HomeMy WebLinkAboutContract 26728 CITY SECRETARY
CONTRACT NO.
CONTRACT FOR REPAIRS AND RENOVATIONS IN THE BURNETT PARK
STATE OF TEXAS
COUNTY OF TARRANT
I
Definitions
AGREEMENT: Made as of the 2nd day of April 2001
THE CITY: The City of Fort Worth
Parks and Community Services Department
CONTRACTOR: Downtown Fort Worth Initiatives, Inc.
777 Taylor Street, Suite 100
Fort Worth, TX 76102
THE PROJECT IS: `Burnett Park"A Fort Worth City Park, Bounded by Seventh Street,Lamar
Street, and Tenth Street in the City of Fort Worth,Texas
The City and Contractor agree as set forth below, _
To cause, by contracting with a qualified General Contractor, certain repairs and renovations,as noted
in Exhibit"A", Scope,to be made to the granite surface, irrigation, electrical and plumbing facilities
within"Burnett Park,"Fort Worth,Texas.
II '
ENGAGEMENT OF CONTRACTOR
The City hereby engages the Contractor, and the Contractor hereby agrees,to provide through its
Contract with a general contractor,certain repairs and renovations within"Burnett Park,"Fort Worth,
Texas, as described in Exhibit"A"Scope, and as further described in this contract and all attachments
hereto.
III
CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Exhibit"A", Scope,Exhibit`B",Indemnification,
Exhibit"C", Termination, and Exhibit"D", Clairification of Parties in Interest issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued after
execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and integrated
,;`T Y j��
2
Agreement between the parties hereto and supersedes prior negotiations,representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than
Modifications, appears in Article IX.
IV
THE WORK OF THIS CONTRACT
The Contractor shall cause certain repairs and renovations to "Burnett Park", Fort Worth,Texas,
through contracting for such repairs with a qualified General Contractor. The Contractor shall pay the
General Contractor for all the work done within the scope of its agreement with the general Contractor,
such work is identical to that which is inumerated in the Scope of this Agreement. The Contractor is
entering into an Agreement with the City,which is the true"Owner"of the Project. The Contractor's
sole purpose in this agreement is the administration of this Agreement and facilitating payments to be
made to the General Contractor. The City father understands and acknowledges that the funding for
the Work is being provided by the Burnett Foundation through a grant to the Contractor. Downtown
Fort Worth Initiatives,Inc. is providing the payment for all of the repairs and renovations, as stipulated
in Exhibit"A", Scope, at no cost or financial obligation to the City for said repairs and renovations.
V
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
5.1 The date of commencement is the date from which the Contract Time of Paragraph 5.2 is
measured,and shall be the date of this Agreement, as first written above,unless a different
date is stated below or provision is made for the date to be fixed in a notice to proceed issued
by the City.
5.2 Date of Commencement is the date of this Agreement. The Contractor shall endeavour to
secure from the General Contractor substantial completion of the entire Work not later than
October 2,2001, subject to adjustments of this Contract Time as provided in the Contract
Documents.
VI
CONTRACT SUM
6.1 The City shall receive repairs and renovations within"Burnett Park"valued in the
amount of$814,600, subject to additions and deductions as provided in the Contract
Documents. The City shall not be financially obligated for any of the costs of the repairs
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and renovations as itemized in Exhibit"A", Scope,because such repairs and renovations are
being rendered to the `Burnett Park" as a Gift to the City.
VII
PAYMENTS TO THE CONTRACTOR
Since this Contract for the provision of repairs and renovations to "Burnett Park"Fort Worth,Texas is
a Gift to the City there is no schedule of payments.
VIII
PROGRESS OF WORK AND REPORTS
Because "Burnett Park"Fort Worth, Texas is owned by the City of Fort Worth, and the City has a
material interest in the progress and quality of the repairs and renovations which shall be undertaken as
a result of this Agreement,the Contractor shall cause to be submitted to the City Manager or his
designated representative Progress Reports each sixty days which shall describe the extent and nature
of the work completed within that time frame. Contractor agrees to include in its contract with the
General Contractor the requirement that City of Fort Worth personnel may inspect the Work at all
times.
IX
AMENDMENTS TO CONTRACT
This contract shall not be considered to be modified, altered,changed or amended in any respect unless
the same is done in writing and is signed by both parties.
X
ENUMERATION OF CONTRACT DOCUMENTS
The Contract Documents,except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1 Exhibit"A", Scope
9.2 Exhibit`B",Indemnification
9.3 Exhibit"C", Termination
9.4 Exhibit"D", Clarification of Parties in Interest
XI
PUBLIC CONVENIENCE AND SAFETY
4
II.I The Contractor shall require through its Contract with the General Contractor,that the General
Contractor and its Sub-Contractors shall observe City ordinances relating to obstructing streets,
keeping alleys or other right-of-way open and protecting same and shall obey all laws and City
ordinances controlling or limiting those engaged in the Work.
11.2 Contractor shall require through its Contract with the General Contractor,that the General
Contractor and its Sub-Contractors shall perform their duties in a manner that will cause the
least inconvenience and annoyance to the general public and the property owners. The
Contractor shall require through its Contract with the General Contractor that the General
Contractor exercise every reasonable precaution for the safety of the property and the protection
of any and all persons an/or property located adjacent to or making passage through, or using
said property.
XII
RIGHT OF OWNERSHIP
All permanent public facilities and equipment owned by the City within`Burnett Park"Fort Worth,
Texas, shall remain property of the City,and such property cannot be disposed of by Contractor
without the express written consent of City.
XIII
CONTRACTOR LIABILITY _
The Contractor is the funding entity for the repairs and renovations as described in Exhibit"A",
Scope, and as such,has no liability for any damages to any persons,entities,or any public or private
property which is due to the negligence of the General Contractor or any of the Sub-Contractors. The
Contractor shall require through its Contract with the General Contractor that the General Contractor
and all Sub-Contractors shall be required to assume full liability for any damages to persons, entities
and any public or private property due to negligence. The Contractor shall require its General
Contractor to obtain a performance and payment bond in the full amount of the construction contract.
Contractor and the City of Fort Worth shall be named as dual obligees. The bonds must meet the
requirements of Chapter 2253, Texas Government Code and must be executed by a corporate surety in
accordance with Article 7.19-1, Vernon's Texas Insurance Code, as same may be amended from time
to time.
