HomeMy WebLinkAboutContract 13595 411111
CITY SECRETARY. CONTRACTNTR C �.�
OTFICIAL RECG fl PROJECT MANUAL FOR
RECENE� CITY SECRETARY '
FEB , FT. w GR T H, TEX.
`d °1 ELEPHANT/ HIPPO EXHIBIT
FOREST PARK ZOO
FORT WORTH, TEXAS
i
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THIS COPY FOR.i
"'CITY SECRETARY
-TRANS. & PUB. V1i;S.
_ICON Rl?C1^OR
____CONTIUCTOR IS BONDING CO.
--A/.E
ALBERT S. KOMATSU & ASSOCIATES
ARCHITECTS ENGINEERS
BID SET N
City of' .fort Worth, 2'exas
Mayor and Council Communication
R1kH P0RtATHONjF1J9 C.WORKS•0
PARKS Aho R C� 4LON•1. REFERENCE SUBJECT: AWARD OF CONTRACT: PAGE
GG NUMBER CONSTRUCTION OF THE ELEPHANT/HIPPO 2
1/24/84 **C-8183 EXHIBITAT THE FOREST_PARK ZOO 1 of
Background
On September 21, 1982, M&C No. C-6517, the Council approved the selection of
Albert S. Komatsu & Associates to design a new elephant/hippo exhibit for the
Forest Park Zoo. Plans and specifications have been prepared for the
construction of the project.
Scope of Work
Work includes a building to house the animals, a new hay barn, new entry gate,
sidewalks and viewing areas, outdoor pens for the animals that include pools
and moats to separate Zoo patrons from the animals, and site utility
construction.
Submission of Bids
Bids were received on December 8, 1983 following advertisements on November 17,
and 24, 1983. Ten bids were submitted and are tabulated as follows:
Contractor Base Bid Alternates Total Calendar Day!
1. M&L Construction
Company, Inc. 948,000 169,200 1,117,200 365
2. Pickus Construction
Company 1,005,472 231,447 1,236,919 183
3. Baldwin Construction
Company 1,1,76,000 184,000 1,360,000 330
4. Rose Construction
Company, Inc. 1,199,400 197,700 1,397,100 330
5. R.A. Reis & Associates
Inc. 1,128,363 279,401 1,407,764 210
6. Architectural Utilities
Inc. 1,149,000 291,300 1,440,300 350
7. HICO Industries
Inc. 1,145,000 345,000 1,490,000 305
8. Martin K. Eby
Construction Inc. 1,230,000 319,000 1,549,000 300
9. Cain Brogden Cain
Inc. 1,338,000 457,000 1,795,400 365
10. McBride Commercial
Builders, Inc. 193961,006 458,000 1,854,006 None
DATE REFERENCE SUBJECT: AWARD OF CONTRACT: PAGE
NUMBER
CONSTRUCTION OF THE ELEPHANT/HIPPO 2 of
1/24/84 **C-8183 EXHIBIT AT THE FORESI PARK ZOO
Project Cost and Financing
Funding in the amount of $870,000 is available in Account No. 36-0466012-00,
Elephant/Hippo Exhibit. It is recommended that an additional $123,600 be made
available to the project from Account No. 10-010001-00 Capital Project Reserve
Unspecified. The remaining $123,600 required to finance the project will be .
donated to the project account by the Fort Worth Zoological Association.
Sufficient funds are available in Account No. 36-046012-00 to finance survey,
inspection, and administration costs.
Recommendation
It is recommended that the City Council authorize the City Manager to:
a. Transfer funds in the amount of $123,600 from the Capital Project Reserve
Unspecified Account No. 10-010001-00 for the Elephant/Hippo Exhibit.
b. Accept a gift from the Fort Worth Zoological Association in the amount of
$123,600 in Special Gift Fund and appropriate same into Account No.
36-046012-00, Elephant/Hippo Exhibit.
C. Enter into a contract with the low bidder, M&L Construction Company, Inc.
in the amount of $1,117,200 for 365 calendar days. This contract includes
the base bid and all additive alternates.
DAI:dw
APPROVED BY
CITY COUNCIL
DD JAN 24 1984
Ckr Sw"IaLy
Ckr of A�w 11lwk TWAS
SUBMITTED FOR THE, DISPOSITION BY COUNCIL: PROCESSED BY
CITY
OFFICEABY:GER'S �a� / J
(� (-.I APPROVED
ORIGINATING j OTHER (DESCRIBE)
DEPARTMENT HEAD. Gary L. Santerre CITY SECRETARY
FOR ADDITIONAL INFOR�p44T'ONM
CONTACT: WWIITTII assey Ext. 7910 DATE
ADDENDUM NO. 1 Date: December 9, 1983
to the
DRAWINGS AND PROJECT MANUALS PROJECT NO. 1157
for
ELEPHANT/HIPPO EXHIBIT
Forest Park Zoo
Fort Worth, Texas
ALBERT S. KOMATSU & ASSOCIATES
ARCHITECTS ENGINEERS
Fort Worth, Texas
This addendum modifies the drawings and project manuals dated November 17,. 1983
as noted within and shall become part of the contract documents.
Bidders shall acknowledge receipt of this addendum in the space provided on the
bid form. Failure to do so may subject the bidder to disqualification.
SPECIFICATIONS
1 . Add to the Project Manual the "PROPOSAL" included herein.
2. Add to the Project Manual the "NOTICE TO BIDDERS", included herein.
DRAWINGS
SHEET C-2
3. Revise detail 1/C2 as shown on sheet SC-1 included in this addendum.
4. Delete detail 4/C2, insert - in Its place the detail shown on sheet SC-2
included in this addendum.
SHEET C-4
5. Add detail shown on sheet SC-3 to this sheet. This detail shows the
construction of the stone wall in AIT. A.
6. Detail #I /C4, delete the following note: "Plant grass in bottom of moat."
Add the following note in its place: "Grass - not in contract."
SHEET A-3
7. Revise details 2 and 3 sheet A3 as shown on sheet SA-1 , included herein.
SHEET S-1
8. Revise detail 12/S1 to include changes made in Item 7 this addendum.
Page 1 of 12
ADDENDUM NO. 1
A
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SHEET S2 ►
9. Add the following note:
"8. Pier depth shall be 10 ' below existing Vade, minimum pier length
shall be 10 '-0"." 1 -
10. Add the following note to drawing #1 /S2.
"Header for south end of small skylights shall be designed and supplied by
the fabricator of the precast concrete planks."
SHEET M-1
11 . Detail 5/M1 , delete the 6" dimension from the note " 6" cont. poured over
piping".
Page 2 of 12
ADDENDUM N0. 1
Awk
PROPOSAL
TO: Mr. Robert L. Herchert
City Manager
Fort Worth, Texas
FOR: Elephant/Hippo Exhibit, Forest Park Zoo
Name of Bidder M and L CONSTRUCTION CO. , INC C.
Address PO BOX 368
BURLESON, TEXAS 76028
Date December 15, 1983
Gentlemen:
1 . 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 fur-
nish 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 Public Works Director of the City of Fort
Worth, and binds himself on acceptance of this Proposal by the City
Council , to execute a contract and furnish a Payment and Performance Bond
approved by the City of Fort Worth for performing and completing the said
work within the time stated and for the following sums, to wit:
2. ADDENDUM RECEIPT: Bidder acknowledges receipt of the following Addendum:
Addendum No. 1 dated 12/9/83 Addendum No. dated
Addendum No. 2 dated 12/12/83 Addendum No. dated
Addendum No. dated Addendum No. dated
3. BIDDING SCHEDULE:
A. BASE BID:
The Bidder, with complete knowledge of all requirements and conditions
affecting the cost related to this project, submits the following bid,
including all applicable allowances, and hereby proposes to complete faith-
fully and in a workmanlike manner, the construction of the Elephant/Hippo
Exhibit, Forest Park Zoo, as shown on the drawings and in accordance with
the specifications, for the lump sum amount of:
Dollars
47 150 it. 42 D
P-1
Page 3 of 12
ADDENDUM NO. 1
The bidder understands that Base Bid Lump Sum includes Performance Bond,
Payment Bond, etc.
4. ALTERNATIVES:
A. Alternative No. 1 : Contractor shall provide all labor and materials
required for the construction of a concrete precast panel fence in lieu of a
portion of the wood fence on the west side of the project area. A portion of
this fence will serve as the west wall of the Hay Barn under alternative number
2.
����.Do l i a r s ($
B. Alternative No. 2: Contractor shall provide all labor and materials
required for the construction of the Hay Barn, Ticket Booth - Entrance, Dock and
other items as required by the contract documents. Relocation of the existing
ticket booth from its temporary location to another location on the zoo property
will be a part of this alternative.
60
Dollars ($
C. Alternative No. 3: Contractor shall provide all labor and materials
required for the construction of Display Yard #1 . Display Yard #1 will include
all vertical pole fencing shown for this area, moat #1 , and relocation of a
sliding yard gate as shown on sheet C-2. Additional vertical pole fencing will
be required in the area of moat #4 to complete the enclosure. All vertical pole
fencing installed under this alternate is to be solid (without gaps) . The
chainlink fence around the keepers area (northeast corner of building) is to be
replaced with vertical pole fencing as shown on sheet C-2. The fencing that
forms the aisle will be deleted by this alternative.
Do 1 1 a r s ($ .
D. Alternative No. 4: Contractor shall provide all labor and materials
required for the construction of display Yard No. 2 and construction of a stone
veneer fence in lieu of vertical poles along the east side of the elephant pool .
