HomeMy WebLinkAboutContract 42789CITY SECRETARY 4 1.:=f-'2> °1
CONTRACT NO.------
THE CITY OF FORT WORTH, TEXAS
THIS COPY IS FOR:
. CONTRACTOR ~ CITY SECRETARY
__ SPONSORING DEPT
__ PROJECT MANAGER
Police Auto Pound Facility Renovation TPw FILE copy --
TPW2011-03
. BETSY PRICE THOMAS HIGGINS
MAYOR CITY MANAGER
Douglas E. Wiersig, PE
Director, Transportation & Public Works Department
Jeffrey W. Halstead
Chief, Police Department
Elements of Architecture, Inc.
Tegrity Contractors, Inc.
-December 2011
01 -1 9-12 AQ8:44 IN
OFFICIAL RECOR t'
CITY SECRETAR'Y
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on .. 12/6/2011
DATE: Tuesday, December 06, 2011 REFERENCE NO.: **C-25314
LOG NAME: 35AUTO POUND RENOVATION
SUBJECT:
Authorize Execution of a Construction Contract with Tegrity Contractors, Inc., in an Amount Up to
$179,950.00 to Renovate the Police Auto Pound Facility (COUNCIL DISTRICTS 2 and 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Construction Contract in an amount
up to $179,950.00 with Tegrity Contractors, Inc., to renovate the Police Auto Pound Facility.
DISCUSSION:
This Mayor and Council Communication (M&C) is to award the Construction Contract for the renovation of
the Police Auto Pound Facility. The Request for Competitive Sealed Proposals was advertised in the Fort
Worth Star-Telegram on July 28 , 2011 and August 4, 2011 . Six firms submitted proposals and three of
these firms submitted the required Post-Bid Pre-Award documents. The following three proposals were
received:
Tegrity Contractors, Inc. $179,950.00
Mart, Inc. $194,500.00
Scott Dennett Construction, LC $212,962.00
Based on a weighted matrix including price, schedule, M/WBE participation, reputation and experience,
Tegrity Contractors, Inc., was determined to offer the best value for the City. The overall project cost for
this project is expected to be:
Design (Previously Funded)
Construction $179,950.00
Contingency, Staff $ 34,050.00
Total $214,000 .00
Tegrity Contractors, Inc., is in compliance with the City's M/WBE Ordinance by committing to 26 percent
M/WBE participation. The City's goal for this project is 16 percent.
The project is physically located in COUNCIL DISTRICTS 2 AND 8 but will serve Fort Worth residents in
all COUNCIL DISTRICTS.
Logname: 35AUTO POUND RENOVATION Page 1 of 2
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Federal Awarded Asset Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATIACHMENTS
FROM Fund/Account/Centers
R107 539120 0357000
Charles W. Daniels (6601)
Jeffrey W. Halstead (4200)
Robert Hicks (3510)
1. 35AUTO POUND RENOVAT ION Compl iance Memo .pdf (CFW Internal)
2. RE MC fu nding approvals .htm (CFW Internal)
Logname: 35AUTO POUND RENOVATION
$179,950.00
Page 2 of2
\ ll \ "
POLICE DEPARTMENT
VEHICLE IMPOUND LOT
2500 BRENNAN STREET
fORTWORTH ®
I. "
Project: POLICE AUTO POUND FACILITY RENOVATIONS
2500 BRENNAN AVENUE
FORT WORTH
Project#:
TPW Project#: TPW2011-03
Bid Date : AUGUST 25, 2011
Advertised: JULY 28, 2011 & AUGUST 4, 2011
1 2
Tegrity Contractors, Inc. Mart, Inc.
TRANSPORTATION AND PUBLIC WORKS
ARCHITECTURAL SERVICES
BID TA BULA TION
Tabulated by:
Eng. Estimate:
Addendums :
3
Scott Dennett
Construction, LC
2313 Cullen Street
Fort Worth, Texas 76107
817-882-9420
817-882-9424 FAX
VICKI MCDONALD
$
1
330,000.00
4
Prime Construction
Company
8101 Valcasi Drive , Ste 101
Arlington, Texas 76001
817-572-5550
817-572-6354 FAX
106 E University Drive
McKinney, TX 75069
972-562-6060
972-562-6064 FAX
roger@tegrity-contractors .com
1503 Perry Street
Irving , TX 75060
972-721-1522
972-721-1660 FAX
mart@martgc.com shawnm@dennettconstruction.com jmoody@primeconstructionco.com
DESCRIPTION
BASE BID $
ADDENDUM'S :
UNIT PRICES
Item A
Item B
ltemC
CALENDAR DAYS :
$
$
$
BID BID
179,950 .00 $ 194,500.00 $
90
25 .00 LF $
(3 .00) LF $
29.00 LF $
80
28.00 LF $
(3 .00) LF $
30 .00 LF $
BID BID
212,962.00 $ 242,000.00
22.00 LF $ 40 .00 LF
(3.00) LF $ (8 .00) LF
25 .00 LF $ 45 .00 LF
68 150
1 of 1
5 6
Cooper General Dream Construction, L.P.
Contractors
1225 E Crosby Road , Ste A 1 520 E NW Hwy, Ste 100
Carrollton, TX 75006 Grapevine, TX 76051
972-245-7960 817-442-1129
972-245-7970 FAX 817-442-1160 FAX
csonger@coopergencon .com marvin@dreamconstructionlp.com
BID BID
$ 274,000.00 $ 308 ,130.00
$ 35.00 LF $ 24.20 LF
$ (18 .00) LF $ (22 .00) LF
$ 45.00 LF $ 27 .50 LF
1
90 58
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
Police Auto Pound Facility Renovation
Request for Proposals Submittal Date: August 25, 2011 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows :
1. Revise the M/WBE contact telephone number to (817) 212-267 4.
2 . The City of Fort Worth will provide the on -site temporary electrical power and water.
3 . There will be no Allowances for this Work.
4 . Use the Revised Proposal Form that has unit pricing items (Attachment 1 ).
5 . Attached is the Pre-Proposal Attendees list (Attachment 2).
6 . Attached is a copy of the M/WBE Request for Listing Form (Attachment 3),
7 , To visit the project site , go to the main office between 7:00 AM - 3:00 PM on Monday
through Friday. The project is located at 2500 Brennan Avenue in Fort Worth .
Acknowledge the receipt of this Addendum No . 1 on your Proposal.
DOUGLAS E. WIERSIG, PE
DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPARTMENT
By: ---------
Wes Cloud, Space Planner
Project Manager
Facilities Management Division
(817) 392-7401 or FAX (817) 392-8488
RELEASE DATE: August 15 , 2011
Police Auto Pound Facility Renovation
Addendum No . 1 (August 15 , 2011)
NOTICE TO OFFERORS ·
Proposals for the renovation of the Police Auto Pound Facility located at 2500 Brennan Avenue , Fort
Worth , Texas, will be received at the Purchasing Office , City of Fort Worth , 1000 Throckmorton , Fort
Worth , 76102 , until 1 :30 P.M ,, Thursday, August 25 2011, and will be opened and publicly read aloud
approximately thirty minutes later in the Council Chambers ..
After evaluating the Proposals subm itted , the City shall select the Offeror that offers the Best Value to the
City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options
for a scope or time modification and any price change associated with such modification.
A Pre-Bid Conference will be held at 10:00 A.M., Tuesday, August 9, 2011 at the Architectural Services
conference room located at 401 West 13th Street, Fort Worth.
The offers will be valid for ninety (90) calendar days. Estimated construction cost is in the $330,000
range .
MWBE participation will be evaluated in awarding this Contract. The MWBE participation requirement is
16%. Offerors must submit an M/WBE Plan on your own forms within 5 business days of sut:imitting
their Best Value Proposal. Refer to Paragraph 2, Minority and Women Bus in ess Enterprise (M/WBE)
(Best Value Proposal) in the Instruction to Offerors . Failure to document proposed attainment will remove
the Proposal from further consideration. Contact the M/WBE Office at (817) 392-6104 to obtain list of
certified subcontractors and suppliers.
Submit the M/WBE Plan in Paragraph 2 and Post Bid-Pre-Award documents in Paragraph 8 within 5
business days of submitting the Best Value Proposal. Submit these documents by 5:00 PM to
Architectural Services at 401 West 13th Street, Fort Worth , Texas 76102.
Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made
will be required to provide Payment and Performance Bonds. and provide Contractors General Liability and
Statutory Workers Compensation Coverage.
If you intend to submit a proposal, inform the below City Contact or Architect who can then inform
interested subcontractors. ·
General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions,
Drawings , and Specifications through their printer. The bid documents may be viewed and printed on .,line.
Bid documents are not available at the City. The bid documents may be viewed and printed on-line by
logging on to https://projectpoint.buzzsaw.com /fortworthgov with the user name "Cowtown ", password
"Cowtown2004 ", and click on "T/PW Facility Projects ". Contact the Project Manager, Wes Cloud , at
(817) 392-7401 or Email wes .cloud@fortworthgov.org for assistance.
For additional information contact Mike Smith at Elements of Architecture, Inc. (817) 333 .2880, or Email :
m sm ith@elementsofarc.com ..
Advertisement: July 28, 2011
August 4 , 2011
Instructions to Offerors Page 2 of25
Police Auto Pound Facility Renovation (December 2011)
NOTICE TO OFFERORS
TABLE OF CONTENTS
INSTRUCTIONS TO OFFERORS
PROPOSAL
TABLE OF CONTENTS
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
WAGES RATES
WEATHER TABLE
GENERAL CONDITIONS
CONSTRUCTION CONTRACT
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW
PROJECT SIGN
Instructions to Offerers
Police Auto Pound Facility Renovation (December 2011)
Page 3 of25
INSTRUCTIONS TO OFFERORS
1. PROPOSAL REQUIREMENTS : The following requirements shall be used in the preparation of the
response to this Request for Sealed Proposals :
• Use the Proposal Form provided below.
• Entries on the Proposal Form may be handwritten or typed.
• Write in contract duration if not specified.
• Acknowledge all addenda on the Proposal Form.
• . Have a Principal sign the Proposal. If the Offeror is a corporation , the president or a vice-
president must sign the Proposal. If the Offeror is a partnership , then the person/entity who is the
managing/general partner must sign the proposal.
• Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to
the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid
submitted.
In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority
from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000
from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the
holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a
surety on obligations permitted or required under federal law. Satisfactory proof of any such
reinsurance shall be provided to the City upon request. The City, in its sole discretion, will
determine the adequacy of the proof required herein .
1A. SELECTION OF CONTRACTOR:
The City shall select the Offeror that offers the best value based upon the following criteria and on
its ranking evaluation.
In determining the Best Value Offeror, the City will consider:
1. Proposed price (60%)
2. Proposed level ofMWBE participation (10%)
3. Proposed project schedule (10%)
4 . Reputation/experience of the Offeror as demonstrated by past project work and the report of
references ( 1 0%)
5. Offeror's past relationship with the City. (10%)
**NOTE**: If the Offeror does not have previous work experience with the City, then the reputation
evaluation criterion will represent 20% of the overall score
After ranking the responses to the RFP , the City shall first attempt to negotiate a contract with the
selected Offeror. The City and its architect may discuss with the selected Offeror options for a
scope or time modification and any price change associated with the modification.
If the City is unable to negotiate a contract with the selected Offeror, the City shall , formally and in
writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the
selection ranking until a contract is reached or all proposals are rejected.
Instructions to Offerers Page 4 of25
Police Auto Pound Facility Renovation (December 2011)
2 . MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) (BEST VALUE PROPOSAL)
All Offerors shall note that it is the policy of the C ity of Fort Wo rt h to ensu re the full and equitable
participation of Minority and Women Business Enterprises (M/WBE) in the procurement of
serv ices with a fee of $25 ,000 or more by establishing an M/WBE goal.
Within five (5) City business days from proposal submittal da te , exclusive of t he proposal
subm ittal date, all Offerors will be required to subm it information concerning the M/WBE(s) that
will participate in the contract. The M/WBE goal is 16%. The information shall include: (1) the
name , address and telephone number of each M/WBE and non-M/WBE ; (2) the description of the
work to be performed by each · M/VVBE and non -M/WBE ; and (3) the approxima te dollar
amount/percentage of the participation for each M/WBE and non-M/WBE.
Use your own forms . Submit the forms by 5:00 PM on the fifth City business day from the
proposal submittal date to Architectural Services . 401 West 131
h Street, Fort Worth , Texas 76102 .
The M/WBE firm(s) must be located or doing business in the Ci ty's geographic market area that
include the following nine (9) counties : Tarrant , Parker , Johnson , Collin , Dallas , Denton , Ellis ,
Kaufman and Rockwall . The M/WBE firm(s) must be currently certified or in the process of being
certified by the North Gentral Texas Regional Cert ification Agency (NCTRCA), or Texas
Department of Transportation (TXDOT), Highway Division prior to recommendation for award
being made by the City Council.
If you cannot meet the C ity's M/WBE goal for this project , then a deta iled explanation must be
subm itted to explain the Good and Honest Efforts your firm made to secure M/WBE participat ion .
Contact the M/WBE Office at (817) 392-6104 to obtain list of certified subcontractors and
suppliers .
Failure to submit the M/WBE participation information or the detailed explanation of the Offeror's
Good and Honest Efforts to meet or exceed the stated M/WBE goal , may render the proposal
non-responsive . The plan will be part of the final weighted selection criteria.
3. BID SECURITY: Cashier 's check or an acceptable bidder's bond payable to the C ity of Fort
Worth, in an amount of five (5) per cent of the bid submitted [See paragraph 1 above]. The Bid
Security must accompany the bid and is subject to forfeit in the event the successful bidder fails to
execute the contract documents within ten (10) days after the contract has been awarded . The
Bid Security shall be included in the envelope contain ing the bid proposal. Failure to submit the
Bid Security will result in the proposal not being considered for this project. Bidder's bond w ill be
returned if the C ity fails to award the contract within 90 calendar days of receipt of bids, unless the
Bidder agrees to an extension . The surety must be licensed to do business in the state of Texas .
4. PAYMENT BOND AND PERFORMANCE BOND : For projects in excess of $25 ,000 , the
successful bidder entering into a contract for the work will be required to give the City surety in a
sum equal to the amount of the contract awarded. The form of the bond shall be as herein
provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet
the requirements of Texas Government Code Section 2253 , as amended .
In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority
from the Untied States secretary of the treasury to qualify as a surety on obligations perm itted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000
from a re insurer that is authorized and admitted as a reinsurer in the State of Texas and is the
holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a
surety on obligations permitted or requ ired under federal law. Satisfactory proof of any such
Instructi ons to Offerors Page 5 of 2 5
Police Auto Pound Facility Renovation (December 2011 )
reinsurance shall be provided to the City upon request. The C ity, in its sole discretion, will
determine the adequacy of the proof required herein .
No sureties will be accepted by the City that are at the time in default or delinquent on any bonds
or which are interested in any litigation against the City. Should any surety on the contract be
determined unsatisfactory at any time by the City, notice will be given to the contractor to that
effect and the contractor shall immediately provide a new surety satisfactory to the City
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump
sum. Payment shall not be made for a period of 45 calendar days from the date the work has
been competed and accepted by the City.
If the contract is in excess of $25 ,000, a Payment Bond shall be executed, in the amount of the
contract, solely for the protection of all claimants supplying labor and materials in the prosecution
of the work.
If the contract amount is in excess of $100 ,000, a Performance Bond shall also be provided, in the
amount of the contract, conditioned on the faithful performance of the work in accordance with the
plans, specification , and contract documents . Said bond shall be solely for the protection of the
City of Fort Worth.
5 . PRE-BID SITE INVESTIGATION: Prior to filing a response, the bidder shall examine the site(s) of
the work and the details of the requirements set out in these specifications to satisfy itself 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 response by the bidder
shall be considered evidence that it has complied with these requirements .
6 . AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the
proposal.
7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must be
paid on this project.
8. POST BID -PREAWARD SUBMITTALS: Offerers are required to submit the following
information to the Architectural Services Division , Facilities Management Group, 401 West 13th
Street, Fort Worth, Texas 76102 (phone number 817-392-8088), within five business days
subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid
opening) in order to assist City staff in determining the Contractor's capability of performing the
work and in meeting City contract requirements:
Minority/Women's Business Documentation (for bids in excess of $25,000)
Contractors Qualification Statement (AIA Form A305), including client references .
Proposed Subcontractors and Suppliers
Project Schedule
Schedule of Values or Divisions 1 through 16 Breakouts
Proof of insurability for Statutory Workers Compensation Insurance
Submit the documents by 5 :00 PM on the fifth City business day from the proposed submittal
date to Architectural Services, 401 West 131
h Street, Fort Worth, Texas 76102 .
