HomeMy WebLinkAboutContract 56073 CSC No. 56073
CONSTRUCTION SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
INSITE AMENITIES,L.P.
This CONSRUCTION SERVICES AGREEMENT ("Agreement"), is by and
between the City of Fort Worth, a Texas home-rule municipal corporation, acting by and
through its Assistant City Manager ("City"), InSite Amenities, L.P., a Texas limited
partnership, acting by and through it duly authorized representative ("Contractor"), and L.J.
Design & Construction, LLC, a Texas limited liability company, acting by and through Greg
Woolsey, its duly authorized Managing Member("Subcontractor").
WHEREAS, City previously purchased four Poligon shade structures from Contractor
pursuant to a separate agreement; and
WHEREAS, City desires Contractor, through its Subcontractor, to install the Poligon
shade structures at the McLeland Tennis Center located at 1600 W. Seminary Drive, Fort
Worth, Texas 76115; and
WHEREAS, City is procuring Contractor's services pursuant to a Local Government
Purchasing Cooperative BuyBoard contract;
NOW THEREFORE, in consideration of the above recitals and the covenants and
conditions set forth herein,the parties agree as follows:
1. Scope of Work. Contractor shall install four Poligon shade structures at
McLeland Tennis Center in accordance with the terms and conditions of this Agreement and the
Scope of Work and Quote which are attached hereto as Exhibit"A" and incorporated herein by
reference ("Work"). Contractor shall perform all Work in accordance with BuyBoard
Commodity Group 9592-19; Parks & Recreation Equipment and Field Lights Products and
Installation, a copy of which is attached hereto as Exhibit "B" and incorporated herein by
reference. In performance of the Work, Contractor shall further comply with the City's general
conditions which are attached hereto as Exhibit "C" and incorporated herein by reference.
Conflicting terms contained in BuyBoard Commodity Group 9592-19 shall control over the
same or similar general condition listed in Exhibit"C".
2. Contract Term.
a. Commencement. Work required under this Agreement shall begin no
later than 07/06/2021 and be completed not later than 08/13/2021 ("Term").The parties
may agree, in writing, to extend the Term of this Agreement.
b. Time of the Essence. Time is of the essence for this Agreement.
3. Contract Sum. City shall pay Contractor an amount not to exceed Fifteen
Thousand, Six Hundred Eighty dollars and no cents ($15,680.00) ("Contract Sum"), which shall
constitute full compensation for all Work to be performed under this Agreement. The Contract
Construction Services Agreement OFFICIAL RECORD
Poligon Shade Structure—McLeland Tennis Center CITY SECRETARY
InSite Amenities,L.P.
FT. WORTH, TX
Sum shall be calculated in accordance with Exhibits "A" and `B" The parties may amend this
Agreement to allow for additional payment if additional services are required, in accordance
with Section 5 of this Agreement.
4. Payment Schedule. City agrees to pay the Contractor on an invoice basis
pursuant to the Texas Prompt Payment Act, Texas Government Code Section 2251, each
payment to represent full and final, non-refundable payment for all Services provided herein
prior to the date invoiced.
5. Changes in the Work. City may order changes in the Work within the general
scope of the Agreement consisting of additions, deletions, or other revisions, the Contract Sum
and Term being adjusted accordingly. Such changes in the Work shall be authorized by written
Change Order or amendment signed by City and Contractor. If City requests additions to the
Work, the additions will be performed on a time and material basis at rates negotiated and
mutually agreed to by the parties in accordance with the terms of this Agreement.
6. Warranty and Correction of Defective Work. For a period of one (1) year
following the date of completion of the Work, Contractor represents and warrants to the City
that the materials furnished under this Agreement for the Work shall be new, of good quality, in
good working order, and perform as intended; and that this specific sub-element of Work will
be performed in conformance with this Agreement and professional "workmanlike" standards
and free from defective or inferior materials and workmanship (including any defects consisting
of "inherent vice," or qualities that cause or accelerate deterioration). Contractor shall
commence any work in accordance with this warranty within fourteen (14) calendar days from
receipt of written notice from City and complete such work within thirty (30) business days
thereafter at no expense to City. If City observes any breach of warranty as described herein
that is not curable by the Contractor, then the Contractor is responsible for reimbursing the City
for damages, expenses, and losses incurred by the City as a result of such breach. The
representations and warranties in this section shall survive the termination or other extinction of
this Agreement. The foregoing warranty is in addition to the warranty provided pursuant to
Exhibit "B" of this Agreement and the warranty provided to the City with the purchase of the
Poligon shade structure by City from Contractor pursuant to a separate agreement.
7. Indemnification. CONTRACTOR AND SUBCONTRACTOR COVENANT
AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND,AT THEIR OWN
EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS,
JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES,
COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND
COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES,
AND/OR SUITS OF ANY HIND OR NATURE, INCLUDING, BUT NOT LIMITED TO,
THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS'
COMPENSATION ACT LIABILITY, AND PROPERTY DAMAGE) AND/OR
PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND
ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS
SOUGHT, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR RESULTING FROM THE NEGLIGENT ACT,
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ERROR, OR OMMISSION OF THE CONTRACTOR AND SUBCONTRACTOR
AND/OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS,
MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS AGREEMENT.
8. Insurance. Subcontractor shall comply with the insurance requirements set forth
in Exhibit"D",which is attached hereto and incorporated herein for all purposes.
9. Contract Termination.
a. Termination for Convenience. The services to be performed under this
Agreement may be terminated by City, subject to written notice submitted twenty (20)
calendar days before termination, specifying the grounds for termination.
i. If the termination is for the convenience of City, City shall pay
Contractor for services actually rendered up to the effective date of termination
and reasonable restocking and equipment rental fees, and Contractor shall
continue to provide the City with services requested by City and in accordance
with this Agreement up to the effective date of termination.
b. Termination for Cause. If either party to this Agreement shall willfully
or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of
the covenants, agreements, or stipulations material to this Agreement, the other party
shall thereupon have the right to terminate this Agreement by giving written notice to
the defaulting party of its intent to terminate, specifying the grounds for termination.
The defaulting party shall have thirty (30) days after receipt of the notice to cure the
default (the "Cure Period"). If the default is not cured during the Cure Period, then this
Agreement shall terminate. Termination of this Agreement under this provision shall not
relieve the party in default of any liability for damages resulting from a breach or a
violation of the terms of this Agreement.