Display Yard No. 2 includes all vertical pole fencing, three sliding yard gates
and moat A. All vertical pole fencing shall be installed as shown on sheet
C-2. Deletion of the vertical pole fence required by alternative #3 in the area
of moat #4 will be a part of this alternative.
Dollars $,eaa O 60)
P-2
Page 4 of 12
ADDENDUM N0. 1
G
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y
{V
It is understood by the Bidder that, should any or tall of the above listed
alternatives be accepted, the amounts given shall inlcude all necessary design,
engineering, testing, labor, materials, required for proper installation. Any
alterations and/or modifications to the construction drawings and specifications
shall be prepared by the contractor and submitted td -the architect for reivew
prior to installation. '
5. CHANGE ORDERS:
Authorization for changes in the work shall be only by Change Order, in
accordance with Section K of the General Conditions, issued by the
Architect and approved by the Owner. In consideration for said changes,
the General Contractor's percentages to be charged for overhead and profit
are:
a. General Contractor's Work
1 . Overhead %
2. Profit
b. Sub-Contractor's Work
1 . Overhead %
2. Profit %
6. TIME REQUIRED FOR COMPLETION: The Bidder hereby agrees, if awarded .the
contract, to commence work and complete all work,• ready for Owner's use and
occupancy, in consecutive calendar days from date
stipulated in "Notice to Proceed" issued by the City of Fort Worth.
7. On a contract awarded by the City of Fort Worth, an organization which
qualified for exemption pursuant to the provisions of Article 20.04 (F) of
the Texas Limited Sales, Excise and Use Tax Pict, the Contractor may
purchase, rent or lease all materials, supplies, equipment used or consumed
in the performance of this contract by issuing to-his supplier an exemption
certificate in lieu of the tax complying with the State Comptroller's
ruling #95-0-07. Any such exemption certification issued by the Contractor
in lieu of the tax shall be subject to the provisions of the State
Comptroller's ruling #95-0-.09 as amended to be effective October 2, 1968.
Limited Sales, Excise and Use Tax permits can be obtained from Comptroller
of Public Accounts, Sales Tax Division, Capitol Station, Austin, Texas.
8. The undersigned agrees to complete all work covered by these contract docu-
ments within the calendar days bid for this project from and after the date
for commencing work as set forth in the written "Noti_ce to Proceed" to be
issued by the Owner, subject to an amount as required by Item #9 Special
Instructions to Bidders, per calendar day for liquidated damages and
further subject to authorized adjustments in accordance with Articles G-3
P-3
Page 5 of 12
ADDENDUM NO. 1
of the General Conditions. The undersigned further agrees to pay not less
than the minimum wage rates for each craft employed, as established by the
City of Fort Worth.
9. The City reserves the right to reject any and/or all bids and waive any
and/or all formalities. No bid may be withdrawn until the expiration of
Forty-Five (45) days from the date bids are opened.
CONTRACTOR: M and L CONSTRUCTION CO. , INC.
BY: � �� Marvin L. Cartwright, Pres.
DATE: December 15, 1983
—ATTE ST: ('Lfyn.'y_u_0_ _E&t
I
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PA
Page 6 of 12
ADDENDUM N0. 1
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NOTICE TO BIDDERS
Sealed proposals for the following:
ELEPHANT/HIPPO EXHIBIT
FOREST PARK Z00
FORT WORTH, TEXAS r'
Addressed to Mr. Robert L. Herchert, City Manager of the City of Fort Worth,
Texas, will be received at the office of the City Manager until 11 :00 A.M. ,
December 15, 1983, then publicly opened and read aloud. Drawings, specifica-
tions and contract documents for this project may be obtained at the office of
the Transportation and Public Works Director, Municipal Office Building, 1000
Throckmorton Street, Fort Worth, Texas, on or after November 23, 1983. A Fifty
Dollar ($50.00) deposit is required for each set of documents. Additional
information may be obtained by calling 817/870-7962. - Out of town bidders may
wish to pre-arrange for mailing of Drawings, Specifications and Contract
Documents prior to their availability.
Contract Documents may be seen at the following locations:
i. Office of the Director of Transportation 8 Public Works, City of Fort Worth
2. Office of the Architect:
Albert S. Komatsu & Associates
1612 Summit Avenue, Suite 200
Fort Worth, Texas 76102
3. Fort Worth Dodge Co.
4. Fort Worth, Dallas, Waco, and Houston A.G.C. Plan Rooms
5. Texas Contractors
A Pre-Bid Conference will be held at 10:00 A.M. on Tuesday, December 6, 1983 in
the City Council Chambers, Municipal Office Building, .1000 Throckmorton Street,
Fort Worth, Texas.
All Bidders will be required to comply with Provision 5159a of "Vernon's
Annotated Civil Statutes of the State of Texas" with respect to the payment of
prevailing wage rates, and City Ordinance No. 7400 prohibiting discrimination in
employment practices.
The scope of work consists of furnishing all labor, materials, services, and
equipment required to construct the Elephant/Hippo Exhibit, Forest Park Zoo,
Fort Worth, Texas.
NTB-1
Page 7 of 12
ADDENDUM NO. 1
The City reserves the right to reject any and/or all bids and waive any and/or
' all formalities. No bid may be withdrawn until the expiration of Forty-Five
(45) days from the date bids are opened.
ROBERT L. HERCHERT RUTH ALEXANDER
CITY MANAGER CITY SECRETARY
November 23, 1983
December 1 , 1983
Fort Worth, Texas
NTB-2
Page 8 of 12
ADDENDUM NO. 1
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ADDENDUM N0. 1
ADDENDUM NO. 2 DATE: December 12, 1983
to the
DRAWINGS AND PROJECT MANUALS PROJECT NO. 1157
for
ELEPHANT/HIPPO EXHIBIT
FOREST PARK Z00
FORT WORTH, TEXAS
ALBERT S. KOMATSU b ASSOCIATES
ARCHITECTS ENGINEERS
Fort Worth, Texas
This addendum modifies the drawings and project manuals dated November 17, 1983
as noted within and shall become part of the contract documents.
Bidders shall acknowledge receipt of this addendum in the space provided on the
bid form. Failure to do so may subject the bidder to disqualification.
SECTION 03010 - CONCRETE WORK
1 . Page 03010-4, paragraph 2.04, add the following:
"J. Corrugated Fiberboard Carton Forms: The corrugated fiberboard car-
ton forms shall be the product of a reputable manufacturer regularly
engaged in the commercial production of carton forms. The forms shall
be 6 inches deep, doublefaced, corrugated fiberboard, constructed of
water proof paper and laminated with waterproof adhesive and shall be of
size shown on the drawings. The forms shall be designed to support not
less than 1000 psf, and shall not lose more than 15% of their original
strength after being completely submerged in water for 24 hours and then
dried naturally. The design of the proposed forms shall be submitted to
the Architect for approval prior to use. Fiberboard forms shall be
assembled with steel banding at 4'-0" on center maximum or by adequate
stapling, provided liners and flute are impregnated with waterproofing,
as recommended by the manufacturer. Forms shall be placed on a smooth
firm bed of suitable material so as not to be displaced vertically, and
be set tight with no buckled cartons, in order that horizontal displace-
ment cannot take place. Each section of form shall have its ends sealed
by dipping in waterproofing wax, with any additional cutting of forms at
the job site to be field dipped in the same type of wax sealer, unless
liners and flutes are completely impregnated with waterproofing. If
forms are destroyed or damaged for any reason and are not capable of
supporting the design load, they shall be replaced with new forms prior
to placing of concrete."
CLARIFICATIONS
2. Remove old paved surface, excavate only as required for installation
of below grade work. Install non-expansive fill to proper grade
(minimum thickness of 3 feet) . Install 6 mil polyethelene vapor barrier
over the fill prior to placing the slab.
Page 1 of 3
ADDENDUM NO. 2
On all slab areas with integral radiant heating systems, install rigid
insulation to a "R" value of 18 over the polyethelene. Next pour a 2"
waste slab and install all piping. After acceptance of the piping,
pour the 5" slab as shown on the drawings.
3. Provide 6 inch corrugated fiberboard carton forms under all grade beams
and precast concrete panels.
SHEET S1 - FOUNDATION PLAN, DETAILS
4. Detail 11 , Section, revise as indicated on the attached sheet SS-1 .
Page 2 of 3
ADDENDUM NO. 2
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Page 3 of 3
ADDENDUM NO. 2
SHEET �``' � zoo ALBERT S. KOMATSU & ASSOCj A.M ''
!E-S- ►J old tx,
1_011 I DRAWN BY ARCHrITj 15•ENGINEERS•INTERIOR DESIGNERS
OF SHEUMIPIO. FORT WORTH,TEXAS
PROJECT MANUAL FOR
ELEPHANT/HIPPO EXHIBIT
FOREST PARK Z00
FORT WORTH, TEXAS
Project No. 1157
November 17, 1983
ALBERT S. KOMATSU & ASSOCIATES
ARCHITECTS ENGINEERS
1612 Summit Avenue, Suite 200
Fort Worth, Texas 76102
817/332-1914
CARTER E BURGESS INC.