9 . PROPOSED SUBCONTRACTORS : Acceptance of the bid in no way requires the City to accept
the qualifications of the subcontractors. The Subcontractor lists are for use by the City in
preparing recommendations for award of the contract. The Contractor must provide and use
subcontractors listed unless the City agrees to allow a substitute. ·
Instructions to Offerors Page 6 of25
Police Auto Pound Facility Reno vation (December 2011 )
10 . DISCREPANCIES AND ADDENDA :
Should a Offeror find any discrepancies in the drawings and specifications , or should it be in doubt
as to their meaning, it shall notify the City at once. If required , the City will then prepare a written
addendum that will be ava ilable to all Offerors at the place designated for distribution of Bid
Documents by the Notice to Offerors . The Contractor is responsible for determining if addenda
are available and for securing copies prior to submitting a response to this request for sealed bids.
Oral instructions or decisions unless confirmed by written 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.
Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause
the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda
and include its information in the Proposal.
11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that
coverage is in effect at time of Award of Contract. Sample Certificate of Insurance , or other proof
that Workers Compensation Insurance will be obtained, must be submitted within five working
days of bid opening
12. TAXES : Equipment and materials not consumed by or incorporated into the work are subject to
State sales taxes under House Bill 11, enacted August 15 , 1991.
13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits
required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate
permits may be required for each work location.
14 . UTILITIES AND IMPACT . FEES : The City will pay water and sewer utilities tap fees and impact
fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and
meters to the property line. The Contractor will include all remaining fees from the electrical and
gas companies in the base bid. The Contractor will be responsible for coordinating with City and
utility companies for installation of utilities. Unless indicated otherwise on the plans, the contractor
will be responsible for costs and installations from the building side of the water meter and sewer
tap.
15. BID DOCUMENTS: Hard copies of bidding documents can be downloaded and printed by the
Offeror.
16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are
descriptive , not restrictive . Use of brands of like nature and quality will be considered. Upon
request of the architect or contractor, the contractor will submit a full sized sample and/or detailed
information as required to allow the architect to determine the acceptability of proposed
substitutions. Where equipment has been listed as "no substitute accepted ", the City will accept
no alternates to the specified equipment. Also refer to specification section 01630 Product
Options and Substitutions.
17. TESTING SERVICES : The City shall provide for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services
necessary for the acceptance of the construction work.
18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement
will , at the minimum, include the following: quality control submittals and approvals, mobilization ,
site preparation, under slab utilities, foundation work, structural erection, interior finish ,
commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram .
Instructions to Offerers Page 7 of25
Police Auto Pound Facility Renovation (December 2011)
TO: MR THOMAS HIGGINS
INTERIM CITY MANAGER
ATTN: PURCHASING OFFICE
1000 THROCKMORTON
CITY OF FORT WORTH, TEXAS
FOR: Police Auto Pound Facility Renovations
2500 Brennan Avenue
Fort Worth, Texas
roject No. TPW2011-03
Pursµant to the oregoing "Instructions to Offer rs," the undersigned has
thoroughly exam, ed the plans, specifications and the site, understands the
amount of work to done, and hereby propo es to do all the work and furnish
all labor, equipment d materials_ necessary o fully complete all the work as
provided in the plans a d specifications, and subject to the inspection and
approval of the Director Transportation a cl Public Works of the City of Fort
Worth.
Upon acceptance of this Prop sal by the ity Council, the bidder is bound to
execute a contract and, if the tract ount exceeds $25,000.00, furnish
acceptable Performance and/or ym nt Bonds approved by the City of Fort
Worth for performing and completi e Work within the time stated and for the
following sum, to wit:
DESCRIPTION OF ITEMS
Completion within __ O_· _calendar days afte date of Notice to Proceed.
UNIT PRICES
(I)
A Item: 18" Pien depth/foot-additional: $ <75 II ear foot
$
B. [tern: 18" Pi r; depth/foot -reduction: $ 3 /linea oot
C. Item; Ca ng for 18" Pier; depth/foot -additional: $----~~
Addendmn No. 1. Revised Proposal (Attachment No. 1)
Police Auto Pound Facility Renovation (August 15, 20 J 1)
Page 1 of3
REVISED PROPOSAL FORM
TO: MR THOMAS HIGGINS
INTERIM CITY MANAGER
ATTN: PURCHASING OFFICE
1000 THROCKMORTON
CITY OF FORT WORTH, TEXAS
FOR: Police Auto Pound Facility Renovations
2500 Brennan Avenue
Fort Worth, Texas
Project No. TPW2011-03
Pursuant to the foregoing "Instructions to Offerers," the undersigned has
thoroughly examined the plans, specifications and the site, understands the
amount of work to be done, and hereby proposes to do all the work and furnish
all labor, equipment and materials necessary to fully complete all the work as
provided in the plans and specifications, and subject to the inspection and
approval of the Director of Transportation and Public Works of the City of Fort
Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to
execute a contract and, if the contract amount exceeds $25,000.00, furnish
acceptable Performance and/or Payment Bonds approved by the City of Fort
Worth for performing and completing the Work within the time stated and for the
following sum, to wit:
DESCRIPTION OF ITEMS
Base Bid df I "l c::L 'i S' () .-q9
Completion wtthln Cf O calendar days after date of Notice to Proceed.
UNIT PRICES
d)
A Item: 18" Pier; depth/foot -additional: $ <J-5 /linear foot.
4}-
B. Item: 18" Pier; depth/foot -reduction : $ .3 /linear foot
C. Item; Casing for 18" Pier; depth/foot -additional: $ a't ¢ /linear foot
Addendum No . 1, Revised Proposal (Attachment No. I)
Police Auto Pound Facility Renovation (August 15 , 2011)
Page I of3
The undersigned agrees to complete the Work within the calendar days specified
above after the date of Notice to Proceed. A Project Schedule will be submitted
as required in the Instructions to Offeror.
The City reserves the right to accept or reject any and all bids or any
combination thereof proposed for the above work..
The undersigned assures that its employees and applicants for employment and
those of any labor organization, subcontractors or employment agency in either
furnishing or referring employee applicants to the undersigned are not
discriminated against as prohibited by the terms of City ordnance 7278 as
amended by City Ordnance 7400 (Fort worth Code section 13A-21 through
13A-29).
Residency of Offerers: The 1985 Session of the Texas Legislature passed
house Bill 620 relative to the award of contracts to non-resident bidders. The law
provides that, in order to be awarded a contract as low bidder, non-resident
bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest
Texas resident bidder by the same amount that Texas resident bidder would be
required to underbid a non-resident bidder in order to obtain a comparable
contract in the state in which the non-resident's principal place of business is
located. The appropriate blanks in Section A must be filled out by all
non-resident bidders in order for your bid to meet specifications. The failure of
out of state or non-resident bidders Failure to complete the forms may disqualify
that bidder. Resident bidders must check the box in Section 8 .
A.
8.
IJ Non-resident vendors in (give state),
our principal place of business, are required to be
percent lower than resident bidders by state law.
IJ Non-resident vendors in (give state), are
not jj3quired to underbid resident bidders.
L~ Our principal place of business or corporate offices
are in the State of Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful
bidder will execute the formal contract and will deliver approved Performance
and Payment Bonds for the faithful performance of this contact. The attached
deposit check in the sum of Dollars ($ ) is to become the
property of the City of Fort Worth, T exast or the attached Bidder's Bond is to be
forfeited in the event the contract and bonds are not executed within the time set
forth, as liquidated damages for delay and additional work. caused thereby.
Addendwn No . 1, Revised Proposal (Attachment No. 1)
Police Auto Pound Facility Renovation (August 15, 2011)
Page2of3
MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess
of $25,000)
• I am aware that I must submit information the Director, Transportation and
Public Works, concerning the M/WBE participation within FIVE BUSINESS
DAYS of submittal of this Proposal in order to be considered RESPONSIVE.
Respectfully submitted,
Company Name ; le..3 r-'.'\.J (~ i-rc c. h;).r s
By:
Signature ~
Address:
Printed Name of Principal '/<o Je" Z,Jf, f.k. Title 02'(' fre s, ;,._ I
Street /of; C . u~:1/(r,$,~,,
City /J1Jc,;,~,.1 7X Zip 7SoC, 1
Phone: C,7 l ..s6 Z t, o' O £)£ f I
Fax: t:/72. S-b 2 bo6 cf
Email: Coj tr(3 .1-:f "'''-CCYL -f,..c c 'h,,,.s . Co-
Receipt is acknowledged of the following addenda:
Addendum No. 1: V
AddendumNo.2:.~~~
AddendumNo.3:.~--
AddendumNo.4:. __ _
Addendum No. 5: ·---
Addendum No. 6: ·---
Addendum No. 7:. __ _
Addendum No. 8:. __ _
Addendum No. 9: ·---
Addendum No. 1 O: ·---
Addendwn No. 1, Revised Proposal (Attachment No. 1)
Police Auto Pound Facility Renovation (August 15, 2011)
Page 3 of3
,
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
Name of Purchaser, Firm or Agency: City of Fort Worth, Texas
Address (Street & Number, P.O. Box or Route Number): 1000 Throckmorton
City, State, Zip Code: .,__F-""o~rt_,_W..!.:o~rt.=!h.!.T-.!T.::::e~x""'as"-'--76:,c.1.,_,0=2=-----------
Telephone: (817) 392-8360
I, the purchaser named above, claim an exemption from payment of sales and use
taxes for the purchase of taxable items described below or on the attached order or
invoice from:
All vendors
Description of the items to be purchased, or on the attached order or invoice:
All items except motor vehicles as listed below
Purchaser claims this exemption for the following reason :
Governmental Entity
I understand that I will be liable for payment of sales or use taxes which may become
due for failure to comply with the provisions of the state, city, and/or metropolitan transit
authority sales and use tax laws and comptroller rules regarding exempt purchases.
Liability for the tax will be determined by the price paid for the taxable items purchased
or the fair market rental value for the period of time used .
I understand that it is a misdemeanor to give an exemption certificate to the seller for
taxable items which I know, at the time of purchase, will be used in a manner other than
expressed in this certificate and that upon conviction I may be fined not more than $500
per offense. \l...,.,j/\)
Purchaser; ~
Title: Purchasing Manager Date : February 1. 2007
Note: This certificate cannot be issued for the purchase, lease or rental of a motor
vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID
Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist.
This certificate should be fumished to the supplier. Do not send the completed
certificate to the Comptroller of Public Accounts.
Police Vehicle Impound Lot Renovation (December 2011)
Classification
AC Mechanic
AC Mechanic Helper
Acoustical Ceilimi Mechanic
Bricklayer/Stone Mason
Bricklayer/Stone Mason Helper
Carpenter
Carpenter Helper
Concrete Finisher
Concrete Form Builder
Drywall Mechanic
Drywall Helper
Drywall Taper
Drywall Taper Helper
Electrician (Journeyman)
Electrician Helper
Electronic Technician
Acoustic Ceiling Helper
Floor Layer (Resilient)
Floor Layer Helper
Glazier
Glazier Helper
Insulator
Insulator Helper
Laborer Common
Laborer Skilled
Lather
Painter
Painter Helper
Pipefitter
Pipefitter Helper
Plasterer
Plasterer Helper
Instructions to Offerors
2009 PREVAILING WAGE RATES
CONSTRUCTION INDUSTRY
Hrly Rate Classification
$25.92 Plumber
$15.81 Plumber Helper
$15 .56 Reinforcing Steel Setter
$18 .54 Roofer
$10.39 Roofer Helper
$17 .08 Sheet Metal Worker
$13.45 Sheet Metal Worker Helper
$13.97 Sprinkler System Installer
$14 .03 Sprinkler System Installer Helper
$16.10 Steel Worker Structural
$12.43 Concrete Pump
Crane , Clamsheel, Backhoe , Derrick ,
$15 .00 D'Line Shovel
$11. 50 Forklift
$21.77 Front End Loader
$15.32 Truck Driver
$20.00 Welder
$12.27 Welder Helper
$18 .00 Concrete Finisher Helper
$10.00 Concrete Form Builder Helper
$18 .53 Lather Helper
$13.49 Metal Buildinci Assembler
$16.59 Metal Buildinci Assembler Helper
$11.21 Reinforcing Steel Setter Helper
$10 .47 Steel Worker Structural Helper
$13.24 Foundation Drill Operator
$17.00
$12.57
$9.98
$21.14
$14 . 92
$17 .24
$12.85
Police Auto Pound Facility Renovation (July 2011)
Hrly Rate
$20 .33
$14 . 95
$13 .01
$16.78
$12.33
$17.49
$14.16
$19.17
$14.15
$19 .28
$18 .50
$17 .81
$12. 96
$13 .21
$15 .21
$17 .81
$12 .55
$12 .14
$11 .72
$15 .00
$16 .00
$12 .00
$11 .19
$13 .74
$22 .50
Page 12 of25
(1)
(2)
(3 )
*
WEATHER TABLE
Month Average Inches of
Days of Rainfall
Ra in
January 7
February 7
March 7
April 8
May 8
June 6
July 5
August 5
September 7
October 5
November 6
December 6
I ANNUALLY 77
Mean number of days ra i nfall , 0 .01" or more
Average normal precipitation , in inches
Mean number of days 1 .0 inch or more ·
Less than 0 .5 i nches
1.80
2 .36
2 .54
4 .30
4.47
3 .05
1.84
2 .26
3 .15
2 .68
2 .03
1.82
32 .30
Snow/Ice
Pellets
1
*
*
0
0
0
0
0
0
0
*
*
1
This table is based on information reported from Dallas-Fort Worth Reg ional Ai r port , Texas.
Latitude 32 deg 54 min north , longitude 97 deg 02 min West, elevation (ground) 551 ft .
Average number of days of ra i n , snow, and ice are based on records covering 27 years .
Precipitation is based on record of 1941 -1970 period
This table is to be used as a basis for calculation of excess rain or weather days for projects with
duration in calendar days . If the site records indicate that the Contractor was unable to carry out
operations due to weather, it is counted as a weather day. If the number of weather days exceeds
the number of average ra i n days plus the snow/ice-pellet days for a given month , the contract
period will be adjusted by Change Order.
In stru ctio ns to Offerors Page 13 of25
Po lice Auto Pound Faci lity Renovat ion (J ul y 201 I )
City of Fort Worth, Texas
Transportation Public Works Department
Facilities Management Group/Architectural Services Division
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
LUMP SUM CONTRACT
SECTION A
DEFINITIONS, PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting
forth or affecting the rights of the part ies , including but not necessarily lim ited to , the Contract , Notice to Bidders , Proposal , General
Conditions , Special Cond itions , Specifications , Plans , Bonds and all Addenda , Amendments signed by all parties , Change Orders ,
written Interpretations and any wr itten Field Order for a minor change in the Work .
A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties , and no prior or
contemporaneous , oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the
Contract Documents. After being executed , the Contract Documents can be changed only by a written Amendment signed by the
Contractor and t he Owner , or Change Order , or by a written Field Order for a minor change .
A-3 WORK : By the term Work is meant all labor , supervision, materials and equipment necessary to be used or incorporated
in order to produce the construction required by Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in six originals , with all
required attachments, including required bonds and insurance certificates , by the Contractor and the Owner in such form as may be
prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and
provide required enclosures will be grounds for revocation of award and taking of Bid Bond .
A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the bidder shall examine carefully the , plans ,
specifications, special provisions, and the form of contract to be entered into for the work contemplated . He shall examine the site
of work and satisfy himself as to the conditions that will be encountered relat ing to the character, qual ity 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 cond it ions actually encountered in construction and as indicated by
the plans will not be allowed .
A-6 ONE UNIFIED CONTRACT: Insofar as possible , the Contract Documents will be bound together and executed as a
single unified Contract. The intention of the Contract Documents being to provide for all labor, supervision , materials , equipment and
other items necessary for the proper execution and completion of the Work. Words that have well -recogn ized 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 bind ing upon the Contractor in dividing the work among Subcontractors or Trades .
A-8 INTERPRETATIONS: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary
for the proper execution or progress of the work . Such Interpretations shall be furnished at the instance of the Arch itect or at the
request of the Contractor, or Owner , and will be issued with reasonable promptness and at such times and in accordance with such
schedule as may be agreed upon . Such Interpretations shall be consistent with the purposes and intent of the Plans and
Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the
Architect or each other involving the interpretation of the Contract Documents , the evaluation of work or materials performed or
furnished by the Architect Contractor , or any subcontractor or materialsman , or involving any question of fault or liability of any party ,
the decision of the Owner shall be final and binding .
In the event of inconsistency in the contract documents , the following sequence for interpretation shall be used in order of
precedence : Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings ; Notes and
dimens ions on Drawings; Technical Specificat ions ; Special Provisions ; Supplementary General Conditions ; General Conditions ;
and , Construction Contract.
A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor free of charge 15
sets of working Drawings and 15 sets of Specifications . Cont ractor shall pay the cost of reproduction for all other copies of
Drawings and Specifications furnished to him .