10. Contractor Compliance Responsibilities. Contractor shall give notices and
comply with all laws, ordinances, rules, regulations and orders of public authorities bearing on
performance of the Work. Contractor warrants that it is properly licensed in the state to perform
the Work required by this Agreement.
11. Time Extension, Force Majeure. City or Contractor, as appropriate, shall grant a
reasonable extension of time to the other party if conditions beyond the parties' control or Acts
of God, adverse weather conditions, flood, riot, civil insurrection, labor strikes, or orders of
local or federal government render timely performance of the parties' services impossible or
unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must
inform the other in writing within ten (10) days of the onset of such performance delay,
specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions
beyond either party's reasonable control shall not be considered a breach of this Agreement;
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provided, however, that such obligations shall be suspended only for the duration of such
conditions.
12. Permits. Required construction and/or governmental permits, if any, will be
obtained by Contractor prior to commencing the Work.
13. Safety. Contractor shall take all reasonable safety precautions with respect to
performance of the Work and shall comply with safety measures initiated by the City and all
applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of
persons and property. Contractor shall report to City within seven (7) days an injury to an
employee or agent of Contractor which occurred at the McLeland Tennis Center.
14. Concealed Conditions. If concealed or unknown physical conditions are
encountered at the McLeland Tennis Centerthat differ materially from those indicated in the
Agreement or from those conditions ordinarily found to exist at the McLeland Tennis
Centerand those conditions cause delay in the Work, the Contract Sum and/or Term shall be
equitably adjusted by written agreement of the parties.
15. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof, and no amendment, alteration, or
modification of this Agreement shall be valid unless in each instance such amendment,
alteration or modification is expressed in a written instrument, duly executed and approved by
each of the parties. There are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded hereby.
16. Severability. Should any portion, word, clause, phrase, sentence or paragraph of
this Agreement be declared void or unenforceable, such portion shall be modified or deleted in
such a manner as to make this Agreement, as modified, legal and enforceable to the fullest
extent permitted under applicable law.
17. Assignment. Neither party hereto shall assign, sublet or transfer its interest
herein without prior written consent of the other party, and any attempted assignment, sublease
or transfer of all or any part hereof without such prior written consent shall be void. This
Agreement shall be binding upon and shall inure to the benefit of City and Contractor and its
respective successors and permitted assigns.
18. Waiver. No waiver of performance by either party shall be construed as or
operate as a waiver of any subsequent default of any terms, covenants, and conditions of this
Agreement. The payment or acceptance of fees for any period after a default shall not be
deemed a waiver of any right or acceptance of defective performance.
19. Governing Law and Venue. If any action, whether real or asserted, at law or in
equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in
state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas — Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
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20. No Third-Party Beneficiaries. The provisions and conditions of this Agreement
are solely for the benefit of City and Contractor, and any lawful successor or assign, and are not
intended to create any rights, contractual or otherwise, to any other person or entity.
21. Contract Construction. The Parties acknowledge that each party and, if it so
chooses, its counsel have reviewed and revised this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party must
not be employed in the interpretation of this Agreement or any amendments or exhibits hereto.
22. Fiscal Funding Out. If, for any reason, at any time during any term of this
Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill
its obligations under this Agreement, City may terminate this Agreement to be effective on the
later of(i) thirty (30) days following delivery by City to Contractor of written notice of City's
intention to terminate or (ii) the last date for which funding has been appropriated by the Fort
Worth City Council for the purposes set forth in this Agreement.
23. Captions. Captions and headings used in this Agreement are for reference
purposes only and shall not be deemed part of this Agreement.
24. Audit. Contractor agrees that City will have the right to audit the financial and
business records of Contractor that relate to this Agreement(collectively"Records") at any time
during the Term of this Agreement and for three (3) years thereafter in order to determine
compliance with this Agreement. Throughout the Term of this Agreement and for three (3)
years thereafter, the Contractor shall make all Records available to City on 200 Texas Street,
Fort Worth, Texas 76102 or at another location in City acceptable to both parties following
reasonable advance notice by City and shall otherwise cooperate fully with City during any
audit. Notwithstanding anything to the contrary herein, this section shall survive expiration or
earlier termination of this Agreement.
25. Public Information Act. Contractor understands and acknowledges that City is a
public entity under the laws of the State of Texas and, as such, all documents held by City are
subject to disclosure under Chapter 552 of the Texas Government Code. Contractor shall
clearly indicate to City what information it deems proprietary. If City is required to disclose
any documents that may reveal any of Contractor's Proprietary Information to third parties
under the Texas Government Code, or by any other legal process, law, rule, or judicial order by
a court of competent jurisdiction, City will notify Contractor prior to disclosure of such
documents, and give Contractor the opportunity to submit reasons for objections to disclosure.
City agrees to restrict access to Contractor's information to those persons within its
organization who have a need to know for purposes of management of this Agreement. City
agrees to inform its employees of the obligations under this paragraph and to enforce rules and
procedures that will prevent any unauthorized disclosure or transfer of information. City will
use its best efforts to secure and protect Contractor's information in the same manner and to the
same degree it protects its own proprietary information; however, City does not guarantee that
any information deemed proprietary by Contractor will be protected from public disclosure if
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release is required by law. The foregoing obligation regarding confidentiality shall remain in
effect for a period of three (3) years after the expiration of this Agreement.
26. Counterparts and Electronic Signatures. This Agreement may be executed in
several counterparts, each of which will be deemed an original, but all of which together will
constitute one and the same instrument. A signature received via facsimile or electronically via
email shall be as legally binding for all purposes as an original signature.
27. Notices. All notices required or permitted under this Agreement shall be
conclusively determined to have been delivered when (i) hand-delivered to the other party, or
its authorized agent, employee, servant, or representative, or (ii) received by the other party or
its authorized agent, employee, servant, or representative by reliable overnight courier or United
States Mail, postage prepaid, return receipt requested, at the address stated below or to such
other address as one party may from time to time notify the other in writing.
To THE CITY: To CONTRACTOR:
David Creek,Acting Director InSite Amenities, L.P.