XIV
PERSONAL LIABILITY OF PUBLIC OFFICIALS
No employee of the City of Fort Worth, nor any other agent of the City, shall be personally responsible
for any liability arising under or growing out of the contract or operations of the Contractor, General
Contractor, Sub-Contractors,agents,permitees or assigns under the terms of this contract.
XV
INDEMNIFICATION (See Exhibit`B"Indemnification)
5
XVI
INSURANCE
The Contractor shall not permit the General Contractor to commence work,until it has obtained, or
caused to be obtained all the insurance required under the contract and such insurance has been
approved by the City. Contractor shall be responsible for delivering to the City the Contractor's
certificate of insurance,the General Contractor's certificate of insurance,and all Sub-Contractor's
certificates of insurance, for approval.. It is the intention of the City that the insurance coverage
required herein shall include the coverage of all subcontractors.
16.1 COMPENSATION INSURANCE: The Contractor shall require that the General
Contractor and Sub-Contractors maintain, during the life of this Contract,Workers'
Compensation Insurance on all of its employees to be engaged in work under this contract and
for all sub-contractors. In case any class of employees engaged in hazardous work under this
contract is not protected under the Workers' Compensation statute,the Contractor shall require
that the General Contractor shall provide adequate employer's general liability insurance for
the protection of such employees not so protected.
16.2 COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall
require that the General Contractor and Sub-Contractors procure and maintain during the life of
this Contract public liability and property damage insurance in an amount not less than
$1,000,000.00 covering each occurrence with an aggregate limit of$2,000,000.00. Such policy
shall be endorsed to name the City as an additional insured.
16.3 AUTOMOBILE INSURANCE: The Contractor shall require that the General Contractor
and all Sub-Contractors procure and maintain during the life of this contract a comprehensive
bodily injury and property damage automobile liability policy in the amount not less than
$1,000,000.00 for each accident. This policy shall cover any automobile used within the scope
of this contract as detailed on Exhibit"A", Scope. Such policy shall be endorsed to name the
City as an additional insured.
16.4 INSURANCE REQUIREMENTS: The insurance specified in Section XV hereof shall
comply with the following requirements:
1. Certificates of insurance documenting coverages required in this contract
shall be provided to the City Manager, City of Fort Worth, 1000 Throckmorton
Street, Fort Worth, Tx 76102, in a timely manner; and any
6
failure of the City to request same shall not be construed as a waiver of such
requirement.
2. A minimum notice of thirty(30) days shall be provided the City in the event of
cancellation or non-renewal of policy(s) except a ten(10) day notice shall be
acceptable in the event of non-payment of insurance premium(s).
3. Insurers of all policies of insurance shall be licensed or otherwise authorized to do
business in the State of Texas and be otherwise acceptable to the City in terms of
financial strength and solvency.
4. Deductible limits of required insurance polices shall be acceptable to the City.
5. Applicable policies shall be endorsed with waiver(s)of subrogation in favor of the
City.
6. The City shall be entitled, upon its request, and without incurring expense,to review
all insurance policies including endorsements thereto and, at the City's discretion,
each insured may be required to provide proof of insurance premium payments.
7. The Commercial General Liability insurance policy required of the General
Contractor and its Sub-contractors shall have no exclusions by endorsement unless
approved by the City.
8. The City shall not be responsible for the cost of any insurance required.
9. All liability insurance required shall be written on an occurrence basis as such is
authorized in the State of Texas by the State Department of Insurance and its
respective Board.
XVII
LAWS TO BE OBSERVED
The Contractor, in its Contract with the General Contractor, shall require that the General Contractor,
at all times, shall observe and comply with all applicable federal and state laws,local laws, ordinances,
orders and regulations of the federal, state, county or city governments. No pleas of misunderstanding
will be considered on account of ignorance thereof.
XVIII
TAXES
The Contractor shall require,through its Contract with the General Contractor,that the General
Contractor pay all federal, state and local taxes which may be chargeable against the performance of
this work.
M
PERMITS
Because the work described in Exhibit"A" Scope is only repair and renovation and not new
construction, and because such work is being undertaken as a Gift to the City, any municipal permits
required shall have the fees waived. All necessary permits and licenses issued by the state or county
will be provided.
XX
CHARACTER OF WORKERS AND WORK
The Contractor shall require,through its Contract with the General Contractor,that the General
Contractor, including subcontractors, shall be competent and careful workers skilled in their respective
trades. The Contractor shall require,through its Contract with the General Contractor,that the General
Contractor not employ nor contract with any person who repeatedly engages in misconduct or is
incompetent or negligent in the due and proper performance of his duties. The City shall retain the
right to require the Contractor to remove any employee, of the General Contractor or its Sub-
Contractors who is guilty of misconduct toward the public or is in any way discourteous to the public.
XXI
EQUIPMENT
The Contractor shall require,through its Contract with the General Contractor,that the General
Contractor and the Sub-contractors maintain at all times maintain it's equipment in a clean, serviceable
condition. All equipment shall be properly licensed and inspected and clearly marked with the
appropriate Contractor's name.
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XXII
ENTIRETY OF AGREEMENT
This written instrument and all attachments incorporated herein by reference constitute the entire
agreement by the parties hereto concerning the work to be performed hereunder, and any prior or
contemporaneous oral or written agreements which purport to vary from the terms hereof shall be void.
XXIII
EFFECTIVE DATE
This contract is made and entered as of April 2, 2001.
EXECUTED on this the 'day of ' 2001.
CITYOFF RT WORTH,TEXAS DOWNTOWN FORT WORTH INITIATIVES,INC
a Texas Corporation -
BY: BY: _�
Title: l SL K- - AcA Title:
APOAS TO FORM AND LEGALITY:
< 67w� -
Assistant C*"tto ey
Date: 5 7
ATTEST:
---AWEM BY 4L - 1 5�-{
Contract Authorization
CC7 T'�l ;li'
Date
(-AI
9
Burnett Park BYM EXHIBIT ._"A"
T HO&&MNE,INC
cen+8UL CONMA=RS
SCOPE
Item 1.1 Rework of chemical feed.
Item 12 Replace balance valves at rectangle pools
Item 13 Replace balance valves at triangle pools
Item 1.4 Add supply air fan and curb,rework exhaust in MECH RM.
Item 1.5 Matisse wall sand filter
Item 1.6 Per SI i i,notes on large sand filter and feature pump.
Item 1.7 Replace auto fill valve on Matisse wall pool piping in Mech Rm.
• Additional electrical repairs,research and repair of overflow drain operation would be
on a time and material basis and is not included in this contract.
