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CONTRACTOR
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SPONSORING DEPT
THE CITY OF FORT WORTH, TEXA�—PROJECTMANAGER
TPW FILE COPY
Design-Build Agreement
Enhanced Neighborhood Family Aquatic Center
at Marine Park
CPMS 1831 (TPW2011-16)
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BETSY PRICE
MAYO R
TOM HIGGINS
CITY MANAGER
Douglas W. Wiersig, PE
Director, Transportation & Public Works Department
Richard Zavala
Director, Parks & Community Services Department
Jesus Chapa
Director, Housing & Economic Development
Design-Build Firm: Thos. S. Byrne,, Ltd
March 2012
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THE CITY OF FORT WORTH, TEXAS
Design-Build Agreement
Enhanced Neighborhood Family Aquatic Center
at Marine Park
CPMS 1831 (TPW2011-16)
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TOM HIGGINS
CITY MANAGER
Douglas W. Wiersig, PE
Director, Transportation & Public Works Department
Richard Zavala
Director, Parks & Community Services Department
Jesus Chapa
Director, Housing & Economic Development
Design-Build Firm: Thos. S. Byrne, Ltd.
March 2012
City of Fort Worth, Texas
Mayor and Council Communication
; __ _ __ _ _ _ _ _ _ _ _ __ _ . _ .
COUNCIL ACTION. Approved on 3/20/2012 - Ordinance No. 20123-03-2012 -
DATE: Tuesday, March 20, 2012 REFERENCE NO.: C-25513
LOG NAME: 80MARINE2013
SUBJECT:
Authorize Execution of a Design-Build Contract in the Guaranteed Maximum Price in the Amount of
$3,225,905.00 with Thos. S. Byrne, Ltd., to Design and Build the Enhanced Neighborhood Family Aquatic
Center at Marine Park Located in the 300 Block of NW 20th Street, Authorize Transfer of $2,000,000.00
from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize transfer of $2,000,000.00 from the Capital Projects Reserve Fund to the Specially Funded
Capital Projects Fund;
2. Adopt attached Appropriation Ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund by $2,000,000.00 from available funds; and
3. Authorize execution of a Design-Build Contract in the guaranteed maximum price in the amount of
$3,225,905.00 �vith Thos. S. Byrne, Ltd., to design and build an Enhanced Neighborhood Family Aquatic
Center at Marine Park.
DISCUSSION:
The purpose of this Mayor and Council Communication is to award a Design-Build (D-B) Contract in the
Guaranteed Maximum Price (GMP) amount of $3,225,905.00 to Thos. S. Byrne, Ltd., for the design and
construction of an Enhanced Neighborhood Family Aquatic Center (ENFAC) at Marine Park and to
authorize transfer of $2,000,000.00 from the Capital Projects Reserve Fund to the Specially Funded
Capital Projects Fund.
In October 2011, the Budget Office identified $2,000,000.00 in Capital Projects Reserve Fund for design
and development of a new aquatics facility at Marine Park. This funding was part of a$10,000,000.00
transfer of general funds to Capital Projects Reserve Fund as approved by City Council on December 14,
2010 (M&C G-17155).
On December 13, 2011, (M&C C-25370) the City Council authorized the Change in Use and expenditure
of $1,850,000.00 of Community Development Block Grant (CDBG) funds for the construction of a new
ENFAC at Marine Park. A public comment period concerning the Change in Use of these funds was held
from October 29, 2011 to November 28, 2011. These funds will be leveraged with the $2,000,000.00 in
Capital Projects Reserve Fund (CPRF) for a total project budget of $3,850,000.00.
The Marine Park ENFAC Project consists of the demolition and removal of the existing pool facility and the
construction of a new pool and bathhouse. The new facility has an estimated service radius of 3 to 5
Logname: 80MARINE2013 Page 1 of 3
miles. ENFAC features include but are not limited to:
. Zero beach entry;
. A participatory play feature for children;
. Spraying water;
. Waterslide(s);
. Lap lanes/water fitness area;
. A bathhouse, locker rooms and showers; and
. Shelter
The Project will be the City's first Enhanced Neighborhood Family Aquatic Center and is scheduled to
open and be fully operational by May 25, 2013. Because of the ambituous construction schedule, staff
determined that the only viable procurement option was Design-Build (D-B), which is one of several
contracting and delivery procedures for construction projects authorized by Chapter 2267 of the Texas
Government Code. Under a D-B model, the government entity contracts with a single entity that provides
both design and construction services. For projects on a tight timeline, the D-B procurement method
generally results in a quicker, more seamless delivery with fewer change orders and delays than those
typically associated with a traditional design-bid-build method.
The Request for Statements of Qualification from D-B firms was advertised in the Fort Worth Star-
Teleqram on November 10, 2011 and November 17, 2011, 12 firms responded. The selection panel
shortlisted three firms and issued a Request for Proposals to each, which included a more detailed scope
of services. Upon receiving their proposals, interviews were held with each of the three companies on
January 30, 2012. The selection committee assigned points for each proposer based on
competence/experience, qualifications of the D-B team members, facility features, project budget, project
management and scheduling (including Final Guaranteed Maximum Price), M/WBE participation, and
experience with federally funded projects. Based on evaluation of the listed perFormance-based factors,
Thos. S. Byrne, Ltd., received the most points and was selected as the top ranked D-B firm based on the
demonstrated ability to design and build the ENFAC Project within the GMP, their level or experience on
similar projects, ability to meet this project design and construction schedule and M/WBE participation.
The overall cost of the project is:
Design-Build Contract $3,225,905.00
(Includes Preconstruction Services of $282,700.00)
10 percent Contingency, Geotech, Survey, Administration � 624,095.00
Total
$3,850,000.00
Thos. S. Byrne, Ltd., a certified M/WBE firm, is in compliance with the City's M/WBE Ordinance by
committing to 20 percent M/WBE participation on the design phase and 21 percent M/WBE participation
on the construction phase of this D-B Project. The City's M/WBE goal on the design phase is 18 percent
and on the construction phase is 21 percent.
The estimated annual revenue to be generated is $157,198.00 and the impact on the annual operating
budget will total $220,670.00, with costs broken down as follows:
1. PACSD operating and maintenance -- $215,670.00
2. TPW Facilities annual maintenance of physical plant -- $5,000.00
Logname: 80MARINE2013 Page 2 of 3
Marine Park is located in COUNCIL DISTRICT 2.
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FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Grants Fund and the Specially Funded Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers
1&2) C291 476010 8025801831 ZZ
2)C291 511010 802580183130
2)C291 531200 802580183130
2) C291 531350 802580183130
2)C291 539120 802580183130
2)C291 531060 802580183130
2)C291 511060 202580183130
2) C291 541200 802580183180
2)C291 511080 202580183180
CERTIFICATIONS:
FROM FundlAccount/Centers
$2,000,000.00 3) C291 541200 802580183180
$10,000.00 1) GC10 538040 013010001000
$300,000.00 3) GR76 541600 080206005920
500.00
$50,000.00
$100,000.00
$10,000.00
$1,500,000.00
$29,500.00
Submitted for City Manaqer's Office bv:
Oriqinating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Richard Zavala (5704)
Scott Penn (5750)
ATTACHMENTS
1. 80MARINE2013 A�12Rev.doc (Public)
2. marine park site plan - small.doc (Public)
3. Revised MWBE Compliance Memo 2-15-12.pdf (CFW Internal)
Logname: 80MARINE2013
$1,375,905.00
$2,000,000.00
$1,850,000.00
Page 3 of 3
STANDARD FORM OF DESIGN-BUILD AGREEMENT
BETWEEN OWNER AND DESIGN-BUILDER
ON OPEN BOOK PRICE BASIS
/ryh
AGREEMENT made as of the �(i� day of in the year of 2012, between
the Design-Builder:
THOS. S. BYRNE, LTD.