Park& Recreation Department Attn: Lisa Woolsey
City of Fort Worth 9176 Hyde Road
4200 South Freeway, Ste. 2200 Fort Worth, Texas 76179
Fort Worth, Texas 76115
With copies to:
City of Fort Worth
Attn: City Attorney
200 Texas Street
Fort Worth, Texas 76102
and
City of Fort Worth
Attn: City Manager's Office
200 Texas Street
Fort Worth, Texas 76102
28. Independent Contractor. It is expressly understood and agreed that Contractor
shall operate as independent entity in each and every respect hereunder and not as an agent,
representative, or employee of City. Contractor shall have the exclusive control and the
exclusive right to control all details and day-to-day operations and activities relative to
operation of Contractor and installation of the Work and shall be solely responsible for the acts
and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees,
and invitees. Contractor acknowledges that the doctrine of respondent superior shall not apply
as between City and Contractor, its officers, agents, servants, employees, contractors,
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subcontractors, licenses, and invitees. Nothing contained in this Agreement shall be construed
as the creation of a partnership or joint enterprise between City and Contractor.
29. Prohibition on Contracts With Companies Boycotting Israel. Contractor
acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is
prohibited from entering into a contract for goods or services with a company with 10 or more
full-time employees that has a value of $100,000 or more that is to be paid wholly or partly
from public funds of the City unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the contract. The term "boycott Israel"has the meaning ascribed to it by Section 808.001 of the
Texas Government Code. The term "company" has the meaning ascribed to it by Section
2270.001 of the Texas Government Code. To the extent that Chapter 2270 of the Government
Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that
Contractor's signature provides written verification to the City that Contractor: (1) does not
boycott Israel; and (2)will not boycott Israel during the term of this Agreement.
30. Immigration Nationality Act. Contractor shall verify the identity and
employment eligibility of its employees who perform work under this Agreement, including
completing the Employment Eligibility Verification Form (I-9). Upon request by City,
Contractor shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Contractor shall
adhere to all Federal and State laws as well as establish appropriate procedures and controls so
that no services will be performed by any Contractor employee who is not legally eligible to
perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Contractor, shall have the right to immediately terminate this Agreement for violations
of this provision by Contractor.
31. Authorization. By executing this Agreement, Contractor's agent affirms that he
or she is authorized by the Contractor to execute this Agreement and that all representations
made herein with regard to Contractor's identity, address and legal status (corporation,
partnership, individual, etc.) are true and correct.
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Executed by the parties on the dates indicated below to be effective on the dates set forth in
section 2.
ACCEPTED AND AGREED:
CITY:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
pJ administration of this contract, including
By: Valerie Washington(Jul22,202117:33 CDT) ensuring all performance and reporting
Valerie Washington requirements.
Assistant City Manager
Date: Jul 22, 2021
GgG��os�o/-MhgeG 1f9&hgl-
By: Marcus Gallegos for Michae Hatcher(Jul 13,202116:03 CDT)
APPROVAL RECOMMENDED: Name: Michael Hatcher
Title: Athletic Coordinator
Real-d ZA41t& APPROVED AS TO FORM AND
By: Richard Zavala(Jul 13,202117:27 CDT) LEGALITY:
Richard Zavala, Director
Park &Recreation Department
ATTEST: By: Nico Arias(Jul22,202116:09 CDT)
Nico Arias
Assistant City Attorney
By: CONTRACT AUTHORIZATION:
Ronald P. Gonzales M&C: N/A
Acting City Secretary Form 1295 Certification No.: N/A
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CITY SECRETARY
FT. WORTH, TX
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CONTRACTOR:
INSITE AMENITIES,L.P. ATTEST:
By: Y-
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Title: tr Name:
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SUBCONTRACTOR:
L.J. DESIGN& CONSTRUCTION,LLC ATTEST:
By: By: S� • lc �G� .��
Name: eg Wool
Title: M aging Member Name:
Date: z .z Title:
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EXHIBIT A
SCOPE OF WORK AND QUOTE
Contractor shall provide all labor, materials, equipment, services, and other items
required to install four Poligon shade structures, Poligon Fabric model ICAH 13' X 25' (shade
top dimension) cantilever hipped model with 2 columns and 9' minimum frame height clearance.
Installation shall be in accordance with the stamped drawings. Installation shall include sawcut
of existing concrete paving for 2 structure footings per shade structure. Installation further
includes 8 engineering footings with bolts to anchor columns. Contractor shall keep the work
area clean and free from debris. Contractor shall install non-permanent fencing to prevent public
access to the work area.
City shall clearly mark all utility locations prior to construction or demo for footings.
Contractor shall be responsible for obtaining all permits. City shall be responsible for paying all
permit costs directly to the permitting authority. City shall supply sufficient site access for
equipment to prepare and install concreate foundations and to unload, haul, and lift heavy frame
members to assemble frames.
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EXHIBIT B
BUYBOARD COMMODITY GROUP 4592-19
[DOCUMENTS ATTACHED TO THIS COVER PAGE]
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EXHIBIT C
GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
LUMP SUM CONTRACT
SECTION A
DEFINITIONS,PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and
drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited
to, the Contract, Proposal, General Conditions, Specifications, Plans, and all Addenda, Amendments
signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor
change in the Work.
A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the
Parties, and no prior or contemporaneous,oral or written agreements, instruments or negotiations shall be
construed as altering the terms and effects of the Contract Documents. After being executed, the
Contract Documents can be changed only by a written Amendment signed by the Contractor and the
City,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 the Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be
executed with all required attachments, including required insurance certificates, by the Contractor and
the City in such form as may be prescribed by law.
A-5 FAMILIARITY WITH PROPOSED WORK: Before executing the Agreement, the Contractor
shall examine carefully the, plans, specifications, special provisions, and the form of contract to be
entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the
conditions that will be encountered relating to the character,quality and quantity of work to be performed
and materials to be furnished. The execution of the Agreement by the Contractor shall be considered
evidence that he has complied with these requirements and has accepted the site as suitable for the work.
Claims for additional compensation due to variations between conditions actually encountered in
construction and as indicated by the plans will not be allowed.
A-6 ONE UNIFIED CONTRACT: Insofar as possible,the Contract Documents will be bound together
and executed as a single unified Contract. The intention of the Contract Documents being to provide for
all labor, supervision, materials, equipment and other items necessary for the proper execution and
completion of the Work. Words that have well-recognized technical or trade meanings are used herein in
accordance with such recognized meanings.