Item 1.8 Remove and rebuild valves in mech rm.
4 ea.6", 1 ea 4", lea.2"
Item 1.9 At Mech.Rm.Remove sidewalk excavate and waterproof the sewer&domestic water lines.
• At Mech Rm.it has been reported that water leaks into the vault when the exhaust fan to the optic lighting is
turned on. Atter investigation of the problem,this fan could need some repairs as well as the
duct system. This work could be done on a time and material basis and is not included in this contract.
• It has been previously noted at the individual pool drain openings,that the sidewatl openings appear to
be too small to allow adequate cleaning of the drain piping. It might be possible to core drill a vertical hole
in the granite,in line with each drain line,and install a bronze cap for access to these drains for
cleaning purposes. Pricing for this work can be put together should it be required.
This work is not included in this contract.
Total for Item 1.1 through 1.9 $53,425.00
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Item 2.1 Tree Lights
1 6-120v/12vtransformers
. 2 150-35wa tt-12v lamps
Item 22 Fiber Optic Fountain Lights
1 35- 150watt-21v underground light bulbs
. 2 35-brackets for underground lights
. 3 35-sockets for underground lights
. 4 10- 120v/l2vtraasformers
. 5 43-candles burning(no repairs needed)
. 6 90-candles burned out
. 7 42-candles not receiving light(obstruction not visible)
. 8 Replace one(1)time clock
9 Repair ventilation fan
Item 23 Walk and Step Lights
1 72- 15watt-130v lamps
. 2 2-brass step light covers to be replaced
3 15-brass step lights badly damaged,to be replaced or repaired
Item 2.4 Neon Walk Lights
. 1 10-neon ballast to be replaced or repaired
. 2 10-neon lamps to be replaced Pace 1 of 3
10
9
�. 3 1-replacement of neon back plate
. 4 clean lens and back plates
Item 2.5 Lighting Panel Revisions
add one(1)transformer on feeder to lighting panel,lowering the voltage to all the park lighting.
Item 2.6 Repair Main Panel Board
Total for 2.1 through 2.6,not to exceed $27,500.00
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Item 3.1 10 Zones controlled by Rain Dial Controller
. 1 Zone 1 N.E.head,install 120 degree nozzle
.2 Zone 2 Raise one head.
3 Zone 3 unclog heads in S.E.hollies
. 4 Zone 3 Revise pop-ups in S.W.Juniper Bed
. 5 Zone 4 Repair bad head at S.E.corner
. 6 Zone 4 Repair bad head at N.E..comer (head missing)
7 Zone 5 Revise low heads in begonias at S.W.
8 Zone 6 Revise low heads in begonias,at S.E.
9 Zone 7 Repair and unclog heads in N.W.corner
10 Zone 8 Revise low heads in begonias
11 Zone 9 Revise heads in N.W.juniper beds
12 Zone 10 Repair or replace 2 broken heads by S.E.wall-
Item 32 15 Zones controlled by Toro Controller
. 1 Zone 1 Repair clogged and low heads
. 2 Zone 2 Repair clogged and low heads
3 Zone 3 Repair clogged and low heads
. 4 Zone 4 Repair clogged and low heads
5 Zone 4 Repair clogged and low heads
6 Zone 5 Repair clogged and low heads
7 Zone 6 Repair clogged and low heads
8 Zone 7 Repair clogged and low heads
. 9 Zone 8 Repair clogged and low heads
10 Zone 9 Repair clogged and low heads
11 Zone 10 Repair clogged and low heads,replace missing heads
12 Zone 11 Repair clogged and low heads,replace missing heads
13 Zone 12 Repair clogged and low heads
14 Zone 13 Repair clogged and low heads
. 15 Zone 14 Repair clogged and low heads
. 16 Zone 15 Repair clogged and low heads
Total for Item 3.1 through 3.2,not to exceed $5,000.00
Page 2 of 3
• 11
:Grants Repairs
Item 4.1 To refurbish the entire park(LE.,replace broken stone,reset stone that have $235,960.00
moved,caulk all joints in replaced and reset pavers and steps and benches).
This work excludes any work to the Matisse Wall or Pool.
This work is based on marked up copies of the original"Capital Marble&Granite"
shop drawings,.Sheet CS-1 "Reference Key Plan"and sheets 1 through 28,with
various revision numbers all dated 8-15-00.
Item 4.2 Resetting of granite stones at tree welts. (87 additional pieces) $13,000.00
Item 43 Remove and replace caulk joints for one stone width west of slotted floor drain $15,000.00
at west edge of Park,next to east property line of Burnett Plaza.
Item 4.4 Replace four(4)lower corner stones at the N.E.&S.W.ends of $8,000.00
the Matisse Wall.
Item 4.5 Remove the appropriate amount of grout and caulk all areas except the 6"pavers $300,000.00
and waterblast 130,000 SF(caulking limits are back of curb on 3 sides and
start of building plaza on west side excluding 6"pavers).
6"pavers excluded.
Item 4.6 Contractor's Contingency $7,766.00
Total for Item 4.1 through 4.6 $579,726.00
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Item 5.1 Repair damaged tree wells substructure to receive Granite at tree wells#15,#19,. $2,000.00
Item 52 Rework grass and sidewalk for plumbing $2,100.00
Item 53 CGC/Umbrella Insurance $2,470.00
Item 5.4 General Conditions $57,124.00
Item 5.5 Contractor's Fee $38,217.00
Item 5.6 Contractor's Contingency $35,000.00
Item 5.7 No Building Permit fee is included in this contract. Itis assumed the City will waive the permit.
Item 5.8 It is understood and agreed that Owner is providing administration of the payments for this
work and not the architectural or engineering oversights. It is further understood and agreed
that Contractor is only liable for the su_fficency of the operations of the material/items that
Contractor is repairing or replacing.
Item 5.9 It is understood and agreed that Contractor is not an engineer or architect and that Contractor
and it's subcontractors are acting under good faith to repair and or replace those known
defective materials in order to bring the facilities back as close to it's original operating J
capacity as possible with the amount of work authorized under this contract.
Item 5.10 Performance&Payment Bond $12,038.00
Item 5.11 No sales tax is included in this contract. It is assumed a sales tax exemption
certificate will issued.
Item 5.12 No sidewalk or street rental is included in this contract. It is assumed the City will
waive the rental fees.
