
on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be
found shall be submitted to the Architect for consideration and adjustment before proceeding with the project.
G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The Contractor shall carefully check the site where the project is
to be erected and observe any existing overhead wires and equipment.Any such work shall be moved, replaced or protected,as
required,whether or not shown or specified at the contractor's sole expense.
Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the
Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the
Drawings.
Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as
approximate only.Exercise extreme care in locating and identifying these lines before excavation in adjacent areas.
G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shall be the responsibility of the Contractor to make certain in the
installation of jointed floor,wall and ceiling materials that:
1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible.This includes
heating registers,light fixtures,equipment,etc.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
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If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the
above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish
centerlines for all trades.
I G-17 INTEGRATING EXISTING WORK. The Contractor shall protect all existing street and other improvements from
damages.
Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the
ingress or egress to an from existing adjacent facilities.
Where new site work is to be connected to existing work,special care shall be exercised by the Contractor not to disturb or damage
the existing work more than necessary.All damaged work shall be replaced,repaired and restored to its original condition at no cost
to the Owner.
G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents,whether expressly stated or not,
that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. The contractor shall exercise
6 every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project,
including advising all materials suppliers and subcontractors of this requirement. The contractor shall verify that components
containing lead do not contact the potable water supply.
G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment, piping, ductwork, etc. are
diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be
brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held
responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items
at his own expense if so directed by the Architect.Where possible uniform margins are to be maintained between parallel lines and
or adjacent wall,floor or ceiling surfaces.
G-20 OVERLOADING. The Contractor shall be responsible for loading of any part or parts of structures beyond their safe
carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on
floors or roofs before they have attained their permanent and safe strength.
G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products, processes,
equipment,or the like be installed or applied in accordance with manufacturer's instructions,direction or specifications,or words to
this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions
furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site.Six copies of such
instructions shall be furnished to the Architect and his approval thereof obtained before work is begun.
G-22 CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by
employees or as a result of the work.
At completion of work,the General Contractor shall,immediately prior to final inspection of complete building,execute the following
final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed
materials.
1. Sweep and buff resilient floors and base,and vacuum carpeting.
2. Dust all metal and wood trim and similar finished materials.
3. Clean all cabinets and casework.
4. Dust all ceilings and walls.
5. Dust,and if necessary wash,all plumbing and electrical fixtures.
6. Wash all glass and similar non-resilient materials.
7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be
cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings.
Surfaces that are waxed shall be polished.
8. The exterior of the building,the grounds,approaches,equipment,sidewalks,streets,etc.shall be cleaned similar to interior of
buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall
be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth.
9. Clean all glass surfaces and mirrors of putty, paint materials, etc.,without scratching or injuring the glass and leave the work
bright,clean and polished.Cost of this cleaning work shall be borne by Contractor.
10. Cleaning, polishing, scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications
shall be taken to indicate the required condition at the time of acceptance of all work under the Contract.
} 11. Burning:Burning of rubbish on the premises will not be permitted.
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G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during
the construction period. If serious problems or complaints arise due to air-borne dust,or when directed by the Architect,operations
causing such problems shall be temporarily discontinued and necessary steps taken to control the dust.
G-24 FIRE PROTECTION. The contractor shall at all times maintain good housekeeping practices to reduce the risk of fire
damage or injury to workmen.All scrap materials,rubbish and trash shall be removed daily from in and about the building and shall
not be permitted to be scattered on adjacent property.
Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints;no storage
will be permitted in the building.Excess flammable liquids being used inside the building shall be kept in closed metal container and
removed from the building during unused periods.
A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or
cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot
metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the
premises.
The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241.
However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction.
G-25 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated, such work shall
be neatly sawed or cut by contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for
vertical surfaces.Care should be exercised not to damage any work that is to remain.
At no time shall any structural members be cut without written consent from the Architect.
G-26 PROJECT CLOSEOUT.
Final Inspection, Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and Final
Payment".
Maintenance Manual:Sheets shall be 8'/"x 11",except pull out sheets may be neatly folded to 8'/"x 11".Manuals shall be bound
in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain:
1) Name,address and trade of all sub-contractors.
2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local
representative,for each piece of operative equipment.
3) Catalog data on plumbing fixtures, valves,water heaters, heating and cooling equipment, temperature control, fan, electrical
panels,service entrance equipment and light fixtures.
4) Manufacturer's name,type,color designation for resilient floors,windows,doors,concrete block,paint,roofing,other materials.
Submit six copies of Maintenance Manual,prior to request for final payment,
Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's
representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and
Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning
properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each
item.
G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees
required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted
through the Contractor to Architect.Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract.
The Contractor shall guarantee the entire Project for one year.In addition,where separate guarantees,for certain portions of work,
are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended
warrantees shall be included in this contract.
Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner.
Guarantees shall not apply to work where damage is result of abuse,neglect by Owner or his successor(s)in interest.
The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical
Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturers normal extended
warrantees,the Contractor shall warrant all work materials,and equipment against defects for a period of one year from the date of
final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not
provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials
or workmanship of the Contractor,the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and
components to bring such items back to at least their original condition.