A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions,
Sections, Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work
among Subcontractors or Trades.
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A-8 AGE: In accordance with the policy ("Policy") of the Executive Branch of the federal government,
Contractor covenants that neither it nor any of its officers, members, agents, employees, program
participants or subcontractors, while engaged in performing this contract, shall, in connection with the
employment, advancement or discharge of employees or in connection with the terms, conditions or
privileges of their employment, discriminate against persons because of their age except on the basis of a
bona fide occupational qualification,retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors,
program participants,or persons acting on their behalf, shall specify,in solicitations or advertisements for
employees to work on this contract, a maximum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory
equipment.
Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City
harmless against any claims or allegations asserted by third parties or subcontractor against City arising
out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy
concerning age discrimination in the performance of this Agreement.
A-9 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in the
availability,terms and/or conditions of employment for applicants for employment with, or employees of
Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions
and any other applicable federal, state and local laws concerning disability and will defend, indemnify
and hold City harmless against any claims or allegations asserted by third parties or subcontractors
against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the
above-referenced laws concerning disability discrimination in the performance of this agreement.
SECTION B
[INTENTIONALLY OMITTED]
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, and Director of the Property Management Department and members
of the Facilities Management Division. A designated representative will be identified from within the
Facilities Management Division to act as a point of contact for day-to-day contract administration.
C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical
characteristics, legal limits and utility locations for the site of the Work; provided, however, that the
Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and
that the locations of utilities and other obstacles to the prosecution of the Work 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. 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
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of the Work in such manner and to such extent as may be reasonable and shall furnish information under
its control with reasonable promptness at the request of the Contractor.
C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor.
C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in
preparation and progress. The Contractor shall provide facilities for such access so the Owner may
perform its assigned functions under the Contract Documents.
C-5 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves
with the progress and quality of the Work and to determine if the work is proceeding in accordance with
the Contract Documents. On the basis of on-site observations and reports concerning the progress and
quality of the work,the Owner will approve and authorize the Contractor's applications for payments.
C-6 AUTHORITY TO STOP WORK: The City will have authority to reject work that does not
conform to the Plans and Specifications. Whenever, in its reasonable opinion, the City considers it
necessary or advisable in order to insure the proper realization of the intent of the Plans and
Specifications, the City 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. The Contractor shall be responsible for the cost of special inspections
and testing for work that is found not to comply with the plans and specifications.
C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Owner
that the Work is substantially complete, the Owner will schedule a Substantial Completion Inspection to
be conducted and attended by representatives of Owner and Contractor. Items identified during this
inspection as being incomplete,defective or deficient shall be incorporated into a punch list and corrected
by Contractor.
C-8 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the
Project for any reason. If the project is terminated,the Contractor shall:
a) Stop work under the Contract on the date and to the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the
work not terminated.
c) Terminate all orders and subcontracts to the extent that they relate to the performance of the
work terminated by the notice of termination.
After termination as above, the City will pay the Contractor a proportionate part of the contract price
based on the work completed; provided, however, that the amount of payment on termination shall not
exceed the total contract price as reduced by the portion thereof allocable 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.
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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 respondent superior shall
not apply.
D-3 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare
the Agreement, Conditions of the Contract, Addenda and modifications and shall at once report to the
Owner any error, inconsistency or omission he may discover. The Contractor shall do no work without
approved Submittals,Drawings, Specifications and Interpretations.
D-4 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable skill and
attention. He shall be solely responsible for all construction means, methods, safety, techniques,
sequences and procedures and for coordinating all portions of the Work under the Contract Documents.
D-5 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide
and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation
and other facilities and services necessary for the proper execution and completion of the Work. The
Contractor 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 the Contractor to employee laborers,
workmen or materialmen from outside local area.
The Contractor shall at all times enforce strict discipline and good order among his employees, and shall
not employ on the Work any unfit person or anyone not skilled in the task assigned to him.
D-6 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE
Dutopay 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 prevailing wage rates are included in these contract documents. Duties to be performed on
this contract best match those of Carpenters and Carpenters Helper as noted in the 2013 PREVAILING
WAGE RATES for Commercial Construction Projects as attached to this Agreement as Exhibit"E."
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 Texas
Government Code 2258.023.
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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 31st 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 binding 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 1 Ith 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.
Postingof f 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.
D-7 WARRANTY: The Contractor warrants to the Owner that all materials and equipment furnished
under this Contract will be new unless otherwise specified, and that all work will be of good quality, free
from faults and defects, and in conformance with the Contract Documents. All work not so conforming
to these standards may be considered defective. If required by the Owner, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
Prior to occupancy or acceptance of the Project by the Owner, the Contractor warranties and obligations
to correct defective Work exclude remedy for damage or defect caused by (i) abuse by the Owner's
separate contractors, or(ii) modifications made by the Owner or the Owner's separate contractors. After
occupancy of the Project by the Owner, the Contractor warranties and obligations to correct defective
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Work exclude remedy for damage or defect caused by (i) abuse, (ii) modifications not executed by the
Contractor, (iii) improper or insufficient maintenance, (iv) improper operation, (v) normal wear and tear,
or(vi)normal usage.
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-8 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished
construction
Excise and Use Tax. 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.
D-9 LICENSES, NOTICES AND FEES: The Contractor shall obtain all Permits, Licenses,
Certificates, and Inspections, whether permanent or temporary, required by law or these Contract
Documents. Separate permits may be required for each work location. If the Contractor allows any
permit to expire,he shall be responsible for all renewals including any associated fees.
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 Owner in writing and any necessary changes will be made. If the Contractor performs
any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter,
Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor
will assume full responsibility therefore and bear all costs attributable thereto.
D-10 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 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-11 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-12 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein
provided for within the time herein fixed or to carry on and complete the same according to the true
meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner
shall have the right to take charge of and complete the Work in such a manner as it may deem proper,and
if,in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in
the said plans and specifications made a part hereof, the Contractor shall pay said City on demand in
writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost.