Total for Item 5.1 through.5.12 $148,949.00
Total Contract Price $814,600.00
Page 3 of 3
12
EXHIBIT B"
INDEMNIFICATION
1. Contractor covenants and agrees to, and does hereby indemnify,hold harmless and defend City,
its officers, agents, servants and employees, from and against any and all claims or suits for
property damage or loss and/or personal injury, including death,to any and all persons, of
whatsoever kind or character,whether real or asserted, caused by Contractor's acts or failure to
act.
2. To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are
not covered by Project Management Protective Liability insurance, or other applicable
insurance policies,purchased by the General Contractor,the Contractor shall,through it's
Contract with the General Contractor,that the General Contractor shall indemnify, defend and
hold harmless the City,its agents,and employees from and against claims, damages,losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from
performance of the Work provided that such claim, damage,loss or expense is attributable to
bodily injury, sickness, disease or death,or to injury to or destruction of expense of tangible
property(other than the Work itself), but only to the extent caused by the negligent acts or
omissions of the Contractor,a General Contractor, a Sub-contractor,anyone directly or
indirectly employed by them or anyone for whose acts they may be liable,regardless or
whether or not such claim damage,loss or expense is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge,or reduce other rights or
obligations of indemnity,which would otherwise exist as to a party or person described in this
Paragraph.
3. In claims against any person or entity indemnified under this Paragraph by an employee of the
General Contractor, a Sub-contractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable,the indemnification obligation under Paragraph 1
shall not be limited by a limitation on amount or type of damages, compensation or benefits
payable by or for the General Contractor,or a Sub-contractor under workers,compensation
acts, disability benefit acts or other employee benefit acts.
4. An Escrow Pledge Agreement in the amount of 100%of the amount of the construction
contract between the Contractor and its General Contractor. The Escrow Pledge Agreement
shall be on forms provided by the City. Any interest earned on the escrow account shall be the
property of Contractor and may be disbursed in accord with the Escrow Pledge Agreement.
With City approval,the Contractor may make timely withdrawals from the escrow account to
pay its general contractor based upon the amount of construction work completed as approved
and verified by the Director of Parks and Community Services. Upon completion and
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acceptance of the Work by the City of Fort Worth, any funds remaining in the escrow account
shall be released to the Contractor 45 days after the acceptance of the Work.
If changes in design or specifications occur during repair and/or renovations or additional work
result in change orders increasing the original contract cost for repair and/or renovations,
Contractor shall fund any additional work directly.
No withdrawal of escrow funds shall be allowed for excess costs,unless and until additional
funds have been deposited into the escrow account, by the Contractor,in an amount totaling
100%of the excess costs.
14
EXI IT"C"
TERMINATION
Termination by the Contractor
1. The Contractor may terminate the Contract if the Work is stopped for a period of 30
consecutive days through no act or fault of the General Contractor or a Subcontractor,or their
agents or employees or any other persons or entities performing portions of the Work under
direct or indirect contract with the Contractor, for any of the following reasons: .
a. issuance of an order of a court or other public authority having jurisdiction which
requires all work to be stopped;
b. an act of government, such as a declaration of national emergency which requires all
Work to be stopped.
Termination by the City for Cause
1. The City may terminate the Contract if the Contractor:
a. fails to make payment to General Contractor or the General Contactor fails to make
payment to the sub-contractors for materials or labor in accordance with the
respective agreements between the Contractor and General Contractor.
b. disregards laws, ordinances,or rules,regulations or orders of a public authority
having jurisdiction ; or
c. otherwise is guilty of material breach of a provision of the Contract Documents.
15
EXHIBIT"D"
CLARIFICATION OF PARTIES IN INTEREST
The City understands and acknowledges that the Work is to be performed in a public park
owned by the City of Fort Worth, Texas. The City of Fort Worth is the true"Owner"of the
Project. Downtown Fort Worth Initiatives,Inc. has entered into a contract with the General
Contractor and with the City for the sole purpose of administering the Project and the Work and
facilitating payments to be made to the General Contractor and to transfer the finished work to
the City as a Gift to the City. The City finrther understands and acknowledges that the funding
for the Work is being provided by the Burnett Foundation through a grant to Downtown Fort
Worth Initiatives, Inc. Downtown Fort Worth Initiatives,Inc.has no role in the Project other
than as Administrator of the Project under its contractual arrangement with the General
Contractor and with the City of Fort Worth.
1 HY 16f-' �_Ildbl Wtj:55 FX F'X1 VH I h U-.1hN*I LiKUur al'r .syb b'rb'e I U yFJl'r.5.573113 r.U�/bd
BankofAmeriea
Bank of America
Nnvate dam
Interoffice Code TM-497-13-oi
500 West 7th Street
November 16,2000 PO Box 1317
Fort Worth,TX 76101.1317
Tel 827.390.6942
City of Fort Worth Fax $17.390.6767'
Attn: Mr.Richard Zavala
100a Throcicmorton Street
Fort Worth TX 76102
RE: Buiuett Park Improvements
Dear Mr.Zavala:
We understand that Downtown Fort Worth Initiatives, Ina ('DFWI') has entered into a
contract with the City of Fort Worth (`City's for repairs and improvements ('Improveaaents')
to Burnett Park, a copy of such contract beim attached hereto. We Author understand that
DIMI has entered Tato a constmatum contract£or Improvemants.
This is to acknowledge the deposit of$814,600.00 ("Escrow Funds ) by DFWI as its guaranty
to perform its obbotaons pursuant to the terms of its contract with the City, to-wit;failure to
construct the Improvements and/or failure to pay its contractor. The Escrowed Funds have
been placed into escrow and seereeated from other funds of DM held by Bank of America.
The Escrow Funds will be used to pay draw requests from the general contractor' as work
progresses.
The Escrowed Funds, or any balance the v4 will be made available to the City in the event
that DFWI fails to perform its obligations pursuant to the terme of its contract with the City.
Bank of America will deliver the balance of the Escrow Funds to the City fourteen days
following the receipt of a letter from the City stating that DFWI has failed to perform its
obligationo ,order its contr2et with the City, a copy of.which letter Bank of America will
fiorward to DM immediately upon Bank of America's receipt thereof
Bank or Ams' riau, Am ftreclura, uMmm, smplayev-;.% aganta and representatives shall never be
liable to DFWI and City for any claims, damages. expenses, costs, suits and other liability of
any kind whatsoever that arise out of or are directly or indirectly related to the parPnrmance
by Bank ofAmeaca_of its duties hereunder except for groes negligence or willful misconduct.of
Bank of Awer m or its directors, oZce=,employees,agents or representatives.