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G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment,one print of each of the
drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the
construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be
delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or
character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that
purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The
representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and
details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in
addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances.
G-29 CONSTRUCTION FENCE. At the Contractor's option,he may provide a substantial chain-link construction fence around
all or a part of the site. The fences and gates must be maintained throughout the constructlon period.Remove the fences and gates
upon completion of the Project and restore the site to the required original or contract condition.
G-30 PRODUCT DELIVERY,STORAGE, HANDLING. The Contractor shall handle,store and protect materials and products,
including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and
resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize
unnecessary long-term storage at project site prior to installation.
G-31 REMOVAL OF SALVAGED MATERIAL. The Contractor shall remove salvaged material and equipment from the Project
site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage
shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City.
G-32 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 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.
SECTION H
CONTRACT TIME
H-1 DEFINITIONS.
The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar
days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure
to complete punch list items from the Final Inspection in a timely manner
The date of commencement of the Work is the date established in the Notice to Proceed.If there is no notice to proceed,it shall be
the date of the Agreement or such other date as may be established therein.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval
of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the
Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion
thereof can be made only by the Assistant City Manager,and no other form of acceptance will be binding upon the Owner.
A calendar day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday,regardless of whether a
"Working Day'or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract
time shall be in accordance with this Section. Extensions of time will be as recommended by the BCM with final approval by City of
Fort Worth.
A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other
conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven
hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the
Contractor from working on Saturdays if he so desires. Legal holidays are defined as being New Year's Day, Independence Day,
Labor Day,Thanksgiving Day,Christmas Day, Memorial Day,and Veteran's Day.
H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract.
The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward
expeditiously with adequate forces and shall complete it within the Contract Time.
H-3 DELAYS AND EXTENSIONS OF TIME. If the Contractor is delayed at any time in the progress of the Work by any act or
neglect of the Owner or the Architect, or by any employee of the Owner,or by any separate contractor employed by the Owner,or
by any separate contractor employed by the Owner,or by changes ordered in the Work,or by labor disputes,fire, unusual delay in
transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004 r]� - ` E.
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determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as
recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions,
the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable
adjustment of the contract time.
All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay;
otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay
shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them,and not then
unless such a claim is reasonable.
H-4 NO DAMAGE FOR DELAY. No payment, compensation or adjustment or any kind (other than the extensions of time
provided for)shall be made to the contractor for damages because of hindrances or delays from an cause in the progress of the
work, whether such hindrances or delays be avoidable or unavoidable, and the contractor agrees that he will make no claim for
compensation,damages or mitigation of liquidated damages for any such delays,and will accept in full satisfaction for such delays
said extension of time.
SECTION 1
PAYMENTS AND COMPLETION
1-1 CONTRACT SUM. The Contract Sum is stated in the contract and is the total amount payable by the Owner to the
Contractor for the performance of the Work under the Contract Documents.
1-2 SCHEDULE OF VALUES.Before the first Applicable for Payment,the Contractor shall submit to the Architect a Schedule
of Values of the various portions of the Work, including quantities if required by the Architect,aggregating the total Contract Sum,
divided so as to facilitate payments to Sub-contractors, prepared in such form as specified or as the Architect and the Contractor
may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Each item in the
Schedule of Values shall include its proper share of overhead and profit. This Schedule,when approved by the Architect and the
Owner,shall be used as a basis for the Contractor's Applications for Payment.
1-3 ADJUSTMENT OF QUANTITIES.
1-4 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed,the Contractor
will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed
during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of
Values and Progress Schedule.
If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at
the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of
sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise
protect the Owner's interest including applicable insurance and transportation to the site.
The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment,
whether incorporated in the Project or not,Will pass to the Owner upon the receipt of such payment by the Contractor,free and clear
of all liens, claims,security interests or encumbrances hereinafter referred to as"liens';and that no Work, materials or equipment
covered by an Application for Payment will have been acquired by the Contractor,or by any other persons performing the Work at
the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an
encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.
The Contractor shall prepare each application for payment on AIA Document G702,"Application and Certificate for Payment',and
attached thereto AIA Document G703, "Continuation Sheet', to indicate the progress made to date and the period or month for
which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule
must be attached before the pay request can be accepted.
1-5 CERTIFICATES FOR PAYMENT. If the Contractor has made Application for Payment as above,the above,the Architect
will,with reasonable promptness but not more than seven days after the receipt of the Application,prepare a Certificate of Payment,
With a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a
Certificate.
The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the BCM's observations at the site
and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the
Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial
Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract
Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the
Owner that the Contractor be paid in the amount certified. In addition,the Architect's approval of final payment assures the Owner
that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled.
After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has
been delivered to the Director of the Department of Transportation and Public Works.For contracts less than$400,000,Owner shall
pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of,each such
Page 15
General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
x
estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of
Fort Worth. For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until the final estimate is approved
and work accepted by the City Council of the City of Fort Worth.