ENGINEERS/PLANNERS
1100 Macon Street
P. 0. Box 2973
Fort Worth, TX 76113
TABLE OF CONTENTS FOR PROJECT MANUAL
TABLE OF CONTENTS
Notice to Bidders NTB-1 - 2
Special Instructions to Bidders SIB-1 - SIB-2
City of Fort Worth, Texas Construction Contract C-1 - C-4
Performance Bond C-5 - C-7
Payment Bond C-8 - C-10
Certificate of Insurance C-11 - C-12
Experience Record C-13 - C-14
General Conditions of the Contract for Construction GC-1 - GC-26
Approved Standard Wage Rates 1 - 3
DIVISION I - GENERAL REQUIREMENTS
01100 Alternatives 01100-1 - 2
-- 01205 Procedures and Controls 01205-1 - 5
01340 Submittals 01340-1 - 4
01505 Temporary Facilities 01505-1 - 5
01605 Products and Substitutions 01605-1 - 6
01705 Project Closeout 01705-1e - 5
DIVISION II - SITE WORK
02020 soil Investigation 02020-1 - 6
02110 Site Clearing 02110-1 - 3
02200 Earthwork 02200-1 - 7
02281 Termite Control 02281-1 - 2
02411 Foundation Drainage 02411-1 - 2
02444 Fences and Gates 02444-1 - 5
, 02513 Asphalt Concrete Paving 02513-1 - 4
02515 Portland Cement Concrete Paving 02515-1 - 5
02520 Storm Drainage System 02520-1 - 6
02530 Manholes, Catch Basins, Inlets and
Inspection Holes 02530-1 - 7
DIVISION III - CONCRETE
03010 Concrete Work 03010-1 -16
03360 Gunite Work 03360-1 - 4
03410 Structural Precast Concrete 03410-1 -10
03430 Tilt-up Concrete Construction 03430-1 - 4
DIVISION IV - MASONRY
04200 Unit Masonry 04200-1 - 5
TC-1
DIVISION V - METALS
05120 Str.uctural Steel 05120-1 - 5
05210 Steel Joist 05210-1 - 3
05300 Metal Decking 05300-1 - 3
05500 Metal Fabrications 05500-1 - 6
DIVISION VI - WOOD & PLASTICS
06100 Rough Carpentry 06100-1 - 4
06200 Finish Carpentry 06200-1 - 4
06400 Architectural Woodwork 06400-1 - 3
DIVISION VII .- THERMAL AND MOISTURE PROTECTION
07200 Insulation 07200-1 - 3
07220 Tapered Roof Insulation 07220-1 - 2
07410 Preformed Roofing 07410-1 - 3
07460 Siding 07460-1 - 2
07530 Flexible Sheet Roofing System 07530-1 - 5
07600 Flashing and Sheet Metal 07600-1 - 3
07900 Joint Sealers 07900-1 - 5
DIVSION VIII - DOORS & WINDOWS
08100 Steel Doors and Frames 08100-1 - 3
08331 Overhead Coiling Doors 08331-1 - 4
08360 Sectional Overhead Doors 08360-1 - 4
08370 Hydraulic Door Equipment 08370-1 - 2
08450 Turnstiles 08450-1 - 2
08520 Aluminum Windows 08520-1 - 2
08700 Builders Hardware 08700-1 - 5
08800 Glass and Glazing 08800-1 - 3
DIVISION IX - FINISHES
09250 Gypsum Drywall 09250-1 - 4
09650 Resilient Flooring 09650-1 - 3
09900 Painting 09900-1 - 6 _
DIVISION X - SPECIALTIES
10520 Fire Extinguishers, Cabinets, and Accessories 10520-1 - 2
10800 Toilet Accessories 10800-1 - 2
DIVISION XI - EQUIPMENT
DIVISION XII - FURNISHINGS
None in this job.
DIVISION XIII - SPECIAL CONSTRUCTION
None in this job.
DIVISION XIV - CONVEYING SYSTEMS
None in this job.
TC-2
DIVISION XV - MECHANICAL
15010 Mechanical - General Provisions 15110-1 - 14
15140 Pumps 15140-1 - 3
15180 Insulation 15180-1 - 6
15400 Plumbing 15400-1 - 8
15401 Piping and Accessories 15401-1 - 15
15500 Fire Protection 15500-1 - 4
15820 Air Distribution 15820-1 - 8
15900 Controls and Instrumentation 15900-1 - 4
15906 Pipe and Valve Identification 15906-1 - 4
15907 Testing and Balancing 15907-1 - 7
DIVISION XVI - ELECTRICAL
16010 Electrical - General Provisions 16010-1 - 10
16110 Conduit 16110-1 - 4
16120 Wire and Cable 16120-1 - 2
16140 Devices aand Plates 16140-1 - 2
. 16400 Switchgear 16400-1 - 3
16500 Lighting 16500-1 - 2
TC-3
NOTICE TO BIDDERS
Sealed proposals for the following:
ELEPHANT/HIPPO EXHIBIT
FOREST PARK ZOO
Fort Worth, Texas
Addressed to Mr. Robert L. Herchert, City Manager of the City of Fort Worth,
Texas will be recieved at the Office of the City Manager until 11 :00 A.M. ,
December 8, 1983, and then publicly opened and read aloud. Drawings, specifi-
cations and contract documents for this project may be obtained at the office of
the Transportation and Public Works Director, Municipal Office Building, 1000
Throckmorton Street, Fort Worth, Texas, on or after November 17, 1983. A Fifty
Dollar ($50.00) deposit is required for each set of documents. Additional
information may be obtained by calling 817/870-7809. Out of town bidders may
wish to pre-arrange for mailing of Drawings, Specifications and Contract
Documents prior to their availability.
Contract Documents may be seen at the following locations:
1. Office of the Director of Transportation E Public Works, City of Fort Worth
2. Office of the Architects:
Albert S. Komatsu E Associates
r 1612 Summit Ave. , Suite 200
Fort Worth, TX 76102
3. Fort Worth Dodge Co.
4. Fort Worth, Dallas, Waco, and Houston A.G.C. Plan Rooms
5. Texas Contractors
A Pre-Bid Conference will be held at 10 :00 A.M. on Tuesday, November 29, 1983 in
the City Council Chambers, Municipal Office Building, 1000 Throckmorton Street,
Fort Worth, Texas.
All Bidders will be required to comply with Provision 5159a of "Vernon's
Annotated Civil Statutes of the State of Texas" with respect to the payment of
prevailing wage rates, and City Ordinance No. 7400 prohibiting discrimination in
employment practices.
The scope of work consists of furnishing all labor, materials, services, and
equipment required to construct the Elephant/Hippo Exhibit, Forest Park Zoo,
Fort Worth, Texas.
NTB-1
The City reserves the right to reject any and/or all bids and waive any and/or
all formalities. No bid may be withdrawn until the expiration of Forty-Five
(45) days for the date bids are opened.
Robert L. Herchert Jack W. Green
City Manager City Secretary
November 17, 1983
November 24, 1983
Fort Worth, Texas
NTB-2
SPECIAL
INSTRUCTIONS TO BIDDERS
1. BID SECURITY: Cashier' s check or an acceptable bidder's bond payable
to the City of Fort Worth, in an amount of not less than five (5) per
cent of the largest possible total of the bid submitted 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.
2. PAYMENT BOND AND PERFORMANCE BOND: The Contractor will be required to
make a payment bond and a performance bond of not less than one
hundred (1009) per cent of the contract price, conditioned upon the
faithful performance of the contract and upon payment of all persons
supplying the labor or furnishing the materials used on this project.
3. PRE-BID SITE INVESTIGATION: Prior to filling a bid, the bidder shall
examine the site 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.
4. AMBIGUITY: In case of ambiguity or lack of clearness in stating
prices in the proposal, the City reserves the right to adopt the most
advantageous construction thereof to the City or to reject the
proposal.
5. WAGE RATES: Not less than the prevailing wage rates established by
the City of Fort Worth, Texas, and set forth in Contract Documents
must be paid on this project.
6. FINANCIAL STATEMENT: A current certified financial statement may be
required by the Transportation and Public Works Director if required
for use by the CITY OF FORT WORTH in determining the successful
bidder. This statement, if required, is to be prepared by an
independent Certified Public Accountant or Independent Public
® Accountant holding a valid permit issued by an appropriate State
Licensing Agency.
7. EXPERIENCE RECORD: Following opening of bids and determination of the
apparent low bid, the successful low bidder may be required to submit
a current experience record to the Transportation and Public Works
Director in order to determine bidder qualifications for performing
specified work.
SIB-1
8. 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, who will then send a
written addendum to all Bidders concerned. 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 on his bid.
9. LIQUIDATED DAMAGES: The deduction for liquidated damages shall be set
according to the latest revision to the City of Fort Worth Standard
Specifications for Construction, Specification Item 8.6 as shown below
and will be reflected on page C-2 of these contract documents when
this contract is executed.
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
$ 100,001 to $ 500,000 $210
$ 500,001 to $ 1,000,000 $315-
$1,000,000 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
SIB-2
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 N,
day ofA.D. , 19 - 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 adopt-
ed by the qualified voters within said City on the 11th day of Decem-
ber, 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, and the City of Fort Worth being hereafter termed Owner,
and
M & L CONSTRUCTION CO., INC.
hereinafter called Contractor.
WITNESSETH: That said parties have agreed as follows:
1.
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 performance and payment bonds deli-
vered herewith, the said Contractor as an independent contractor
agrees with the said Owner to commence and complete the construction
of certain improvements described as follows: Elephant/Hippo Exhibit
Fort Worth, Texas. Base Bid of Nine Hundred Forty-Vignt i'housanu Dollars
($948,000) and Alternate 3 for the sum of Twenty-Two Thousand Four Hundred
Dollars ($22,4 00) and Alternate 4 for the sum of Twenty-E%ht Thousand Five
Hundred Dolars ($28,500). Total for base bid and Two alternates is Nine
�. Hundred Ninety-Eight Thousand Nine Hundred Dollars ($998,900).
2.
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.
3.
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 Transportation and Public Works Director of
the City of Fort Worth.
Standard Contract Form No. 4
Revised September 12, 1983
C-1
4.