The City shall have no interest in or claim to interest earned on the'Recrow Funds, such
interest-to remain the property of DFW'L
Please sign*your acceptance of this letter by signing in the space provided below.
Sincerely,
J.B.Huck
Senior Vice President
l
Standard Form of Agreement Between Owner and
Contractor where the basis of payment is a Stipulated Sum
AGREEMENT: Made as of the day of April 2001.
BETWEEN THE OWNER:
Downtown Fort Worth Initiatives, Inc.
777 Taylor Street, Suite 100
Fort Worth, Texas 76102
AND THE CONTRACTOR:
Thos. S. Byrne, Inc.
900 Summit Ave.
Fort Worth, Texas 76102
THE PROJECT IS:
"Burnett Park"
Fort Worth City Park
Bounded by Seventh Street,Lamar Street, and Tenth Street in the City of Fort Worth,Texas.
ARCHITECT IS:
N/A
The Owner and Contractor agree as set forth below.
To make repairs and adjustments as noted in Exhibit "X", Scope Clarifications, to 'Burnett
Park", Fort Worth, Texas.
Page 1 of 8
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ARTICLE I
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Exhibit "N" Scope Clarifications issued
prior to execution of this Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement; these form the Contract, and are as fully
a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or oral. An enumeration of the
Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work as described in Exhibit "A" described in the
Contract Documents, except to the extent specifically indicated in the Contract Documents to be
the responsibility of others, or as follows: NA
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement shall be the date of this Agreement, as first written above,
unless a different date is stated below or provision is made for the date to be fixed in a
notice to proceed issued by the Owner,
Commencement date to be fixed in a NTP.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
176 calendar days from the date of the notice to proceed issued by the Owner, subject to
adjustments of this Contract Time as provided in the Contract Documents.
ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum not to exceed Eight Hundred Fourteen Thousand Six
Hundred Dollars ($814,600.00), subject to additions and deductions as provided in the
Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:None
4.3 Unit prices, if any, are as follows:None
Page 2 of 8
4.4 Allowances are as follows:
1. Reset granite stone at treewells...............................................................$13,000
2. Remove and replace caulk joints for one stone width west of
slotted floor drain....................................................................................$15,000
3. Replace stone at Matisse wall...................................................................$8,000
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payments submitted by the Contractor to the Owner, the
Owner shall make progress payments on account of the Contract Sum to the Contractor as
provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for Payment shall be one calendar month ending
on the last day of the month,
5.3 Provided an Application for Payment is received by the Owner not later than the 5th day
of a month, The Owner shall make payment to the Contractor not later than the 301' day
of the month. If an Application for Payment is received by the Owner after the
application date fixed above, payment shall be made by the Owner not later than 30 days
after the Owner receives the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum wnong the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Owner may
require, This schedule, unless objected to by the Owner, shall be used as a basis for
reviewing the Contractor's Application for Payment. Contractor shall permit the work to
be inspected by City of Fort Worth personnel at all times.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed work as
determined by multiplying the percentage completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of
Values, less retainage of ten percent (10%). Pending final determination of cost to the
Owner of changes in the Work, amounts not in dispute may be included in Applications
for Payments even though the Contract Sum has not yet been adjusted by Change Order.
Page 3 of 8
5.6.2 Add that portion of the Contract Sum properly aflocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage of ten(I 0 O/o).
5.6.3 Subtract the aggregate of previous payments made by the Owner.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
11.11 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to ninety percent (90%) of the Contract Sum, less such amounts as the Owner
shall determine for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of
the Contractor, any additional amounts payable to Contractor.
5.8 Reduction or limitationtation of retainage, if any, shall be as follows: Not Used
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when the Contract has been fully performed by the Contractor, approved
by Owner, accepted by the City of Fort Worth, and when the Owner has received Contractor's
Final Lien Waiver noting that the Subcontractors will be paid from this final payment. Such final
payment shall be made by the Owner not more than 45_ (per City requirements) days after the
issuance of the Contractor's Final Application, which shall evidence compliance with all of the
provisions and requirements of this Article 6.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to another Contract Document, the reference
refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 See Exhibit "C".
Page 4 of 8
ARTICLE 9
ENUMERATION OF CONNUCT DOCUMENTS
9.1 The Contract Documents, exrept for Modifications issued after execution of this
Agreement, are enumerated as follows: see Exhibits "A", `B", "C", and"D".
9.2 The Specifications are those contained in: see Scope Clarifications, Exhibit "A".
9.3 The drawings are as follows, and are dated unless a different date is shown below. See
Scope Clafifications, Exhibit"A".
9.4 The addenda, if any, are as follows: not used.
9.5 Other documents, if any, forming part of the Contract Documents are as follows: See
Indemnification, Exhibit "B", Termination, Exhibit "C", and Clarification Of Parties In
Interest, Exlfibit "D".
ARTICLE 10
INSURANCE
The Contractor shall not commence work under this contract until it has obtained all of the
insurance required under the contract and such insurance has been approved by Contractor shall
be responsible for delivering to the Downtown Fort Worth Initiatives, Inc. the Contractor's
certificate of insurance, the General Contractor's certificate of insurance, and all Sub-Contractor's
certificates of insurance for approval. It is the intention of Downtown Fort Worth Initiatives, Inc.
that the insurance coverage required herein shall include the coverage of all subcontractors-
10.1 WORKERS' COMPENSATION INSURANCE. General Contractor and SubContractors
shall maintain, during the life of this Contract, Workers' Compensation Insurance on all
of its employees to be engaged in work under this contract. In case any class of
employees engaged in hazardous work under this contract is not protected under the
Workers' Compensation statute, the General Contractor shall provide adequate employer's
general liability insurance for the protection of such employees not so protected.
10.2 COMPREHENSIVE GENERAL LIABILITY INSURANCE. The General Contractor
and Sub-Contractors shall procure and maintain during the life of this Contract.public
liability and property damage insurance in an amount not less than$1,00,000.00 covering
each occurrence with an aggregate limit of$2,000,000.00. Such policy shall be endorsed
to the name Downtown Fort Worth Initiatives, Inc., the City of Fort Worth and the
Burnett Foundation as an additional insured.