All Drawings , Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the
Owner. They are not to be used on any other project and , with the except ion of one Contract set for each Party to the Contract , are
to be returned to the Owner on request at the completion of the work .
General Conditions for Facility Construction Lump Sum Contract
Police Vehicle Impound Lot at Brennanarch (December 2011)
1 of 26
A-10 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) POLICY: The City of Fort Worth has goals for the
participation of Minority and Women Business Enterprises (M/WBE) in City contracts . Compliance with the pol icies designed to
meet these goals is mandatory in order to be cons idered a responsive bidder. The City policy and procedures to be fo llowed in
submitting bids is included .
The City of Fort Worth MWBE Program will take precedence over other subcont ractor utilization programs on Block Grant and other
federally funded Projects .
A-11 CORRELATION AND INTENT: In general , the drawings indicate dimension , locations , pos itions , quantities , and kinds of
construction ; the specifications indicate the quality and construction procedures required . Work indicated on the drawings and not
specified of vice-versa , shall be furnished as though set forth in both. Wo rk not detailed , marked or specified shall be the same as
similar parts that are detailed, marked or specified . If the drawings are in conflict or conflict with the specificat ions the better qual ity
or greater quantity or work or materials shall be estimated and shall be furnished or included . Dimensions on drawings shall take
precedence over small -scale drawings. Drawings showing locations of equipment , piping , ductwork , electrical apparatus , etc., are
diagrammatic and job conditions may not allow installation in "the exact location shown . Relocation shall not occur without t he
Architects approval.
A-12 AGE : In accordance with the policy ("Policy") of the Executive Branch of the federal government , Contractor covenants
that ne ither ii nor any of its officers, members , agents , employees , program participants or subcontractors , while engaged in
performing this contract , shall , in connection with the employment , advancement or discharge of employees or in connection with
the terms, conditions or privileges of their employment , discriminate aga inst persons because of their age except on the basis of a
bona fide occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers , members . agents . employees . subcontractors . program participants . or
persons act ing on their behalf, shall specify , in solicitations or advertisements for employees to work on this contra ct , a ma ximum
age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification ,
retirement plan or statutory equipment.
Contractor warrants it will fully comply with the Pol icy and will defend , indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors ' alleged fa ilure
to comply with the above referenced Policy concerning age discrim ination in the performance of this agreement.
A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor
warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of
services to the general public , nor in the availability, terms and/or conditions of employment for applicants for employment with. or
employees of Contractor or any of its subcontractors . Contractor warrants it will fully comply with ADA provisions and any other
applicable federal , state and local laws concerning disability and will defend , indemnify and hold City harmless aga inst any claims or
allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors ' alleged
failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement.
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION: Where the term "Architect" is used in the "General Conditions of the Contract for
Construction ", it shall refer to the Director , Transportation and Public Works or his designated Building Construction Manager. The
Director, Transportation will designate a Project Manager and Building Construction Manager (BCM ) to administer this contract and
perform the functions of the "Architect" as indicated in the Gene ral Conditions. The design architect or engineer may also be
designated to perform the duties of "Architect". The term "City" and "Owner" are used interchangeably and refer to the City of Fort
Worth as represented by the Director of Transportation and Public Works or his designated representative .
B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to term inate the Project for any reason . If the
project is term inated , the Contractor shall :
a) Stop work under the Contract on the date and to the extent specified on the notice of termination .
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated .
c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the
notice of termination.
After termination as above , the City will pay the Contractor a proportionate part of the contract price based on the work completed ;
provided , however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocatable to the work not completed and further reduced by the amount of payments , if, any otherwise made . Contractor
shall submit its claim for amounts due after termination as provided in this paragraph with in 30 days after receipt of such claim . In
the event of any dispute or controversy as to the propriety or allowability of all or any port ion of such claim under this paragraph ,
such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth . and the decision by the
City Council of the City of Fort Worth shall be final and binding upon all parties to this contract .
General Conditions for Facility Construction Lump Sum Contract
Police Vehicle Impound Lot at Brennanarch (December 2011)
2 of 26
B-3 DUTIES OF THE ARCHITECT: As used herein , the term Architect means the Architect or his authorized representat ive.
Nothing contained in these Contract Documents shall create any privily of Contract between the Architect and the Contractor .
B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Building Construction Manager will provide general
administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent
provided in the Contract Documents unless changed in wr iting by the Owner . The Architect will be available for conferences and
consultat ions with the Owner or the Contractor at all reasonable times.
B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and
progress . The Contractor shall provide facilities for such access so the Arch itect may perform its assigned functions under the
Contract Documents.
The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if
the work is proceeding in accordance with the Contract documents. On the bas is of on-site observations , the Architect will keep the
Owner informed of the progress of the Work and will endeavor to guard the Owner aga inst defects and deficiencies in the Work of
the Contractor . Based upon such observations and the Contractor's applications for payments, the Building Construction Manager
will make determinations and recommendations concerning the amounts owing to t he Contractor and will issue certificates for
payment amounts .
B-6 INTERPRETATIONS: The Architect will be, in the first instance , the interpreter of the requirements of the Plans and
Specifications and the judge of the performance thereunder by the Contractor , subject to the final decision of the Owner.
The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents .
B-7 AUTHORITY TO STOP WORK : The BCM will have authority to reject work that does not conform to the Plans and
Specifications . In add ition , whenever, in its reasonable opinion , the BCM considers it necessary or advisable in order to insure the
proper realization of the intent of the Plans and Specificat ions , the BCM will have authority to require the Contractor to stop the
Work or any portion thereof , or to require special inspection or testing of the Work whether or not such Work be then fabricated,
installed or completed .
B-8 MISCELLANEOUS DUTIES OF ARCHITECT
Shop Drawings . The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal
will be provided to the Owner by the Architect. Three copies will be returned to the Contractor.
Change Orders . Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner
Guarantees . The Owner will receive all written guarantees and related documents required of the Contractor . Upon completion of
the project the Contractor shall provide the Owner five copies of each guarantee .
Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the
dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the
Certificate of Completion .
Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation , operation , and
maintenance brochures and manuals required of the Contractor.
B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the
Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works , or
shall appoint a successor Architect against whom the Contractor makes no reasonable objection .
SECTION C
OWNER
C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives
in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager , the Director and of
Transportation and Public Works Department and members of the Facilities Management Division . Generally speaking a
designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as
a point of contact for day-to-day contract administration .
C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics , legal limits and utility
locat ions for the site of the Work ; provided, however , that the Contractor hereby covenan t s that he has inspected the premises and
familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the
Owner's survey are for information only , are not binding upon the Owner, and the Owner shall not incur any liability for loss or
damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all
necessary permanent or construction easements . The Owner will cooperate with the Contractor in the prosecution of the Work in
such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at
the request of the Contractor .
General Cond itions for Facility Construction Lump Sum Contract
Police Vehicle Impound Lot at Brennanarch (December 2011)
3 of26
C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM .
C-4 ACCESS TO JOB SITE : The Owner shall at all times have access to the Work whenever it is in preparat ion and
progress . The Contractor shall provide facilities for such access so the Owner may perform its assigned funct ions under the
Contract Documents .
C-5 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and
quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site
observations and reports concerning the progress and quality of the work , the Owner will approve and authorize the Contractor's
applications for payments .
C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work that does not conform to the Plans and
Specifications . Whenever, in its reasonable opinion, the Owner cons iders it necessary or advisable in order to insure the proper
realization of the intent of the Plans and Specifications , the Owner will have authority to require the Contractor to stop the work or
any portion thereof, or to require the Contractor lo stop the Work or any portion thereof, or to require special inspection or testing of
the Work whether or not such Work be then fabricated , installed or completed .
C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is
substantially complete , the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended
by representatives of the Architect , Owner and Contractor. Items identified during this inspection as being incomplete , defective or
deficient shall be incorporated into a punch list and attached to the AIA document G704, which is to be prepared and signed by the
Contractor , and accepted , approved and signed by the Owner.
C-8 RIGHT TO AUDIT: Contractor agrees that the City shall , until the expiration of three years after final payment under this
contract , have access to and the right to examine any directly pertinent books , documents , papers and records of the Contra ctor
involv ing transactions relat ing to this contract.
Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall , unti l the expiration of three years after final payment under the subcontract , have access to and the right to examine any
directly pertinent books , documents , papers and records of such subcontractor , involving transactions to the subcontract. The term
"subcontract" as used herein includes purchase orders.
Contractor agrees to photocopy such documents as may be requested by the city . The city agrees to reimburse Contractor for the
costs of copies at the rate published in the Texas Administrative Code .
SECTION D
CONTRACTOR
D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor
means the Contractor or his authorized representative .
D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent
contractor , not as agent, or employee of the City . Contractor shall have exclusive control of and the exclusive right to control the
details of the Work and services performed hereunder, and all persons performing same , and Contractor shall be solely responsible
for the acts of its officers , agents , and employees . Nothing herein shall be construed as creating a partnership or joint enterprise
between City and the Contractor , its officers, agents and employees, and the doctrine of respondeat superior shall not apply .
D-3 SUBLETIING: It is further agreed that the performance of this Contract , either in whole or in part , shall not be sublet or
assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the
City of Fort Worth .
D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement , Conditions
of the Contract , Drawings , Specifications , Addenda and modifications and shall at once report to the Owner and to the Architect any
error , incons istency or omission he may discover . The Contractor shall do no work without Drawings , Specifications and
Interpretations .
D-5 SUPERVISION : The Contractor shall supervise and direct the Work, using his best skill and attent ion . He shall be solely
responsible for all construction means, methods, safety , techniques, sequences and procedures and for coordinating all portions of
the Work under the Contract Documents .
D-6 LABOR AND MATERIALS: Unless otherwise specifically noted , the Contractor shall provide and pay for all labor,
materials , equipment, tools , construction equipment and machinery, water, heat, utilities , transportation and other facilities and
services necessary for the proper execution and completion of the Work .
The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen . The general
condition is not to be constructed as limiting the right of any bidder to employee laborers , workmen or materialmen from outside
local area .
General Conditions for Facility Construction Lump Sum Contract
Police Vehicle Impound Lot at Brennanarch (December 2011)
4 of26
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 sk illed in the task ass igned to him.
D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE
Duty to pay Prevailing Wage Rates . The Contractor shall comply with all requirements of Chapter 2258 , Texas Government Code
(Chapter 2258 ), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the
prevailing wage rates in accordance with Chapter 2258 . Such preva iling wage rates are included in these contract documents .
Penalty for Violation . A contractor or any subcontractor who does not pay the prevailing wage shall , upon demand made by the
City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the
prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative
costs, pursuant to Te xas Government Code 2258 .023 .
Complaints of Violations and City Determination of Good Cause . On receipt of information , including a complaint by a worker,
concerning an alleged violation of 2258 .023, Texas Government Code , by a contractor or subcontractor, the City shall make an
initial determination , before the 31 '1 day after the date the City receives the information, as to whether good cause exists to believe
that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affected worker of its initial
determination . Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated
Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and
wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final
determination of the violation .
Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258 .023 , Texas Government
Code , including a penalty owed to the City or an affected worker , shall be submitted to bind ing arbitration in accordance with the
Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do
not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph
(c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required , a district court shall appoint an arbitrator on the petition of any of the persons . The City is not a party in the
arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of
competent jurisdiction .
Records to be Maintained. The Contractor and each subcontractor shall , for a period of three (3) years following the date of
acceptance of the Work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the
construction of the Work provided for in this contract ; and (ii) the actual per diem wages paid to each worker . The records shall be
open at all reasonable hours for inspection by the City . The provisions of the Audit section of these contract documents shall pertain
to this inspection.
Pay Estimates . With each partial payment estimate or payroll period , whichever is less , the Contractor shall submit an affidavit
stating that the Contractor has complied with the requirements of Chapter 2258 , Texas Government Code .
Posting of Wage Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all
times .
Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to
comply with paragraphs (a) through (g) above .
On projects where special wage rates apply (e .g . Davis-Bacon) the Contractor agrees to meet all requirements of such programs.
D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under
this Contract will be new unless otherwise specified , and that all work will be of good quality, free from faults and defects , and in
conformance with the Contract Documents . All work not so conforming to these standards may be considered defective . If required
by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or
the Contract Documents .
D-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction , Excise
and Use Tax .
D-10 LICENSES, NOTICES AND FEES: The City of Fort Worth Building and Trade Permit fees are waived for this project.
The Contractor shall obtain all Permits , Licenses , Certificates , and Inspections , whether permanent or temporary , required by law or
these Contract Documents.
The Contractor shall give all Notices and comply with all Laws , Ordinances , Rules , Regulations and Orders of any public authority
bearing on the performance of the Work . If the Contractor observes or becomes aware that any of the Contract Documents are at
variance therewith in any respect , he shall promptly notify the Architect Owner in writing and any necessary changes will be made. If
the Contractor performs any Work knowing that it is in violation of, or contrary to , any of such Laws , Statutes , Charter, Ordinances ,
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Orders or Directives , or Regulations without furnishing Notice to the Owner , the Contractor will assume full responsibility therefore
and bear all costs attributable thereto.
D-11 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract
Documents . These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all
applicable taxes . The Contractor's handling costs on the site, labor, installation costs , overhead, profit and other expenses
contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall
cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct , but
he will not be required to employ persons against whom he makes a reasonable objection . If the cost , when determined , is more
than or less than the allowance , the Contract Sum shall be adjusted accordingly by Change Order which will include additional
handling costs on the site , labor , installation costs, field overhead, profit and other direct expenses resulting to the Contractor from
any increase over the original allowance.
D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the
Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if
given to the Contractor. Important communications will be confirmed in writing . Other communications will be so confirmed on
written request in each case .
D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner
for the acts and omissions of all his employees and all Sub-contractors, their agents and employees , and all other persons
performing any of the Work under a contract with the Contractor .
D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time
herein fixed or to ca rry on and complete the same according to the true mean ing of the intent and te rms of said Plans, Specifications
and Contract Documents , then the Owner shall have the right to either demand the surety to take over the Work and complete same
in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper,
and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the sa id plans and
specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing , setting forth and
specifying an itemized statement of the total cost thereof, said excess cost.
D-15 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract , shall prepare and submit for
the Architect's approval , an estimated progress schedule for the Work . The progress schedule shall be related to the entire Project.
This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as
required by the conditions of the Work, subject to the Architect's approval. It shall also indicate the dates for submission and
approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials.
The Contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's
monthly progress payment requests .
D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of
all Drawings , Specifications, Addenda , approved Shop Drawings , Change Orders , and other Changes and Amendments in good
order and marked to record all changes made during construction . These shall also be available to the Architect. The Drawings ,
marked to record all changes made during construction , shall be delivered to the Owner upon completion of the Work . The Architect
will prepare , and provide to the Owner, one complete set of reproducible record drawings of the Work .
D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams , illustrations, schedules, performance
charts , brochures and other data which are prepared by the Contractor or any Subcontractor , manufacturer, supplier or distributor,
and which illustrate some portion of the Work .
Samples are physical examples furnished by the Contractor to illustrate materials , equipment or workmanship , and to establish
standards by which the Work will be judged.
The Contractor shall review, stamp with his approval and submit , with reasonable promptness and in orderly sequence so as to
cause no delay in the Work or in the work of any other contractor , normally within the first 90 days of the work , six copies of all shop
Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or
amendments. Shop Drawings and Samples shall be properly identified as specified , or as the Architect may require . At the time of
submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the
requirements of the Contract Documents .
By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified
all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and
coordinated each shop drawing given in the Contract Documents . The Architect 's approval of a separate item shall not indicate
approval of an assembly in which the item functions .
The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay , but only
for conformance with the design concept of the Project and with the information given in the Contract Documents . The Architect's
approval of a separate item shall not indicate approval of an assembly in which the item functions .
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The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of
Shop Drawings or new Samples until approved . The Contractor shall direct specific attention in writing or on resubmitted Shop
Drawings to revisions other than the corrections requested by the Architect on previous submissions .
The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the
requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of
submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the
Contractor from responsibility for errors or omissions in the Shop Drawings or Samples .
No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the
submittal . All such portions of the Work shall be in accordance with approved Shop Drawings and Samples .
D-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law , ordinances , permits and the
Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work
by the City Council of the City of Fort Worth , the entire site of the Work shall be under the exclusive control, care and responsibility
of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the
elements or from any other cause whatsoever. The Contractor shall rebuild , repair , restore and make good at his own expenses all
injuries or damages to any portions of the Work occasioned by any of the above , caused before acceptance .
D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting , fitting or patching of his Work that may
required to make its several parts fit together properly , and shall not endanger any Work by cutting , excavating or otherwise altering
the Work or any part of it.