The Contractor hereby agrees to prosecute said work with reason-
able diligence after the commencement thereof and to fully complete
and finish the same ready for the inspection and approval of the
Transportation and Public Works Director of the City of Fort Worth and
the City Council of the City of Fort Worth within a period of
calendar days.
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 sum of $_ 4 2 O. � per calen-
dar day, not as a penalty but as liquidated damages. Should the
amount otherwise due the Contractor be less than the amount of such
ascertained and liquidated damages, the Contractor and his Surety
— shall be liable to the Owner for such deficiency.
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 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 Owner shall exceed the contract price or prices set forth in the
said Plans and Specifications and Contract Documents made a part here-
of, the Contractor shall pay said Owner on demand in writing, setting
forth and specifying an itemized statement of the total cost thereof,
said excess cost.
5.
The Contractor agrees to fully indemnify, save harmless and
- defend the Owner, its officers and employees from and against any and
all costs or damages arising out of any real or asserted claim or
cause of action against it or them of whatsoever kind or character and
in addition from and against any and all costs or damages arising out
of any wrongs, injuries, demands or suits for damages, either real or
asserted, claimed against it or them that may be occasioned by any
act, omission, neglect or misconduct of the said Contractor , his
agents, servants, employees. And the said Contractor further agrees
to comply with all applicable provisions of the laws and building and
construction codes of the City of Fort Worth, and the State of Texas,
and with any regulations for the protection of workers which may be
promulgated by the Government, and shall protect such work with all
necessary lights, barriers, safeguards, and warnings as are provided
for in said Specifications and the Ordinance and Regulations of said
City.
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6.
The Contractor agrees, on the execution of this Contract, and
before beginning work, to make, execute and deliver to said City of `
Fort Worth good and sufficient surety bonds for the faithful perform-
ance of the terms and stipulations of, the Contract and for the payment
to all claimants for labor and/or materials furnished in the prosecu-
tion 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 per-
cent 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.
7.
Said City agrees and binds itself to pay, and the said Contractor
agrees to receive, for all of the aforesaid work, and for all addi-
tions thereto or deductions therefrom, the price shown on the proposal
submitted by the successful bidder hereto attached and made a part
hereof. Payments will be made in monthly installments upon actual work
completed by contractor and accepted by the Owner and receipt of
invoice from Contractor. The agreed upon total contract amount
(includin -- ' d4- alternates 3 & 4 shall, be Nine Hundred
Ninety-Eight Thousand Nine Hundred Dollars, $998,900).
8.
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 Transporta-
tion and Public Works Director of said City of Fort Worth.
9.
The Contractor agrees to pay at least the minimum wage per hour
for all labor as the same is classified, promulgated 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.
10.
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.
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IN WITNESS WHEREOF, the City of Fort Worth has caused this
instrument to be signed in triplicate in its name and on its behalf by
'- the City Manager and attested by its Secretary, with the corporate
Done in Fo t Worth, Texas, this the �.nw; day of ,
A.D. , 19 .
APPROVED: CITY OF FORT WORTH
9,�' ,,
p( '-� BY:
= PORTATIM AND PUBLIC TY MANAGER
WOR DIRECTOR
ATTEST:
lI
CONTRACTOR
ITY SECRE RY
TITLE
APPROVED AS TO FORM AND
�6 LEGALITY:
DRESS
APPROVED BY CITY COUNCIL CITY ATTORNE
sM+�
City SGOROMWE
z .
� .Y
C-4
,�_ �
IN GO V• INTEGON INDEMNITY CORPORATION
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959
(McGregory Act -- Public Works)
(Penalty of this bond must be 100% of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, M and L Construction Co. , Inc. P.O. BOx 368 Burleson,TX 76028
hereinafter called the Principal), as Principal and INTEGON INDEMNITY CORPORATION, a corporation organized and existing under the
laws of the State of NORTH CAROLINA,with is principal office in the city of WINSTON-SALEM (hereinafter called the Surety)as Surety,
are held and firmly bound unto City of Fort Worth 1000 Throckmorton Street
Ft. Worth, TX 76102
(hereinafter called the Obligee),in the amount of NINE HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED-
WSNOIlars($ 998,900-00 1, for the payment whereof, the said Principal and Surety bind themselves and their heirs, ad-
,ninistrators, executors, 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 day
of 19, to construct Elephant/Hippo Exhibit
Building, Ft. Worth, Texas
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal faithfully perform the work in accordance
with the plans, specifications and contract documents, then this obligation shat be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to,the provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acis of the 56th Legislature, 1959,and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
day of 119-
Witness:
-
Witness: (Seel)
(Seal)
(If Individual or Firm)
-„Attest: (Seal)
(Seeo
4
_ (If Corporatio _ _ Principal
-'Arty suit:-under this bond tm:-st b!t - _ '
irrstitutewd before--the expirAtion, of _ Su �"
two (2) years and _ten (10) days from_-- _ By (Seal)
the date on which final payment under Attorney-in-Fact
`the contract:-"falls due.
PERFORMANCE BOND
(Required if contract amount exceeds $25,000)
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS: That we (1) ,
a (2) of ,
hereinafter called Prinicipal, and (3) ,
a corporation organized and existing under -the laws of the State and fully
authorized to transact business in the State of Texas, as Surety, are held
and firmly bound unto the City of Fort Worth, a municipal corporation
organized and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of:
z ($ ) Dollars in lawful money of the United States, to be
paid in Fort Worth, Tarrant County, Texas, for the payment of which sun
well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with the City of Fort Worth, the Owner,
dated the day of , A.D. 19 , a copy of which is
hereto attached and made a part hereof, for:
designated as Project Number , a copy of which contract is
hereto attached, referred to, and made a part hereof as fully and to the
same extent as if copies at length herein, such project being hereinafter
referred to as the "work."
C-5
NOW THEREFORE, if the Principal shall well, truly and faithfully
perform the work in accordance with the plans, specifications, and contract
documents during the original term thereof, and any extensions thereof
which may be granted by the Owner, with or without notice to the Surety,
and if he shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the Owner
may incur in making good any default, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the 'contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise
affect its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the
contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument is executed in six counterparts
each one of which shall be deemed an original, this the day of
A.D. , 19
PRINCIPAL ( )
ATTEST:
BY:
(Principal) Secretary
(Address)
(S EAL)
-° (Address)
Surety
a ATTEST: BY:
(Attorney-in-fact) (5)
(Surety) Secretary
C-6
(S E A L) (1) Correct name of Contractor.
(2) A Corporation, a Partnership or
an Individual, as case may be.
(3) Correct name of Surety.
(4) If Contractor is Partnership all
Partners should execute bond.
(5) A true copy of Power of Attorney
shall be attached to bond by
Attorney-in-Fact.
C-7
0 INTEGON' INTEGON INDEMNITY CORPORATION
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959
(McGregory Act — Public Works)
(Penalty of this bond must be 100% of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That M and L Construction Co. , Inc. P. O. Box 368 Burleson,TX 76028
hereinafter called the Principal), as Principal and INTEGON INDEMNITY CORPORATION, a corporation organized and existing under the
laws of the State of NORTH CAROLINA, with is principal office in the city of WINSTON-SALEM (hereinafter called the Surety)as Surety,
are held and firmly bound unto City of Fort Worth 1000 Throckmorton Street
Ft. Worth, TX 76102
(hereinafter called the Obligee), in the amount of NINE HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED
-'Olars ($ 998,900.00 ), for the payment whereof, the said Principal and Surety bind themselves and their heirs, ad-
..nistrators, executors, 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 day
of 19 ,to construct Elephant/Hippo Exhibit Building
Ft. Worth, Texas
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supply labor and
material to him or a subcontractor in the prosecution of the work provided for in said contract,then,this obligation shall be void;otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, 1959,and all liabilities on this bond to all such claimants shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
day of ' 19
Witness: (Seal)
(Seal)
(If Individual or Firm)
Attest: (Seal)
(Seal)
(If Corporation) Principal
Su
B y (Seal)
Attorney-In-Fact
PAYMENT BOND
(Required if contract amount exceeds $25,000.00)
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS: That we (1)
a (2) of
hereinafter called Principal, and (3)
a corporation organized and existing under the laws
_. of the State and fully authorized to transact business in the State of
Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a
municipal corporation organized and existing under the laws of the State of
Texas, hereinafter called Owner, and unto all persons, firms, and
corporations who may furnish materials for, or perform labor upon, the
building or improvements hereinafter referred to in the penal sum of:
($ ) Dollars in lawful money of the United States, to be
paid in Fort Worth, Tarrant County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors,
administrators and successors jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with the City of Fort Worth, the Owner,
dated the day of A.D., 19 a copy of which
is hereto attached and made a part hereof, for:
designated as Project Number , a copy of which contract is
hereto attached, referred to, and made a part hereof as fully and to the
same extent as if copies at length herein, such project being hereinafter
referred to as the "work."
C-8
NOW, THEREFORE, the condition of this obligation is such that, if the
Principal shall promptly make payment to all claimants as defined in
Article 5160 of the Revised Civil Statutes of Texas, supplying labor and
materials in the prosecution of the work provided for in said Contract,
then this obligation shall be null and void, otherwise it shall remain in
full force and effect.