' 3100 West 7`h Street, Suite 200
Fort Worth, Texas 76107
and the Owner:
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, TX 76102
For the services in connection with tlie following Project:
Design and Construction of the Enhanced Neighborhood Family Aquatic Center and Demolition of
the Existing Pool and Support Facilities at Marine Park, Fort Worth, Texas
ARTICLE 1 - GENERAL PROVISIONS
1.1 Mutual Obliqations. Design-Builder and Owner agree to fully cooperate with each other in
providing to each other information available, and in facilitating the design and Construction Work
within the scope of this Agreement. Design-Builder agrees to provide the architectural and
engineering services as set forth below, and to furnish construction and administration of the
Construction Work.
1.2 Extent of Aqreement. This agreement is solely and exclusively for the benefit of the Owner
and the Design-Builder and nof for the benefit of any third party. The Owner and the Design-Builder
agree that there are no third-party beneficiaries and each agrees that the obligations in this
Agreement are owed exclusively to the other party to the Agreement. The Parties agree that this
Agreement represents the entire and integrated Agreement between the Owner and the Design-
Builder, and supersedes all prior negotiations, representations or agreements, eitherwritten ororal.
1.3 Architect/Enqineer. Licensed, independent design professionals retained by the Design-
Builder in conformance with Ghapter 2254, Texas Government Code or furnished by licensed
employees of the Design-Builder shall provide architectural and engineering services required for
the project. The person or entity providing architectural and engineering services shall be referred
to as the Architect/Engineer.
1.4 Definitions.
1.4.1 The term "Agreement" shall mean this executed Standard Form of Design-Build
Agreement between the Owner and the Design-Builder on Open Book Price Basis.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 1 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
1.4.2 The term "Contract Documents" shall mean (i) this Agreement; (ii) written
change orders and amendments to this Agreement, including exhibits and appendices signed by
both the Owner and the Design-Builder; (iii) the Design Criteria Documents as defined in paragraph
1.4.10; (iv) the information provided by the Owner pursuant to Subparagraph 3.2.2; (v) the
Schematic Design Documents as defined in paragraph 1.4.16 and (vi) the Open Book Price
Proposal as defined in paragraph 5.2.1.
1.4.3 The term "Contract Time" shall mean the number of calendar days stated in the
Price Proposal (as provided in paragraph 5.2.1) during which the Design-Builder has agreed to
achieve Substantial Completion of the Construction Work.
1.4.4 "Price Proposal" shall mean the cost of the design and construction proposed at the
time of execution of this contract.
1.4.5 The term "Contract Price" shall have the meaning defined in paragraph 5.1
1.4.6 "Guaranteed Maximum Price" (GMP) shall be the total cost of the project set at the
time the construction is authorized. The Design-Buildershall provide Payment, Performance Bonds
and Builders Risk Insurance in this amount. The Owner shall not be obligated to any costs in
excess of the GMP.
1.4.5 The term "Gonstruction Documents" shall mean the drawings, specifications and
other documents prepared by the Architect/Engineer and approved by the Owner for the
construction of the Project.
1.4.6 The term "Construction Work" shall mean all of Design-Builder's construction
setvices required by the Contract Documents, as defined in paragraph 1.4.2.
1.4.7 The term "Date of Commencement" shall have the meaning defined in paragraph
5.2.3, 5.2.4.1, or 5.2.4.3 as applicable. The Owner will promptly proceed to obtain all easements,
zoning changes, approvals, and other legal requirements to allow construction to proceed without
delay.
1.4.8 The term "day" or "days" shall mean calendar days unless otherwise specifically
noted in the Contract Documents.
1.4.9 The term "Defective Work" shall mean any portion of the Construction Work not in
conformance with the Construction Documents.
1.4.10 The term "Design Criteria Documents" shall mean the documents provided by the
Owner to the Design-Builder that provide sufficient basic programming information to permit the
Design-Builder to prepare a response to the Owner's request for proposal ("RFP"). The Design
Criteria Documents must specify functional design and construction criteria the Owner considers
necessary and salient to describe the Project. The Design Criteria Documents may include, as
appropriate, the legal description of the site, survey information concerning the site, basic interior
space requirements, special material requirements, material quality standards, conceptual criteria
for this Project, special equipment requirements, cost or budget estimates, time schedules, quality
assurance and quality control requirements, site development requirements, applicable codes and
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 2 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
ordinances, provisions for utilities, parking requirements, or any other requirements determined by
the Owner to establish the salient characteristics of the proposed project.
1.4.11 The term "Design Consultants" shail mean the engineering or architectural firm(s)
employed by the Design-Builder to perform design or consulting work for the Project site, and the
building improvements. Such Design Consultants services may include civil engineering for utilities,
storm drainage, and pavement; geotechnical engineering; landscape architecture; environmental
engineering or consulting; and surveying and construction staking for sitework. Design Consultants
for the building design may include electrical, structural, mechanical, plumbing, architectural,
ADA/TSA and other specialty design areas.
1.4.12 The term "Differing Site Conditions" shall mean concealed or latent physical
conditions, or subsurface conditions at the Project site that (i) materially differ from the conditions
indicated in the Schematic Design Documents or (ii) are of an unusual nature, differing materially
from the conditions ordinarily encountered and generally recognized as inherent in construction
work.
1.4.13 The term "Hazardous Material(sj" shall mean any materials, waste, substances,
and/or chemicals deemed to be hazardous under all applicable federal, state, and/or local laws,
codes, ordinances, rules, regulations, orders and decrees of any governmental entity having
jurisdiction over the Project or the Project site.
1.4.14 The term "Other Contractors" shall mean any other independent contractor, agent
or representative employed by the Owner at the Project site who is not employed by the Design-
Builder, or its subcontractors.
1.4.15 The term "Project" is the building, facility, or other improvements at the location
provided by the Owner, which the Design-Builder has agreed to complete pursuant to the
requirements of the Schematic Design Documents, as defined in paragraph 1.4.16.
1.4.16 The term "Schematic or 20% Design Documents" shall mean the drawings, outline
specifications, and/or other conceptual documents illustrating the Project's elements, scale, and
' features, which documents address the requirements of the Owner's Design Criteria Documents
submitted by the Owner to the Design-Builder. The Schematic Design Documents shall be the
documents prepared and submitted to the Owner with the Guaranteed Maximum Price ("GMP").
The Schematic Design Documents shall constitute the scope�of the work to be performed by the
Design-Builder for the GMP pursuant to the terms of this Agreement.
1.4.17 The term "Subcontractor(s)" shall mean any party or entity retained bythe Design-
Builder as an independent contractor to provide any of the labor, materials, equipment, and/or
services necessary to complete a specific portion of the Construction Work under this Agreement:
The term Subcontractor does not include an architect, engineer, other design consultants, if any, or
any Other Contractors retained by the Owner.