D-13 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall
prepare and submit for the Owner's approval, an estimated progress schedule for the Work. The progress
schedule shall be related to the entire Project and indicate critical path. 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 Owner's approval. It shall also indicate the dates for
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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 to the Owner at least monthly for approval
along with the Contractor's monthly progress payment requests.
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 any subcontractor or any of his sub-subcontractors or materialmen.
E-2 AWARD OF SUBCONTRACTS: The Contractor 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 any portions of the Work. Prior to the award of
any subcontract, Owner shall notify Contractor in writing if Owner, after due investigation, has
reasonable objection to any person or organization on such list. Failure of the Owner 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 a subcontract,the Owner has an objection to any person or organization on such
list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award,
withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the
Owner may, at its discretion, accept the bid or he may disqualify the bid. If, after the award, the Owner
objects in writing to any person or organization on such list, the Contractor shall 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,unless the substitution is acceptable to the Owner.
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 Subcontractors)which shall contain provisions that:
1. Preserve and protect the rights of the Owner under the Contract with respect to the Work to be
performed under the subcontract so that the subcontracting thereof will not prejudice such rights;
2. Require that such Work be performed in accordance with the requirements of the Contract
Documents;
3. Require submission to the Contractor of applications for payment under each subcontract to which
the Contractor is a party,in reasonable time to enable the Contractor to apply for payment;
4. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with
respect to subcontracted portions of the Work shall be submitted to the Contractor (via any
Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract
Documents for like claims by the Contractor upon the Owner;
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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,whether or not such provisions
are physically included in the subcontract.
E-4 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..
The Contractor shall pay each Subcontractor a just share of any insurance monies received by the
Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors.
The Owner may, on request and at its discretion,furnish to any Subcontractor,if practicable,information
regarding percentages of completion certified to the Contractor on account of Work done by such
Subcontractors.
Owner shall have no obligation to pay or to see to the payment of any monies to any Subcontractor.
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 opportunity for the introduction and storage of their materials and equipment and
the execution of their work, and shall properly connect and coordinate his work with theirs.
If any part of the Contractor's Work depends for proper execution or results upon the work of any other
separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent
discrepancies or defects in such work that render it unsuitable for such proper execution and results.
Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's
work as fit and proper to receive his Work, except as to defects which may develop in the other separate
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on the site, the
Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If
such separate contractor sues the Owner on account of any damage alleged to have been so sustained,the
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Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and if
any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment and
shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred
in connection with such suit.
F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all
cutting, fitting or patching of his Work that may be required to fit it to receive or be received by the work
of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or
any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the
work of any other contractor except with the written consent of the Owner.
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 Project Management Department shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract.
The Contractor must familiarize himself and strictly comply with all Federal, State, and County and City
Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of
those engaged upon the work affecting the materials used.He shall indemnify and save harmless the City
and all of its officers and agents against any claim or liability arising from or based on the violation of
any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by himself, his
employees,agents or subcontractors.
G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and
entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort
Worth and the laws of the State of Texas with reference to and governing all matters affecting this
Contract,and the Contractor agrees to fully comply with all the provisions of the same.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the
Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection
with this Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and
employees of the City of Fort Worth are engaged in the performance of a governmental function and
shall not incur any personal liability by virtue of such performance hereunder, except for gross
negligence or willful wrong.
G-4 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
additional costs 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-5 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-6 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 Owner 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 requires special inspection,
testing or approval not included above, the Owner will instruct the Contractor to order such special
inspection, testing or approval, and the Contractor shall give notice as required in the preceding
paragraph. If such special inspection or testing reveals a failure of the Work to comply (1) with the
requirements of the Contract Documents or(2)with respect to the performance of the Work, with Laws,
Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the
Contractor shall bear all costs thereof, otherwise the Owner shall bear such costs, and an appropriate
Change Order shall be issued.
The Contractor shall secure certificate of inspection, testing or approval, and three copies will be
promptly delivered by him to the Owner. The Owner 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. The observations of the Owner in their
administration of the Construction Contract, or inspections, tests or approvals by persons other than the
Contractor shall not relieve the Contractor from his obligations to perform the Work in accordance with
the Contract Documents.
G-7 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the
Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by
approved sections of the utility. In some cases, the Contractor may be required to perform the Work
while the existing utility is in service. The existing utility service may be interrupted only when approved
by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the
Owner in writing at least ten days in advance of the time that he desires the existing service to be
interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an
existing facility that requires continuous service from the existing utility, an interruption may not be
subject to schedule at the time desired by the Contractor. In such cases, the interruption may have to be
scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by
the Contractor of existing utility services shall be as approved by the Owner.
G-8 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout
of existing work.
G-9 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.
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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 Owner for consideration and adjustment before proceeding with the project.
G-10 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.
Location of existing underground lines are based on the best available sources, but are to be regarded as
approximate only. Contractor shall exercise extreme care in locating and identifying these lines before
excavation in adjacent areas.
G-11 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. Trees to be removed and minor damage
to irrigation systems in order to access sections of the building from the exterior to be excepted on written
approval in advance by Garden Director. All damaged work shall be replaced,repaired and restored to its
original condition at no cost to the Owner.
G-12 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 incorporated into any portion of the project, including advising all
materials suppliers and subcontractors of this requirement. The Contractor shall verify that components
containing lead do not contact the potable water supply.
G-13 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of
structures beyond their safe carrying capacities by placing of materials, equipment, tools, machinery or
any other item thereon. No loads shall be placed on floors or roofs before they have attained their
permanent and safe strength.
G-14 MANUFACTURER'S INSTRUCTIONS: All materials, products, processes, equipment, or
the like shall be installed 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. Copies of such
instructions shall be furnished Owner and approval thereof obtained before work is begun.
G-15 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 for storing flammable materials and paints; no storage will be
permitted in any building. Excess flammable liquids being used inside a building shall be kept in closed
metal container and removed from the building during unused periods.
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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-16 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.
G-17 PROJECT CLOSEOUT
Final Inspection,Record Drawings: Attention is called to General Conditions Section entitled,
"Substantial Completion and Final Payment". Contractor shall provide:
1) Name,address and trade of all sub-contractors;
2) Complete maintenance instructions; name, address, and telephone number of installing Contractor;
and
3) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block,
paint,roofing,and other materials.