THIS BOND IS MADE AND ENTERED into solely for the protection of all
claimants supplying labor and material in the prosecution of the work
provided for in said Contract, as claimants are defined in said Article
5160, and all such claimants shall have a direct right of action under the
bond as provided in Article 5160 of the Revised Civil Statutes.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Tarrant County, State of Texas, and that the said
Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition. to the terms of the contract or
to the work to be performed thereunder or the specifications accompanying
the same shall in any wise affect its obligations on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or to the
specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts
each one of which shall be deemed an original, this the day of
A.D., 19
PRINCIPAL (4)
ATTEST:
BY:
(Principal) Secretary
(S E A 'L)
(Address)
Witness as to Principal
C-9
ATTEST:
(Surety) Secretary Surety
By
Attorney-in-Fact (5)
�. (S E A`L)
(Address)
(1) Correct name of Contractor.
Witness as to Surety (2) A Corporation, a Partnership or
an Individual, as case may be.
(3) Correct name of Surety.
(Address) (4) If Contractor is Partnership all
Partners should execute bond.
(5) A true copy of Power of Attorney
shall be attached to bond by
Attorney-in-Fact.
C-10
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE
POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
This is to Certify that
LIBERTY
M & L CONSTRUCTION COMPANY, INC. Name and MUTUAL
P. 0. BOX 368 address of
LN1111 YNWI IgUNYC[COIrMr,•ll&i11 WIULL FIRE IRWNIC[COIY'Ixl•r0ip1
BURLESION, TX 76028 Insured.
L J
is,at the date of this certificate, insured by the Company under the policy(ies) fisted below.The insurance afforded by the listed policy(ies)
is subject to all their terms, exclusions and conditions and is not altered by any requirement,term or condition of any contract or other
document with respect to which this certificate may be issued.
TYPE OF POLICY EXPIRATION DATE POLICY NUMBER LIMITS OF LIABILITY
COVERAGE AFFORDED UNDER W.C. LAW OF LIMIT OF LIABILITY-COV B
FOLLOWING STATES (Indicate Limit for each state)
WORKERS' 6/1/84 WC2-591-043350-013 TX $100,000
COMPENSATION
AN..
MARITIME COVERAGE-FOLLOWING STATES LIMIT OF LIABILITY MARITIME COVERAGE
®COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE
FORM EACH EACH
SCHEDULE FORM 6/1/84 KF2-591-043350-041 $ 500,000 OCCURRENCE $ 250,000 OCCURRENCE
Q F}— ®PLETEDCTS OPERA�TIONS $ 500,000 AGGREGATE $ 250,000 AGGREGATE
W J
ED co INDEPENDENT CON- COMBINED SINGLE LIMIT
O J TRACTORS/CONTRAC- BODILY INJURY AND PROPERTY DAMAGE
TORS PROTECTIVE
$ EACH OCCURRENCE
❑CONTRACTUAL
LIABILITY $ AGGREGATE
FORM GGL
O [JOWNED $ EACH ACCIDENT-SINGLE LIMIT-8.1. AND P.D.COMBINED
j m [RNON-OWNED 6/1/84 AE2-591-043350053 $ 300,000 EACH PERSON
Q HIRED $ 500,000 ORCOCCURI EDENT NCE $ 300 000 ORCO CURIRENCE
(.MFELLA EX 6/1/84 LE2-591-043350-023 LIMPS OF LIABILITY- $1,000,000
LU
I—
O
LOCATION(S) OF OPERATIONS 8 JOB # (If Applicable) DESCRIPTION OF OPERATIONS:
ELEPHANTHIPPO EXHIBIT FOREST PARK ZOO
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF
DAYS IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY
WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES
UNTIL AT LEAST X_DAYS NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN
MAILED TO:
CITY OF FORT WORTH
MUNICIPAL BLDG. CO QaAe6:—_
1000 THROCIMRTON AUTHORIZED REPRESENTATIVE
FLIRT WORTH, TX 76101 1/31/84 NR FORT WORTH
L ATTN: ROBERT L. HERCHEPT 1 DATE ISSUED OFFICE
This certificate Is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such Insurance as Is afforded by That Company,If Is executed by LIBERTY MUTUAL FIRE INSURANCE
COMPANY as respects such insurance as is afforded by That Company. BS 234 R12
CERTIFICATE OF PROPERTY INSURANCE
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES
NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
LIBERTY
This is to Certify that MUTUAL
M & L CONSTRUCTION COMPANY, INC. �On WYW iX@u@ru LO...Y Ib[@lY Y010M!i@F w.M t[0.«t @U fM
P. O. BOX 368 Name and
BURLESON, TX 76028 address of
Insured
is, at the date of this certificate, insured by the Company at the locations specified under the policy(ies) listed below. The insurance afforded by the listed
policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document
with respect to which this certificate may be used.
DESCRIPTION OF THE INSURANCE FOR WHICH THIS CERTIFICATE IS ISSUED
Policy Number: MS2-591-043350-061 Expiration Date of Policy: 6/1/84
Type of Policy: ❑ Standard Fire ❑ Special Multi Peril ❑ Business owners ® BUILDERS RISK
ured location(s)
specific subject IIHANrr/HIPPO EXHIBIT FOREST PARK Z00
of coverage
Perils ❑ Fire&Extended Coverage ❑ Vandalism& Malicious Mischief
Insured
Against CXAII Risks-subject to specific policy form exclusions
COINS/ INSURED
DESCRIPTION OF INSURED PROPERTY CONTRIB. AMOUNT
io
�l Building(s)
800 $1,500,000
❑ Personal Property of the Insured
❑ Personal Property of Others
Mortgagee(s)
or Loss Payee(s)
and Address:
NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS
IS ENTERED BELOM. BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL
NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES
UNTIL AT LEAST XX DAYS NOTICE OF SUCH CANCELLATION OR REDUCTION HAS
BEEN MAILED TO:
CITY OF FORT WORTH
A'ft]NICIPAL BLDG.
1000 TFIJRTON THORIZED REPRESENTATIVE
FORT WORTH, TX 76101 1/31/84 NR FORT WORTH
L ATTN: ROBERT L. HERCHEFT DATEISSUED OFFICE
This certificate is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as is afforded by That Company,it Is executed by LIBERTY
MUTUAL FIRE INSURANCE COMPANY as respects such insurance as is afforded by That Company. BS-324R6
Obligee: CITY OF FORT WORTH, TEXAS Type Bond: PERFORMANCE
Principal: M & L CONSTRUCTION CO. , INC. Amount: $998,900.00 Date
INTEGON INDEMNITY CORPORATION
Winston-Salem, North Carolina 4102352
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INTEGON INDEMNITY CORPORATION, a Corporation in
the State of North Carolina, having its principal office in Winston-Salem, State of
North Carolina, pursuant to the following resolution, adopted by the Board of Directors
of the said Company on the 10th day of August, 1979 to wit:
"The President, or any Vice President, shall have authority, severally, to
make, execute and deliver a power of attorney constituting as Attorney-in-
Fact such persons, firms or corporations as such officers may select from
time to time," does hereby make, constitute and appoint:
STEVE DEAL
its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred
in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf ,
and as its act and deed as follows:
Specifically and only on bonds executed having Guarantee indemnification of the SMALL BUSINESS ADMINISTRATION in anamount
not exceeding$ 1,000,000. as to any one proiect,for or on behalf of this Company•in its business and in accordance with its charter,
and to bind INTEGON INDEMNITY CORPORATION thereby, and all of the acts of said Attorney-in-Fact, pursuant to these presents, are
hereby ratified and confirmed.
IN WITNESS WHEREOF, the INTEGON INDEMNITY CORPORATION has caused these presents to be
sigpAd• by its President and/or Vice President, and its Corporate Seal to be affixed.
w- ! INTEGON INDEMNITY CORPORATION
ice Pr dent
STATE OF- NORTH CAROLINA
COUNTY OF FORSYTH
On thi c ')'A-a •ins. „c �_L________ • ��•
CERTIFICATE OF INSURANCE
TO: Date
CITY OF FORT WORTH Project No.
TEXAS
Type of
Project
THIS IS TO CERTIFY THAT
(Name and Address of Assured)
is, at the date of this certificate, insured by this Company with respect
to the business operations hereinafter described, for the type of insurance
and in accordance with the provisions of the standard policies used by this
Company, and further hereinafter described. Exceptions to standard policy
noted on reverse side hereof.
TYPE OF INSURANCE
m Policy No. Effective Expires Limits of Liability
Workers'
Compensation
Public 1 Person $
Liability 1 Accident$
Contingent 1 Person $
Liability 1 Accident$
Property
Damage
.� Builder's Risk
Automobile
Other
The foregoing Policies (do) (do not) cover all sub-contractors.
Locations Covered:
Descriptions of Operations Covered:
C-11
The above policies, either in the body thereof or by appropriate
endorsement, provide that they may not be changed or cancelled by the
insurer in less than five days after the insured has received written
notice of such change or cancellation.
When applicable local laws or regulations require more than five days'
actual notice of change or cancellation to the assured, the above policies
contain such special requirements, either in the body thereof or by
appropriate endorsement thereto attached.
(Name of Insurer)
_. By
Title
C-12
EXPERIENCE RECORD
List of Projects your Organizaton has successfully completed:
NAME AND ADDRESS
AMT. OF CONTRACT AWARD TYPE OF WORK DATE ACCEPTED OF OWNER
List of Projects your Organization is now engaged in completing:
EXPECTED DATE NAME AND ADDRESS
AMT. -OF CONTRACT AWARD TYPE OF WORK OF COMPLETION OF OWNER
C-13
List Surety Bonds in Force on above incomplete work:
DATE OF TYPE OF WORK NAME AND ADDRESS
CONTRACT AWARD BOND AMT. OF BOND OF SURETY
C-14
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
_ 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 being limit-
ed to, the Contract, Notice to Bidders, Proposal, General Condi-
tions, Special Conditions, Specifications, Plans, Bonds and all
Addenda, Amendments signed by all Parties, Change Orders, written
Interpretations issued by the Owner pursuant to Paragraph A-2 and
any written Order for a minor change in the Work issued pursuant
to Paragraph K-3 hereof.