10.3 AUTOMOBILE INSURANCE. The General Contractor and all SubContractors shall
procure and maintain during the life of this contract a comprehensive bodily injury and
property damage automobile liability policy in the amount not less than$1,000,000.00 for
each accident. This policy shall cover any automobile used within the scope of this
Page 5 of 8
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contract. Such policy shall be endorsed to name the City of Fort Worth, Downtown Fort
Worth initiatives, Inc., and Burnett Foundation as an additional insured.
10.4 INSURANCE REQUIREMENTS- The insurance specified herein shall comply with the
following requirements:
1. The additional named insured on Contractor's insurance policies for Workers'
Compensation, Comprehensive General Liability Insurance, and Automobile
Insurance shall be Downtown Fort Worth Initiatives, Inc., the City of Fort Worth,
and Burnett Foundation.
2. Prior to any work commencing, certificates of insurance documenting coverages
required in this contract shall be provided to Downtown Fort Worth Initiatives,
Inc., 777 Taylor Street, Suite 100, Fort Worth Texas 76102. in a timely manner;
and any failure of the Downtown Fort Worth Initiatives, Inc. to request same shall
not be construed as a waiver of such requirement.
3. A minimum notice of thirty (30) days shall be provided Downtown Fort Worth
Initiatives, Inc, in the event of cancellation or nonrenewal of policy(s) except a ten
(10) day notice shall be acceptable in the event of non-payment of insurance
premium(s).
4. Insurers of all policies of insurance shall be licensed or otherwise authorized to do
business in the State of Texas and be otherwise acceptable to Downtown Fort
Worth Initiatives, Inc. in terms of financial strength and solvency. -
5 . Deductible limits of required insurance policies shall be mutually acceptable to
Downtown Fort Worth Initiatives, Inc. and Contractor.
6. Applicable policies shaft be endorsed with waiver(s) of subrogation in favor of the
City of Fort Worth, Downtown Fort Worth Initiatives, Inc., and Burnett
Foundation on Workers' Compensation, Comprehensive General Liability
Insurance, and Automobile Insurance.
7. Downtown Fort Worth Initiatives, Inc, shall be entitled, upon its request, and
without incurring any expense, to review the Contractor's insurance policies
including endorsements thereto and, at Downtown Fort Worth Initiatives, Inc.
discretion, the Contractor may be required to provide proof of insurance premium
payments.
8. The Commercial General Liability insurance policy required of the Contractor
shall have no exclusions by endorsement unless approved by Downtown Fort
Worth Initiatives, Inc.
9. The Downtown Fort.Worth Initiatives, Inc. shall not be responsible for the cost of
any insurance required of the Contractor.
10. All liability insurance required of the Contractor shall be written on an occurrence
basis.
10.5 LOCAL AGENT FOR INSURANCE. The insurance company or managing brokerage
firm with or through whom the Contractor's insurance is written shall be represented by
an agent or agents having an office located within the Fort Worth/Dallas metropolitan
area. The name of the agent or agents shall be stated on all certificates of insurance.
Page 6 of 8
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Contractor shall keep the required insurance in effect at all times during the term of this
contract. Contractor shall furnish to Downtown Fort Worth Initiatives, Inc. a certificate
of insurance on a form approved by Downtown Fort Worth Initiatives, Inc., evidencing
that Contractor has obtained the required insurance coverage. All policies must provide
that they may not be changed or canceled by the insurer in less than thirty(30) days after
Downtown Fort Worth Initiatives, Inc. has received written notice of such change or
cancellation except a notice of ten (10) days shall be acceptable if cancellation is due to
non-payment of policy premium. The fines of coverage and policy limits of such
insurance may be revised upward at Downtown Fort Worth Initiatives, Inc. request with
reasonable notice by Downtown Fort Worth Initiatives, Inc., the Contractor; and
Contractor shall revise such lines of coverage and policy limits within thirty (30) days
after receipt of such request. Downtown Fort Worth Initiatives, Inc. agrees to pay for
any additional premiums due to Downtown Fort Worth Initiatives, Inc,. request for
additional coverage and/or policy limits.
ARTICLE 11
INDEMNIFICATION
11.11 SEE EXHIBIT`B"
ARTICLE 12
INCORPORATION OF CONTRACT BETWEEN DOWNTOWN FORT WORTH
INITIATIVES,INC.AND THE CITY OF FORT WORTH
12.1 Contractor agrees to be bound by the terms and conditions of that certain contract
between Downtown Fort Worth Initiatives, Inc. and The City of Fort Worth, Texas dated
September 25, 2000 as if such contract were fully set forth herein and.Contractor agrees
to provide all items which said contract requires Contractor to perform. This contract
specifically is for the repairs and renovations to "Burnett Park",Fort Worth, Texas.
12.2 It is further agreed that Thos, S. Byrne, Inc. will not be required to adhere to Article
XVIII, TAXES. for this project is tax exempt. Downtown Fort Worth Initiatives, Inc.
will issue a Tax Exemption Certificate to Thos. S. Byrne, Inc.
Page 7 of 8
This Agreement is entered into as of the day and year first written above and is executed in at
least two original copies of which one is to be delivered to the Contractor and one to the Owner.
OWNER CONTRACTOR
Downtown Fort Worth Initiatives,Inc. Thos. S. Byrne, Inc.
Printed name and title Printed name and title
John Avila,Jr.
President&CEO
Page 8 of 8
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Burnett Park EXHIBIT "A"
THOS.&BYRNF,INC,
GENERAL CONTRAICIORS
SCOPE
Item 1.1 w Rework of chemical feed.
Item 1.2 Replace balance valves at rectangle pools
Item 1.3 Replace balance valves at triangle pools
Item 1.4 Add supply air fan and curb,rework exhaust in MECH RM.
Item 1.5 Matisse wall sand filter
Item 1.6 Per SkiHi notes on large sand filter and feature pump.
Item 1.7 Replace auto fill valve on Matisse wall pool piping in Mech Rm.
• Additional electrical repairs,research and repair of overflow drain operation would be
on a time and material basis and is not included in this contract.
Item 1.8 Remove and rebuild valves in mech rm.
4 ea.6", 1 ea.4", 1 ea.2"
Item 1.9 At Mech.Rm.Remove sidewalk excavate and waterproof the sewer&domestic water lines.
• At Mech Rm.it has been reported that water leaks into the vault when the exhaust fan to the optic lighting is
turned on. After investigation of the problem,this fan could need some repairs as well as the
duct system. This work could be done on a time and material basis and is not included in this contract.