. 1.4.18 The term "Substantial Completion" shall be the date on which the Construction
Work, or an agreed portion of the Construction Work, is sufficiently complete so that the Owner can
beneficially occupy or use the Project, or portion thereof, for its intended purposes. The issuance of
a certificate of occupancy is not a prerequisite for Substantial Completion if the certificate of
occupancy cannot be obtained due to factors beyond the Design-Builder's control. The Design-
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 3 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
Builder and the Owner agree to sign a certificate of Substantiai Completion confirming the date of
Substantial Completion.
1.4.19 The term "Work Product" shall mean all drawings, specifications, and other design
documents, including those in electronic format prepared by or procured by the Design-Builder in
performance of this Agreement.
1.4.20 The term "Open Book Price" shall refer to the price of subcontracts and purchases,
the site expenses for superintendence and professional services directly supporting the construction
effort plus agreed overhead and profit.
ARTICLE 2- DESIGN-BUILDER'S SERVICES AND RESPONSIBILITIES
2. Desiqn Services.
2.1 Schematic Design: The Design-Builder shall prepare a schematic design sufficient in detail
and scope to clearly identify all major features of the project, prepare a project schedule, and to
present a Guaranteed Maximum Price. The Owner shall accept, in writing, the Schematic Design
prior to detailed design and execution of the construction.
2.2 Final Design: Pursuant to a mutually agreeable schedule, the Design-Builder shall submit for
the Owner's approval Construction Documents that meet the requirements of the Schematic Design
Documents, and any change orders executed by both the Owner and the Design-Builder after the
date of this Agreement and prior to the submission of the Construction Documents to the Owner.
2.3 Construction Documents. The Construction Documents shall set forth the requirements for
the Construction Work, and shall be based upon codes, laws or regulations effective on the date of
this Agreement. If any codes, laws, or regulations are changed or are enacted after the date of this
Agreement affecting the performance of the Construction Work, the Contract Price and the Contract
Time shall be equitably adjusted to compensate the Design-Builder for the changes. When the
Design-Builder submits the Construction Documents to the Owner, the Design-Buildershall identify
in writing all material changes and deviations from the requirements of the Schematic Design
Documents. Material changes, if any, b"etween the Construction Documents and the Schematic
Design Documents necessitated by changes in codes, laws or regulations shall be documented by a
Change Order pursuant paragraph 7.2 equitably adjusting the Contract Price and/or the Contract
Time. Three (3) sets of the Construction Documents shall be furnished to the Owner prior to the
date of commencement of construction.
2.4 Construction Services.
2.4.1 The Design-Builder agrees to timely complete the design and commence
construction to substantially complete the construction within the Contract Time. The Design-Builder
and its Subcontractors shall provide all necessary construction labor, materials, tools, equipment, as
well as all construction supervision, inspection, and temporary utilities as required to complete
construction required by the Construction Documents.
2.4.2 The Design-Builder shall perForm all Construction Work in accordance with the
requirements of the Construction Documents. Design-Builder shall at all times exercise complete
and exclusive control over the construction means, methods, sequences, and techniques. The
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 4 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
Design-Builder shall be responsible for the proper performance of the work, including all work
performed by its Subcontractors, and any acts and omissions in connection with such performance.
2.4.3 The Design-Builder shall keep the Project site reasonably free from debris, trash, and
construction wastes to permit Design-Builder to perform the Construction Work efficiently, safely,
and without interference in the use of adjacent properties. Upon Substantial Completion of the
Project, the Design-Builder shall remove all debris, trash, construction waste, materials, equipment,
machinery, and tools arising from the Construction Work, to permit Owner to occupy the Project for
its intended use. Upon completion of the Project, Contractor shall complete the removal of all
debris, trash, construction waste, materials, equipment, machinery, and tools arising from the
Construction Work prior to final payment being due.
2.5 Safetv of Persons and Propertv. The Design-Builder shall require each of its
Subcontractors to be responsible for the safety of its workmen performing the Construction Work at
the Project site, as well as the safety of all persons and property which could be injured during the
prosecution of any subcontract work. The provisions of this Agreement shall not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
subcontract work, nor for compliance with the applicable laws and regulations. The Design-Builder
shall be responsible for the safety of all employees and workmen directly employed by the Design-
Builder at the Project site.
2.5.1 Safetv Representative. The Design-Builder shall designate an individual at the
Project site in the employment of the Design-Builder who shall act as the Design-Builder's
designated safety representative. Unless otherwise identified by the Design-Builder in writing to the
Owner, the designated safety representative shall be the Design-Builder's project superintendent.
The Design-Builder will promptly report to the Owner in writing all accidents and injuries occurring at
the Project site. When the Design-Builder is required to file an accident report with a public
authority, the Design-Builder shall furnish a copy of the report to the Owner. The Design-Builder and
its Subcontractors shall comply with all legal requirements relating to the safety, as well as any of
Owner's specific safety requirements if specified in the Contract Documents.
2.5.2 Reproduction, Use and Ownership of Work Product. All designs, drawings,
specifications, documents, and other work products of the Design-Builderwhether in hard copy or in
electronic form, are instruments of service for this Project, whether the Project is completed or not.
Reuse, change, or alteration by the Owner or by others acting through or on behalf of the Owner of
any such instruments of service without the written permission of the Design-Builder will be at the
Owner's sole risk. The Owner shall own the final, printed designs, drawings, specifications and
documents. Transfer of ownership of the contract documents does not constitute sale of the
documents.
2.5.3 Standard of Care. Qualified, licensed design professionals employed by the
Design-Builder or procured from qualified, independent licensed design consultants shall prepare
the Construction Documents. The standard of care for all design professional services performed
under this Agreement shall be the care and skill ordinarily used by members of the architectural and
engineering professions practicing under similar conditions at the same time and locality as the
Project. This Agreement does not establish or create any legal or contractual obligations between
the Owner and the design professionals employed by the Design-Builder, and the design
professionals shall not be deemed to be a third party beneficiaries unde� this Agreement. The
design professionals shall be selected based upon demonstrated competence and qualifications in
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 5 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
accord with Section 2254.004, Texas Government Code.
2.5.4 Hazardous Materials. The Design-Builder shall not be obligated to commence or
continue the Construction Work until all known or suspected Hazardous Material discovered at the
Project site not introduced onto the Project site by the Design-Builder have been removed or
rendered harmless by the Owner, as certified by an independent testing laboratory and approved by
the appropriate government agency.
2.5.4.1 The Design-Builder and its Subcontractors shall not knowingly enter upon any
portion of the Construction Work containing Hazardous Material. If after the commencement of the
Construction Work known or suspected Hazardous Materials are discovered at the Project, the
Design-Builder shall be entitled to imrnediately stop Construction Work in the affected area, unless
such Hazardous Materials are introduced onto the Project site by the Design-Builder. The Design-
Builder shall report the condition to the Owner, and, if required, the governmental agency having
jurisdiction. If the Design-Builder incurs additional cost and/or is delayed due to the presence or
remediation of Hazardous Material, the Design-Builder shall be entitled to an equitable adjustment in
the Contract Price and/or the Contract Time, unless such Hazardous Materials are introduced onto
the Project site by the Design-Builder. The Design-Builder shall not be required to perform any
Construction Work related to or in the area of Hazardous Material not introduced into the Project site
by it unless a written agreement is entered into between the Design-Builder and the Owner to
provide for extra cost, if any, extra time, if any, and additional risk incurred by the Design-Builder.