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 Docu-
ments. 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 Order for a minor
change issued by the Owner, as set out in Section K hereto.
A-3 Work. By the term Work is meant all labor, supervision, materi-
als and equipment necessary to be used or incorporated in order
to produce the construction required by the Contract Documents.
_ A-4 Execution of the Contract Documents. The Contract Documents
shall be executed in triplicate original by the Contractor and
the Owner in such form as may be prescribed by law.
A-5 Familiarity With Proposed Work. Before filing a bid, the bidder
shall examine carefully the proposal, plans, specifications, spe-
cial 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 which 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 con-
ditions actually encountered in construction and as indicated by
the plans will not be allowed.
GC-1
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 which 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 Owner 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 insistance of the Transportation and Public Works Director or at
the request of the Contractor, 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 involving the interpretation of the
Contract Documents, the evaluation of work or materials performed or
furnished by the Contractor, or any subcontractor or materialman, or
involving any question of fault or liability of any party, the
decision of the Owner shall be final and binding.
SECTION B
OWNER
B-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 Assistant Director of y
Transportation and Public Works and members of the Architectural
Services Division. Generally speaking a designated representative will
be identified from within the Architectural Service Division to act as
a point of contact from day to day of contract administration.
B-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 liabilty 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.
GC-2
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.
Shop Drawings. The Owner will review Shop Drawings and Samples
as provided in Section C.
Change Orders. Change Orders and Orders for Minor Changes in the
Work will be issued by the Owner in accordance with the
provisions of Section K.
The Owner's designated representative will receive on behalf of
the Owner all written Guarantees and related documents required
of the Contractor.
The Owner's designated representative will conduct inspections
on behalf of the Owner for the purpose of determining and making
recommendations concerning the dates of substantial completion
and final completion.
The Owner shall issue all instructions to the Contractor through
a designated representative.
The Owner's designated representative will provide general
administration of the contract on behalf of the Owner and shall
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.
B-3 Access to Job Site. The Owner shall at all times have access to
the Work wherever it is in preparation and progress. The
Contractor shall provide facilities for such access so the
�.. Owner may perform its functions under the Contract Documents.
- B-4 Interpretations. The Owner will be the interpreter of the
requirements of the Plans and Specifications and the judge of the
performance thereunder by the Contractor.
The Owner's decisions in natters relating to artistic effect will
be final if consistent with the intent of the Contract Documents.
B-5 Authority to Stop Work. The Owner will have authority to reject
work which 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, it 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 as provided in Paragraph F-8 whether or not such Work be
then fabricated, installed or completed.
GC-3
SECTION C -
CONTRACTOR
C-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.
C-2 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 any error, inconsistency or omission he may discover. The -
Contractor shall do no work without Drawings, Specifications or
Interpretations.
C-3 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, techniques, sequences and
procedures and for coordinating all portions of the Work under the
Contract Documents. R
C-4 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 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.
C-5 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.
C-6 Warranty. The Contractor warrants to the Owner 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 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.
C-7 Taxes. The Contractor will pay all Sales, Consumer, Use and other a
similar Taxes required by law.
GC-4
C-8 Licenses, Notices and Fees. The Contractor shall obtain all Per-
mits, Licenses, Certificates, Inspections and other Fees whether
permanent or temporary; required by law or these Contract Docu-
ments. No permit fees shall be required for this work.
The Contractor shall give all Noticesand 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 Owner in writing and any necessary change or be made as
provided in Paragraph A-2. 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.
C-9 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 equip-
ment delivered and unloaded at the site, and all applicable tax-
es. The Contractor's handling costs on the site, labor, install-
ation costs, overhead, profit and other expenses contemplated for
the original allowance shall be included in the Contract 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, overhead,
m profit and other expenses resulting to the Contractor from any
increase over the original allowance.
C-10 Superintendent. The Contractor shall employ a competent superin-
tendent and necessary assistants who shall be in attendance at
the Project site during the progress of the Work. The superin-
tendent shall be satisfactory to the Owner and shall not be
changed except with their consent, unless the superintendent
proves to be unsatisfactory to the Contractor and ceases to be in
his employ. The superintendent shall represent the Contractor
and all communications given to the superintendent shall be as
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.
C-11 Responsibility 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.
GC-5
C-12 Progress Schedule. The Contractor, immediately after being
awarded the contract, shall prepare and submit for the Owner's
approval, an estimated progress schedule for the Work. The
progress schedule shall be related to the entire Project to the
extent required by the Contract Documents. This schedule shall
indicate the dates for the starting and completion_ of the various
stages of construction and shall be revised as required by the
conditions of the Work, subject to the Owner's approval.
C-13 Drawings and Specifications at the Site. The Contractor shall --
maintain at the site for the Owner one copy of all Drawings, Spe-
cifications, Addenda, approved Shop Drawings, Change Orders, and
their Changes and Amendments in good order and marked to record _
all changes made during construction. These shall be available
to the Owner. The Drawings, marked to record all changes made
during construction, shall be delivered to the Owner upon
completion of the Work. -
C-14 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, all
Shop Drawings and Samples required by the Contract Documents or
subsequently by the Owner as covered by changes or amendments.
Shop Drawings and Samples shall be properly identified as
specified, or as the may require. At the time of submission the
Contractor shall inform the Owner in writing of any deviation in
the Shop Drawing.s or Samples from the requirements of the -
Contract Documents.
By approving and submitting Shop Drawings and Samples, the Con-
tractor thereby represents that he has determined and verified
all field measurements, field construction criteria, materials,
catalog numbers and similar data, or will do so, and that he has
checked and coordinated each Shop Drawing and Sample with the
requirements of the Work and of the Contract Documents.
The Owner 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 Owner's
approval of a separate item shall not indicate approval of an
assembly in which the item functions.
GC-6
The Contractor shall make any corrections required by the Owner
and shall resubmit the required number of corrected copies of
r 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
Owner on previous submissions.
The Owner'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 Owner in writing of such deviation at the time
of submission and the Owner has given written approval to the
specific deviation as authorized in Paragraph A-2, nor shall the
Owner's approval 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 submis-
sion shall be commenced until the submission has been approved by
the Owner. All such portions of the Work shall be in accordance
with approved Shop Drawings and Samples.
C-15 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 ele-
ments or from any other cause whatsoever. The Contractor shall
rebuild, repair, restore and make good at his own expense all
injuries or damages to any portions of the Work occasioned by any
of the above, caused before its completion and acceptance.
�- C-16 Cutting and Patching of Work. The Contractor shall do all cut-
ting, fitting or patching of his Work that may be 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.
C-17 Cleaning 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 as otherwise specified. In addition to
removal of rubbish and leaving the buildings "broom-clean", Con-
tractor shall clean all glass, replace any broken glass, remove
stains, spots, marks and dirt from decorated work, clean hard-
ware, remove paint spots and smears from all surfaces, clean fix-
tures and wash all concrete, tile and terrazzo floors.
GC-7
If the Contractor fails to clean up, the Owner may do so and the
cost thereof shall be charged to the Contractor as provided in
Paragraph F-6.
C-18 Communications. As a general rule, the Contractor shall forward
all communications to the Owner through the Owner's Designated
Representative.
C-19 Indemnification. The Contractor assumes all responsibility for
damages sustained by persons or property due to the carrying on
of the Work. The Contractor shall and does hereby covenant and
agree to fully indemnify, save harmless and defend Owner, its
officers, agents and employees from an against all costs or dama-
ges arising out of any real or asserted claim or cause of action
against Owner, its officers, agents and employees of whatsoever
kind or character, and in addition, from and against any and all
costs or damages arising out of any wrongs, injuries, demands or Y
suits for damages, whether real or asserted, claimed against
Owner, its officers, agents and employees that may be occasioned
by any act, omission, neglect or misconduct on the part of the -p
said Contractor, his agents, subcontractors, servants or employ-
ees.
In any and all claims against the Owner or any of its agents or
•employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable, the Indemnification -
obligation under this Section shall not be limited in any way by
any limitation on the amount or type of damages, compensation or
benefits payable by or for the Contractor or any subcontractor
under workmen's compensation acts, disability benefits or other
employee benefit acts.
SECTION. D
SUBCONTRACTORS
D-1 Definition. A Subcontractor is a person or organization who 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 representa-
tive. Y
Nothing contained in the Contract Documents shall create any con-
tractual relation between the Owner and any Sub-contractor or any
of his Sub-subcontractors or materialmen. -
D-2 Award of Subcontracts. As soon as practicable after bids are
received and prior to the award of the Contract, the successful
bidder shall furnish to the Owner in writing for acceptance by
the Owner a list of the names of the subcontractors or other
GC-8
persons or organizations (including those who are to furnish materials
or equipment fabricated to a special design) proposed for such por-
tions of the Work as may be designated in the bidding requirements, or
if none is so designated, the names of the Subcontractors proposed for
the principal portion of the Work. Prior to the award of the Con-
tract, the Owner shall notify the successful bidder in writing if the
Owner, after ,due investigation, has reasonable objection to any person
or organization on such list. Failure of the Owner to make an objec-
tion to any person or organization on the list prior to the award of
this Contract shall constitute acceptance of such per-son or organi-
zation.