D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish . Al
the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools,
construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom-clean " or its
equivalent , except at otherwise specified . In addition to removal of rubbish and leaving the buildings "broom-clean", Contractor shall
clean all glass, replace any broken glass , remove stains, spots, marks and dirt from decorated work , clean hardware , remove paint
spots and smears from all surfaces, clean fixtures and wash all concrete , tile and terrazzo floors.
If the Contractor fails to clean up , the Owner may do so , and the cost thereof shall be charged to the Contractor .
D-21 COMMUNICATIONS: As a general rule , the Contractor shall forward all communications to the Owner through the BCM .
D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with
the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the
Supplemental Conditions contained in the Project Manual
SECTION E
SUBCONTRACTORS
E-1 DEFINITION : A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of
the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and
masculine in gender and means a Subcontractor or his authorized representative .
Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any
subcontractor or any of his sub-subcontractors or materialmen .
E-2 AWARD OF SUBCONTRACTS : The bidder shall furnish a list of the names of the subcontractors or other persons or
organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions
of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of
the Subcontractors proposed for the principal portions of the Work . Prior to the award of the Contract , the Architect shall notify the
successful bidder in writing if either the Owner or Architect , after due investigation , has reasonable objection to any person or
organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to
the award of this Contract shall not constitute acceptance of such person or organization .
If, prior to the award of the Contract , the Owner or Architect has an objective to any person or organization on such list , and refuses
to accept such person or organization, the apparent low bidder may, prior to the award , withdraw his bid without forfeiture of bid
security . If such bidder submits an acceptable substitute , the Owner may , at its discretion , accept the bid or he may disqualify the
bid . If, after the award , the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall
provide an acceptable substitute.
The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the
Owner and the Architect , unless the substitution is also acceptable to the Owner and the Architect.
E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub-
subcontractors) which shall contain provisions that:
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1. PreseNe and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontracting thereof will not prejudice such rights ;
2. Require that such Work be performed in accordance with the requirements of the Contract Documents ;
3 . Require submission to the Contractor of applications for payment under each subcontract to wh ich the Contractor is a party, in
reasonable time to enable the Contractor to apply for payment ;
4 . Require that all claims for additional costs , extensions of time , damages for de lays or otherwise with respect to subcontracted
portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor where appropriate) in
the manner provided in the Contract Documents for like claims by the Contractor upon the Owner ;
5 . Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the
property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner , and ,
6 . Obligate each Subcontractor specifically to consent to the provisions of this Section
All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall
be so construed and applied as to the Owner and the Architect , whether or not such provisions are physically included in the sub-
contract .
E-4 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE): Should the base bid be less than $25 ,000 , the
requirements of this section do not apply .
General: In accordance with City of Fort Worth Ordinance No 15530 (the "Ordinance"), the City of Fort Worth sets goals for the
participation of minority and women business enterprises (M/WBE) in City contracts . Ordinance No 15530 is incorporated in these
General Conditions by reference . A copy of the Ordinance may be obtained from the Office of the City Secretary . Failure to comply
with the Ordinance shall be a material breach of contract .
Prior to Award: The M/WBE documentation required by the procurement solicitation must be submitted within five city business
days after bid opening. Failure to comply with the City's M/WBE Ordinance, or to demonstrate a "good faith effort", shall result in a
bid being considered non-responsive .
During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE
subcontractors and or suppliers prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on
utilization of the subcontractors to the M/WBE Office and the Construction Manager. Contractor must provide the City with complete
and accurate infonmation regarding actual work performed by an M/WBE on the contract and proof of payment thereof. Contractor
further agrees to permit an audit and/or examination of any books , records or files in it's possession that will substantiate the actual
work performed by an M/WBE . The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for
termination of the contract and/or initiating action under appropriate federal , state , or local laws or ordinances relating to false
statement. An Offerer who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible
offerer and barred from participating in City work for a period of time of not less than three (3) years. The failure of an offerer to
comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein , may result in the
offerer being determined to be an irresponsible offerer and barred from participating in City work for a period of time of not less than
one (1) year.
The Contractor may count toward the goal any tier of MWBE subcontractors and/or suppliers . The Contractor may count toward its
goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the
joint venture for a clearly defined portion of the work to be performed . All subcontractors used in meeting the goals must be certified
prior to the award of the Contract.
Change Orders : Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an
opportunity to perform the work . Whenever a change order is $50 ,000 or more , the M/WBE Coordinator shall determine the goals
applicable to the work to be perfonmed under the change order .
During the term of the contract the Contractor shall :
1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the bid/proposal or during
negotiation , without prior submission of the proper documentation for review and approval by the MWBE Office .
2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor
represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work , the
Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with
subsections 12 . 3 and 12.4 of the OOrdinance , exclusive of the time requirements stated in such subsections .
3. The Contractor shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CHANGE FORM if
during the tenm of any contract , the Contractor wishes to change or delete one or more M/WBE subcontractors or suppliers .' '
Justification for change of subcontractors may be granted for the following :
1. An M/WBE's failure to provide Workers' Compensation Insurance evidence as required by state law ; or
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2 . An MNVBE 's-failure to provide evidence of general liability or other insurances
under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1)
the limits required of the Contractor by the City ; or 2) the limits contained in the Contractor's standard subcontract or supply
agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non-
MNVBE subcontractor's/subconsultant's or suppliers ; or
3. An MWBE 's failure to execute the Contractor's standard subcontract form , if entering a subcontract is required by the
Contractor in its normal course of business, unless such failure is due to :
a) A change in the amount of the previously agreed to bid or scope of work; or
b) The contract presented provides for payment once a month or longer and the Contractor is receiving
payment from the City twice a month ; or
c) Any !imitation being placed on the ability of the MNVBE to report violations of the Ordinance or any
other ordinance or violations of any state or federal law or other improprieties to the City or to provide
notice of any claim to the Contractor 's surety company or insurance company .
d) Mediation shall be a consideration before the request for change is approved .
4 . An MNVBE defaults in the performance of the executed subcontract. In this event, the Contractor shall:
a) Request bids from all MNVBE subcontractors previously submitt ing bids for the work ,
b) If reasonably practicable, request bids from previously non-bidding MNVBEs , and
c) Provide to the MNVBE office documentation of compliance with (a) and (b) above .
5. Any reason found to be acceptable by the MNVBE Office in its sole discretion .
Within ten days after final payment from the City the Contractor shall provide the MNVBE Office with documentation to reflect final
participation of each subcontractor and supplier, including non-MNVBEs , used on the project.
E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the
Owner , an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work . The
Contractor shall also require each Subcontractor to make similar payments to his subcontractors .
If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a
particular subcontractor, the Contractor shall pay that Subcontractor on demand , made at any time after the Certificate for Payment
would otherwise have been issued, for his Work to the extent completed , less the retained percentage .
The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor , and he shall require
each Subcontractor to make similar payments to his Subcontractors.
The Owner may, on request and at its discretion , furn ish to any Subcontractor, if practicable , information regarding percentages of
completion certified to the Contractor on account of Work done by such Subcontractors.
Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor.
E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS : The Contractor will cause appropriate
provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requ irements as contained herein and to 15 CFR
24 or 0MB Circular A-110 , as appropriate.
Each subcontractor must agree to comply with all applicable Federal, State , and local requirements in addition to those set forth in
this section .
No subcontractor will be employed on this Project, except as specifically approved by the City , who is contained in the listing of
contractors debarred, ineligible , suspended or indebted to the United States from contractual dealings with Federal government
departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially
from EDA grant fluids .
All subcontracts in excess of $10 ,000 shall include , or incorporate by reference , the equal opportunity clause of Executive Order
11246.
All subcontracts must contain a nondiscrimination clause .
Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts .
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Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance . These documents will
be submitted to the prime contractor who will compile them and submit to the City . The subcontractor can satisfy th is requirement by
submitting a properly executed Department of Labor Form WH-347 .
Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the
maximum extent possible.
All subcontractors who employ more than 50 employees , and is a prime or first tier subcontractor , and has a subcontract or
purchase order of $50 ,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year .
Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC-
257 .
SECTION F
SEPARATE CONTRACTS
F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the
Work . When separate 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.
F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportun ity
for the introduction and storage of their materials and equipment and the execution of their work , and shall properly connect and
coordinate his work with theirs .
If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor , the
Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it
unsuitable for such proper execution and results . Failure of the Contractor to inspect and report shall constitute an acceptance of the
other contractor's work as fit and proper to receive his Work , except as to defects which may develop in the other separate
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due
notice, settle with such other contractor by agreement, if he will so settle . If such separate contractor sues the Owner on account of
any damage alleged to have been so sustained , the Owner shall notify the Contractor who shall defend against such suit at the
Contractor's expense , and if any judgment against the Owner arises therefrom , the Contractor shall pay or satisfy such judgment
and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with
such su it.
F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting, fitting or patching of
his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents .
The Contractor shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall
not cut or alter the work of any other contractor except with the written consent of the Architect.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor.
F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for
cleaning up , the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of
Transportation and Public Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must
familiarize himself and strictly comply with all Federal , State, and County and City Laws , Statutes, Charter, Ordinances , Regulations,
or Directives controlling the action or operation of those engaged upon the work affecting the materials used . He shall indemnify and
save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any
such Laws , Statutes , Charter , Ordinances, Regulations, or Directives, whether by himself, his employees , agents or subcontractors.
G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties
hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with
reference to and governing all matters affecting this Contract , and the Contractor agrees to fully comply with all the provisions of the
same .
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and
the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the
Owner herein , the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental
function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or will ful
wrong .
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G-4 COMPLIANCE WITH LAWS. Contractor agrees to comply with all laws , Federal , state and local , including all ordinances ,
rules and regulations of the City of Fort Worth , Te xas. Materials incorporated into the fin ished Project are not subject to State Sales
Tax .
The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for
obtaining all other construction permits from the governing agencies . Contractor shall schedule all code inspections with the Code
Inspection Divis ion in accordance with the permit requirements and submit a copy of updated schedule to the Construction Manager
weekly . Building , plumbing , electrical and mechanical building permits are issued without charge. Water and sewer tap , impact &
access fees will be paid by the City . Any other permit fees are the responsibility of the Contractor.
G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect , and their personnel at
the project site for Contractor's sole negligence. In addit ion , Contractor covenants and agrees to indemnify , hold harmless and
defend , at its own expense , the Owner, its officers, servants and employees , from and against any and all claims or suits for
property loss , property damage , personal injury , including death , arising out of, or alleged to arise out of , the work and services to be
performed hereunder by Contractor , its officers , agents , employees , subcontractors, licensees or invitees , whether or not any such
iniury. damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers,
servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against
any and all injuries to Owner's officers, servants and employees and any damage , loss or destruction to property of the Owner
arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is
caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment , final
payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or
a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim
has been referred to the insurance carrier .
The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work performed
under a City Contract.
G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be binding upon and insure to
the benefit of the parties hereto, their Successors or Assigns . Contractor shall not assign or sublet all or any part of this Contract or
his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without
the prior written consent of Owner shall be void.
G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified
mail to the last business address known to him who gives the notice .
G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25 ,000 . The Contractor agrees, on the
submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in
the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as
amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the
said surety shall be a surety company duly and legally authorized to do business in the State of Texas , and acceptable to the City
Council of the City of Fort Worth.
Bonds shall be made on the forms furnished by or otherwise acceptable to the City . Each bond shall be properly executed by both
the Contractor and the Surety Company . Bonds required by the City shall be in compliance with all re levant local, state and federal
statutes.
To be an acceptable surety on the bond the name of the surety should be included on the current U. S. Treasury List of Acceptable
Securities [Circular 570), and must be authorized to do business in Texas . Sureties not listed in Circular 570 may write performance
and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus . Such a surety must reinsure
any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized ,
accredited, or trusteed to do business in the State of Texas.
Should any surety for the contracted project be determined unsatisfactory at any time during same , the Contractor shall immediately
provide a new surety bond satisfactory to the City .
If the contract amount is less than $25 ,000 , payment shall be made in one lump sum 30 calendar days after completion and
acceptance of the Work .
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in
accordance with the Contract Documents or fails to perform any provision of the Contract , the Owner may, without prejudice to any
other remedy he may have, enter the site and make good such deficiencies . In such case an appropriate Change Order shall be
issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost
of the Architect's additional services made necessary by such default , neglect or failure. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount , the Contract shall pay the difference to the Owner.
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G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees . He shall defend all suits or claims
for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all
such loss when a particular design , process or the product of a particular manufacturer or manufacturers is specified ; however , if the
Contractor has reason to believe that the design , process or product specified is an infringement of a patent , he shall be responsible
for such loss unless he promptly gives such information to Owner .
G-11 TESTS : If the Contract Documents , Laws , Ordinances , Rules , Regulations or Orders of any public authority having
jurisdiction require any Work to be inspected , tested or approved , the Contractor shall give the Owner timely notice of its readiness
and the date arranged so the Architect may observe such inspection , testing or approval. The Owner shall bear all costs of such
inspection , tests and approvals unless otherwise provided .
If after the commencement of the Work , the Owner determines that any work requ ires special inspection, testing or approval not
included above, the Owner , upon written authorization from the Owner , will instruct the Contractor to order such special inspection ,
testing or approval , and the Contractor shall give notice as required in the preceding paragraph . If such special inspection or testing
reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the performance
of the Work, with Laws, Statutes , Charter , Ordinances , Regulations or Orders of any public authority having jurisdiction , the
Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs ; otherwise the
Owner shall bear such costs , and an appropriate Change Order shall be issued .
The Contractor shall secure certificate of inspection, testing or approval , and three copies will be promptly delivered by him to the
Owner. The Architect will review the certificates and forward one copy of each with his recommendation(s) to the Owner.
If the Owner wishes to observe the inspections , tests or approvals required by this Section , they will do so promptly and , where
practicable, at the source of supply.
Neither the observations of the Architect or the Owner in their administration of the Construction Contract , nor inspections , tests or
approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in ·accordance
with the Contract Documents .
G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a
minimum of outage time for all utilities . Interruption shall be by approved sections of the utility . In some cases , the Contractor may
be required to perform the Work while the existing utility is in service . The existing utility service may be interrupted only when
approved by the Owner . When it is necessary to interrupt the existing utilities , the Contractor shall notify the Owner in writing at least
ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a
min imum . Depending upon the activities at an existing facility that requires continuous service from the existing utility , an interruption
may not be subject to schedule at the time desired by the Contractor . In such cases, the interruption may have to be scheduled at a
time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services
shall be as approved by the Owner.
G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work .
Discrepancies between Drawings , Specifications, and existing conditions shall be referred to Architect for adjustment before work
affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory
workmanlike manner at the Contractor's sole expense .
The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction
Documents .
Prior to commencing work , the Contractor shall carefully compare and check all Architectural , Structural , Mechanical an Electrical
drawings ; each with the other that in any affects the locations or elevation of the work to be executed by him , and should any
discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work
made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor's sole expense .
G-14 MEASUREMENTS: Before ordering any material or doing any work , the Contractor shall verify all measurements at the
site or at the building and shall be wholly responsible for the correctness of same . No extra charge or compensation will be allowed
on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be
found shall be submitted to the Architect for consideration and adjustment before proceeding with the project.
G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is
to be erected and observe any existing overhead wires and equipment. Any such work shall be moved , replaced or protected , as
required , whether or not shown or specified at the Contractor's sole expense .
Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the
Drawings . All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the
Drawings.
Location of existing underground lines , shown the Drawings are based on the best available sources , but are to be regarded as
approximate only . Exercise extreme care in locating and identifying these lines before excavation in adjacent areas .
G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the
installation of jointed floor, wall and ceiling materials that:
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1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontracting thereof will not prejudice such rights ;
2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible . This includes
heating registers , light fixtures , equipment , etc .
If because of the non-related sizes of the various materials and locations of openings , etc ., it is not possible to accomplish the
above , the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish
centerlines for all trades .
G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from
damages.
Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the
ingress or egress to and from existing adjacent facilities .
Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage
the existing work more than necessary . All damaged work shall be replaced , repaired and restored to its original cond ition at no cost
to the Owner.
G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents , whether expressly stated or not ,
that nothing containing hazardous materials, such as asbestos , shall be incorporated in to the project. The Contractor shall exercise
every reasonable precaution to ensure that asbestos-containing materials are not incorpo rated into any portion of the project ,
including' advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components
containing lead do not contact the potable water supply. ·
G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping , ductwork , etc. are
diagrammatic and job conditions may not always permit their installation in the location shown . When this situation occurs, it shall be
brought to the Architect's attention immediately and the relocation determ ined in a joint conference . The Contractor will be held
responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items
at his own expense if so directed by the Architect. Where possible , uniform margins are to be maintained between parallel lines
and/or adjacent wall , floor or ceiling surfaces.
G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe
carrying capacities by placing of materials, equipment , tools , machinery or any other item thereon . No loads shall be placed on
f loors or roofs before they have attained their permanent and safe strength .