2.5.4.2 If potentially hazardous materials are discovered at the Project site that were not
introduced by the Design-Builder, the Owner shall be responsible for retaining an independent
testing laboratory to determine the nature of the material encountered and whether it is a Hazardous
Material requiring corrective measures and/or remedial action, otherwise the Design-Builder shall be
responsible for such testing. Such measures shall be the sole responsibility of the Owner, and shall
be performed in a manner minimizing any adverse effect upon the Construction Work of the Design-
Builder, unless such Hazardous Materials are introduced onto the Project site bythe Design-Builder.
The Design-Builder shall resume the Construction Work in the area affected by any Hazardous
Material only after written agreement beiween the Owner and the Design-Builder has been
executed, after the Hazardous Material has been removed or rendered harmless, and after approval
of the governmental agency or agencies with jurisdiction, if required.
2.5.4.3 If hazardous rnaterials are encountered as a result of the Owner's failure to
identify or remove hazardous materials existing at the Project site prior to the commencement of
construction, the Owner agrees to (1) release the Design-Builder, its Subcontractors, and their
officers, directors and employees from any and all claims, damages, losses, or expenses incurred
by the Owner arising out of or related to the performance of the construction work in the area
affected by the Hazardous Material existing at the Project site prior to commencement of the Project;
(2) release the Design-Builder from any indemnification obligations in this Agreement as it relates to
Hazardous Materials only; (3) extend the Contract Time by the actual number of days that the
Design-Builder is delayed in the completion of the Contract Work arising out of or�related to the
identification, testing, and abatement of the Hazardous Material existing at the Project site prior to
commencement of performance; (4) execute a Change Order increasing the Contract Price by any
costs or losses incurred by Design-Builder which arise out of the testing or abatement of the
Hazardous Material existing at the Project site prior to commencement of performance, or relate to
the perFormance of Construction Work in the area affected by the Hazardous Material prior to the
Design-Builder's discovery of the Hazardous Material existing at the Project site prior to
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 6 of 26�
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
commencement of performance.
2.5.4.4 During performance of the Construction Work, the Design-Builder shall be
responsible for the proper handling of all materials brought to the Project site by the Design-Builder
or its Subcontractors. Upon the issuance of the certificate of Substantial Completion, the Design-
Builder shall continue to be responsible for materials and substances brought to the Project site, if
such materials or substances are required by the Construction Documents.
2.5.4.5 If Hazardous Materials are encountered as a result of the Design-Builder or its
Subcontractors' importation of such materials onto the Project site, the Design-Builder shall defend,
indemnify and hold harmless the Owner, its officers, directors, and employees from and against any
and all claims, damages, losses, costs and expenses, including but not limited to attorneys fees,
arising out of or related to the Construction Work in any area affected by Hazardous Materials This
indemnification shall apply without regard to the fault, negligence, breach of warranty or
contract, or strict liability of the Owner and shall indemnify the indemnities for their own fault
or negligence.
2.6 Desiqn=Builder's Warrantv. Design-Builder warrants to Owner that all materials and
equipment furnished under this Agreement will be new, unless otherwise specified. The Design-
Builder also warrants to the Owner that all materials and equipment furnished under this Agreement
will be in conformance with the Construction Documents. Design-Builder's warranty obligations
exclude defects caused by abuse, alterations, or failure to maintain the Construction Work by
persons other than the Design-Builder. The Design-Builder agrees to correct all Defective Work for
which the Owner provides notice to the Design-Builder within a period of one year from the date of
Substantial Completion. The Design-Builder shall collect written warranties as defined in the
contract documents from manufacturers, as well as all equipment manuals, and deliver them to the
Owner for the Owner's use. To the extent that products, equipment, systems or materials
incorporated into the Construction Work are covered by a warranty from the manufacturer of such
products, equipment, systems or material in excess of one year, the Owner's remedy to correct the
defective products, equipment, systems, or maferials after the one-year period shall be exclusively
against the warranty of the manufacturer.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 Cooperation with Desiqn-Builder.
3.1.1 Owner shall, throughout the performance of the Construction Work, cooperate
with Design-Builder and perform its responsibilities, obligations and services in a timely manner to
facilitate Design-Builder's timely and efficient performance of the Construction Work and so as not
to delay or interfere with Design-Builder's performance of its obligations under the Contract
Documents and/or Construction Documents. The Owner shall cooperate and provide reasonable
assistance to the Design-Builder in obtaining the permits, approvals, and licenses that are the
responsibility of the Design-Builder.
3.1.2 Owner shall provide timely reviews and approvals of interim design submissions,
Schematic Design Documents, and Construction Documents consistent with Owner's normal
business practices and within the negotiated times set forth in Design-Builder's schedule.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 7 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
3.2 Information and Services Provided bv Owner.
3.2.1 The Owner shall provide full information in a timely manner regarding
requirements for the Project including all information contained in the Design Criteria Documents.
3.2.2 Unless expressly stated to the contrary in the Contract Documents, Owner shall
provide for Design-Builder's information and use the following documents upon which Design-
Builder is entitled to rely upon in performing the Work:
3.2.2.1 Surveys describing the property, boundaries, topographyand reference pointsfor
use during construction, including existing service and utility lines;
3.2.2.2 Geotechnical studies describing subsurface conditions, and other surveys
describing other latent or concealed physical conditions at the Project site;
3.2.2.3 Temporary and permanent easements, zoning requirements, deed restrictions,
and other requirements and encumbrances affecting land use, or necessary to permit the proper
design and construction of the Project and enable Design-Builder to pertorm the Work;
3.2.2.4 A legal description of the property upon which the Project is located;
3.2.2.5 To the extent available, as-built and record drawings of any existing structures at
the Project site; and
3.2.2.6 To the extent available, environmental studies, reports and impact statements
describing the environmental conditions, including Hazardous Conditions, in existence at the Project
site or which could affect the Project site.
3.2.3 Owner is responsible for securing and executing all necessary easements and
agreements with adjacent land or property owners that are necessary to enable Design-Builder to
perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in
securing these necessary easements and agreements. Owner is responsible for securing all zoning
approvals required for the Project as well as all easements necessary for the construction to
proceed without delay.
3.3 Approval of Schematic Desiqn Documents. At the time of the Owner's approval of
the Open Book Price Proposal, as provided in paragraph 5.2, the Owner shall review, modify as
required, and approve the Schematic Design Documents provided to the Owner by the Design-
Builder. Upon the Owner's approval, the Schematic Design Documents shall be part of the Contract
Documents and shall constitute the scope of the design and construction services to be performed
by Design-Builder.
3.4 Owner's Construction Responsibilities
3.4.1 Throughout the performance of the Construction Work, the Owner shall cooperate
with Design-Builder to assure that the Construction Work is timely and efficiently performed without
delay or interference to the services provided by Design-Builder. The Owner shall assign Ronald
Clements, Project manager, as the Owner representative who shall be fully acquainted with the
Project and who shall have authority to bind the Owner in all matters requiring the Owner's approval,
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis � Page 8 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
authorization, or written notice. If the Owner changes its representative or the representative's
authority as listed above, the Owner shall notify the Design-Builder in writing, in advance of such
change.