• It has been previously noted at the individual pool drain openings,that the sidewall openings appear to
be too small to allow adequate cleaning of the drain piping. It might be possible to core drill a vertical hole
in the granite,in line with each drain line,and install a bronze cap for access to these drains for
cleaning purposes. Pricing for this work can be put together should it be required.
This work is not included in this contract.
Total for Item 1.1 through 1.9 $53,425.00
Item 2.1 Tree Lights
1 6-120v/12v transformers
. 2 150-35watt-12v lamps
Item 2.2 Fiber Optic Fountain Lights
1 35- 150watt-21v underground light bulbs
2 35-brackets for underground lights
3 35-sockets for underground lights
. 4 10- 120v/12v transformers
. 5 43-candles burning(no repairs needed)
. 6 90-candles burned out
7 42-candles not receiving light(obstruction not visible)
8 Replace one(1)time clock
. 9 Repair ventilation fan
Item 2.3 Walk and Step Lights
1 72-15watt-130v lamps
2 2-brass step light covers to be replaced
3 15-brass step lights badly damaged,to be replaced or repaired
Item 2.4 Neon Walk Lights
. 1 10-neon ballast to be replaced or repaired
. 2 10-neon lamps to be replaced Page 1 of 3
. 3 1 -replacement of neon back plate
. 4 clean lens and back plates
Item 2.5 Lighting Panel Revisions
add one(1)transformer on feeder to lighting panel,lowering the voltage to all the park lighting.
Item 2.6 Repair Main Panel Board
Total for 2.1 through 2.6, not to exceed $27,500.00
LA1 i SPRINKLERS
x
u»Item 3.1 10 Zones controlled by Rain Dial Controller
. 1 Zone 1 N.E.head,install 120 degree nozzle
. 2 Zone 2 Raise one head
. 3 Zone 3 unclog heads in S.E.hollies
. 4 Zone 3 Revise pop-ups in S.W.Juniper Bed
5 Zone 4 Repair bad head at S.E.corner
6 Zone 4 Repair bad head at N.E.corner (head missing)
7 Zone 5 Revise low heads in begonias at S.W.
8 Zone 6 Revise low heads in begonias.at S.E.
. 9 Zone 7 Repair and unclog heads in N.W.corner
10 Zone 8 Revise low heads in begonias
11 Zone 9 Revise heads in N.W.juniper beds
12 Zone 10 Repair or replace 2 broken heads by S.E.wall
Item 3.2 15 Zones controlled by Torn Controller
. 1 Zone 1 Repair clogged and low heads
. 2 Zone 2 Repair clogged and low heads
. 3 Zone 3 Repair clogged and low heads
. 4 Zone 4 Repair clogged and low heads
5 Zone 4 Repair clogged and low heads
6 Zone 5 Repair clogged and low heads
7 Zone 6 Repair clogged and low heads
8 Zone 7 Repair clogged and low heads
. 9 Zone 8 Repair clogged and low heads
10 Zone 9 Repair clogged and low heads
11 Zone 10 Repair clogged and low heads,replace missing heads
12 Zone 11 Repair clogged and low heads,replace missing heads
13 Zone 12 Repair clogged and low heads
14 Zone 13 Repair clogged and low heads
15 Zone 14 Repair clogged and low heads
16 Zone 15 Repair clogged and low heads
Total for Item 3.1 through 3.2,not to exceed $5,000.00
Page 2 of 3
6
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Item 4.1 To refurbish the entire park(I.E.,replace broken stone,reset stone that have $235,960.00
moved,caulk all joints in replaced and reset pavers and steps and benches).
This work excludes any work to the Matisse Wall or Pool.
This work is based on marked up copies of the original"Capital Marble&Granite"
shop drawings,Sheet CS-1 "Reference Key Plan"and sheets 1 through 28,with
various revision numbers all dated 8-15-00.
Item 4.2 Resetting of granite stones at tree wells. (87 additional pieces) $13,000.00
Item 4.3 Remove and replace caulk joints for one stone width west of slotted floor drain $15,000.00
at west edge of Park,next to east property line of Burnett Plaza.
Item 4.4 Replace four(4)lower comer stones at the N.E.&S.W.ends of $8,000.00
the Matisse Wall.
Item 4.5 Remove the appropriate amount of grout and caulk all areas except the 6"pavers $300,000.00
and waterblast 130,000 SF(caulking limits are back of curb on 3 sides and
start of building plaza on west side excluding 6"pavers).
6"pavers excluded.
Item 4.6 Contractor's Contingency $7,766.00
Total for Item 4.1 through 4.6 $579,726.00
MI
SCF LLANOUS REPAIRS.;Ah1D;CLARI�� ;TIQ[�iS
{
Item 5.1 Repair damaged tree wells substructure to receive Granite at tree wells#15,#19,. $2,000.00
Item 5.2 Rework grass and sidewalk for plumbing $2,100.00
Item 5.3 CGC/Umbrella Insurance $2,470.00
Item 5.4 General Conditions $57,124.00
Item 5.5 Contractor's Fee $38,217.00
Item 5.6 Contractor's Contingency $35,000.00
Item 5.7 No Building Permit fee is included in this contract. It is assumed the City will waive the permit.
Item 5.8 It is understood and agreed that Owner is providing administration of the payments for this
work and not the architectural or engineering oversights. It is further understood and agreed
that Contractor is only liable for the sufficency of the operations of the material/items that
Contractor is repairing or replacing.
Item 5.9 It is understood and agreed that Contractor is not an engineer or architect and that Contractor
and its subcontractors are acting under good faith to repair and or replace those known
defective materials in order to bring the facilities back as close to it's original operating
capacity as possible with the amount of work authorized under this contract.
Item 5.10 Performance&Payment Bond $12,038.00
Item 5.11 No sakes tax is included in this contract. It is assumed a sakes tax exemption
certificate will issued.
Item 5.12 No sidewalk or street rental is included in this contract. It is assumed the City will
waive the rental fees.
Total for Item 5.1 through 5.12 $148,949.00
Total Contract Price $814,600.00
Page 3 of 3
7 ,
BURNETT PARK EXHIBIT "B"
THOS.S.BMNE,INC.