G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specificat ions that materials , products , processes ,
equipment , or the like be installed or applied in accordance with manufacturer's instructions , direction or specifications , or words to
this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions
furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site . Six copies of such
instructions shall be furnished to the Architect and his approval thereof obtained before work is begun .
G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by
employees or as a result of the Work .
Al completion of work , the General Contractor shall , immediately prior to final inspection of complete building , execute the following
final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed
materials.
1. Sweep and buff resilient floors and base, and vacuum carpeting .
2 . Dust all metal and wood trim and similar finished materials .
3. Clean all cabinets and casework .
4. Dust all ceilings and walls .
5. Dust , and if necessary wash , all plumb ing and electrical fixtures .
6 . Wash all glass and similar non-resilient materials .
7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be
cleaned and touched-up if necessary, and all temporary labels , tags , and paper coverings removed throughout the buildings .
Surfaces that are waxed shall be polished .
8. The exter ior of the building, the grounds , approaches , equipment, sidewalks , streets, etc. shall be cleaned similar to interior of
buildings and left in good order at the time of final acceptance . All paint surfaces shall be clean and unbroken , hardware shall
be clean and polished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth .
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9 . Clean all glass surfaces and mirrors of putty , paint materials , etc., without scratching or injur ing the glass and leave the wor k
bright , clean and polished . Cost of this cleaning work shall be borne by Contractor.
10 . Cleaning, polishing , scaling , wa xing and all other finish operations indicated on the Drawings or required in the Specifications
shall be taken to indicate the required condition at the time of acceptance of all work under the Contract.
11 . Burning: Burning of rubbish on the premises will not be permitted .
G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during
the construction period . If serious problems or complaints ar ise due to air-borne dust , or when directed by the Architect, operations
causing such problems shall be temporarily discontinued and necessary steps taken to control the dust.
G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire
damage or injury to workmen . All scrap materials , rubbish and trash shall be removed daily from in and about the building and shall
not be permitted to be scattered on adjacent property .
Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints ; no storage
will be permitted in the building . Excess flammable liquids being used inside the building shall be kept in closed metal container and
removed from the building during unused periods .
A fire extinguisher shall be available at each location where cutting or welding is being performed . Where electric or gas welding or
cutting work is done , interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot
metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the
premises .
The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos . 10 and 241 .
However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction .
G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated, such work shall
be neatly sawed or cut by Contractor in a manner that will produce a neat straight line , parallel to adjacent surfaces or plumb for
vertical surfaces. Care should be exercised not to damage any work that is to remain .
At no time shall any structural members be cut without written consent from the Architect.
G-26 PROJECT CLOSEOUT
Final Inspection, Record Drawings : Attention is called to General Conditions Section entitled , "Substantial Completion and Final
Payment".
Maintenance Manual: Sheets shall be 8 'h" x 11 ", except pull out sheets may be neatly folded to 8 Y:," x 11 ". Manuals shall be bound
in plastic covered , 3 ring , loose leaf binder with title of project lettered on front and shall contain:
1) Name, address and trade of all sub-contractors .
2) Complete maintenance instructions ; name , address, and telephone number of installing Contractor, manufacturer's local
representative , for each piece of operative equipment.
3) Catalog data on plumbing fixtures , valves, water heaters , heating and cooling equipment, temperature control , fan, electrical
panels , serv ice entrance equipment and light fixtures .
4) Manufacturer's name , type , color designation for resilient floors , windows , doors , concrete block, paint , roofing , other materials .
Submit six copies of Maintenance Manual , prior to request for final payment.
Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense , competent manufacturer's
representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and
Specifications . This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning
properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each
item.
G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project , prior to final payment , guarantees
required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted
through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract.
The Contractor shall guarantee the entire Project for one year. In addition , where separate guarantees , for certain portions of work ,
are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods . Manufacturer's extended
warrantees shall be included in this contract.
Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner .
Guarantees shall not apply to work where damage is result of abuse , neglect by Owner or his successor(s) in interest.
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The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical
Spec ifi cations contained herein . Un less supplemented by the Technical Specifications or the manufacturer's normal extended
warrantees , the Contractor shall warrant all work materials , and equipment against defects for a period of one year from the date of
final acceptance . The Contractor further agrees to bear all costs of making good all wo rk that is found to be defective or not
provided in accordance with the Contract Documents . Add itionally if the facility or con tents are damaged due to defective materials
or workmansh ip of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and
components to bring such items back to at least their original condition.
G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment , one print of each of the
drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the
construction actually provided and that indicated or specified in the Contract Documents . The annotated documents shall be
delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or
character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that
purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The
representation of such variations shall conform to standard drafting practice and shall include supplementary notes , legends and
details which may be necessary fo r legibility and clear portrayal of the actual construction. The record drawings shall indicate , in
addition , the actual location of all sub-surface utility lines, average depth below the surface and other appurtenances .
G-29 CONSTRUCTION FENCE: At the Contractor's option , he may provide a substantial chain-link construction fence around
all or a part of the site . The fences and gates must be maintained throughout the construct io n period. Remove the fences and gates
upon completion of the Project and restore the site to the required original or contract condition .
G-30 PRODUCT DELIVERY, STORAGE, HANDLING : The Contractor shall handle , store and protect materials and products ,
including fabricated components , by methods and means which will prevent damage , deterioration and loss , including theft (and
resulting delays), thereby ensuring highest quality results as the work progresses . Control delivery schedules so as to minimize
unnecessary long -term storage at project site prior to installation .
G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project
site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage
shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City .
G-32 MANUFACTURER'S REFERENCE : Catalog , brand names , and manufacturer's references are descriptive, not
restrictive . Bids on brands of like nature and quality will be considered . Contractor shall inform the City of any substitutions intended
for the project within 5 business days of bid opening . Failure to inform the City of substitute projects will obligate the Contractor to
provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor , the
Contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability
of proposed substitutions . Where equipment has been listed as "no substitute accepted ", the City will accept no alternates to the
specified equipment.
H-1 DEFINITIONS
SECTION H
CONTRACT TIME
The Contract T ime is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar
days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure
to complete punch list items from the Final Inspection in a timely manner
The Date of Commencement of the Work is the date established in the Notice to Proceed . If there is no notice to proceed , it shall be
the date of the Agreement or such other date as may be established therein .
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval
of the Owner that construction is sufficiently complete , in accordance with the Contract Documents, so the Owner may occupy the
Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion
thereof can be made only by the Assistant City Manager, and no other form of acceptance will be binding upon the Owner .
A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week , including Sunday, regardless of whether a
"Working Day" or not, and regardless of weather conditions or any situation which might delay construction . An extension of contract
time shall be in accordance with this Section . Extensions of time will be as recommended by the BCM with final approval by City of
Fort Worth .
A Working Day is defined as a calendar day, not including Saturdays , Sundays , and legal holidays , in which weather or other
conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven
hours between 7:00 a .m. and 6 :00 p .m . However, nothing in these Contract Documents shall be construed as prohibiting the
Contractor from working on Saturdays if he so desires . Legal holidays are defined as being New Year's Day , Independence Day ,
Labor Day , Thanksgiving Day , Christmas Day , Memorial Day , and Veteran 's Day .
H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract.
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The Contractor shall begin the Work on the date of commencement as defined in this Section . He shall carry the Work forward
expeditious ly with adequate forces and shall complete it within the Contract Time .
H-3 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or
neglect of the Owner or the Architect , or by any employee of the Owner , or by any separate contractor employed by the Owner , or
by any separate contractor employed by the Owner, or by changes ordered in the Work , or by labor disputes , fire , unusual delay in
transportation , unavoidable casualties or any causes beyond the Contractor's control , or by any cause which the Architect
determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as
recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather cond itions ,
the weather table provided as WT-1 in these Contract Documents shall be used as the basis for provid ing a fair and equitable
adjustment of the contract time .
All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay;
otherwise they shall be waived .
If no schedule or agreement is made stating the dates upon which written interpretations shall be furn ished , then no claim for delay
shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them , and not then
unless such a claim is reasonable .
H-4 NO DAMAGE FOR DELAY: No payment , compensation or adjustment or any kind (other than the extens ions of time
prov ided for) shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the
work , whether such hindrances or delays be avoidable or unavoidable , and the Contractor agrees that he will ma ke no claim for
compensation, damages or mit igation of liquidated damages for any such delays , and will accept in full satisfaction for such delays
said extension of time .
SECTION I
PAYMENTS AND COMPLETION
1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the
Contractor for the performance of the Work under the Contract Documents .
1-2 SCHEDULE OF VALUES: Before the first Applicable for Payment, the Contractor shall submit to the Architect a
Schedule of Values of the various portions of the Work , including quantities if required by the Architect , aggregating the total
Contract Sum, divided so as to facilitate payments to Sub-contractors , prepared in such form as specified or as the Architect and the
Contractor may agree upon , and supported by such data to substantiate its correctness as the Architect may require . Each item in
the Schedule of Values shall include its proper share of overhead and profit. This Schedule , when approved by the Architect and the
Owner , shall be used as a basis for the Contractor's Applications for Payment.
1-3 ADJUSTMENT OF QUANTITIES
1-4 PROGRESS PAYMENTS: On the first day of each month after the first month 's work has been completed , the Contractor
will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed
during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of
Values and Progress Schedule.
If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at
the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of
sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherw ise
protect the Owner's interest including applicable insurance and transportation to the site .
The Contractor warrants and guarantees that title to all Work , materials and equipment covered by an Application for Payment ,
whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear
of all liens , claims, security interests or encumbrances hereinafter referred to as "liens "; and that no Work , materials or equipment
covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at
the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an
encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person .
The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and
attached thereto AIA Document G703 , "Continuation Sheet", to indicate the progress made to date and the period or month for
which payment is requested for each Item listed in the Schedule of Values . A copy of the revised monthly work progress schedule
must be attached before the pay request can be accepted.
1-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above , the above , the Architect
will , with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment ,
with a copy to the Contractor , for such amount determined to be properly due , or state in writing reasons for withholding a
Certificate .
The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the BCM 's observations at the site
and the data comprising the Application for Payment , that the Work has progressed to the point indicated; that the quality of the
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Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial
Completion, to the results of any subsequent tests required by the Contract Documents , to minor deviations from the Contract
Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the
Owner that the Contractor be paid in the amount certified . In addit ion , the Arch itect 's approval of final payment assures the Owner
that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Sect io n have been fulfilled .
After the Architect has issued a Certificate for Payment , the Owner shall app rove or disapprove same within ten days after it has
been del ivered to the Director of the Department of Transportation and Public Works . For contracts less than $400 ,000 , Owner shall
pay 90 % of the approved estimate to the Contractor within seven days after its approval , and the remaining 10 % of each such
estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of
Fort Worth . For contracts in excess of $400 ,000 , the Owner will reta in only 5% of each estimate until the final estimate is approved
and work accepted by the City Council of the City of Fort Worth.
No Certificate for a progress payment , nor any progress payment, nor any partial or entire use or occupancy of the Project by the
Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents , or relieve the Contractor of
liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any
defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the
date of final acceptance of the Work unless a longer period is specified .
1-6 PAYMENTS WITHHELD: The BCM may decline to approve an Application for Payment and may withhold his Certificate
in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section . The Architect
may also decline to approve any Applications for Payment or , because of subsequently discovered evidence or subsequent
inspections , may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary
in his opinion to protect the Owner from loss because of:
1) Defective work not remedied ;
2) Claims filed or reasonable evidence indicating probable filing of claims ;
3) Failure of the Contractor to make payments properly to Subcontractors , or for labor , materials or equipment ;
4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum ;
5) Damage to another contractor;
6) Reasonable indication that the Work will not be completed within the Contract Time ; or
7) Unsatisfactory prosecution of the Work by the Contractor.
When such grounds for the refusal of payment are removed , payment shall be made for amounts withheld because of them . The
Owner reserves the right to withhold the payment of any monthly estimate , without payment of interest , if the Contractor fails to
perform the Work in accordance with the specifications .
1-7
1-8
NOT USED
LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows :
Amount of Contract
$15 ,000 or less
$15,001 to $25 ,000
$25 ,001 to $50 ,000
$50 ,001 to $100 ,000
$100 ,000 to $500 ,000
$500 ,001 to $1 ,000 ,000
$1 ,000 ,001 to $2 ,000 ,000
$2,000 ,001 to $5 ,000 ,000
$5 ,000,001 to $10 ,000 ,000
over $10 ,000 ,000
Liquidated Damages Per Day
$45
$ 63
$105
$154
$210
$315
$420
$630
$840
$980
1-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor , the BCM should fail to issue any Certificate for
Payment with in seven days after receipt of the Contractor's Application for Payment , if the Contractor's Application for Payment, or
if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95 %
(as applicable) of the amount thereof within the period of time specified , then the Contractor may, upon seven (7) days additional
written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received .
1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet
all provisions for Project Closeout.
When the Contractor determines that the Work is substantially complete , the Construction Manager shall inspect the project with the
Contractor and prepare a "Preliminary Punch List".
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When the Architect , on the basis of a subsequent inspection, determines that the Work is substantially complete , he then will
prepare a Certificate of Substantial Completion (G704) which , when app roved by the Owner , shall allow the Contractor to request a
Certificate of Occupancy which will establish the Date of Substantial Completion . The Certificate of Final Completion shall state the
responsibilities of the Owner and the Contractor for maintenance, heat , ut ilities , and insurance, shall set forth the remaining work as
a "final punch list". The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of
Occupancy has been issued, the retainage will be reduced to 4%.
Upon comp letion of the work listed on the final punch list to the satisfaction of the City of Fort Worth , the retainage may be reduce d
to2.5%.
Should the Contractor fail to complete all contractual requirements of the contract , including submittals and final pay request within
the fi xed time, the contract time will again commence . Should the Contractor fail to complete the work within the contract duration ,
liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspect ion and cert ify completion
of the final punch list by cosigning it with the Contractor.
The Contractor shall submit the following items to the City prior to requesting final payment :
1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls , bills for materials and equipment , and
other indebtedness connected w ith the Work for which the Owner or his property might in any way be responsible , have been
paid or otherwise satisfied ,
2) Consent of Surety to Final Payment (G707), if any, to final payment ,
3) Contractor's Affidavit of Release of Liens (G706A), and,
4) Other data establishing payment or satisfaction of all such obligations , such as receipts , releases, and waivers of liens arising
out of the Contract, to the extent and in such form as may be designated by the Owner.
5) Contractor's Warranty
6) Statement that all outstanding work has been completed
7) Issuance of the Final Certificate of Substantial Completion
8) Final acceptance by the City of Fort Worth .
If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at
the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right , claim or lien which might be
asserted by such Subcontractor, materialman or laborer . If any such right, claim or lien remains unsatisfied after all payments are
made . The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right , claim
or lien , including all costs and reasonable attorney 's fees .
The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the
Contractor except those previously made in writing and still unsettled .
The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth .
The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of
acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days
following acceptance .
1-11 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and
until all requirements have been met , with the exception of Consent of Surety for Fin al Payment.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work . The Contractor shall designate a responsible member
of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent
unless otherwise designated in writing by the Contractor to the Architect .
J-2 SAFETY OF PERSONS AND PROPERTY : The Contractor shall take all reasonable precautions for the safety of, and
shall provide all reasonable protection to prevent damage , injury or loss to :
(1) All employees on the Work and all other persons who may be affected thereby ;
(2) All the Work and all materials and equipment to be incorporated therein , whether in storage on or-off the site , under the care ,
custody or control of the Contractor or any of his Subcontractors or Sub-contractors ; and
(3) Other property at the site or adjacent thereto , including trees , shrubs , lawns, walks , pavements , roadways , structures and
utilities not designated for removal , relocation or replacement in the course of construct ion .
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Until acceptance of the Work, it shall be under the charge and care of the Contractor , and he shall take every precaution against
injury or damage to the Work by the action of the elements or from any other cause whatsoever , whether arising from the execution
or from the non -execution of the Work . The Contractor shall rebuild, repair , res tore and make good , at his own expense , all injuries
or damages to any portion of the Work occasioned by any of the above , caused before its completion and acceptance .
The Contractor shall comply with all applicable Laws , Ordinances, Rules, Regulations and Orders of any public authority hav ing
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 exis ting conditions and progress of the Work , all reasonable safeguards for safety and protection , including posting
danger signs and other warnings aga in st hazards , promulgating safety regulations and notifying owners and users of adjacent
utilities .
When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the
Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.
All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any
Subcontractor, or anyone directly or indirectly employed by any of them , or by anyone for whose acts any of them may be liable,
shall be remedied by the Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions
of the Architect or anyone employed by him or for whose acts he may be liable , and not attributable to the fault or negligence of the
Contracto r or anyone claiming through the Cont rac tor for such damage or loss .