3.4.2 Owner is responsible for ail work performed on the Project or at the location of the
Project by other contractors under separate contracts with the Owner. Owner shail contractually
require its separate contractors to cooperate with and coordinate their activities with Design-Builder,
so as not to interfere with Design-Builder in performance of this Agreement.
' 3.4.3 Owner shall provide or contract for, independently of the Design-Builder, the
inspection services, the testing of construction materials, and the verification testing services
necessary for acceptance of the Project.
3.4.4 Any change order in an amount greater than the amount authorized by the City Council
requires the prior approval of the City Council of the City of Fort Wo�th. Any unreasonable delay as a result of
the City Council approval process shall be resolved pursuant to Paragraph 4.2.
ARTICLE 4 - CONTRACT TIME.
4.1 Substantial Completion and Final Completion. Substantial Completion of the
Construction Work shall be achieved after the Date of Commencement, within the Contract Time as
specified pursuant to paragraph 5.2.1.4 and as extended pursuant to paragraph 4.2. Unless causes
beyond the Design-Builder's control delay final completion, the Design-Builder shall achieve final
completion of the Construction Work, including all punch list work, within sixty (60) days from the
date of Substantial Completion. The Design-Builder's schedule in the Request for Proposal
submittal is at Attachment "A" and is hereto made a part of this Agreement.
4.2 Extensions of Time
4.2.1 If causes beyond the Design-Builder's control extend the time for the
commencement or progress of the Construction Work, then the Contract Time shall be extended as
appropriate. Such causes shall include but not be limited to: changes ordered in the Construction
Work by the Owner, negligent acts or omissions of the Owner or Other Contractors, the Owner's
interference in the Design-Builder's performance of Construction Work, the presence of Hazardous
Materials at the Project site, the presence of Differing Site Conditions, adverse weather conditions
not reasonably anticipated, fire, unusual transportation delays, labor disputes impacting the Project,
actions by governmental agencies, and/or unavoidable accidents or circumstances. Causes beyond
the control of the Design-Builder do not include negligent acts or omissions on the part of the
Design-Builder, Subcontractors, or the Architect/Engineer.
4.2.2 In the event delays to the Project are encountered for any reason, both the Owner
and the Design-Builder agree to undertake reasonable efforts to mitigate the effects of such delays.
4.3 Liquidated Damaqes. Time is of the essence for the performance of this Contract. To
" the extent that the Substantial Completion of the Project is not achieved by the Design-Builder within
the Contract Time, as adjusted pursuant to the provisions of paragraph 4.2, the Owner will suffer
financial loss which is difficult, if not impossible, to estimate or compute. The Owner and the
Design-Builder therefore agree that the amount of $5,000.00 per day shall be deducted from the
total payment due the Design-Builder for each day the Certificate of Occupancy of the Project is
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 9 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
delayed beyond the Contract Time, as adjusted by the provisions in paragraph 4.2. The Owner and
the Design-Builder further agree that the amount of $5,000.00 per day is a reasonable expectation
of the Owner's probable damages, both direct and consequentiai, including ail of the Owner's
financial and economic losses associated with, or directly or indirectly arising out of the delay in the
Certificate of Occupancy of the Project, and that such deduction of the liquidated damage amount is
not for the purpose of a penalty.
ARTICLE 5 - CONTRACT PRICE
5.1 Contract Price Owner shall pay Design-Builder, in accordance with Article 6 hereof, total
compensation ("Contract Price") not to exceed the Guaranteed Maximum Price of $3,225,905.00
including $161,295.00 (or 5%) Allocation Allowance for use by the City only.
5.2 Contract Cost
5.2.1 Guaranteed Maximum Price Proposal ("GMP"). The Design-Builder shall
submit a Price Proposal to Owner for each phase working toward a Final GMP, which shall include
the following information and documents:
5.2.1 A proposed price for performing the Construction Work, which amount shall
include the Design-Builder's Preconstruction Design fee. Refer to Attachment "B" (Total Design-
Build Budget) that is a not to exceed GMP of $3,225,905.00; and Attachment "C" (Preconstruction
Services) that is included in the GMP above, and both are hereto made a part of this Agreement.
Based on Attachment "A" the Design-Builder's budget for construction is $2,766,209.00
(Construction Costs, Insurance, and Design-Build Management Fee). The Preconstruction Services
costs are up to $298,400.00 (Preconstruction fee plus A/E fees). The $161,295.00 (or 5%)
Allocation Allowance) is for use by the City only. The Final GMP will be determined as follows:
5.2.1.1 Subcontract Costs (Actual contracts)
5.2.1.2 Design-Builder's Overhead and Insurance
5.2.1.3 Design-Builder's Management Fee (lesser of $131,724.00 or 5%)
5.2.1.4 Reimbursable Expenses (up to $9,400.00 for Preconstruction Design
Services)
5.2.1.5 Design Fee (up to $293,400.00 Open Book)
5.2.1.6 Other Fee ($5,000.00 Design-Builder's Preconstruction Fee)
5.2.1.7 Allocation Allowance (lesser of $161,295.00 or 5%) is part of the
Finat GMP and is for use by the City only. At the end of the Design-
Build project, any remaining Allocation Allowance will be returned to
the Ciry.
5.2.1.2 A copy of the Schematic Design Documents used as the basis for establishing
the GMP.
5.2.1.3 A list of the assumptions and clarifications made by Design-Builder in establishing
the GMP, which list is intended to supplement the information contained in the Schematic Design
Documents.
5.2.1.4 The Contract Time upon which the proposed GMP is based;
Design-Build Agreement Belween Owner and Design-Builder on Open Book Price Basis Page 10 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
5.2.1.5 If applicable, a list of allowances and a statement of their basis; a schedule of
alternate prices; a schedule of unit prices; and/or a statement of Additional Services; and
5.2.1.6 The time limit for acceptance of the GMP Proposal.
5.2.2 Review and Adiustment to GMP Proposal After submission of the GMP
Proposal, Design-Builder and Owner shall meet to discuss and review the Schematic Design
Documents and the Price Proposal. If Owner has any comments regarding the GMP Proposal, or
finds any inconsistencies or inaccuracies in the information presented, the Owner shall promptly
give written notice to Design-Builder of such comments or findings. If appropriate, Design-Builder
shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal.
5.2.3 Acceptance of Price Proposal If Owner accepts the GMP Proposal, the
GMP Proposal and all documents submitted with the GMP Proposal shall amend and become a part
of this Agreement. The Date of Commencement shall be ten (10) business days after Design-
Builder's receipt of Owner's acceptance of the GMP Proposal. .Design-Builder will proceed with
completion of design and ordering of long lead-time materials required for the Project.
5.2.4 Failure to Accept the GMP Proposal If Owner rejects the GMP Proposal, or
fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it
accepts GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such
event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with
Owner having the following options:
5.2.4.1 Owner shall suggest modifications to the GMP Proposal, whereupon, if such
modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed
accepted, as modified, and the parties shall proceed in accordance with paragraph 5.2.3 above,
except the Date of Commencement shall be the date of Design-Builder's written acceptance of such
modifications; or
5.2.4.2 Owner shall terminate this Agreement by payment to Design-Builder of
$57,800.00 (or 20% of the Preconstruction Fees of $289,000.00) plus incurred reimbursable
expenses for the preparation of the Schematic Design Documents including the Guaranteed
Maximum Price, such payment being the total compensation Design-Builder will be entitled to for
any and all work performed prior to the date of such termination.