No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the
Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of
liability in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any
defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the
date of final acceptance of the Work unless a longer period is specified.
1-6 PAYMENTS WITHHELD. The BCM may decline to approve an Application for Payment and may withhold his Certificate
in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The Architect
may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent
inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary
in his opinion to protect the Owner from loss because of-
1)
f:1) Defective work not remedied;
2) Claims filed or reasonable evidence indicating probable filing of claims;
3) Failure of the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment;
4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
5) Damage to another contractor;
6) Reasonable indication that the Work will not be completed within the Contract Time;or
7) Unsatisfactory prosecution of the Work by the Contractor.
When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them.The
Owner reserves the right to withhold the payment of any monthly estimate,without payment of interest, if the Contractor fails to
perform the Work in accordance with the specifications.
1-7 Not used
1-8 LIQUIDATED DAMAGES:The deduction for liquidated damages shall be as follows:
Amount of Contract Liquidated Damages Per Day
$15,000 or less $45
$15,001 to $25,000 $63
$25,001 to $50,000 $105
$50,001 to $100,000 $154
$100,000 to $500,000 $210
$500,001 to$1,000,000 $315
$1,000,001 to$2,000,000 $420
$2,000,001 to$5,000,000 $630
$5,000,001 to$10,000,000 $840
over$10,000,000 $980
1-9 FAILURE OF PAYMENT If,without fault on the part of the Contractor, the BCM should fail to issue any Certificate for
Payment within seven days after receipt of the Contractor's Application for Payment,if the Contractor's Application for Payment,or
if,without fault on the part of the Contractor,the Owner should fail to approve such estimate or to pay to the Contractor 90%or 95%
(as applicable)of the amount thereof within the period of time specified, then the Contractor may, upon seven (7)days additional
written notice to the Owner and to the Architect,stop the Work until payment of the amount owing has been received.
1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT
Prior to the request for final payment,the Contractor must meet all provisions for Project Closeout.
When the Contractor determines that the Work is substantially complete,the Construction Manager shall inspect the project with the
Contractor and prepare a"Preliminary Punch List".
When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will
prepare a Certificate of Substantial Completion(G704)which,when approved by the Owner,shall allow the Contractor to request a
Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the
responsibilities of the Owner and the Contractor for maintenance,heat,utilities,and insurance,shall set forth the remaining work as
a"final punch list'.The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of
Occupancy has been issued,the retainage will be reduced to 4%.
Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced
to 2.5%.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
Should the Contractor fail to complete all contractual requirements of the contract,including submittals and final pay request within
the fixed time, the contract time will again commence. Should the contractor fail to complete the work within the contract duration,
liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion
of the final punch list by cosigning it with the Contractor.
The Contractor shall submit the following items to the City prior to requesting final payment:
1) Contractor's Affidavit of Payment of Debts and Claims (G706)stating that all payrolls, bills for materials and equipment,and
other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been
paid or otherwise satisfied,
2) Consent of Surety to Final Payment(G707),if any,to final payment,
3) Contractor's Affidavit of Release of Liens(G706A),and,
4) Other data establishing payment or satisfaction of all such obligations,such as receipts,releases,and waivers of liens arising
out of the Contract,to the extent and in such form as may be designated by the Owner.
5) Contractor's Warranty
6) Statement that all outstanding work has been completed
7) Issuance of the Final Certificate of Substantial Completion
8) Final acceptance by the City of Fort Worth.
If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at
the election of the Owner,furnish a bond satisfactory to the Owner to indemnify him against any right,claim or lien which might be
asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are
made.The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,claim
or lien,including all costs and reasonable attorney's fees.
The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the
Contractor except those previously made in writing and still unsettled.
The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth.
The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of
acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days
following acceptance.
1-11 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and
until all requirements have been met,with the exception of Consent of Surety for Final Payment.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member
of his organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent
unless otherwise designated in writing by the Contractor to the Architect.
J-2 SAFETY OF PERSONS AND PROPERTY. The Contractor shall take all reasonable precautions for the safety of, and
shall provide all reasonable protection to prevent damage,injury or loss to:
(1) All employees on the Work and all other persons who may be affected thereby;
(2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site,under the care,
custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and
(3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal,relocation or replacement in the course of construction.
Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against
injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution
or from the non-execution of the Work.The Contractor shall rebuild,repair,restore and make good,at his own expense,all injuries
or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance.
The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having
jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as
required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent
utilities.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the
Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.
All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any
Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,
shall be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and acts or omissions
of the Architect or anyone employed by him or for whose acts he may be liable,and not attributable to the fault or negligence of the
(} Contractor or anyone claiming through the Contractor for such damage or loss.
The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.
r J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of
tl work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat.
The Contractor shall enforce the wearing of hard hats by Contractor,employees and visitors. Contractor shall provide ten hard hats
for use by the consulting Architects and Engineers and visitors.
J-4 EMERGENCIES. In any emergency affecting the safety of persons or property,the Contractor shall act at his discretion
t to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on
account of emergency work shall be determined as provided in Changes in the Work.