The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.
J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of
work . Each Contractor , employee and visitor at any construction site included in the Contract will be required to wear a hard hat.
The Contractor shall enforce the wearing of hard hats by Contractor , employees and visitors . Contractor shall provide ten hard hats
for use by the consulting Architects and Engineers and visitors .
J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor shall act at his d iscretion
to prevent threatened damage, injury or loss . Any additional compensation or extension of time claimed by the Contractor on
account of emergency work shall be determined as provided in Changes in the Work.
J-5 SAFE WORK PRACTICES : The Contractor shall employ safe practices in handling materials and equipment used in
performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep the
premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall
remove all his wastes and rubbish from and about the work area , as well as his tools , equipment and surplus materials and shall
leave the area as clean and free of spot , stains , etc., as before the work was undertaken .
J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and
stabilization to meet regulatory requirements . If the Proposal requires , the Contractor shall include a per-unit cost for trench safety
measures in his bid. If not included in the Proposal , the Contractor shall include a cost for trench safety measures for all trenches
over 5 feet in depth in his Schedule of Values .
SECTION K -INSURANCE
K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all
insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor
allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has
been so obtained and approved . The City of Fort Worth will be listed as an "addit ional insured" on all policies except Worker's
Compensation .
K-2 WORKERS' COMPENSATION INSURANCE
1) General
a) Contractor's Worker's Compensation Insurance . Contractor agrees to provide to the Owner (City) a certificate showing
that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project
in compliance with state law . No Notice to Proceed will be issued until the Contractor has complied with this section.
b) Subcontractor's Worker's Compensation Insurance . Contractor agrees to require each and every subcontractor who will
perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy
of workers compensation insurance covering each employee employed on the project. Contractor will not permit any
subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of
all such certificates to the Owner (City).
c) By signing this Contract or providing or causing to be provided a certificate of coverage , the Contractor is representing to
the City that all employees of the Contractor who will provide services on the project will be covered by worker's
compensation coverage for the duration of the project , that the coverage will be based on proper reporting of classification
codes and payroll amounts , and that all coverage agreements will be filed with the appropriate insurance carrier or , in the
case of a self-insured , with the Texas Worker's Compensation Commission 's Division of Self-Insurance Regulation .
Providing false or misleading information may subject the Contractor to admin istrative penalties , criminal penalties , civil
penalties or other civil actions .
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d} The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the
City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of
breach from the C ity .
2) Definitions :
a) Certificate of Coverage ("certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by
the Texas Workers' Compensation Commiss ion , or a coverage agreement (TWCC-81 , TWCC-82 , TWCC -83 , or TWCC-
84), showing statutory workers' compensation insurance coverage for the person 's or entity's employees providing
services on a project , for the duration of the project.
b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's /person's
work on the project has been completed and accepted by the City .
c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing
all or part of the services the Contractor has undertaken to perform on the project , regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees . Th is includes , without
limitation , independent contractors , subcontractors , leasing companies , motor carriers , owner-operato rs, employees of
any such entity , or employees of any ent ity which furnishes persons to provide services on the project . "Serv ices" include ,
without limitation , providing , hauling , or delivering equipment or materials , or providing labor , transportation , or other
services related to a project. "Services" does not include activities unrelated to the project , such as food /beverage
vendors , office supply deliveries , and delivery of portable toilets.
3) Requirements
a) The Contractor shall provide coverage , based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements , which meets the statutory requirements of Texas Labor Code , Section 401 .011 (44 ) for all
employees of the Contractor providing services of the project , for the duration of the project .
b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.
c) If t he coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project ,
the Contractor must, prior to the end of the coverage period , file a new certificate of coverage with the City showing that
coverage has been extended .
d) The Contractor shall obtain from each person providing services on a project, and provide to the City :
i) a certificate of coverage , prior to that person beginning work on the project , so the governmental entity will have on
file certificates of coverage showing coverage for all persons providing services on the project; and
ii) no later than seven days after receipt by the Contractor , a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.
e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
f) The Contractor shall notify the City in writing by certified mail or personal delivery , within ten (10) days after the Contractor
knew or should have known , of any change that materially affects the provision of coverage of any person providing
services on the project.
g) The Contractor shall post on each project site a notice, in the text , form and manner prescribed by the Texas Worker's
Compensation Commission , informing all persons providing services on the project that they are required to be covered ,
and stating how a person may verify coverage and report lack of coverage .
h) The Contractor shall contractually require each person with whom it contracts to prov ide services on a project , to :
i) provide coverage , based on proper reporting on the classification codes and payroll amounts and filing of any
coverage agreements, which meets the statutory requirements of Texas labor Code , Section 401 .011 (44) for all of its
employees providing services on the project , for the duration of the project ;
ii) provide to the Contractor , prior to that person beginning work on the project , a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project , for the duration of the
project ;
iii) provide the Contractor , prior to the end of the coverage period , a new certificate of coverage showing extension of
coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project;
iv) obtain from each other person with whom it contracts , and provide to the Contractor:
(1) a certificate of coverage , prior to the other person beginning work on the project ; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period , if the
coverage period shown on the current certificate of coverage ends during the duration of the project ;
v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.
vi) notify the City in writing by certified mail or personal delivery , within ten (10) days after the person knew or should
have known , of any change that materially affects the provision of coverage of any person providing services on the
project ; and
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vii) contractually require each person with whom it contracts , to perform as required by paragraphs h-i) -vii ), with the
certificates of coverage to be provided to the pe rson for whom they are prov idi ng services .
4) Posting of Required Worker's Compensation Coverage
a) The Contractor shall post a notice on each project site informing all persons provid ing serv ices on the project that they are
required to be covered , and stat ing how a person may verify current coverage and report failure to provide coverage . This
notice does not satisfy other posting requirements imposed by the Te xas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules . This notice must be printed with a title in at least 30 point bold type and text
in at least 19-point normal type , and shall be in both English and Spanish and any other language common to the worker
population . The text for the notices shall be the follow ing te xt , without any add it ional words or changes :
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction project
must be covered by worker's compensation insurance . This includes persons providing , hauling , or delivering
equipment or materials , or providing labor or transportation or other service related to the project , regardless of
the identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal
requirement for coverage , to verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage ."
K-3 LIABILITY INSURANCE: The Contractor shall procure and mainta in during the term of this Contract such Liability
Insurance as shall protect him , the City of Fort Worth and any Subcontractor performing work covered by this Contract , from claims
of damage which may arise from operations under this Contract , including blasting , when blasting is done on , or in connection with
the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed
by either of them and the limits of such insurance shall be not less than the following :
1) Automobile Liability : $1,000 ,000 each accident or reasonably equivalent split limits for bodily injury and property damage .
Coverage shall be on "any auto" including leased , hired, owned, non -owned and borrowed vehicles used in connection with
this Contract .
2) Commercial General Liability : $1 ,000 ,000 each occurrence . Coverage under the policy shall be as comprehensive as that
provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no
exclusions by endorsement unless such are approved by the City .
3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing Materials ,
the Contractor, or subcontractor performing the removal , shall be required to maintain Asbestos Abatement Liability Insurance
as follows : $1 ,000 ,000 per occurrence; $2,000 ,000 aggregate limit. The coverage shall include any pollution exposure ,
including environmental impairment liability , associated with the services and operations performed under this contract in
addition to sudden and accidental contamination or pollution liability for gradual emiss ions and clean-up costs .
K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation , the Contractor shall procure , pay
for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire , lightning, windstorm,
hurricane , hail , riot , explosion , civic commotion , smoke, aircraft , land vehicles , vandalism , and malicious mischief, at a limit equal to
100% of the Contract Sum .
The policy shall include coverage for materials and supplies while in transit and while being stored on or off site . If specifically
required in the Instructions to Bidders , the policy shall include coverage for flood and earthquake . Different sub-limits for these
coverages must be approved by the City .
Consequential d;:image due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered .
Upon completion of the Work, the Contractor shall notify the City of Fort Worth in writing before terminating this insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the
Transportation and Public Works Department , City of Fort Worth as a "Certificate Holder", and noting the specific project(s) covered
by the Contractor's insurance as documented on the certificate of insurance . More than one certificate may be required of the
Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s).
K-6 OTHER INSURANCE RELATED REQUIREMENTS
1) The City of Fort Worth shall be an additional insured , by endorsement , on all applicable insurance policies .
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth.
3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable , shall be authorized to do business in the
State of Texas , or otherwise approved by the City of Fort Worth , and such shall be acceptable to the City of Fort Worth insofar
as their financial strength and solvency are concerned . Any company through which the insurance is placed must have a
rating of at least A:VII , as stated in current edition of A . M. Best's Key Rating Guide . At the City's sole d iscretion . a less
favorable rate may be accepted by the City .
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4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10 ,000 require approval of the City of Fort
Worth as respects th is Contract.
5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of
cancellation , non-renewal or material change in coverage regarding any policy providing insurance coverage required in this
Contract.
6) Full limits of insurance shall be available for claims arising out of this Contra ct with the City of Fort Worth .
7) The Contractor shall provide cert ificates of insurance to the City pr ior to commencement of operations pursuant to th is
Contract. Any fa ilure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of
insurance requirements specified herein .
8) The City of Fort Worth shall be entitled , upon request and withou t incurring expense , to rev iew the insurance poli ci es includ ing
endo rsements thereto and , at its discretion , to require proof of payment for policy premiums .
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein .
10) Notice of any actual or potential claim and/or litigation that would affect insurance cove rages required here in shall be provided
to the City in a timely manner.
11 ) "Other insurance " as referenced in any policy of insurance providing coverages requ ired herein shall not apply to any insurance
policy or program maintained by the City of Fort Worth .
12) Contractor shall agree to either requ ire its subcontractors to maintain the same insurance coverages and limits thereof as
specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors.
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER: The Owner, without invalidating the Contract , may order Changes in the Work within the general
scope of the Contract consisting of additions , deletions or other rev isions , 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 appl icable
conditions of the Contract Documents.
A Change Order is a written order to the Contractor signed by the Contractor , Owner and the Architect , issued after the execution of
the Contract , authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time . The Contract Sum and the
Contract Time may be changed only by Change Order .
Any changes in work requi red due to changed or unforeseen conditions , or by request of either the Contractor or the City , shall be
coordinated with the Director , Department of Transportation and Public Works . A change order must be written and duly negot iated
and executed prior to performing changed work .
The cost or credit to the Owner resu lting from a Change in the work shall be determined in one or more of the following ways :
1) by mutual acceptance of a lump sum property item ized , including the allowance to Contractor for overhead and profit stipu lated
in the original contract proposal ;
2) by unit prices stated in the Contract Documents or subsequently agreed upon ; or
3) by cost and a mutually acceptable fi xed or percentage fee .
If none of the methods set forth herein above is agreed upon , the Contractor , provided he receives a Change Order, shall promptly
proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable
expend itures and savings , including a reasonable allowance for overhead and profit as indicted in the original contract proposa l. In
such cases , the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together
with appropriate supporting data . Pending final determination of cost to the Owner, payments on account shall be made on the
Architect's Certificate of Payment as approved by the Owner.
If after the Contract has been executed , the Architect , requests a price proposal from the Contractor for a proposed change in scope
of the work , Contractor shall process such proposal within seven days of rece ipt and return the price quote to the Architect in writing .
The Architect shall review the price quotation and if approval is recommended , forward the proposed change order request and
price proposal to the Owner fo r approval. If approval is not recommended , the Architect will attempt to negotiate with Contractor to
revise the proposal to a figure wh ich is fair and reasonable and forward it on to the Owner for approval. If the negot iations do not
result in an equitable solu t ion , the Architect shall prepare a cost -plus type Change Order with a price-not-to-exceed figure for
approval by t he City and requ ire specific documentation to be provided by Contractor in accordance with the paragraph above.
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Contractor is advised that according to City of Fort Worth Charter , that, the City Council must approve all Change Orders and Work
Orders which results in an increase in cost of the contract amount by over $25 ,000 . Normal processing time for the City Staff to
obtain City Council approval , once the recommended change order has been received at the City , is approximately thirty days .
Owner and Contractor shall endeavor to identify Change Order items as early in the Construct ion process as possib le to minimize
their impact on the construction schedule.
If unit prices are stated in the Contract Documents or subsequently agreed upon , and if the quantities originally contemplated are so
changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a
hardship on the Owner or the Contractor, the applicable unit prices shall be equitably adjusted to prevent such hardship .
If the Contractor claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Section A ,
(2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or (3) any
written order for a minor change in the Work , the Contractor shall make such claim .
L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an increase in the Contract
Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the
occurrence of the event that gave rise to such claim . This notice shall be given by the Contractor before proceeding to execute the
Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J.
No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim , if
approved by the Owner, shall be authorized by Change Order.
L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered , the following
applicable percentage shall be added to Material and Labor costs to cover overhead and profit:
1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed
fifteen percent (15%).
2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the
Contractor shall not exceed ten percent (10%).
L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving
an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract
Documents . Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by
the Architect and shall be binding on the Owner and the Contractor .
L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract Documents, or which order
minor changes in the Work without change in Contract Sum or Contract Time . The Contractor shall carry out such Field Orders
promptly .
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner , it must be uncovered for
observation and replaced, at the Contractor's expense .
If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the Architect
or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with
the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order , be charged to the Owner.
If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it is found that
this condition was caused by a separate contractor employed by the Owner.
M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Owner as defective or as failing
to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated ,
installed or completed . The Contractor shall bear all costs of correcting such rejected Work , including the cost of the Architect 's
additional service thereby made necessary .
If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by
the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to
do so, unless the Owner has previously given the Contractor a written acceptance of such condition , describing same specifically
and not generally . The Owner shall give such notice promptly after discovery of the condition .
All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the
work shall be corrected to comply with the Contract Documents without cost to the Owner.
The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or
correction .
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If the Contractor does not remove such defective or non-conforming 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 sto rage within ten days thereafter , the Owner may upon ten additional days ' written notice sell
such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have
been borne by the Contractor including compensation for additional architectura l services . If such proceeds of sale do not cover all
costs that the Contractor should have borne , the difference shall be charged to the Contractor and an appropriate Change Order
shall be issued . If the payments then or t hereafter due the Contractor are not sufficie nt to cover such amount , the Contractor shall
pay the difference to the Owner .
If the Contractor fails to correct such defective or non-conforming work , the Owner may correct it in accordance with Section G .
The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him
by special guarantees required by the Contract Documents or otherwise prescribed by law .
M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non-
conforming work , he may do so instead of requiring its removal and correction , in which case a Change Order will be issued to
reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment , it shall be paid by the
Contractor .
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or
other public authority having jurisdiction, through no act or fault of the Contractor or a Subcontractor or their agents or employees or
any other persons performing any of the work under a contract with the Contractor, or if the work should be stopped for a period of
30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after
the end of such period of 30 days and upon seven additional days ' written notice to the Owner , terminate the Contract.
N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt , or if he makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Cont ractor refuses , except in cases for
which extension of time is provided, to supply enough properly skilled workmen or proper materials , or if he fails to make prompt
payment to Subcontractors or for materials or labor, or fails to comply with al Laws , Statutes , Charter , Ordinances , Regulations or
Orders of any public authority having jurisdiction , or otherwise is guilty of a substantial violation of a provision of the Contract
Documents , then the Owner, on its own initiative that sufficient cause exists to justify such action , may, without prejud ice to any
rights or remedy and after giving the Contractor and his surety, if any , seven (7) days ' written notice , terminate the employment of
the Contractor and take possession of the site and of all materials , equipment, tools , construction equipment and machinery thereon
owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall
not be entitled to receive any further payment until the Work is finished.
If the costs of finishing the Work, including compensation for the Architect's additional services . exceed the unpaid balance of the
Contract, the Contractor shall pay the difference to the Owner.
The City of Fort Worth may terminate this contract in whole , or from time to time , in part , whenever such termination is in the best
interest of the City . Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent
performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the
Contractor shall :
a) Stop work under the Contract on the date and to the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated .
c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of
termination .
After termination as above , the City will pay the Contractor a proportionate part of the contract price based on the work completed ;
provided , however , that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocatable to the work not completed and further reduced by the amount of payments , if, any otherwise made . Contractor
shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim . In
the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph ,
such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth , and the decision by the
City Council of the City of Fort Worth shall be final and binding upon all parties to this contract
SECTION 0
SIGNS
The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict
accordance with the Specifications for "Project Designation Signs ." This sign shall be a part of this Contract and shall be included in
the Contractor's Base Bid for the Project.
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SECTION P
TEMPORARY FACILITIES
P-1 SCOPE: The Contractor shall furnish , erect , and maintain fac ilities and perform temporary work requ ired in the
performance of this Contract , including those shown and specified .
P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and
subcontractors employed on the project , subject to reasonable directions by the Contractor as to their proper and most efficient
utilization .