G-18 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to
final payment, guarantees required by technical divisions of Specifications shall be properly executed in
quadruplicate by subcontractors and submitted through the Contractor to Architect. Delivery of
guarantees shall not relieve Contractor from any obligation assumed under Contract.
The Contractor shall guarantee the entire Project for one year. In addition, where separate guarantees, for
certain portions of work,are for longer periods,General Contractor's guarantee shall be extended to cover
such longer periods. Manufacturer's extended warrantees shall be included in this contract.
Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection
and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse, neglect
by Owner or his successor(s)in interest.
The Contractor agrees to warrant his work and materials provided in accordance with this contract and the
terms of the Technical Specifications contained herein. Unless supplemented by the Technical
Specifications or the 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 work that is found to be defective or not
provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged
due to defective materials or workmanship of the Contractor,the Contractor further agrees to bear all cost
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of repairing and/or replacing damaged items and components to bring such items back to at least their
original condition.
G-19 RECORD DRAWINGS: Upon completion of the Work and prior to application for final
payment, one print of each of the Permitting schematics 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 Permit Schematics and Drawings. The annotated documents shall be delivered to the Owner.
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.
G-20 CONSTRUCTION FENCE: The Contractor shall provide construction fencing around all or a
part of the site. The fences and gates must be maintained throughout the construction period. Remove the
fences and gates upon completion of the Project and restore the site to the required original or contract
condition.
G-21 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-22 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-23 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 contract
execution. Failure to inform the City of substitute products will obligate the Contractor to provide the
specified material.
SECTION H
CONTRACT TIME
H-1 DEFINITIONS
The Contract Time is the period of time allotted in the Contract Documents for completion of the Work
and is the number of calendar days elapsing between the date of commencement and the date of
Substantial Completion plus additional days assessed for failure to complete punch list items from the
Final Inspection in a timely manner and additional weather days beyond what is allotted in the contract.
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
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
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intended. Final acceptance of the completed work or any portion thereof can be made only by the Owner,
and no other form of acceptance will be binding upon the Owner.
A Calendar Dav 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.Final approval of extensions of time will be 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 for the City of Fort Worth are defined as being New Year's Day,
Independence Day, Labor Day, Thanksgiving Day, and the day after Thanksgiving, Christmas Day,
Memorial Day and Martin Luther King Jr. Day.
H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are
of essence to the Contract.
The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall
carry the Work forward expeditiously with adequate forces and shall complete it within the Contract
Time.
H-3 CONSTRUCTION WORK: Noise created by construction work within three hundred (300)
feet of an occupied residential structure involving the erection, excavation, demolition, alteration, or
repair of any building, structure,or flatwork is prohibited as follows:
Before 7:00 a.m. or after 8:00 p.m.Monday-Friday
Before 9:00 a.m. or after 8:00 p.m. Saturday-Sunday
H-4 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the
progress of the Work by any act or neglect of the Owner, or by any employee of the Owner, or by any
separate 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 Owner determines may justify the delay, then the contract time may be extended
by Change Order for such reasonable time as approved by the Owner.
All claims for extension of time shall be made in writing to the Owner no more than fifteen days after the
occurrence of the delay; otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon which written interpretations shall be
furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretation
until fifteen days after demand is made for them, and not then unless such a claim is reasonable.
H-5 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other
than the extensions of time provided for) shall be made to the Contractor for damages because of
hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be
avoidable or unavoidable, and the Contractor agrees that he will make no claim for compensation,
damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for
such delays said extension of time.
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SECTION I
[INTENTIONALLY OMMITTED]
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 Owner.
J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable
precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss
to:
(1) All employees on the Work and all other persons who may be affected thereby;
(2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off
the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-
contractors; and
(3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction.
Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take
every precaution against injury or damage to the Work by the action of the elements or from any other
cause whatsoever, whether arising from the execution or from the non-execution of the Work. The
Contractor shall rebuild,repair,restore and make good, at his own expense,all injuries or damages to any
portion of the Work occasioned by any of the above,caused before its completion and acceptance.
The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any
public authority having jurisdiction for the safety of persons or property or to protect them from damage,
injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work,
all reasonable safeguards for safety and protection, including posting danger signs and other warnings
against hazards,promulgating safety regulations and notifying owners and users of adjacent utilities.
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 acts or omissions of the Owner or anyone employed by him or for whose acts he
may be liable,and not attributable to the fault or negligence of the Contractor or anyone claiming through
the Contractor for such damage or loss.
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The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.
J-4 EMERGENCIES: In any emergency affecting the safety of persons or property,the Contractor
shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or
extension of time claimed by the Contractor on account of emergency work shall be determined as
provided in 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.
SECTION K-INSURANCE
K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until
the Subcontractor has obtained all insurance required under this Agreement and such insurance has been
approved by the City of Fort Worth, nor shall the Contractor allow any other subcontractor to commence
work to be performed under this Contract until all similar insurance of the subcontractor has been so
obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies
except Worker's Compensation.
Posting of Required Worker's Compensation Coverage:
a) The Contractor shall post a notice on each project site informing all persons providing services on
the project that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other posting
requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's
Compensation Commission rules. This notice must be printed with a title in at least 30 point bold
type and text in at least 19-point normal type, and shall be in both English and Spanish and any
other language common to the worker population. The text for the notices shall be the following
text,without any additional words or changes:
"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."
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the
Work within the general scope of the Contract consisting of additions, deletions or other revisions, the
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Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be
authorized by Change Order, and shall be executed under the applicable conditions of the Contract
Documents.
A Change Order is a written order to the Contractor signed by the Contractor-and the Owner, issued after
the execution of the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the
Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. Any
changes in work required due to changed or unforeseen conditions, or by request of either the Contractor
or the City, shall be coordinated with the Director, Property Management Department. A change order
must be written and duly negotiated and executed prior to performing changed work.
The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of
the following ways:
1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for
overhead and profit stipulated in the original contract proposal;
2) by unit prices stated in the Contract Documents or subsequently agreed upon;or
3) by cost and a mutually acceptable fixed or percentage fee.
If none of the methods set forth herein above is agreed upon, the Contractor, provided he receives a
Change Order, shall promptly proceed with the Work involved. The cost of such work shall then be
determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable
allowance for overhead and profit as indicted in the original contract proposal. In such cases, the
Contractor shall keep and present, an itemized accounting together with appropriate supporting data.