J-5 SAFE WORK PRACTICES. The Contractor shall employ safe practices in handling materials and equipment used in
performing required work so as to insure the safety of his workmen,City employees and the public, The Contractor shall keep the
premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall
remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall
leave the area as clean and free of spot,stains,etc.,as before the work was undertaken.
J-6 TRENCH SAFETY The Contractor shall be responsible for all design and implementation of trench shoring and
stabilization to meet regulatory requirements. If the Proposal requires,the Contractor shall include a per unit cost for trench safety
measures in his bid. If not included in the Proposal,the Contractor shall include a cost for trench safety measures for all trenches
over 5 feet in depth in his Schedule of Values.
SECTION K-INSURANCE
K-1 Insurance Required. The Contractor shall not commence work under this Contract until he has obtained all insurance
required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any
Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so
obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's
Compensation.
K-2 Workers'Compensation Insurance:
1) General
a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City)a certificate showing
that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project
in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section.
b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will
perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy
of workers compensation insurance covering each employee employed on the project. Contractor will not permit any
subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of
all such certificates to the Owner(City).
c) By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to
the City that all employees of the contractor who will provide services on the project will be covered by worker's
compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification
codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation.
Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil
penalties or other civil actions.
d) The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the
City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of
breach from the City.
2) Definitions:
a) Certificate of coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by
the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing
services on a project,for the duration of the project.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
`rYi.'"� GC�
b) Duration of the Project. Includes the time from the beginning of the work on the project until the contractor's/person's
work on the project has been completed and accepted by the City.
c) Persons providing services on the project("subcontractor"in section 406.096)-includes all persons or entities performing
all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,
without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other
services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors,office supply deliveries,and delivery of portable toilets.
3) Requirements
a) The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the contractor providing services of the project,for the duration of the project.
b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.
c) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the
contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that
coverage has been extended.
d) The contractor shall obtain from each person providing services on a project,and provide to the City:
I) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on
file certificates of coverage showing coverage for all persons providing services on the project;and
ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of
coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project.
e) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
f) The contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the contractor
knew or should have known, of any change that materially affects the provision of coverage of any person providing
services on the project.
g) The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's
Compensation Commission, informing all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
h) The contractor shall contractually require each person with whom it contracts to provide services on a project,to:
I) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any
coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of its
employees providing services on the project,for the duration of the project;
III) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project,for the duration of the
project;
ill) provide the contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of
coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project;
iv) obtain from each other person with whom it contracts,and provide to the contractor:
(1) a certificate of coverage,prior to the other person beginning work on the project;and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project;
v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.
vi) notify the City in writing by certified mail or personal delivery,within ten (10)days after the person knew or should
have known,of any change that materially affects the provision of coverage of any person providing services on the
project;and
vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i)-vii), with the
certificates of coverage to be provided to the person for whom they are providing services.
4) Posting of Required Worker's Compensation Coverage.
a) The contractor shall post a notice on each project site informing all persons providing services on the project that they are
required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This
notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text
in at least 19-point normal type,and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text,without any additional words or changes:
Page 19
General Conditions for Facility Construction.Lump Sum Contract,City of Fort Worth 4/8/2004
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction project
must be covered by worker's compensation insurance. This includes persons providing, hauling,or delivering
equipment or materials,or providing labor or transportation or other service related to the project,regardless of
the identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal
requirement for coverage,to verify whether your employer has provided the required coverage,or to report an
employer's failure to provide coverage."
K-3 LIABILITY INSURANCE. The Contractor shall procure and maintain during the term of this Contract such Liability
Insurance as shall protect him,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims
of damage which may arise from operations under this Contract,including blasting,when blasting is done on,or in connection with
the Work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed
by either of them and the limits of such insurance shall be not less than the following:
1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage.
Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with
this Contract.
2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that
provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no
exclusions by endorsement unless such are approved by the City.
3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials,
the Contractor,or subcontractor performing the removal,shall be required to maintain Asbestos Abatement Liability Insurance
as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure,
including environmental impairment liability, associated with the services and operations performed under this contract in
addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs.
K-4 BUILDER'S RISK INSURANCE.
Unless stated otherwise in the Proposal or Invitation,the Contractor shall procure,pay for and maintain at all times during the term
of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic
commotion,smoke,aircraft,land vehicles,vandalism,and malicious mischief,at a limit equal to 100%of the Contract Sum.
The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically
required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these
coverages must be approved by the City.
Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered.
Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE. The Contractor shall provide a certificate of insurance documenting the
Transportation and Public Works Department,City of Fort Worth as a"Certificate Holder",and noting the specific project(s)covered
by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the
Contractor depending upon the agents an/or insurers for the Contractor's insurance coverages specified for the project(s).
K-6 OTHER INSURANCE RELATED REQUIREMENTS.
1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies.
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth.
3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable,shall be authorized to do business in the
State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar
as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a
rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less
favorable rate may be accepted by the City.