P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe ope rating and
sanitary condition for the duration of the Contract. Upon completion of the Contract , all such temporary work and facilities shall be
removed from the premises and disposed of unless otherwise directed or specified hereunder.
P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects
under $1 ,000 ,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City.
The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For
construction contracts with a bid price in excess of $1 ,000 ,000 .00 , the Contractor shall provide a separate field office for the City 's
field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather ,
and each office shall have a lockable door, at least one window , adequate electrical outlets and lighting , and a shelf large enough to
accommodate perusal of the project drawings . Openings shall have suitable locks . Field offices shall be maintained for the full time
during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and
equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday . During warm weather the offices
shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the
Contract , the Contractor shall remove the building from the premises. In addition to the drawing shelf, prov ide for the City field
representatives office: one deck, four chairs , plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less
than 120 square feet of floor space.
The Contractor shall provide and maintain storage sheds other temporary buildings or trailers on the project site as required for his
use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed , or as directed .
P-5 TELEPHONE: The Contractor shall provide and pay for telephone installation and service to the field offices described
above . Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an
automatic telephone-answering device at the site office for the duration of the project. Contractor will install separate fax lines and
instruments for the City and the Contractor.
P-6 TOILET FACILITIES : The Contractor shall provide proper , sanitary and adequate toilet facilities for the use of all
workmen and subcontractors employed on the project.
P-7 UTILITIES : Contractor shall make all necessary arrangements and provide for temporary water and electricity required
during the construction . Contractor shall provide and install temporary utility meters during the contract construction period . These
meters will be read and the Contractor will be billed on this actual use . The Contractor shall provide all labor and mate rials required
to tap into the utilities . The Contractor shall make the connections and extend the service lines to the construction area for use of all
trades . Upon completion of the work all utility lines shall be removed and repairs made to the existing lines . Only utilities at existing
voltages , pressures , frequencies , etc . will be available to the Contractor .
Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on
the Drawings . Pipe water from the source of supply to all points where water will be required . Provide sufficient hose to carry water
to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work . Provide
pumps , tanks and compressors as may be required to produce required pressures .
Electric Service . Provide adequate electric service for power and lighting to all points where required . Temporary , electric service
shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors , welding
machines , lights , heating plant, air conditioning system , pumps, and other work required . Provide sufficient number of electric outlets
so that 50 foot long extension cords will reach all work requiring light or power.
Lighting . Supply and maintain temporary lighting so that work of all trades may be properly and safely performed , in such areas and
at such time that day-lighting is inadequate . Provide at least 0 .75 watts of incandescent lighting per squqr4e foot and maintain a
socket voltage of at least 110 volts . Use at least 100-watt lamps. In any event , the lighting intensity shall not be less than 5 foot
candles in the vicinity of work and traffic areas.
P-8 HEATING : Heating devices required under this paragraph shall not be electric . The Contractor shall provide heat,
ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to
prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes . All such
heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition , the Contractor shall
provide heat ventilation prior and during the following work operations as follows:
a) At all times during the placing , setting and curing of concrete provide sufficient heat to insure the heating of the spaces
involved to not less than 40 F.
General Conditions for Facility Construction Lump Sum Contract
Police Vehicle Impound Lot at Brennanarch (December 2011)
25 of26
b) From the beginning of the application of drywall and during the setting and curing period , provide sufficient heat to produce a
temperature in the spaces involved of not less than 55 F.
c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting,
decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F.
P-9 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION: The Contractor shall provide , maintain, and
remove upon completion of the work all temporary rigging, scaffolding , hoisting equipment, rubbish chutes , ladders to roof ,
barricades around openings , and all other temporary work as requ ired to complete all work of the Contract. Contractor shall
coordinate the use and furnishing of scaffolds with his sub -contractors .
The Contractor shall provide , maintain , and remove upon completion of the work , or sooner , if authorized by the Owner , all fences ,
barricades , lights, shoring , pedestrian walkways, temporary fire escapes , and other protective structures or devices necessary for
the safety of workmen, City employees , equipment , the public and property .
All temporary construction and equipment shall conform to all regulations , ordinances, laws and other requirements of the
authorities having jurisdiction , including insurance companies , with regards to safety precautions, operation and fire hazard .
The Contractor shall provide and maintain pumping facilities, including power, for keeping the site , all times , whether from
underground seepage, rainfall, drainage of broken lines.
The Contractor shall maintain prov ision for closing and locking the building at such time as possible to do so . If this is not feasib le,
mainta in a night
The Contractor shall provide and maintain all barricades or enclosures , required to protect the work in progress from outside
elements , dusts , and other disturbances as a result of work under this Contract. Such protection shall be posit ive , shall meet the
approval of the Owner and shall be maintained for the duration of the construction period or as requ ired to provide for the protection
as specified .
P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish , install and maintain during the life of the project a weather-
tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for
locking . The bulletin board shall be mounted where and as approved by the Owner, in a prominent place accessible to employees
of the Contractor and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the
Contractor and shall be removed by him upon completion of the Contract work. The following information which will be furnished by
the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable
condition at all times for the duration of the Contract.
a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38).
b . Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the
Davis-Bacon Act.
c . Safety Posters .
SECTION Q
VENUE
Should any action arise out of the terms and conditions of this contract , venue for said action shall lie in Tarrant County , Texas .
General Conditions for Facility Construction Lump Sum Contract
Police Vehicle Impound Lot at Brennanarch (December 2011)
26 of26
CITY OF FORT WORTH, TEXAS
CONSTRUCTION CONTRACT
THE ST ATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL BY THESE PRESENTS:
This agreement made and entered into this the~ day of-December A.O., 2011., by
and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County,
Texas, organized and existing under and by virtue of a special charter adopted by the
qualified voters within said City on the 11th day of December, A.O. 1924, under the
authority (vested in said voters by the "Home Rule" provision) of the Constitution of
Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said city, hereinafter called OWNER, and Tegrity Contractors, Inc. of the
City of McKinney, County of Collin, State of Texas hereinafter called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by the Owner, and under the
conditions expressed in the bond bearing even date herewith, the said Contractor
hereby agrees with the said Owner to commence and complete the construction of
certain improvements described as follows:
Police Auto Pound Facility Renovations
2500 Brennan Avenue
Fort Worth, Texas
Project No. TPW2011-03
That the work herein contempl~ted shall consist of furnishing as an independent
contractor all labor, tools, appliances and materials necessary for the construction and
completion of said project in accordance with the Plans and Specifications and Contract
Documents adopted by the City Council of the City of Fort Worth, which Plans and
Specifications and Contract Documents are hereto attached and made a part of this
contract the same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said
work within ten (10) days after being notified in writing to do so by the Owner.
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of
the aforesaid work, and for stated additions thereto or deductions therefrom, the price
shown on the Proposal submitted by the successful bidder hereto attached and made a
part hereof. Payment will be made in monthly installments upon actual work completed
by contractor and accepted by the Owner and receipt of invoice from the Contractor.
,,
The agreed upon total contract amount shall be $179,950.00 and includes the base bid.
Contractor agrees to complete the project, suitable for occupancy and beneficial use,
within 90 calendar days.
OFFICIAL RECORD
CITY SECK£TAR •
FT .. WO H, "f'l
'
Insurance ~ltitl~~~tt ··'
The Contractor shall not commence work under this contract until it has obtained
all insurance required under the Contract Documents, and such insurance has
been approved by the Owner. The Contractor shall be responsible for delivering
to the Owner the sub-contractors' certificates of insurance for approval. The
Contractor shall indicate on its certificate of insurance included in the documents
for execution whether or not its insurance covers subcontractors. It is the
intention of the Owner that the insurance coverage required herein shall include
the coverage of all subcontractors
a. WORKER'S COMPENSATION INSURANCE:
• Statutory limits
• Employer's liability
• $100,000 disease each employee
• $500,000 disease policy limit
• $100,000 each accident
b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall
procure and shall maintain during · the life of this contract public liability
insurance coverage in the form of a Commercial General Liability
insurance policy to cover bodily injury, including death, and property
damage at the following limits: $1,000,000 each occurrence and
$2,000,000 aggregate limit.
• The insurance shall be provided on a project specific basis and shall
be endorsed accordingly.
• The insurance shall include, but not be limited to, contingent liability for
independent contractors, XCU coverage, and contractual liability.
c. BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident
• The policy shall cover any auto used in the course of the project
d. BUILDER'S RISK OR INSTALLATION FLOATER:
This insurance shall be applicable according to the property risks
associated with the project and commensurate with the contractual
obligations specified in the contract documents.
e. EXCESS LIABILITY UMBRELLA
• $1,000,000 each occurrence; $2,000,000 aggregate limit.
• This insurance shall provide excess coverage over each line of liability
insurance required herein. The policy shall follow the form(s) of the
underlying policies.
f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance
required under the above paragraphs shall provide adequate protection for
the Contractor and its subcontractors, respectively, against damage
claims which may arise from operations under this contract, whether such
operations be by the insured or by anyone directly or indirectly employed
by it, against any insurable hazards which may be encountered · in the
performance of the Contract.
g. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish
the owner with satisfactory proof of coverage by insurance required in
these Contract Documents . in the amounts and by insurance carriers
satisfactory to the Owner. The form to be used shall be the current Accord
certificate of insurance form or such other form as the Owner may in its
sole discretion deem acceptable. All insurance requirements made upon
. the Contractor shall apply to the sub-contractors, should the Contractor's
insurance not cover the subcontractor's work operations performed in the
course of this contracted project.
ADDITIONAL INSURANCE REQUIREMENTS:
a. The Owner, its officers, employees and servants shall be endorsed as an
additional insured on Contractor's insurance policies excepting employer's
liability insurance coverage under Contractor's workers' compensation
insurance policy.
b. Certificates of insurance shall be delivered to the City of Fort Worth,
contract administrator in the respective department as specified in the bid
documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to
commencement of work on the contracted project.
c. Any failure on part of the Owner to request required insurance
documentation shall not constitute a waiver of the insurance requirements
specified herein.
d. Each insurance policy shall be endorsed .to provide the Owner a minimum
thirty days notice of cancellation, non-renewal, and/or material change in
policy terms or coverage. A ten days notice shall be acceptable in the
event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have
a current AM. Best rating of A:VII or equivalent measure of financial
strength and solvency.
f. Deductible limits, or self-funded retention limits , on each policy must not
exceed $10,000 . per occurrence unless otherwise approved by the
Owner.
g. In lieu of traditional insurance, Owner may consider alternative coverage
or risk treatment measures through insurance pools or risk retention
groups. The Owner must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed
on the project shall be endorsed with a waiver of subrogation providing
rights of recovery in favor of the Owner .
.
i. Owner shall not be responsible for the direct payment of insurance
• premium ' costs for contractor's insurance.
· Contractor's insurance policies shall each be endorsed to provide that
such insurance is primary protection and any self-funded or commercial
coverage maintained by Owner shall not be called upon to contribute to
loss recovery .
k. In the course of the project, Contractor shall report, in a timely manner, to
Owner's officially designated contract administrator any known loss
occurrence which could give rise to a liability claim or lawsuit or which
could result in a property loss.
I. Contractor's liability shall not be limited to the specified amounts of
insurance required herein.
m. Upon the request of Owner, Contractor shall provide complete copies of
all insurance policies · required by these contract documents.
If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in
the full amount of the contract. If the contract is in excess of $100,000 Contractor shall
provide both Payment and Performance Bonds for the full amount of the contract.
Contractor shall apply for all City of Fort Worth Permits and for any other . permits
required by this project. City of Fort Worth Permit fees are waived. Separate permits
will be required for each facility.
If the Contractor should fail to complete the work as set forth in the Plans and
Specifications and Contract Documents within the time so stipulated, plus any additional
time allowed as provided in the General Conditions, there shall be deducted from any
monies due or which may thereafter become due him, the liquidated damages outlined
in the General Conditions, not as a penalty but as liquidated damages, the Contractor
and his Surety shall be liable to the Owner for such deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be
signed in four counterparts .in its name and on its behalf by the City Manager .and
attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The
Contractor has executed this instrument through its duly authorized officers in four
counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the I 'I day of __ f1_c. ____ A.D., 2011.
Tegrity Contractors, Inc. APPROVED:
By:~
Roger Roulette
Vice President
CITY OF FORT WORTH
By:
By:
6f(J
APPR
By:
OMMENDED:
W.w
Doug s W. Wiersig, Direct r
Trans ortation and Public arks
Doug as W. Black
Assistant City Attorney
By:
/L onald P. Gonzales
nsJrCity Secretary
M&C C-25314
~
December 6, 2011
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CERTIFICATE OF INSURANCE
STANDARD FORM BY INSURER
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes , Contractor_certifies
that it provides worker's compensation insurance coverage for all of its employees
employed on City of Fort Worth project:
Police Auto Pound Facility Renovation
2500 Brennan Avenue
Fort Worth, Texas
Project No. TPW2011-03
Tegnty , . --
Rog~r Roule. tte _
By: .-""'---~~--=c---------
ST ATE OF TEXAS §
COUNTY OF TARRANT §
0c, ~J,;--1
TitJe
rz/11 I tr
~ o'ate
BEFORE ME, the undersigned authority, on this day personally appeared · R. 03 er . 7200(~:t:f<.. , known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed 9f ,c.c.. fprc.&1 ·.0-1 t> {.. -r:e_ r ~I( c,-'( ,.._ c. ~"".>Le , for the
. purposes and considerations therein expressed and in e capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ /_'-( ___ day of
e c... , 20 It
(a) Contractor agrees to ·provide to the City a certificate showing that it has obtained
a policy of workers compensation insurance covering each of its employees on
the project in compliance with state law. No Notice to Proceed will be issued until
the Contractor has complied with this section.
(b) Contractor agrees to require each and every subcontractor who will perform work
on the project to provide to it a certificate from such subcontractor stating that the
subcontractor has a policy of workers compensation insurance covering each
employee employed on the project. Contractor will not permit any subcontractor
to perform work on the project until such certificate has been acquired.
Contractor shall provide a copy of all such certificates to the City.
• ~
I -~
'n
• I')
• ~
• • ~~
4'-o·
2 '-0" 2'-0"
---CENTERLINE OF
SIGN, LOGO &
TEXT INFORMATION
Project Title
Architect:
Architect's_ Name
Contractor:
Contractor's Name
FUNDED BY
(List Bond Fund , etc.)
SCHEDULED COMPLETION DATE
YEAR
SIGN COLOR & FONT:
BACKGROUND -WHITE
• 0
I
~
BORDER -5/16"W1DE, 3"RADIUS CORNERS, PMS 288 (BLUE)
TEXT -HELVETICA or ARIAL, PMS 288 (BLUE)
FORT WORTH LOGO COLORS & FONT:
FORT WORTH -PMS 288 (BLUE), CHELTENHAM BOLD
LONGHORN LOGO -PMS 725 {BROWN)
PROJECT DESIGNATION SIGN
Instructions to Offerors Page 25 of25
Police Auto Pound Faci lity Renovation (July 2011)
Bond # 0SACSU0579037
PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
KNOW0 ALL BY THESE PRESENTS:
That we, (1) Tergrity Contractors, Inc., as Principal herein , and (2) ___ _
Allegheny Casua lty Com pan y a corporation
organized under the laws of the State of (3) __ P_en_n ...... sy_lv_an_ia ___ _ and who is
authorized to issue surety bonds in the State of Texas, Surety herein, are held and
firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and
Denton Counties, Texas, Obligee herein, in the sum of One Hundred Seventy Nine
Thousand, Nine Hundred Fifty Dollars and No Cents DollQrs ($179,950.00) for the
payment of which sum we bind ourselves , our heirs, executors, administrators ,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a certain written contract with the Obligee
dated the 5th day of December, 2011, a copy of which is attached hereto and made a
part hereof for all purposes, for the renovation of the Police Auto Pound Facility
Renovation at 2500 Brennan Avenue. Fort Worth, Texas, Proiect No. TPW2011-03,
NOW, THEREFORE , the condition of this obligation is such , if the said Principal
shall faithfully perform the work in accordance with the plans , specifications, and
contract documents and shall fully indemnify and hold harmless the Obligee from all
costs and damages which Obligee may suffer by reason of Principal 's default, and
reimburse and repay Obligee for all outlay and expense that Obligee may incur in
making good such default, then this obligation shall be void ; otherwise , to remain in full
force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of
the Texas Government Code, as amended , and all liabilities on this bond shall be
determined in accordance with the provisions of such statute, to the same extent as if it
were copied at length herein.
IN WITNESS WHEREOF , the duly autho rized representatives of the Principal
and the Surety have executed this instrument.
SIGNED and SEALED this __ 9_th ___ day of ____ D_e_c_em_b_e_r ___ , 2011.
Wi tness as to Principal
ATTEST:
Tegrit y Co ntracto rs , In c.