If, prior to the award of the Contract, the Owner has an objection 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 with an increase in his bid
price to cover the difference in cost occasioned by such substitution,
the Owner, may at its discretion, accept the increased bid price or he
may disqualify the bid. If, after the award, the Owner objects in
writing to any person or organization on such list, the Contractor
shall submit an acceptable substitute and the Contract Sum shall be
increased or decreased by the difference in cost occasioned by such
substitution and an appropriate Change Order shall be• issued; however,
no increase in the Contract Sum shall be allowed for any such substi-
tution unless the Contractor has acted promptly and responsively in
submitting a name with respect thereto prior to the award.
The Contractor shall not contract with any Subcontractor or any person
or organization proposed for portions of the Work designated in the
bidding requirements or, if none is so designated, with any Subcon-
tractor proposed for the principal portions of the Work, who has not
been accepted by the Owner . The Contractor will not be required to
contract with any subcontractor Ior person or organization against whom
he has a reasonable objection.
The successful low bidder will use its reasonable best efforts to hire
local laborers, workmen and materialmen. This general condition is not
to be construed as limiting the right of any bidder to employ labor-
ers, workmen or materialmen from outside the immediate local area.
The Contractor shall not make any substitution for any Subcontractor
or person or organization who has been accepted by the Owner , unless
the substitution is also acceptable to the Owner .
D-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:
(a) preserve and protect the rights of the Owner under the Con-
tract with respect to the Work to be performed under the
subcontract so that the subcontracting thereof will not
prejudice such rights;
GC-9
(b) require that such Work be performed in accordance with
the requirements of the Contract Documents;
(c) require submission to the Contractor of applications
for payment under each subcontract to which the Con-
tractor is a party, in reasonable time to enable the
Contractor to apply for payment in accordance with Sec-
tion H;
(d) require that all claims for additional costs, exten-
sions 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 pro-
vided in the Contract Documents for like claims by the
Contractor upon the Owner;
(e) waive all rights the contracting parties may have
against one another for damages caused by fire or other
perils covered by the property insurance described in
Section J, except such rights, if any, as they may have
to proceeds of such insurance held by the Owner under
Section J; and,
(f) obligate each Subcontractor specifically to consent to
the provisions of this Section D.
All of the provision's set out in this paragraph shall be deemed
to have been included in every sub-contract, and every subcon-
tract shall be so construed and applied as to the Owner, whether
or not such provisions are physically included in the
sub-contract.
D-4 Payments to Subcontractors. The Contractor shall pay each Sub-
contractor, 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 under Section J, and
he shall require each Subcontractor to make similar payments to
his Subcontractors.
GC-10
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.
The Owner shall not have any obligation to pay or to see to the
payment of any monies to any Subcontractor.
SECTION E
SEPARATE CONTRACTS
E-1 Owner's Right. The Owner reserves the right to award separate
contracts in connection with other portions of the Work. When
separate contracts 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.
E-2 Mutual Responsibility of Contractors. The Contractor shall
afford other contractors reasonable opportunity for the introduc-
tion and storage of their materials and equipment and the execu-
tion 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 so 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 Own-
er shall notify the Contractor who shall defend against such suit
at the Contractor's expense, and if any judgment against the Own-
er 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 connec-
tion with such suit.
GC-11
E-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 receivd by the work of other
contractors shown in the Contract Documents. The Contractor
shall not endanger any work of 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 Owner.
Any costs caused by defective or ill-timed work shall be borne by
the party responsible therefor.
E-4 Owner's Right to Clean Up. If a dispute arises between the sepa-
rate contractors as to their responsibility for cleaning up as
required by Paragraph C-1, the Owner may clean up and charge the
cost thereof to the several contractors as the Owner shall
determine to be just.
SECTION F .
MISCELLANEOUS PROVISIONS
F-1 Conflict of Laws. The Contract shall be governed by the law of
the place where the site is located. The Contractor must fami-
liarize 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.
F-2 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 per- _
formance hereunder, except for gross negligence or willful wrong.
F-3 Successors and Assigns. Except as provided in Paragraph D-2,
this contract shall be binding upon and inure 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 with-
out the prior consent of Owner shall be void.
GC-12
F-4 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 intend-
ed, or if delivered at or sent by registered or certified mail to
the last business address known to- him who gives the notice.
F-5 Performance Bond and Labor and Material Payment Bond. The Con-
tract shall, on the execution of the Contract, and before begin-
ning work, make, execute, and deliver to the Owner and pay the
premium for statutory surety bonds in a sum equal to one hundred
per cent of the total contract price. In this connection, the
Contractor shall furnish a Performance Bond as well as a Payment
Bond both in a sum equal to the total contract price. The form
of the bond shall be as provided in the Contract Documents and
the surety shall be a reputable company acceptable to the Owner.
F-6 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 pay-
ments then or thereafter due the Contractor the cost of correct-
ing such deficiencies. 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.
F-7 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 harm-
less 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.
F-8 Tests. If the Contract Documents, Laws, Ordinances, Rules, Regu-
lations or Orders of any public authority having jurisdiction
require any Work to be inspected, tested or approved, the Con-
tractor shall give the Owner timely notice of its readiness and
of the date arranged so the Owner may observe such inspection,
testing or approval. The Contractor shall bear all costs of such
inspections, tests and approvals unless otherwise provided.
If after the commencement of the Work, the Owner determines that
any Work requires special inspection, testing or approval not
included above, 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
GC-13
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; otherwise the Owner shall bear such costs, and
an appropriate Change Order shall be issued.
Required certificates of inspection, testing or approval shall be
secured by the Contractor and promptly delivered by him to the
Owner. -
If the Owner wishes to observe the inspections, tests or
approvals required by this Section, he will do so promptly and, a
where practicable, at the source of supply.
Neither the observations of the Owner in his 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.
SECTION G
CONTRACT TIME
H-1 Definitions. The Contract Time is the period of time allotted in
the Contract Documents for completion of the Work.
The date of commencement of the Work is the date established in a
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 estab-
lished therein.
The Date of Substantial Completion of the Work or designated por-
tion thereof is the Date certified by the 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 City Council of the City of Fort Worth, and
no other form of acceptance will be binding upon the Owner.
A calendar day constitutes twenty-four (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 con-
ditions or any situation which might delay construction. An
extension of contract time shall be in accordance with this Sec-
tion. Extensions of time will require approval by City of Fort
Worth.
A working day is defined as a calendar day, not including Satur-
days, Sundays, and legal holidays, in which weather or other con-
ditions .not under the control of the Contractor permit the per-
formance of work for a continuous period of not less than seven
GC-14
(7) 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. Should
the Contractor choose to work on Saturdays, one day will be
charged as contract working time when weather or other conditions
permit seven (7) hours of work as delineated above. Legal holi-
days are defined as being New Year's Day, Independence Day, Labor
Day, Thanksgiving Day, Christmas Day, Memorial Day, and Veteran's
Day.
G-2 Progress and Completion. All the time limits stated in the Con-
tract Documents are of the essence of 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.
G-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 by any employee of the Owner, or by any separate con-
tractor 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 con-
trol, or by any cause which the Owner determines may justify the
delay, then the Contract Time may be extended by Change Order for
such reasonable time and approved by the Owner.
All claims for extension of time shall be made in writing to the
Owner 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 as set forth in Paragraph A-8 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 rea-
sonable.
SECTION H
PAYMENTS AND COMPLETION
H-1 Contract Sum. The Contract Sum is stated in the proposal as
accepted and is the total amount payable by the Owner to the Con-
tractor for the performance of the Work under the Contract Docu-
ments.
H-2 Schedule of Values. Before the first Application for Payment,
the Contractor shall submit to the Owner a Schedule of Values of
the various portions of the Work, including quantities if
required by the Owner, aggregating the total Contract Sum,
divided so as to facilitate payments to Sub-contractors in
accordance with Paragraph D-4, prepared in such form as specified
GC-15
or as the Owner and the Contractor may agree upon, and supported
by such data to substantiate its correctness as the Owner may
require. Each item in the Schedule of Values shall include its -
proper share of overhead and profit. This Schedule, when
approved by the Owner, shall be used as a basis for the
Contractor's Applications .for Payment.
H-3 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 under the supervision of the Owner,
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 Breakdown 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 at some other location agreed upon in writing, 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 equip-
ment or otherwise protect the Owner's interest including appli-
cable 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 encum-
brances 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 person per-
forming the Work at the site or furnishing materials and equip-
ment for the Work, subject to an agreement under which an inter-
est therein or an encumbrance thereon is retained by the seller
or otherwise imposed by the Contractor or such other person.
H-4 Certificates for Payment. If the Contractor has made Application
for Payment as above, the Owner's Designated Representative 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 determine to be
properly due, or state in writing reasons for withholding a
Certificate as provided in Paragraph I-5.
The issuance of a Certificate for Payment will constitute a
representation by the Owner's Designated Representative, based on -
observations at the site as provided in Paragraph B-4 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 `h
GC-16
Documents correctable prior to completion, and to any specific
qualifications stated in the Certificate); and recommendations
that the Contractor be paid in the amount certified. In
addition, the Certificate of Payment will constitute a further
representation that the conditions precedent to the Contractor's
being entitled to final payment as set forth in this Section have
been fulfilled.
After the Certificate for Payment has been prepared, the Owner
shall process same within seventeen (17) days. The Owner shall
pay 90% of the approved estimate to the Contractor and the
remaining 10% of each such 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.
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 accord-
ance 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 which shall appear within a period of
one year f rom the date of final acceptance of the Work unless a
longer period is specified. Final acceptance can be made only by
the City Council of the City of Fort Worth, and no other form of
acceptance will be binding upon the Owner.