4) Deductible limits on insurance policies and/or self insured retentions exceeding$10,000 require approval of the City of Fort
Worth as respects this Contract.
5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of
cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this
Contract.
6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth.
7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this
Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of
insurance requirements specified herein.
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General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
8) The City of Fort Worth shall be entitled,upon request and without incurring expense,to review the insurance policies including
endorsements thereto and,at its discretion,to require proof of payment for policy premiums.
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein.
10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided
to the City in a timely manner.
11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance
policy or program maintained by the City of Fort Worth.
12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as
specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors.
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER, The Owner, without invalidating the Contract, may order Changes in the Work within the general
scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and the Contract Time being adjusted
accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable
conditions of the Contract Documents.
A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect,issued after the execution of
the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time.The Contract Sum and the
Contract Time may be changed only by Change Order.
Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City,shall be
coordinated with the Director,Department of Transportation and Public Works. A change order must be written and duly negotiated
and executed prior to performing changed work.
The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways:
1) by mutual acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated
in the original contract proposal;
2) by unit prices stated in the Contract Documents or subsequently agreed upon;or
3) by cost and a mutually acceptable fixed or percentage fee.
If none of the methods set forth herein above is agreed upon,the Contractor, provided he receives a Change Order,shall promptly
proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable
expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In
such cases, the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together
with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the
Architect's Certificate of Payment as approved by the Owner.
If after the contract has been executed,the Architect,requests a price proposal from the Contractor for a proposed change in scope
of the work,Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing.
The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and
price proposal to the Owner for approval. If the Architect will attempt to negotiate with Contractor to revise the proposal to a figure
which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution,the
Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific
documentation to be provided by Contractor in accordance with the paragraph above.
Contractor is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and Work
Orders which results in an increase in cost of the contract amount by over$25,000. Normal processing time for the City Staff to
obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days.
Owner, and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize
their impact on the construction schedule.
If unit prices are stated in the Contract Documents or subsequently agreed upon,and if the quantities originally contemplated are so
changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a
hardship on the Owner or the Contractor,the applicable unit prices shall be equitably adjusted to prevent such hardship.
If the Contractor claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A,
(2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or (3) any
written order for a minor change in the Work,the Contractor shall make such claim.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME, If the Contractor wishes to make a claim for an increase in the Contract
Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the
Page 21 N c' R
General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004 �' i l�6 R6�®IA
occurrence of the event that gave rise to such claim.This notice shall be given by the Contractor before proceeding to execute the
Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J.
No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if
approved by the Owner,shall be authorized by Change Order.
L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following
applicable percentage shall be added to Material and Labor costs to cover overhead and profit:
1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed
fifteen percent1( 5%1.
2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the
Contractor shall not exceed ten percent J1QM.
L-4 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving
an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract
Documents.Such changes may be effected by Field Order or by other written order.Such changes shall be confirmed in writing by
the Architect and shall be binding on the Owner and the Contractor.
L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents,or which order
minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders
promptly.
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner,it must be uncovered for
observation and replaced,at the Contractor's expense.
If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,the Architect
or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with
the Plans and Specifications,the cost of uncovering and replacement shall,by appropriate Change Order,be charged to the Owner.
If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it be found
that this condition was caused by a separate contractor employed by the Owner.
M-2 CORRECTION OF WORK. The Contractor shall promptly correct all work rejected by the Owner as defective or as failing
to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated,
installed or completed.The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's
additional service thereby'made necessary.
If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by
the terms of any applicable special guarantee required by the Contract Documents,any of the work is found to be defective or not in
accordance with the Contract Documents,the Contractor shall correct it promptly after receipt of a written notice from the Owner to
do so, unless the Owner has previously given the Contractor a written acceptance of such condition,describing same specifically
and not generally.The Owner shall give such notice promptly after discovery of the condition.
All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary,and the
work shall be corrected to comply with the Contract Documents without cost to the Owner.
The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or
correction.
If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the
the Owner,the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor
does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days'written
notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that
should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do
not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate
Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the
Contractor shall pay the difference to the Owner.
If the Contractor fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G.
The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him
by special guarantees required by the Contract Documents or otherwise prescribed by law.
M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the Owner prefers to accept defective or non-
conforming work, he may da so instead of requiring its removal and correction, in which case a Change Order will be issued to
reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the
Contractor.
Page 22
General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CONTRACTOR. If the work is stopped for a period of 30 days under an order or any court or
other public authority having jurisdiction,through no act or fault of the Contractor or a Subcontractor or their agents or employees or
any other persons performing any of the work under a contract with the Contractor,or if the work should be stopped for a period of
30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I,then the Contractor may after
the and of such period of 30 days and upon seven additional days'written notice to the Owner,terminate the Contract.
N-2 TERMINATION BY THE OWNER. If the contractor is adjudged as bankrupt,or if he makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for
which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt
payment to Subcontractors or for materials or labor,or fails to comply with al Laws,Statutes,Charter, Ordinances, Regulations or
Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract
Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any
rights or remedy and after giving the Contractor and his surety,if any,seven (7)days'written notice,terminate the employment of
the Contractor and take possession of the site and of all materials,equipment,tools,construction equipment and machinery thereon
owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall
not be entitled to receive any further payment until the Work is finished.