Name: -L-=..;..:+--Po.!...;::;;;.:D;..=J:....:.....:{~::.....k....:...._;==--
Title: _ ___,Vi~,c.=· <-~____,f}<--.;..r._"=c.5_,_o __ + __
Address: ___ 1_06_E_._u_n_iv_er_s1--=·ty ___ _
McKi nn ey , Texas
75069
A ll egheny Cas ua lty Co~pany :~RET~.
... /. ..................... ,
<-tA fXJ11; <<r rcttrc JwJ. Name: B B Id
. 2 'J .--~ ·-._ /_
re nt a wi n::-_ _. :· ,,.. •. ; ,
Secretary Lin dsay Mitchell Attorney in .Fait -:-.. : .;. . -.
-.... ' -_-
(SE AL) Address: One Newark Cente-;-2ath .Fl oor ---------'--~
Newark, NJ -,...;_~--~·:::::::;;;:.-;,.-••
0 7102
Witness as to Surety Candice Pierson Telephone Number: S00 -333 -4167 X246
NOTE: (1)
(2)
(3)
Correct name of Principal (Contractor).
Correct name of Surety.
State of incorporation of Surety
Telephone number of surety must be stated . In addition, an original copy
of Po w er of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
. ....
Bond # DSACSU0579037
PAYMENT BOND
THE ST ATE OF TEXAS
COUNTY OF TARRANT
§
§
§
KNOW ALL BY · THESE PRESENTS:
That we, (1) Tegrity Contractors, Inc., as Principal herein, and (2) ____ _
All egheny Casualty Company a corporation
organized and existing under the laws of the State of (3) ___ P_en_n~sy_lv_an_ia __ _ as
surety , are held and firmly bound unto the City of Fort Worth, a municipal corporation
loca ted in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One
Hundred Seventy Nine Thousand, Nine Hundred Fifty Dollars and No Cents
Dollars ($179,950.00) for the payment whereof, the said Principal and Surety bind
themselves and their heirs , executors , administrators, successors and assigns, jointly
and severally, firmly by these presents:
WHEREAS , the Principal has entered into a certain written contract with the Obligee
dated the 5th day of December, 2011, which contract is hereby referred to and made a
part hereof as if fu l ly a n d to the same extent as if copied at length , for the following
project: Police Auto Pound Facility Renovation at 2500 Brennan Avenue. Fort
Worth , Texas, Project No. TPW2011-03.
NOW , THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall faithfully make payment to each and every claimant (as defined
in Chapter 2253 , Texas Government Code , a s amended) supplying labor or materials in
the prosecution of the work under the contract, then this obligation shall be void;
othe rwise , to remain in f ull force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of
the Texas Government Code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of said statute , to the same extent as if it
were copied at length herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal
and the Su rety have executed this instrument.
SIGNED and SEALED this _..._.9t-.b ___ day of ___ __...Q ..... e_ce_m_h_er ____ , ~.
(SE AL)
~~ W kd::t,1HTlriJ..-.._
Witness as to Principal
ATTEST :
Tegrity Contractors, Inc.
75069
A lle2:h env Ca sualty Company
SURE~.
By:--~---"-----='-----~-, .. ,; ... ~
Name: Brent Baldwin -:-":---~.::······---._::->~
Attorney in F~ : ·-: :;: _ -\·
-~. . -. -
(SE AL) Address: One Newark Center, ,.0th Floor -.. . ----. --
Newark, NJ ·--_,: =2::·_·;-;,-;:;> .--··
"""' ,... , ...
07 102
Witness as to Surety Candice Piers on Telephone Number: 800-333-4167 X246
NOTE: (1)
(2)
(3)
Correct name of Principal (Contractor).
Correct name of Surety.
State of incorporation of Surety
Telephone number of surety must be stated . In addition, an original copy
of Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
IMPORTANT NOTICE
To obtain information or make a complaint:
You may caJl lnternationaJ FideJity Insurance
Company's toll-free telephone number for information
or to make a complaint at:
1-800-333-4167
You may also write to International Fidelity Insurance
Company at:
Attn: Claims Department
One Newark Center, 20th Floor
Newark, NJ 07102
You may contact the Texas Department oflnsurance
to obtain information on companies, coverages, rights
or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. 0 . Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http ://v.'Ww .tdi .state. tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES;
Should you have a dispute concerning your premium
or about a claim you should contact the (agent)
(company) (agent or the company) first. If the dispute
is not resohed, you may contact the Texas Department
of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not
become a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
Usted puede llamar al numero de te]efono gratis de
International Fidelity Insurance Company 's para
informacion o para someter una queja al:
1-800-333-4167
Usted tambien puede escribir a International Fidelity
Insurance Company:
Attn: Claims Department
One Newark Center, 20th Floor
Newark, NJ 07102
Puede comunicarse con el Departamento de Seguros de
Texas para obtener informacion acerca de companias,
coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de Texas:
P. 0. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www .tdi.state.tx.us
E-mail: ConsumerProtection @tdi.state.tx.us
DISPUTAS SOBRE PRIM.AS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, dehe comunicarse con el (agente) (la
compania) (agente o la compania) primero. Si n o se
resuelve la disputa, puede entonces comunicarse con el
departarnento (TDI).
UNA ESTE A ,1so A SU FU.NZA DE GAR.\~TL.:\:
Este a,iso es solo para proposito de informacion y no
se com-ierte en parte o condicion de1 documento
adjunto .
KNOW ALL MEN BY THESE PRESENTS: That ALLEGHENY CASUALTY COMPANY, a corporation organized and existing pursuant to the laws
of the State of Pennsylvania , and having its princ ipal office in the City of Newark, New Jersey, does hereby co nstitute and ap point
.. · · .. ·.· .. ·,,· ..... · ... · ... · ... , .· ... ·.·.,,v.· .. ,v ... , ... '.',· .• ,;.·,.·.', .. ·.,.,, . .-', .......•.... ' -...... , .•..... •.,,·.,· •.. ,,,·,·.-, ... -,,-;· .. -,,,.,,', ,,·.·.· .. ·;.•,,.·. .·.,, .. \,
WILLIAM D . BALDWIN, BLAINE ALLEN , BRENT BALDWIN, BRADY K. COX, MICHAEL B. HILL,
BROCK BALDWIN
Dallas, TX .
: ..... -.•, ... •.• .. ·.·,,.,,. ... ·,',-,,.., ..... ,..,,.. . .... -......... -,.,.,.,,,,, .. ,-,-,. •, .,.-.·.·.,.,,-...... ,,,.-.-..• ,•.. ..-r .. -..• -.. -., ... ·.,.~.-.-,,.·,,,.,,., ... •,• .. -. .. ·.-,·,y .• • •..• :,., .. •, •. , •• -•• ·•• .•• ,.· .• · •• ·.·.·.·.·, .. • •. ·.·.-•. · •.. · •••.. h •• ,,,,.,. •• , • .,,,,,. • .,,-•• -.-, •• -.~ •••• -.·.·.·., ........... -.· ••••••••••• • ••••• ·•• ••• ,, •• ,:
its true and lawful attomey (s)-in-fact to execute, seal and deliver for and on its behalf as surety , any and all bonds and undertakings , contracts of indemnity and
other writings obligatory m the nature thereof, which are or may be allowed , required or permitted by law, stature, rule , regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents , shall be as bmding upon the said ALLEGHENY CASUALTY COMPANY,
as fully and amply , to all intents and purposes , as if the same had been duly executed and acknowledged by its regularl y elected officers at its
principal office.
This Power of Attorney is executed, and may ll_e rev oked , pursuant to and by authority of Article 3-Section 3 , of the By-Laws adopted by the Board of
Directors of ALLEGHENY CASUALTY COMPANY at a meeting called and held on the. 7th da y of February, 1974 .
The power of attorney is granted under and by authority of the following resolution adopted by the Board of Directors of ALLEGHENY CASUALTY
COMPANY at a meeting duly held on the 15th day of August , 2000. -
RESOLVED , that (I ) the President , Vice President , or Secretary of ALLEGHENY CASUALTY COMPANY shall have the power to appoint, and
ro revoke the appointments of, A.ttorneys-in-Fact or agents w,ith power and authority as defir:ied or limite~ in their respective powers of attorney , and
to execute oil behalf of the Company and affix the Company s seal thereto , bonds , undertakmgs, recogtuzances, contracts of indemmty and other
written obliiations in the nature thereof of related thereto: and (2) any such Officers of the Company may appoint and revoke the appointments of
j oint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the
Company ; and (3) the signature of any such Officer of ALLEGHENY CASUALTY COMPANY a nd the Company seal may be affixed by facsimile
to any power of attorney or certification given for the execution of any bond, undertaking , recognizance, contract of indemnity or other written
obli~atlon in the i:iarure thereof or related thereto , such si,gnature and seals when so used whether heretofore or hereafter, being hereby adopted by
the 1..-ompany as the original signature of such officer ana the original seal of the Company , to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN TESTIMONY WHEREOF, ALLEGHENY CASUALTY COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer , this 12th day of November, A.D. 2009 .
STATE OF NEW JERSEY
County of Essex
ALLEGHENY CASUALTY COMPANY
Secretary
On this 12th day of November 2009, before me came the individual wh. o executed the preceding instrument , to me personally_known, and, beini by me duly
sworn, said the he is tbe therein described and authorized officer of the ALLEGHENY CASUALTY COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company ; that the said Corporate Sea.I and his signature were duly affixed by order of the Board of Directors of
said Company.
JN TESTIMONY WHEREOF , I have hereunto set my hand affixed my Official Seal ,
at the City of Newark , New Jersey the day and year first above written.
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires March 27, 2014 CERTIFICATION
I , the undersigned officer of ALLEGHENY CASUALTY COMPANY do hereby cert[_fy th;_t.I•h:ve';o , pared the foregoing copy of the
Power of Attorney and affidavit , and the copy of the Section of the By-Laws of said CompaAy ·A ec.(01·:::i in s.a id Power of Attorney , with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcrj~ts tnt;J-eof and ·-th e whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect :::-~· .·>·...,. -~ ·,_ ~ . . ·.· . . . . . ... ' ~. .. ' .
BUILDERS RISK COVERAGE DECLARATIONS
The Declarations , Supplemental Declarations, Common
Policy Conditions, Commercial Inland Marine Conditions,
Coverage Form(s) And Endorsement(s), if any, issued to
and forming a part thereof, complete the Commercial
Insurance Policy numbered as follows :
1RJ New Policy BR70768884
0Renewalof
0 Rewrite of
American Zurich Insurance Company
A Stock Company
Administrative Office: 1400 American Lane
Schaumburg, IL 60196
THIS IS A COINSURANCE CONTRACT
Please read your policy.
In return for the payment of the premium, and subject to all terms of th is pol icy, we agree with you to provide the
insurance as stated in this policy.
1. Named Insured and Mailing Address:
Tegrity Contractors
106 E University
McKinney, TX 75069
3. Policy Period -From: 1211912011 To: 06/1912012
12:01 a.m. at your mailing address above.
2. Producer Information:
A Name : BALDWIN-COXAGENCY
5930 PRESTON VIEW BLVD
DALI.AS, TX 75240-4766
#02342475
8 Telephone # 972-644-2688
C Fax# 972-644-8035
D Zurich Producer# 02342475
E Field Office Name TEXAS EAST
F Field Office Code 57
4. Form of Business: D Individual D Partnership ~ Corporation D Joint Venture D Other
5. Limits of Insurance ( either One-Shot or Reporting Form as indicated below)
IR) SUPPLEMENTAL DECLARATIONS
(If this box is checked , Supplemental Declarations is attached to and forms a part of this policy)
0 Reporting Form (continuous policy) IE] One-Shot (non-reporting form/single structure policy)
D Annual Rate D Monthly Rat.e (HBIS -4)
A) Any one building or structure
B) All covered property at all locat ions
C) Rate
D) Premium
E) Total Taxes and Surcharges
(per attached endorsement-NIA in
NY)
F) Total Fully Earned Policy Premium
$
$
Per Report
Per Report
Per Report
Per Report
D 1-4 Family Dwelling ~ Commercial Structure
Property Location
2500 Brennan Ave
Fort Worth, TX 76106
New Construction
A) Any one building or structure
B) All covered property at all locations
(same as A unless otherwise noted)
Remodeling
D) Renovations and improvements
E) Existing buildings or structures
F) Rate
G) Premium
H) Total Taxes and Surdlarges
(per attached endorsement)
$ 179,500
$ 179,500
$ See new ronstructlon
$
$
$
$
0.165
400.00
0.00
I) Total Fully Earned Policy Premium $
(minimum premium aoolicable}
400.00
6. Deductible: []$500 @$1 ,000 0$2,500 0$5,000 00ther
7. Forms Applicable To This Coverage Part
SEE SCHEDULE OF FORMS AND ENDORSEMENTS
Countersigned: --------------By :
Date Authorized Representative
FM-170001 (04-10)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY NUMBER
BR7076B884
NAMED INSURED
Tegrity Cantractars
106 E University
McKinney, TX 75069
POLICY CHANGES
POLICY CHANGES
EFFECTIVE
From 12/19/2011To 06/19/2012
COMPANY
Policy Change
Number
American Zurich Insurance Company
AUTHORIZED REPRESENTATIVE
BALDWIN-COX AGENCY
5930 PRESTON VIEW BLVD
DALLAS , TX 75240-4766
#02342475
COVERAGE PARTS AFFECTED
Builders R isk Coverage
Add itional Insured:
City af Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
IL 12 01 11 85
CHANGES
Authorized Representative Signature
Copyright, Insurance Services Office, Inc., 1983
Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 1
BUILDERS RISK COVERAGE SUPPLEMENTAL DECLARATIONS
Policy Number: BR70768884
Policy Type: 0 Reporting Forms (continuous policy) OR [Kl One-shot (non-reporting form/single structure policy)
ADDITIONAL COVERAGES (COVERAGE FORM) LIMIT OF INSURANCE
a . Collapse
b. Scaffolding, Construction Forms And Temporary Structures
Re-erection Of Scaffolding
c. Debris Removal
d . Back-Up Or Overflow Of Sewers, Drains Or Sumps
e. Fire Department Service Charge
f. Valuable Papers And Records
g . Pollutant Clean-Up And Removal
h . Ordinance Or Law-Direct Damage
Loss To The Undamaged Portion Of The Building
Demolition Cost
Increased Cost Of Construction
Combined Aggregate For Demolition Cost And Increased Cost Of Construction
i. Preservation Of Property
j . Rewards
k. Property At A Temporary Storage Location
I. Property In Transit
OPTIONAL ADDITIONAL COVERAGES (ENDORSEMENTS)
D Business Income (HBIS-95)
Anticipated Project Completion Date
Monthly Limit Of Indemnity
Deductible Period
Civil Authority
0 Business Income And Extra Expense (HBIS-82)
Anticipated Project Completion Date
Monthly Limit Of Indemnity
Deductible Period
Business Income
Extra Expense
Civil Authority
0 Development Or Subdivision Fences, Walls And Signs (HBIS-58)
0 Expediting Expense (HBIS-93)
0 Extra Expense (HBIS-92)
. 0 Marine Model Home Contents Coverage {0 HBIS-52 -OR-D HBIS-77)
D Soft Costs Coverage (HBIS-88)
Anticipated Project Completion Date
Deductible Period
Expense To Mitigate Loss
Civil Authority (coverage extended for 3 additional consecutive weeks)
OPTIONAL COVERAGE EXTENSION (ENDORSEMENT)
0 Builders Risk Green Building Coverage Extension (HBIS-96)
Aggreiate Limit of Liability
"LEED Building Rating•
Included
$ 20 ,000
$ 10,000
$ 20,000
$ 5,000
$ 10,000
$ 20,000
$ 15,000
Included
$
$
$
Included
$ 10,000
$ 10,000
$ 25,000
$
(fraction)
days
Included
$
(fraction)
days
Included
Included
Included
$
$
$
$
$
days
Included
Included
$
HBIS-91 (04-09)
Policy Number BR70768884
SCHEDULE OF FORMS AND ENDORSEMENTS
Named Insured: Tegrity Contractors
Agent Name: BALDWIN-COX AGENCY
Effective Date: 12/19/201 l
12:01 AM, Standard Time
Agent No.: 02342475
990003(02-07), FMl 70001(04/10), IL1201(1 l/85), HBIS-91(04/09), U-GU-619-A CW(I0/02), U-GU-630-C(l2/07),
U-GU-767-A(Ol/08), CM0001(09/04), ILOOl 7(11/98), 40471(04/09), CM0112(01/ll), HBIS-1(04/09), HBIS-66(4/09),
HBIS-67(04/09), HBIS-83(04/09), HBIS-84(04/09), IL0003(09/08), ILO 171 (09/07), IL0288(09/07),
U-GU-319-F(Ol/09)
U-GU-619-A CW (10/02)