H-5 Payments Withheld. The Owner's Designated Representative may
decline to approve an Application for Payment and may withhold
t his Certificate in whole or in part if in his opinion he is
unable to make the representations as provided in this Section.
The Owner's Designated Representative 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:
a) defective work not remedied;
b) claims filed or reasonable evidence indicating probable
filing of claims;
c) failure of the Contractor to make payments properly to
Subcontractors, or for labor, materials or equipment;
d) reasonable doubt that the Work can be completed for the
unpaid balance of the Contract Sum;
e) damage to another contractor;
f) reasonable indication that the Work will not be com-
pleted within the Contract Time; or
GC-17
g) unsatisfactory prosecution of the Work by the Contrac-
tor.
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 esti-
mate, without payment of interest, if the Contractor fails to
perform the Work in accordance with the specifications or
instructions of the Owner's designated representative.
H-6 Failure of Payment. If, without fault on the part of the Con-
tractor, the Owner should fail to pay to the Contractor 90% of
the amount thereof within the period of time specified in
Paragraph :1-4, then the Contractor may, upon seven (7) days
additional written notice to the Owner stop the Work until
payment of the amount owing has been received.
H-7 Substantial Completion and Final Payment. When the Contractor
determines that the Work or a designated portion thereof accept-
able to the Owner is substantially complete, the Contractor shall �.
prepare for submission to the Owner a list of items to be
completed or corrected. The failure to include any items on such
list does not alter the responsibility of the Contractor to -
complete all Work in accordance with the Contract Documents.
.When the Owner, on the basis of inspection, determines that the
Work is substantially complete, a Certificate of Substantial
Completion will be prepared, which when approved by the Owner,
shall establish the Date of Substantial Completion, shall state
the responsibilities of the Owner and the Contractor for
maintenance, heat, utilities, and insurance, and shall fix the
time within which the Contractor shall complete the items listed
therein, said time to be within the Contract Time unless extended
pursuant to Section G.
Upon receipt of written notice that the Work is ready for final
inspection and acceptance and upon receipt of a final Application
for Payment, the Owner will conduct such test and/or inspections
as he deems necessary, and if in his opinion the Work has been
completed in accordance with the Contract Documents, the
Owner will promptly issue a final Certificate for-Payment stating _
that the Work has been completed in accordance with the terms and
conditions of the Contract Documents and that the entire balance
found to be due the Contractor, and noted in said final _
Certificate is due and payable. Final acceptance can be made
only by the City Council of the City of Fort Worth, and no other
form of acceptance will be binding upon the Owner.
Neither the final payment nor the remaining retained percentage
shall become due until the Contractor submits to the Owner: (1)
an Affidavit 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,
GC-18
have been paid or otherwise satisfied, (2) consent of surety, if
any, to final payment and, (3) if required by the Owner, 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. If any Subcontractor,
materialman or laborer refuses to furnish a release or waiver
required by the Owner, 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 in discharging such right, claim or lien,
including all costs and reasonable attorney's fees.
The acceptance of final payment shall constitute a waiver of all
claims by the Contractor except those previously made in writing
and still unsettled.
SECTION I
PROTECTION OF PERSONS AND PROPERTY
I-1 -Safety Precautions and Programs. The Contractor shall be respon-
sible for initiating, maintaining and supervising all safety pre-
cautions and programs in connection with the Work.
I-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:
a) all employees on the Work and all other persons who may
be affected thereby;
b) 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 Con-
tractor or any of his Subcontractors or Sub-subcontrac-
tors; and
' c) other property at the site or adjacent thereto, includ-
ing trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal,
relocation or replacement in the course of construc-
tion.
- 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 ele-
ments or from any other cause whatsoever, whether arising from
the execution or from the non-execution of the Work. The Con-
tractor shall rebuild, repair, restore and make good, at his own
GC-19
expense, all injuries or damages to any portion of the Work occa-
sioned 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 post-
ing danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent
utilities.
When the use or storage of explosives or other hazardous mater-
ials 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 Sub-
contractor, 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 Contractor, but in no event shall the Owner be
liable to the Contractor or anyone claiming through the Contrac-
tor for such damage or loss.
The Contractor shall designate a responsible member of his organ-
ization at the site whose duty shall be the prevention of acci-
dents. This person shall be the Contractor's superintendent
unless otherwise designated in writing by the Contractor to the
Owner.
The Contractor shall not load or permit any part of the Work to
be loaded so as to endanger its safety.
I-3 Emergencies. In any emergency affecting the safety of persons or
property, the Contractor shall act at his discretion 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 Section K of
Changes in the Work.
SECTION J
INSURANCE
J-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 Owner,
nor shall the Contractor allow any Subcontractor to commence Work
on this Subcontract until all similar insurance of the Subcon-
tractor has been so obtained and approved.
GC-20
J-2 Compensation Insurance. The Contractor shall take out and main-
tain during the life of this Contract Workmen's Compensation
Insurance for all of his employees at the site of the Project,
and in case any work is sublet, the Contractor shall require the
Subcontrctors similarly to provide Workmen's Compensation Insur-
ance for all of the latter's employees unless such employees are
covered by the protection afforded by the Contractor. In case
any class of employees engaged in hazardous work under this Con-
tract at the site of the Project is not protected under the Work-
- men's Compensation statute, the Contractor shall provide and
shall cause each Subcontractor to provide adequate and suitable
insurance for the protection of his employees not otherwise pro-
tected.
J-3 Public Liability and Property Damage Insurance. The Contractor
shall take out and maintain during the life of this Contract such
Public Liability and Property Damage Insurance as shall protect
him, the Owner and any Subcontractor performing work covered by
this Contract, from claims for damages for personal injury,
including accidental death, as well as from claims for personal
damages, 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 him-
self or by any Subcontractor or by anyone directly or indirectly
employed by either of them and the amounts of such insurance
shall be not less than the following:
a) V" Comprehensive Automobile Liability (For all Contrac-
tor-owned or non-owned, but hired vehicles):
Bobily Injury:
Each Person $100,000.00
Per Occurrence 300,000.00
Property Damage:
Per Occurrence $300,000.00
b) VllComprehensive General Liability:
y Bodily Injury:
Each Person $100,000.00
Per Occurrence 300,000.00
Property Damage:
Per Occurrence $300,000.00
J-4 .a guilder's Risk Insurance. The Contractor shall take out, pay for
and maintain at all times during the life 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 mis-
chief, in an amount equal to 100% of the Contract Sum.
GC-21
Upon completion of the Work the Contractor shall notify the Owner F
in writing before terminating this insurance.
J Proof of Carriage of Insurance. The Contractor shall furnish the
Owner with a satisfactory proof of carriage of the insurance
required.. Certificates of insurance will be required in dupli-
cate for file with the Owner, such certificates to provide that -
the Owner is entitled to the same notice as that given to the
purchaser of the insurance in case of cancellation or any major
change therein.
SECTION K
CHANGES IN THE WORK
K-1 Change Order. The Owner, without invalidating the Contract, may
order Changes in the Work within the general scope of the Con-
tract 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 Con-
tract Documents.
A Change Order is a written order to the Contractor signed by the -
Contractor and the. Owner, 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.
The cost of credit to the Owner resulting from a Change in the
Work shall be determined in one or more of the following ways:
a) by mutual acceptance of a lump sum properly itemized;
b) by unit prices stated in the Contract Documents or sub- �.
sequently agreed upon; or
c) by cost and a mutually acceptable fixed or percentage
fee.
If none of the methods set forth herein above is agreed upon, the, y
Contractor, provided he receives a Change Order, shall promptly
proceed with the Work invovled. The cost of such work shall then
be determined on the basis of the Contractor's reasonable expend-
itures and savings, including, in the case of an increase in the
Contract Sum, a reasonable allowance for overhead and profit. In
such cases, the Contractor shall keep and present, in such form
as the Owner may 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
Certificate of Payment as approved by the Owner. The amount of
credit to be allowed by the Contractor to the Owner for any
deletion or change which results in a net decrease in cost will
be the amount of the actual net decrease. When both additions --
GC-22
and credits are involved in any one change, the allowance for
overhead and profit shall be figured on the basis of net
increase, if any.
If unit prices are stated in the Contract Documents or subse-
quently agreed upon, and if the quantities originally contemplat-
ed 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 Sec-
tion A, (2) any order by the Owner to stop the Work pursuant to
Section B, where the Contractor was not at fault, or (3) any
written order for a minor change in the Work issued pursuant to
Section K, the Contractor shall make such claim as provided in
�. Section K.
K-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 Owner written notice
thereof within a reasonable time after the occurrence of the
event giving 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 I. 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.
K-3 Minor Changes in the Work. The Owner 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
t order. Such changes shall be binding on the Owner and the
Contractor.
K-4 Field Orders. The Owner may issue written Field Orders which
interpret the Contract Documents in accordance with Section A, or
which order minor changes in the Work in accordance with Section
K without change in Contract Sum or Contract Time. The
Contractor shall carry out such Field Orders promptly.
SECTION L
UNCOVERING AND CORRECTION OF WORK
L-1 Uncovering of Work. If any Work should be covered contrary to
the request of the Owner, it must, if required by the Owner, be
uncovered for observation and replaced, at the Contractor's
expense.
GC-23
If any other work has been covered which the Owner has not speci-
fically requested to observe prior to being covered, 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 Specifica-
tions, the Contractor shall pay such costs unless it be found in
this condition was caused by a separate contractor employed as
provided in Section E, and in that event the Owner shall deter-
mine who is responsible for the payment of such costs.
L-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.
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-conform- -
ing work within a reasonable time fixed by written notice from
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. If such pro-
ceeds of sale do not cover all costs which 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.
GC-24