If the costs of finishing the Work,including compensation for the Architect's additional services.,exceed the unpaid balance of the
Contract,the Contractor shall pay the difference to the Owner.
The City of Fort Worth may terminate this contract in whole,or from time to time, in part,whenever such termination is in the best
interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent
performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the
contractor shall:
r_ a) Stop work under the Contract on the date and to the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated.
c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of
termination.
After termination as above, the City will pay the contractor a proportionate part of the contract price based on the work completed;
provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocatable to the work not completed and further reduced by the amount of payments, if,any otherwise made. Contractor
shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In
the event of 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 the City Council of the City of Fort Worth,and the decision by the
City Council of the City of Fort Worth shall be final and binding upon all parties to this contract
SECTION 0
SIGNS
The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict
accordance with the Specifications for"Project Designation Signs:'This sign shall be a part of this Contract and shall be included in
the Contractor's Base Bid for the Project.
SECTION P
TEMPORARY FACILITIES
P-1 SCOPE. The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the
performance of this Contract,including those shown and specified.
P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and
subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient
utilization.
P-3 MAINTENANCE AND REMOVAL. The Contractor shall maintain temporary facilities in a proper, safe operating and
sanitary condition for the duration of the Contract. Upon completion of the Contract,all such temporary work and facilities shall be
removed from the premises and disposed of unless otherwise directed or specified hereunder.
P-4 FIELD OFFICES AND SHED.
The Contractor is not required to provide a temporary field office or telephone for projects under$1,000,000. Contractor shall equip
the Project Superintendent with a pager and provide 24-hour contacts to the City.
The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For
construction contracts with a bid price in excess of$1,000,000.00,the Contractor shall provide a separate field office for the City's
Page 23
General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
T
field representative(but the separate office may be in the same structure).The buildings shall afford protection against the weather,
and each office shall have a lockable door,at least one window,adequate electrical outlets and lighting,and a shelf large enough to
accommodate perusal of the project drawings.Openings shall have suitable locks.Field offices shall be maintained for the full time
during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and
equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday.During warm weather the offices
shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the
Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field
representatives office:one deck,four chairs,plan rack and a four drawer filing cabinet(with lock).Each office shall contain not less
than 120 square feet of floor space.
The Contractor shall provide and maintain storage sheds,other temporary buildings or trailers on the project site as required for hTs
use.Location of sheds and trailers shall be as approved by the Owner.Remove sheds when work is completed,or as directed.
P-5 TELEPHONE. The Contractor shall provide and pay for telephone installation and service to the field offices described
above.Service shall be maintained for the duration of operations under this contract.The Contractor shall provide for and pay for an
automatic telephone-answering device at the site office for the duration of the project.Contractor will install separate fax lines and
instruments for the City and the Contractor.
P-6 TOILET FACILITIES. The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all
workmen and subcontractors employed on the project.
P-7 UTILITIES. Contractor shall make all necessary arrangements and provide for temporary water and electricity required
during the construction. Contractor shall provide and install temporary utility meters during the contract construction period.These
meters will be read and the Contractor will be billed on this actual use.The Contractor shall provide all labor and materials required
to tap into the utilities.The Contractor shall make the connections and extend the service lines to the construction area for use of all
trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines.Only utilities at existing
voltages,pressures,frequencies,etc.will be available to the Contractor.
Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on
the Drawings.Pipe water from the source of supply to all points where water will be required.Provide sufficient hose to carry water
to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide
pumps,tanks and compressors as may be required to produce required pressures.
Electric Service. Provide adequate electric service for power and lighting to all points where required.Temporary, electric service
shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors,welding
machines,lights,heating plant,air conditioning system,pumps,and other work required.Provide sufficient number of electric outlets
so that 50 foot long extension cords will reach all work requiring light or power.
Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and
at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a
socket voltage of at least 110 volts. Use at least 100 waft lamps. In any event, the lighting intensity shall not be less than 5 foot
candles in the vicinity of work and traffic areas.
P-8 HEATING. Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat,
ventilation,fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to
prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes.All such
heating,ventilation and services shall be provided and maintained until final acceptance of all work. In addition,the Contractor shall
provide heat ventilation prior and during the following work operations as follows:
a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces
involved to not less than 40 F.
b) From the beginning of the application of drywall and during the setting and curing period,provide sufficient heat to produce a
temperature in the spaces involved of not less than 55 F.
c) For a period of seven (7)days previous to the placing of interior finish materials and throughout the placing of finish painting,
decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F.
P-9 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION
The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting
equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all
work of the Contract.Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors.
The Contractor shall provide,maintain,and remove upon completion of the work,or sooner,if authorized by the Owner,all fences,
barricades, lights,shoring, pedestrian walkways, temporary fire escapes,and other protective structures or devices necessary for
the safety of workmen,City employees,equipment,the public and property.