GENERAL CONTRACTORS
INDEMNIFICATION
1. To the fullest extent permitted by law and to the extent claims, damages,
losses or expenses are not covered by Project Management Protective
Liability insurance purchased by the Contractor, the Contractor shall
indemnify and hold harmless the Owner, agents, and employees, along
with the City of Fort Worth, its agents and employees, from and against
claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from performance of the Work,
provided that such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the Work itself), but only to the extent caused by the
negligent acts or omissions of the Contractor, a Subcontractor, anyone
directly or indirectly employed by them or anyone for whose acts they
may be liable, regardless of whether or not such claim, damage, loss or
expense is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or reduce other rights
or obligations of indemnity which would otherwise exist as to a party or
person described in this Paragraph. Contractor agrees to name Owner, the
City of Fort Worth, and the Burnett Foundation as additional named
insured on Contractor's liability insurance policy covering the Project and
the Work and to deliver to Owner a Certificate of Insurance evidencing
compliance with this provision prior to commencement of the Work.
2. In claims against any person or entity indemnified under this Paragraph by
an employee of the Contractor, a Subcontractor; anyone directly or
indirectly employed by them or anyone for whose acts they may be liable,
the indemnification obligation under Paragraph 1 shall not be limited by a
limitation on amount or type of damages, compensation or benefits
payable by or for the Contractor or a Subcontractor under workers'
compensation acts, disability benefit acts or other employee benefit acts.
Page 1 of 1
041101
BURNETT PARK EXHIBIT "C"
THOS&BYRNE,INC.
GENERAL CONTRAMRS
TERMINATION
Termination by the Contractor
1. The Contractor may terminate the Contract if the Work is stopped for a period of
30 consecutive days through no act or fault of the Contractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities
performing portions of the Work under direct or indirect contract with the
Contractor, for any of the following reasons:
a. issuance of an order of a court or other public authority having jurisdiction
which requires.all work to be stopped;
b. an act of government, such as a declaration of national emergency which
requires all Work to be stopped.
c. because the owner has not made payment on Certificate for Payment
within the time stated in the Contract Documents.
2. If one of the reasons described in paragraph 1 exists, the Contractor may, upon
seven days' written notice to the Owner, terminate the Contract and recover from
the Owner payment for Work executed and for proven loss with: respect to
materials,equipment,tools, and construction equipment and machinery, including
reasonable overhead, profit and damages, based solely on the percentage of
completion methodology set forth in Article 5.
Termination by the Owner for Cause
1. The Owner may terminate the Contract if the Contractor:
a. fails to supply enough properly skilled workers or proper materials;
b. fails to make payment to Subcontractors for materials or labor in
accordance with the respective agreements between the Contractor and the
Subcontractors;
c. disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction; or
d. otherwise is guilty of material breach of a provision of the Contract
Documents.
Page 1 of 1
BURNETT PARK EXIIIBIT "D"
THOS.S.BYRNE,INC.
GENERAL CONTRACTORS
i■®
CLARIFICATION OF PARTIES IN INTEREST
Contractor understands and acknowledges that the Work is to be performed in a public
park owned by the City of Fort Worth, Texas. The City of Fort Worth is the true
"Owner" of the Project. Downtown Fort Worth Initiatives, Inc. has entered into a
contract with the City of Fort Worth for the sole purpose of administering the Project and
the Work and facilitating payments to be made to Contractor. Contractor further
understands and acknowledges that the funding for the Work is being provided by the
Burnett Foundation through a grant to Downtown Fort Worth Initiatives, Inc. Downtown
Fort Worth Initiatives, Inc. is referred to in this contract as "Owner," for purposes of
convenience and not as a representation of any ownership interest in the Project or any
role other than as Administrator of the Project under its contractual arrangement with the
City of Fort Worth.
Page 1 of 1
City of Fort Worth Texas J,
"agar andCounce! Communienflon
DATE REFERENCE NUMBERLOG NAME PAGE
10/31/00 G-13054 80PARK 1 of 2
SUBJECT ACCEPTANCE OF DONATION FROM DOWNTOWN FORT WORTH INITIATIVES,
INC. FOR RENOVATION AT BURNETT PARK AND EXECUTION OF CONTRACT FOR
IMPROVEMENTS
RECOMMENDATION:
It is recommended that the City Council:
1. Accept a donation from Downtown Fort Worth Initiatives, Inc. (DFWII) of repairs and renovations at
Burnett Park valued at$909,647; and
2. Authorize the City Manager to execute a contract with DFWII to construct improvements and repairs
to Burnett Park; and
3. Authorize the City Manager to waive all construction permit fees required for this project.
DISCUSSION:
In 1919, Samuel "Burk" Burnett gave the City of Fort Worth a 3.03-acre parcel of land located at 700
West Seventh Street, which is named Burk Burnett Park. Mr. Burnett's intent of donating the land was
to provide a site where people may assemble as a place of recreation, and particularly for relief against
the heat of our summers.
The park was originally designed with trees, benches and open spaces. However, with the
development of the downtown area in the 1970s and 80s, and the declining condition of the park,
renovation was needed. In 1985, it was redeveloped with geometric walks with grass panels, trees and
shrub beds, seating areas, color plantings plus water features and fountains. To ensure the park's
beauty, the Burnett-Tandy Foundation, through a special Grant Fund, financed all park improvements
and the yearly grounds maintenance program including the color beds.
On July 26, 1994, DFWII assumed responsibility for financing the park improvements and yearly
grounds maintenance program. In 1999, Thomas S. Byrne, Inc. conducted a park improvement study
funded by a special grant through DFWII. This study, valued at approximately $60,000, detailed many
improvements required to bring the park up to the standard operation as when it was rebuilt 15 years
ago.
DFWII, as a donation to the City, has entered into a contract for $909,847, with Thomas S. Byrne, Inc.
to perform the work recommended as part of the park improvement study. Included in this project will
be improvements to the utilities systems including irrigation, electrical, plumbing and the replacement
and/or repair of granite. It is estimated that this project will take approximately five months and will be
completed in phases so as to allow the continued use of Burnett Park.
This project is located in COUNCIL DISTRICT 9.
City of Fort Worth, Texas
"noor andCouncil Communication
--T
DATE REFERENCE NUMBER LOG NAME PAGE
10/31/00 G-13054T 80PARK 2 of 2
SUBJECT ACCEPTANCE OF DONATION FROM DOWNTOWN FORT WORTH INITIATIVES,
INC. FOR RENOVATION AT BURNETT PARK AND EXECUTION OF CONTRACT FOR
IMPROVEMENTS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this project will have no material effect on City funds.
LW:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 APPROVED
Originating Department Head: CITY COUNCIL
Richard Zavala 5704 (from) OCT 31 .2000
Additional Information Contact: 0
city Secretary of Me
Richard Zavala 5704 city of Fort Wortl4 Te:sp