5.3 Adiustments to Price The GMP Price shall be equitably adjusted to provide for changes in
the scope of the Construction Work, including:
5.3.1 Delays encountered in performing the work caused by or resulting from acts �r
omissions of the Owner, the Owner's representatives, or any Other Contractors;
5.3.2 Changes to the Project or Construction Work as provided in Article 7 hereof;
5.3.3 Additional work and/or delays caused by or resulting from the presence of
Hazardous Materials on the Project site other than materials brought onto the site by Design-Builder;
5.3.4 The Owner's suspension of the work under this Agreement; or
Design-Build Agreement Beiween Owner and Design-Builder on Open Book Price Basis Page 11 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
5.3.5 Differing Site Conditions; and/or other occurrences or circumstances for which the
Design-Builder is entitled to a price adjustment under this Agreement.
ARTICLE 6 - PAYMENT
6.1 Schedule of Values.
6.1.1 Prior to submitting the first application for payment during the Construction Work,
the Design-Builder shall provide to the Owner a schedule of values consisting of a breakdown of the
Open Book Price with separate line items for the major elements of the Construction Work included
in the Lump Sum Price.
6.1.2 If the Owner disagrees with the values utilized by the Design-Builder in the
schedule of values, the Owner shall provide the Design-Builder a written objection to the schedule of
values within seven (7) days after the Owner's receipt of the schedule of values, specifically stating
the items with which the Owner objects, the basis for such objection, and the adjustment in the
schedule of values which would be satisfactory to the Owner. In the event of objection by the
Owner, the Design-Builder and the Owner shall negotiate in good faith to resolve any such objection
before commencement of the Construction Work. The Design-Builder shall not be required to
commence the Construction Work until all such objections are resolved. If any such delays in the
commencement of the Construction Work are encountered, the Design-Builder shall be entitled to
an adjustment of the Contract Time.
6.2 Monthlv Proqress Pavments.
6.2.1 On the first day of each month after the Date of Commencement, the Design-
Builder shall submit to the Owner an application for payment based on the percentage of work
completed for each item on the schedule of values, and the materials suitably stored at the Project
site (or at other locations approved in writing by the Owner). Approval of payment applications for
such stored materials shall be conditioned upon submission by the Design-Builder of bills of sale or
such other procedures satisfactory to the Owner to establish the Owner's title to such materials.
6.2.2 Within ten (10) days after the Owner's receipt of each monthly application for
payment, the Owner shall give written notice to the Design-Builder of the Owner's acceptance,
rejection, or adjustment of such application for payment. The Owner's adjustment or rejection of an
application for payment shall only be based on a justification stated in paragraph 6.2.3. Within
fifteen (15) days after receipt of each rnonthly application for payment, the Owner shall pay directly
to the Design-Builder, the amount for which the application for payment is made, less any amounts
previously paid by the Owner. If such application is rejected or adjusted, the Owner shall provide
with the written notice of rejection or adjustment, a statement of the specific portion of the items in
the schedule of values rejected or adjusted and the Owner's basis for such rejection or adjustment.
If the Owner and Design-Builder cannot agree on a revised amount, the Owner shall pay directly to
the Design-Builder the amount of those items not rejected and the uncontested amount of items
adjusted, less amounts previously paid by the Owner. The items rejected or adjusted by the Owner
shall be due and payable when the reasons for the Owner's rejection or adjustment have been
removed or cured.
6.2.3 Justifcation for Owner's Adiustment. For the following reasons, the Owner
Design-Build Agreement Between Owner and Design-Builder on Open Book Prioe Basis Page 12 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
may reject or adjust an application for payment submitted by the Design-Builder to the extent
necessary to protect the Owner from loss or damage for which Design-Builder is responsible under
this Agreement: �
6.2.3.1 The Design-Builder repeatedly fails to perform the Construction Work as required
by the Construction Documents;
6.2.3.2 The Owner suffers or incurs a loss or damage arising out of this Agreement and
caused by the Design-Builder, but only to the extent that such loss or damage is not covered by
insurance provided by Design-Builder or by Owner pursuant to the terms of this Agreement;
6.2.3.3 The Owner receives notice that the Design-Builder has failed to pay Design
Consultants, Subcontractors, or other persons supplying materials, equipment or supplies
incorporated into the Construction Work, when the Owner has paid the Design-Builder for such
Construction Work;
! 6.2.3.4 The Design-Builder fails to correct Defective Work in a timely manner as provided
in this Agreement; or
6.2.3.5 If the unpaid balance of the Contract Price is insufficient to pay for the cost to
cornplete the Construction Work required under this Agreement.
6.2.3.5 When the above basis for rejecting or adjusting an application for payment has
been removed, the Owner will make payment within thirty (30) days to the Design-Builder for the
amounts previously withheld.
6.2.4 Retainaqe Before Substantial Completion. From each progress payment
made prior to the time of Substantial Completion of the Construction Work, the Owner may retain
five percent (5%) of the amount otherwise due under this Agreement.
6.2.5 Retainaqe After Substantial Completion. Upon Substantial Completion of
the Construction Work, the Owner shall pay the Design-Builder the unpaid balance of the Contract
Price, less a sum equal to 150% of the Design-Builder's estimated cost of completing any unfinished
items, as agreed to between the Owner and the Design-Builder. The Owner thereafter shall pay the
Design-Builder monthly the amount retained for unfinished items as each item is completed.
6.2.6 Owner's Failure to Pay. The provisions of Texas Govemment Code Chapter
2251 shall control should the Owner fail to pay the Design-Builder. Payments due but unpaid
pursuant to this Agreement shall bear interest at the rate set forth for past due construction
payments in Chapter 2251 of the Texas Government Code.
6.2.? Warrantv of Clear Title. The Design-Builder warrants and guarantees that
title to all work, materials, and equipment covered by an application for payment, whether
incorporated in the Project or not, will pass to the Owner upon receipt by Design-Builder of payment
for the application for payment, free and clear of all liens, claims, security interests, or
encumbrances. The Owner's payment of an application for payment, whether in whole or in part,
sh�ll not be deemed acceptance of any Construction Work not conforming to the requirements of
the Construction Documents, it being the duty and responsibility of the Design=Builder to perform the
Construction Work in accordance with the requirements of the Construction Documents.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 13 of 26
Enhanced Neighborhood.Family Aquatic CenteY at Marine Park (March 2012)
6.3 Final Pavment.
6.3.1 Upon completion of all work under this Agreement, including punch list work,
Design-Builder shall submit an invoice to Owner for the final Contract Price, less progress payments
previously received (the "Final Invoice").
6.3.2 Owner shall have 30 days to review and audit Design-Builder's Final Invoice. If
the Owner disagrees with the Design-Builder's Final Invoice notice thereof shall be provided to
Design-Builder not later than 35 days following Design-Builder's submission of its Final Invoice.
Such notice of disagreement must describe in detail those portions of the Final Invoice disputed and
the reason(s).
6.3.3 If Owner disagrees or objects with the Final Invoice, payment shall nevertheless
be made for the undisputed balance, if any, due Design-Builder. Such payment of the undisputed
balance is due not later than 45 days following Design-Builder's submission of the Final Invoice.