All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the
authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard.
Page 24
General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from
underground seepage,rainfall,drainage of broken lines.
The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible,
maintain a night
The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside
elements, dusts,and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the
approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection
as specified.
P-10 PROJECT BULLETIN BOARD. The Contractor shall furnish,install and maintain during the life of the project a weather-
tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for
locking.The bulletin board shall be mounted where and as approved by the Owner,in a prominent place accessible to employees of
the Contractor and sub-contractors,and to applicants for employment.The bulletin board shall remain the property of the Contractor
and shall be removed by him upon completion of the Contract work.The following information which will be furnished by the City to
the Contractor, shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all
times for the duration of the Contract.
a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38).
b. Wage Rate Information Poster(Form SOL 155),with the Contract Schedule of minimum wage rates as required by the
Davis-Bacon Act.
G. Safety Posters.
SECTION Q
VENUE
Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas,
Page 25
General Conditions for Facility Construction Lump Sum Contract,City of Fort Worth 4/8/2004
t
WESTERN COMMUNICATIONS TOWER
Specifications
11/2/2004
General
jContractor shall design, manufacture, install, commission and warrant of a 220 foot self-
supporting steel communications structure and supporting foundation.
Construction of the supporting site and equipment enclosure is under a separate contract.
Tower
The tower will be square in design (4-faces) tapering to nominally 5' 0" at the top of the
structure. The bases shall be of such size and dimensions to adequately support the structures.
The structures shall utilize solid steel rod material for the tower legs and angular steel for the
4 bracing.
All tower materials shall be hot dipped galvanized as per ASTM A123. Assembly hardware
shall be galvanized as per ASTM A153. Mill-certified steel shall be used throughout the
structure.
The tower shall be designed for a basic wind speed of 70 mph with °/2" of radial ice in
accordance with ANSI/EIA/TIA-222-F-1996 (or latest release). It is preferred NOT to take a
reduction in wind speed when ice is applied to the tower.
Antenna platforms will be designed by the contractor. City of Fort Worth will provide
Geotechnical data at time of award. Adjustments to assumed foundation will be made by
construction change order.
Design Codes:
• ANSI/EIA/TIA-222-F-1996 or latest release
• ASTM A-123
• ANSI A58.1 or UBC, whichever is more stringent
• PE (Professional Engineer)to seal the tower design as meeting EIA standards and local
codes
{ Design Performance Criteria:
• 70 mph with 1/2" of radial ice, simultaneous
• Wind Exposure "C"
• Tarrant County, Texas
• Twist & Sway to accommodate initial, and future, microwave system load
• K factor of one for all leg members
Tower:
• Four(4)face self-supporting, steel construction
• 220 feet to top of the structure, tapering to nominally 5' 0" at the top of the structure
• Leg Construction:
o Solid bar with angle bracing
aid` `0
Page 11'2
,
WESTERN COMMUNICATIONS TOWER
Specifications
11/2/2004
t
o Only certified welders to construct the tower
o Heavy structural steel experience to be described
o Relevant certificates of staff to be provided to the City
• Climbing Devices Comply with latest releases /versions of:
• OHSA 1910.27
• FAA RRS-001301
• ANSI A14.3-1984
• Face Mounted Service Ladder with rest stop/rest platform every 50'
• Anti-climbing ladder guard
• Finish:
• Galvanized ASTM A123 for structural shapes
• Galvanized ASTM A153 for hardware
• Hardware (of any sort) producing corrosion is unacceptable!
• Mill-certified steel
• Foundation
• Based on soil report (By City of Fort Worth)and American Concrete Institute (ACI)
Standards
• Minimum Concrete compression strength 3000 PSI
• Rebar per AStM A615 GR60,
• 3-inch minimum cover over all rebar
• Assume the proposed foundation is 12-inch pad with 4-36" diameter piers, 20 feet
deep.
• P.E. stamped foundation design
• Grounding
• In accordance with Motorola R56 documentation
• ANSI/EIA/TIA-222-F-1996 or latest release
• Ground rod, 5/8"diameter 8-feet long, for each tower leg
• Lightning rod to be on top of tower and line to ground on each leg
• Ground Bars
o Two (2) hole lugs
o Located on top level, mid-level and bottom of each face
• Exothermic connections to be used throughout the grounding system
• Lighting
• As required by the FAA
o Daytime—Strobe White
o Nighttime—Flashing /Solid Red
• Platforms
• Work Platform/cat walks complete with hand rails and guard rail
• Candelabra on top of structure
• Conceptual drawing of candelabra attached
Page 2
WESTERN COMMUNICATIONS TOWER
Specifications
1112/2004
• Must be capable of supporting 600 Ib dynamic load in addition to the static antenna
and transmission line load on the antenna platform.