Pending final determination of cost to the Owner, payments on account shall be made by Invoice as
approved by the Owner.
If after the Contract has been executed, the Owner, requests a price proposal from the Contractor for a
proposed change in scope of the work, Contractor shall process such proposal within seven days of
receipt and return the price quote to the Owner in writing. The Owner shall review the price quotation and
approve if acceptable. If not acceptable,the Owner will attempt to negotiate with Contractor to revise the
proposal to a figure which is fair and reasonable. If the negotiations do not result in an equitable solution,
the Owner shall prepare a cost-plus type Change Order with a price-not-to-exceed figure City and require
specific documentation to be provided by Contractor in accordance with the paragraph above.
Contractor is advised that according to City of Fort Worth Charter,that,the City Council must approve all
Change Orders and Work Orders which results in an increase in cost of the contract amount by over
$100,000. Normal processing time for the City Staff to obtain City Council approval, once the
recommended change order has been received at the City, is approximately thirty days. Owner and
Contractor shall endeavor to identify Change Order items as early in the Construction process as possible
to minimize their impact on the construction schedule.
If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities
originally contemplated are so changed in a proposed Change Order that application of the agreed unit
prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor, the
applicable unit prices shall be equitably adjusted to prevent such hardship.
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If the Contractor claims that additional cost or time is involved because of(1) any written interpretation
issued in accordance with the General Conditions, (2) any order by the Owner to stop the Work pursuant
to the General Conditions, where the Contractor 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 Owner 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
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 Owner shall have authority to order minor changes
in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and
not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order
or by other written order. Such changes shall be confirmed in writing by the Owner and shall be binding
on the Owner and the Contractor.
L-5 FIELD ORDERS: The Owner 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 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.
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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.
Defective or non-conforming work shall be completed in a timely manner. The Contractor shall respond
and/or repair any work that is deemed an emergency by the City within 24 hours. The Contractor shall
respond and/or repair any other defective or non-conforming work within three working days.
The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged
by such removal or correction.
If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed
by written notice from the Owner, the Owner may remove it and may store the materials or equipment at
the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within
ten days thereafter,the Owner may upon ten additional days' written notice sell such work at auction or at
private sale and shall account for the net proceeds thereof, after deducting all the costs that should have
been borne by the Contractor including compensation for additional architectural services. If such
proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be
charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or
thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the
difference to the Owner.
If the Contractor fails to correct such defective or non-conforming work, the Owner may correct it in
accordance with Section G.
The obligation of the Contractor under this Section shall be in addition to and not in limitation of any
obligations imposed upon him by special guarantees required by the Contract Documents or otherwise
prescribed by law.
M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers
to accept defective or non-conforming work,he may 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
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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 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 all
Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or
otherwise is guilty of a substantial violation of a provision of the Contract Documents,then the Owner,on
its own initiative that sufficient cause exists to justify such action,may,without prejudice to any rights or
remedy and after giving the Contractor and his surety, if any, seven(7) days' written notice,terminate the
employment of the Contractor and take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and may finish the work by
whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any
further payment until the Work is finished.
If the costs of finishing the Work 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 allocable 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 O
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.
The Contractor may install their company sign.No other signs will be allowed.
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SECTION P
TEMPORARY FACILITIES
P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work
required in the performance of this Contract,including those shown and specified.
P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use
by all workmen and subcontractors employed on the project, subject to reasonable directions by the
Contractor as to their proper and most efficient utilization.
P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a
proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the
Contract, all such temporary work and facilities shall be removed from the premises and disposed of
unless otherwise directed or specified hereunder.
P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field
office or telephone for projects under$1,000,000. Contractor shall equip the Project Superintendent with
a pager and provide 24-hour contacts to the City.
The Contractor shall provide and maintain storage sheds and 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.
Contractor shall remove sheds when work is completed,or as directed.
P-7 UTILITIES: Only utilities at existing voltages, pressures, frequencies, etc. will be available to
the Contractor.
P-8 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION: The Contractor
shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding,
hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary
work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing
of scaffolds with his sub-contractors.
The Contractor shall provide,maintain, and remove upon completion of the work,or sooner,if authorized
by the Owner, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and
other protective structures or devices necessary for the safety of workmen, City employees, equipment,
the public and property.
All temporary construction and equipment shall conform to all regulations, ordinances, laws and other
requirements of the authorities having jurisdiction, including insurance companies, with regards to safety
precautions,operation and fire hazard.
The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in
progress from outside elements, dusts, and other disturbances as a result of work under this Contract.
Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the
duration of the construction period or as required to provide for the protection as specified.
P-9 PROJECT BULLETIN BOARD: The Contractor shall furnish, install and maintain during the
life of the project a weather-tight project bulletin board if required by state or federal law. The bulletin
board shall be mounted where and as approved by the Owner.
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EXHIBIT D
INSURANCE
Prior to the time Contractor is entitled to any right of access to McLeland Tennis Center,
Subcontractor shall procure, pay for and maintain the following insurance written by companies
approved by the State of Texas and acceptable to City. The insurance shall be evidenced by
delivery to City of executed certificates of insurance and/or certified copies of policies as
determined by City.
Subcontractor shall obtain and keep in force during the term of this Agreement,
Commercial General Liability Insurance, Including Personal Injury Liability, Independent
Contractors Liability and Contractual Liability covering, but not limited to, the liability assumed
under the indemnification provisions of this Agreement, with limits of liability for bodily injury
(including death) and property damage of not less than One Million Dollars ($1,000,000), with
an aggregate of not less than Two Million Dollars ($2,000,000). All insurance policies shall
include the following:
1. The term of insurance is for the duration of the Agreement, which includes the
period from the right of access to set-up through the period allowed for removal of property;
2. The Subcontractor is responsible for providing the City a thirty (30) day notice of
cancellation or non-renewal of any insurance policy and may not change the terms and
conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow
coverage as required herein;
3. All policies shall include a Waiver of Subrogation (Right of Recovery) in favor of
the City of Fort Worth.