With respect to the disputed amount of Design-Builder's Final Invoice the parties shall meet within
the 30-day period following Owner's notice of disagreement and attempt to resolve the dispute by
agreement. If that process is unsuccessful; the Owner and Design Builder shall submit the dispute
to non-binding mediation, and if such mediation is unsuccessful in resolving the dispute, either
Owner or Design-Builder may bring suit in a court of competent jurisdiction located in Tarrant
County, Texas.
6.3.4 In the event the final total Contract Price payable under this Agreemenf is less
than the sum of progress payments previously received, Design-Builder shall refund the amount of
such excess progress payments received to Owner within 10 days following the final determination
of the final total Contract Price. Any refund not so made shall bear interest at the rate of ten percent
(10%) per annum.
6.3.5 Owner shall pay Design-Builder interest at the rate set forth for past due
construction payments in Chapter 2251 of the Texas Government Code on any amounts not timely
paid under this Agreement. To the extent any disputed entitlernent to payment is resolved in favor of
the Design-Builder, such interest shall be paid on the amount determined to be due Design-Builder
from the original due date of the disputed payment.
ARTICLE 7- CHANGES IN THE WORK
7.1 Chanqes in the Work. Changes in the Construction Work which are within the general scope
of this Agreement may be accomplished without invaliding the Agreement by Change Order as
provided in paragraph 7.2, a Work Change Directive as provided in paragraph 7.3, or a Minor
Change in the Work as provided in paragraph 7.4:
7.2 Chanqe Orders. The Owner may order changes in the Construction Work within the general
scope of the Construction Documents by a Change Order. All such changes in the Construction
Work shall be authorized by the Owner pursuant to a written change order executed by the Owner
and the Design-Builder, and shall be performed under applicable conditions of the Contract
Documents. Each adjustment in the Contract Price and/or Contract Time resulting from a Change
Order shall clearly separate the amount attributable to design services. The Owner and the Design-
Builder shall negotiate in good faith an equitable adjustment to the Contract Price and the Contract
Time and shall conclude these negotiations as expeditiously as possible. Neither the Design-
Builder.nor the Owner shall unreasonablywithhold acceptance of the Change Order, any adjustment
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 14 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
in the Contract Price, and/or Contract Time.
7.3 Work Chanqe Directive. In the event the Owner and the Design-Builder cannot agree on
an equitable adjustment to the Contract Price or the Contract Time, the Owner may issue a Work
Change Directive, directing a change in the Construction Work if the changed work is within the
general scope of the Construction Documents. If the Owner issues a Work Change Directive, the
Design-Builder shall provide an accounting to the Owner for all extra costs incurred by the Design-
Builder as a result of the Work Change Directive. The Design-Builder shall also record all extra time
required for the completion of the work required by the Work Change Directive. The Contract Price
will be increased by the amount of such additional costs plus fifteen percent (15%) of such costs for
Design-Builder's overhead and profit. The Design-Builder will also be entitled to an extension of the
Contract Time that corresponds with the additional time required to complete the work under the
Work Change Directive. If the Owner and Design-Builder subsequently agree to the adjustments in
the Contract Price and the Contract Time for work under the Work Change Directive, such
agreement shall be documented by completion of a Change Order.
7.4 Minor Chanqes in the Work. Design-Builder, with the written approval of the Owner,
may make minor changes in the design and construction of the Project consistent with the intent of
the Contract Documents, which do not involve an adjustment of the Contract Price and/or the
Contract Time, and which do not materially or adversely affect the design of the Project, the quality
of any of the materials or equipment specified in the Construction Documents, the performance of
any equipment or systems specified in the Construction Documents, or the qualiry of workmanship
required by the Construction Documents.
7.5 Differinq Site Conditions. If Design-Builder encounters a Differing Site Condition that i�
manmade, Design-Builder will be entitled to an adjustment in the Contract Price, and/or the Contrac�
Time, to the extent that the Differing Site Condition adversely impacts design-Builder's costs and/or
time of performance. Upon encountering a manmade Differing Site Condition, Design-Builder shall
provide promptwritten notice to Ownerof such condition, which notice shall not be laterthan five (5)
business days after the impact of such manmade Differing Site Condition has been determined by
Design-Builder. Design-Builder shall, to the extent reasonably possible, provide such notice in a
manner to allow the Owner to mitigate any costs or extra expenses arising out of the manmade
Differing Site Condition. Design-Builder waives any claim for additional time and/or compensation
for failure to provide written notice as required herein. Design-Builder shall not be entitled to any
additional compensation for a naturally occurring Differing Site Condition, but shall be entitled to and
adjustment in Contract Time.
ARTICLE 8- INDEMNITY INSURANCE AND BONDS
8.1 Indemnitv. DESIGN-BUILDER COVENANTS AND AGREES TO, AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT,
ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, WHETHER
OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE ON THE PART OF THE
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES AND INVITEES OF OWNER. DESIGN-BUILDER DOES HEREBY COVENANT AND
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 15 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
AGREE TO ASSUME AL� LIABILITY AND RESPONSIBI�ITY OF OWNER, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FOR PROPERTY DAMAGE OR LOSS, AND/OR
PERSONAL INJURIES, INCLUDING DEATH, TO ANY AND A�� PERSONS OF WHATSOEVER
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OWNER, ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES,CONTRACTORS,SUBCONTRACTORS,LICENSEES,OR
INVITEES. DESIGN-BUILDER LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HO�D OWNER HARMLESS FROM AND AGAINST ANY AND A�L INJURIES,
LOSS, OR DAMAGES TO PROPERTY OF OWNER DURING THE PERFORMANCE OF THIS
AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESU�TING FROM,
IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OWNER'S
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES OR INVITEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE DESIGN-
BUILDER TO INDEMNIFY THE OWNER FOR ITS SOLE OR CONCURRENT NEGLIGENCE;
PROVIDED, HOWEVER, THIS INDEMNITY SHALL NOT BE CONSTRUED SO AS TO REQUIRE
THE DESIG,N PROFESSIONAL TO INDEMNIFY OWNER ORANYONE UNDER OWNER FOR THE
OWNER'S SOLE NEGLIGENCE.
8.2 Desiqn-Builder's Liabilitv Insurance. The Design-Builder shall obtain and maintain
insurance coverage for the following claims which may arise out of the performance of this
Agreement, whether resulting from the Design-Builder's operations or from the operations of any
Subcontractors, their employees, or by an individual or entiry for whose acts they are liable:
8.2.1 Claims under Workers' Compensation statutes or other disability benefits statutes
applicable to the Construction Work;
8.2.2 Claims under applicable employer's liability statutes or laws for bodily injury,
occupational sickness, disease or death claims of the Design-Builder's employees;
8.2.3 Claims for bodily injury, sickness, disease, death or damages to persons not
employed by the Design-Builder;
8.2.4 Claims for personal injury disability for damages directly or indirectly related to the
person's employment by the Design-Builder;
8.2.5 Claims for damage to or destruction of tangible property;
8.2.6 Claims for bodily injury, death, or property damage resulting from motor vehicle
liability for motor vehicles used or operated by the Design-Builder; and
8.2.7 Claims for contractual liability involving the Design-Builder's obligations under the
indemnity provided in this Agreement.
8.2.8 Claims for loss of use of Owner's property located at the Project site occurring
before Substantial Completion.