• Mounts
• Multi-point mounts to be provided
• Pipe mounts for microwave dishes
o All mounts galvanized
o 4-1/2"diameter pipes
• Transmission line/waveguide support system to be centered on each face of the
structure
o Support bolt-on and snap-in hardware
o Maximum 3-foot spacing
• Detailing/ Erection Book
o 15 hard copies to be provided
o Soft copy to be provided
o Ability of the City to make copies for internal use as needed
Page 3
WESTERN COMMUNICATIONS TOWER
Specifications
11/2/2004
Elevation QTY Type Mount W/G Size
Top mount 5 Analogue Trunked System TX Bogner BMR 10 or Bogner BMR Qty 1
Antennae 12 11/4"per
Antenna
Top mount 4 Analogue Trunked System RX Bogner BMR 10 or Bogner BMR Connected to
Antennae 12 tower top pre-
am
Top mount 8 Digital Trunked System TX Bogner BMR 10 or Bogner BMR Qty 1
Antennae 12 1 1/4"per
Antenna
Top mount 4 Digital Trunked System RX Bogner BMR 10 or Bogner BMR Connected to
Antennae 12 tower top pre-
am
Top mount 8 Tower Top Receiver Pre-Amp Qty 1 7/8"
Qty 13/8
(test port)
Per Tower Top
Pre-Am
Top mount 1 Mobile Data System TX Antenna Celwave PD1017-3 Qty 1
1 1/4"per
Antenna
Top mount 1 Mobile Data System RX Antenna Celwave PD10017-1 Connected to
tower top pre-
am
Top mount 1 Tower Top Receiver Pre-Amp qty 17/8-
Qty
7/8"Qty 1 3/8"
(test port)
Per Tower Top
Pre-Am
Top mount 1 NPSPAC TX Antenna
Top mount 1 NPSPAC RX Antenna
Top mount 1 Fire Station Alerting System TX
Antenna
Top mount 1 Fire Station Alerting System RX
Antenna
Top mount 1 Siren Warning System TX
Antenna
Top mount 1 Siren Warning System RX
Antenna
Top mount 1 Paging System TX Antenna
130 feet 1 Digital Microwave System 6'Diameter 1 1/4"WE65
North Beach Shot- Main PADX6-59WAC
93 feet 1 Digital Microwave System 6'Diameter 1 1/4"WE65
North Beach Shot-Space PADX6-59WAC
Diversity
95 feet 1 Digital Microwave System 6'Diameter 1 1/4"WE65
Levee Shot- Main PADX6-59AC
67 feet 1 Digital Microwave System 6'Diameter 1 '/4"WE65
Levee Shot-Space Diversity PADX6-59AC
Page 4
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/21/2004
DATE: Tuesday, December 21, 2004
LOG NAME: 20SABRE REFERENCE NO.: **C-20449
SUBJECT:
Authorize Execution of a Contract with Sabre Communications Corporation to Construct
the Western Communications Tower for the Information Technology Solutions Department
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Sabre
Communications Corporation in the amount of $156,109 to fabricate and erect the Western
Communications Tower for the Information Technology Solutions Department,
DISCUSSION:
The Information Technology Solutions Department is coordinating the efforts to develop a Western
Communications Tower site. The new communications site is being developed at the Eagle Mountain
Water Treatment Plant. The new Eagle Mountain site is to support the public safety delivery of services for
the Lake Country Estates area, the general western segment of Fort Worth to the Parker County line and
the City's Extraterritorial Jurisdiction in northwest Tarrant County. The City Council approved use of the
Crime Control and Prevention District Fund (M&C G-13558, March 9, 2002) and the sale of $2,600,000 in
Certificates of Obligation in December, 2002, to fund the estimated $5,200,000 cost to construct the
communications tower and develop the site.
This contract is for a 220' self-supporting structure. It will support the antennae needed for the expansion
of the existing City Communication Systems. It is estimated that the tower will be completed by June
2005.
An equipment building supporting the tower operations will be constructed under a separate contract. An
M&C will be forthcoming in the next 1-2 months for that contract. Due to the specialized nature of the
equipment tower, it was.not practical for both the tower and the equipment building to be constructed as a
part of a single contract. An Architect has been engaged under a separate contract for $24,000 for the
design of the equipment building.
PROPOSAL ADVERTISEMENT:
The tower portion was advertised on November 3, 2004 and three proposals were received December 2,
2004. The following proposals were received:
CONTRACTOR BASE BID DURATION
Sabre Communications Corp. $156,109.00 90 Calendar Days
Radian Communication Services, Inc. $197,050.60 90 Calendar Days
Imperial Construction Ltd. $216,054.00 90 Calendar Days ��;�G,� i �®�1�
The estimated costs for the construction of the Tower are as follows:
Construction contract $156,109
Change Order Contingencies $ 15,000
Project and Construction Management by TPW $ 25,000
Total $196,109
Sabre Communications Corporation is in compliance with the City's M/WBE Ordinance by committing 38%
M/WBE participation. The City's M/WBE goal for this project is 20%.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon the approval of the above recommendation, funds will be available
in the current capital budget, as appropriated, of the Fire Services Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C132 541200 004132001001 $156,109.00
Submitted for City Manager's Office by. Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Dalton Murayama (8088)