4.
a. Any deductible in excess of $5,000.00, for any policy that does not
provide coverage on a first-dollar basis, must be approved by the City's Risk
Management Division.
b. Any self-insured retention (SIR) in excess of $25,000.00, affecting
required insurance coverage, shall be acceptable to and approved by Risk Management in
regards to asset value and stockholders' equity. In lieu of traditional insurance,
alternative coverage maintained through insurance pools or risk retention groups, must
also be approved by Risk Management.
C. Company issuing the insurance policy shall have no recourse against the
City of Fort Worth for payment of any premiums or assessments for any deductibles
which all are at the sole risk of Contractor;
5. The terms "Owner", "City" or City of Fort Worth shall include all authorities,
Boards, Bureaus, Commissions, Divisions, Departments, and Offices of the City and the
individual members, employees and agents thereof in their official capacities and/or while acting
on behalf of the City of Fort Worth.
6. The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's self-insured retention of whatever
nature.
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7. City, its officials, employees, agents and officers shall be endorsed as an
"Additional Insured"to all policies except Employers Liability coverage.
8. Coverage shall be written on a Per Occurrence basis and the policy shall include
Broad Form Property Damage Coverage with an insurance company satisfactory to City. If
insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability
insurance for any differences is required. When required, Excess Liability shall follow form of
the primary coverage.
9. Automobile Liability Insurance shall provide coverage on any automobile,
including and defined as automobiles owned, hired and non-owned with a One Million Dollar
($1,000,000) combined single limit per accident or $250,000 Property Damage and $500,000
Bodily Injury per person, per occurrence.
10. Subcontractor shall carry Workers Compensation and Employers Liability
Insurance with minimum limits of $100,000 each accident/occurrence, $100,000 Disease each
employee and$500,000 Disease policy limit.
11. All policies shall be written by an insurer with an A-:VIII or better rating by the
most current version of the A. M. Best Key Rating Guide or with such other financially sound
insurance carriers acceptable to the City.
12. Deductibles shall be listed on the Certificate of Insurance and shall be on a "per
occurrence"basis unless otherwise stipulated herein.
13. If coverage is underwritten on a claims-made basis, the retroactive date shall be
coincident with or prior to the date of the contractual agreement and the certificate of insurance
shall state that the coverage is claims-made and the retroactive date. The insurance coverage
shall be maintained for the duration of the contractual agreement and for five (5) years following
completion of the service provided under the contractual agreement or for the warranty period,
whichever is longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
14. Certificates of Insurance shall be delivered to the address for notice in Section 27,
evidencing all the required coverages, including endorsements.
Subcontractor hereby waives subrogation rights for loss or damage against City, its
officers, agents and employees for personal injury (including death), property damage or any
other loss.
Subcontractor shall not do or permit to be done anything in or upon any portion of
McLeland Tennis Center, or bring or keep anything therein or thereupon which will in any way
conflict with the conditions of any insurance policy upon the McLeland Tennis Centeror any part
thereof, or in any way increase the rate of fire insurance upon the McLeland Tennis Centeror on
property kept therein, or in any way obstruct or interfere with the right of the other tenants of the
McLeland Tennis Center, or injure or annoy them.
The City may terminate this Agreement immediately upon the failure of the
Subcontractor to provide acceptable documentation of insurance as required by this Agreement.
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EXHIBIT E
PREVAILING WAGE RATES
2013 PREVAILING WAGE RATES
Commercial Construction Projects
CLASSIFICATION DESCRIPTION
AC Mechanic $ 25.24
AC Mechanic Helper $ 13.67
Acoustical Ceiling Installer $ 16.83
Acoustical Ceiling Installer Helper $ 12.70
Bricklayer/Stone Mason $ 19.45
Bricklayer/Stone Mason Trainee $ 13.31
Bricklayer/Stone Mason Helper $ 10.91
Carpenter $ 17.75
Carpenter Helper $ 14.32
Concrete Cutter/Sawer $ 17.00
Concrete Cutter/Sawer Helper $ 11.00
Concrete Finisher $ 15.77
Concrete Finisher Helper $ 11.00
Concrete Form Builder $ 15.27
Concrete Form Builder Helper $ 11.00
Drywall Mechanic $ 15.36
Drywall Helper $ 12.54
Drywall Taper $ 15.00
Drywall Taper Helper $ 11.50
Electrician (Journeyman) $ 19.63
Electrician Apprentice(Helper) $ 15.64
Electronic Technician $ 20.00
Floor Layer $ 18.00
Floor Layer Helper $ 10.00
Glazier $ 21.03
Glazier Helper $ 12.81
Insulator $ 16.59
Insulator Helper $ 11.21
Laborer Common $ 10.89
Laborer Skilled $ 14.15
Lather $ 12.99
Metal Building Assembler $ 16.00
Metal Building Assembler Helper $ 12.00
Metal Installer(Miscellaneous) $ 13.00
Metal Installer Helper(Miscellaneous) $ 11.00
Construction Services Agreement Page 36 of 37
Poligon Shade Structure-McLeland Tennis Center
InSite Amenities,L.P.
Metal Stud Framer $ 16.12
Metal Stud Framer Helper $ 12.54
Painter $ 16.44
Painter Helper $ 9.98
Pipefitter $ 21.22
Pipefitter Helper $ 15.39
Plasterer $ 16.17
Plasterer Helper $ 12.85
Plumber $ 21.98
Plumber Helper $ 15.85
Reinforcing Steel Setter $ 12.87
Reinforcing Steel Setter Helper $ 11.08
Roofer $ 16.90
Roofer Helper $ 11.15
Sheet Metal Worker $ 16.35
Sheet Metal Worker Helper $ 13.11
Sprinkler System Installer $ 19.17
Sprinkler System Installer Helper $ 14.15
Steel Worker Structural $ 17.00
Steel Worker Structural Helper $ 13.74
Waterproofer $ 15.00
Equipment Operators
Concrete Pump $ 18.50
Crane,Clamshell, Backhoe, Derrick, D'Line Shovel $ 19.31
Forklift $ 16.45
Foundation Drill Operator $ 22.50
Front End Loader $ 16.97
Truck Driver $ 16.77
Welder $ 19.96
Welder Helper $ 13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey
conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled by
the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are
provided on the TEXO's(The Construction Association)website.
www.texoassociation.org/Chapter/wagerates.asp
Construction Services Agreement Page 37 of 37
Poligon Shade Structure—McLeland Tennis Center
InSite Amenities,L.P.