8.2.9 Claims for damage to boiler and machinery located at the Project site occurring
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 16 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
before Substantial Completion.
8.2.8 The Design-Builder's liability insurance policies shall be written for not less than
the following limits of liability:
Commercial General Liability Insurance:
(a) Each occurrence limit: $1,000,000
(b) General Aggregate: $2,000,000
(c) Products/Completed Operations Aggregate: $2,000,000
(d) Personal and advertising Injury Limit: $2,000,000
Automobile Liability
$1,000,000 each accident on a combined single limit basis
Or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned.
Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 —1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000
each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per
disease per employee
8.2.9 Commercial General Liability Insurance may be arranged undera singie policyfor
the full limits required or by a combination of underlying policies and an excess of umbrella liability
policy. Design-Builder shall notify Owner immediately upon being made aware that Design-Builder's
insurance policy has lapsed, not renewed, or been canceled. Owner may order Design-Builder to
cease work for failure to maintain insurance coverage. Certificates of insurance showing required
coverage to be in force shall be filed with the Owner prior to commencement or continuation of the
Construction Work. Products and completed operations insurance shall be maintained for a
minimum period of one year after the date of Substantial Completion.
8.3 Professional Liabilitv Insurance. The Design-Builder shall obtain or require its Design
Consultants to obtain professional liability insurance for claims arising out of the negligent
performance of the professional services required under.this Agreement. The professional liability
insurance shall be written for an amount not less than $2,000,000 per claim and in the aggregate,
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Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 17 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
with a deductible amount not to exceed $50,000. Such coverage shall be maintained for a period of
three (3) years following the date of final completion.
8.4 Builder's Risk Insurance. The Design-Builder shall obtain and maintain All Risk Builder's
Risk insurance for the Construction Work required under this Agreement. This insurance shall
include as named insureds the Owner and the Design-Builder. This insurance shall include all risk
insurance for physical loss or damage inciuding without duplication of coverage, at least: theft,
vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, temporary
buildings, debris removal, testing, and demolition resuiting from enforcement of any applicable legal
requirements.
8.5 Additional Insurance Requirements.
8.5.1 The Owner, its officers, employees and servants shall be endorsed as an
additional insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
8.5.2 Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 1000 Throckmorton
Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project.
8.5.3 Any failure on part of the Owner to request required insurance documentation
shali not constitute a waiver of the insurance requirements specified herein.
8.5.4 Each insurance policy shall be endorsed to provide the Owner a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten
days notice shall be acceptable in the event of non-payment of premium.
8.5.5 Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: Vil or equivalent measure of financial strength and solvency.
8.5.6 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved'by the Owner.
8.5.7 Other than worker's compensation insurance, in lieu of traditional insurance,
Owner may consider alternative coverage or risk treatment measures through insurance pools or
risk retention groups. The Owner must approve in writing any alternative coverage.
8.5.8 Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the
Owner.
8.5.9 Owner shall not be responsible for the direct payment of insurance premium costs
for contractor's insurance.
8.5.10 Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage maintained by Owner
shall not be called upon to contribute to loss recovery.
,K���rxw�_,��zN�.��._.-�c�����_.n..���,���.��,G���_v_��:���.�._��,t-m�.4�:.��_,�,���",r.��,�_._.s,_=r������.�,..�.�����.�_�,.�,,� _�
Design-Buiid Agreement Between Owner and Design-Builder on Open Book Price Basis Page 18 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
8.5.11 In the course of the project, Contractor shall report, in a timely manner, to Owner's
officially designated contract administrator any known loss occurrence which could give rise to a
liability claim or lawsuit or which could result in a property loss.
8.5.12 Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
8.5.13 Upon the request of Owner, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
8.6 Bonds and Other Performance Securitv.
8.6.1 The Design-Builder shall give the Owner surety in a sum equal to the amount of
the Lump Sum Price, as reduced by cost of the design services. The Design-Builder shall be
required to furnish bonds as follows. All bonds furnished hereunder shall meet the requirements of
Chapter 2253 of the Texas Government Code, as amended. In order for a surety to be acceptable
to the Owner, it must meet the requirements of V. A. T. S. Insurance Code, art. 7.19-1.
8.6.2 If the total Lump Sum Price as reduced by the cost of the design services is
$25,000 or less, payment to the Design-Builder shall be made in one lump sum. Payment shall not
be made for a period of 45 calendar days from the date the work has been completed and accepted
by the Owner.
8.6.3 If the total Lump Sum Price as reduced by the cost of the design services is in
excess of $25,000, a Payment Bond shall be executed in the amount of the contract solely for the
protection of all claimants supplying labor and material in the prosecution of the work.
8.6.4 If the total Lump Sum Price as reduced by the cost of the design services is in
excess of $100,000, a Performance Bond shall be executed in the amount of the contract
conditioned on the faithful performance of the work in accordance with the plans, specifications, and
contract documents. Said bond shall solely be for the protection of the Owner.
8.6.5 No sureties will be accepted by the Owner that are at the time in default or delinquent
on any bonds or which are interested in any litigation against the Owner. Should any surety on the
contract be determined unsatisfactory at any time by the Owner, notice will be given to the contractor
to that effect and the contractor shall immediately provide a new surety satisfactory to the Owner.
8.7 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
8.7.1 Definitions:
8.7.1.1 Certification of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, orTWCC-84), showing statutoryworkers' compensation insurance coverage
for the person's or entity's employees providing services on a project, for the duration of the project.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 19 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
8.7.1.2 Duration of the project inciudes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and accepted by the
governmental entity.
8.7.1.3 Persons providing services on the project ("subcontractor" in §406.096) includes
all persons or entities performing all or part of the services the contractor has undertaken to perform
on the project, regardless of whether that person contracted directly with the contractor and
regardless of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any
such entity, or employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other services related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
8.7.2 Design Builder shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) or all employees of the Design=Builder
providing services on the project, for the duration of the project.
8.7.3 Design Builder must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
8.7.4 If the coverage period shown on the Design-Builder's current certificate of
coverage ends during the duration of the project, the Design-Builder must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
8.7.5 The Design-Builder shall obtain from each person providing services on a project,
and provide the governmental entiry:
8.7.5.1 A certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
8.7.5.2 No later than seven days after receipt by the Design-Builder, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
. 8.7.6 The Design-Builder shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
8.7.7 The Design-Builder shall notify the governmental entity in writing by certified mail
or personal delivery, within ten (10) days after the Design-Builder knew or should have known„ of
any change that materially affects the provision of coverage of any person providing services on the
project.
8.7.8 The Design-Builder shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Worker's Compensation Commission, informing all persons
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 20 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
providing services on the project that they are required to be covered, and stating how a person may
verify coverage and report lack of coverage.
8.7.9 The Design-Builder shall contractually require each person with whom it contracts
to provide services on a project, to:
8.7.9.1 Provide coverage, based on proper reporting on classification codes and payroll
amounts and �ling of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the
duration of the project;
8.7.9.2 Provide to the Design-Builder, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
8.7.9.3 Provide the Design-Builder, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
8.7.10
Builder:
8.7.10.1
project; and
Obtain from each other person with whom it contracts, and provide to the Design-
Provide a ce�tificate of coverage, prior to the other person beginning work on the
8.7.10.2 A new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project.
8.7.11 Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
8.7.12 Notify the governmental entity in writing by certified mail or personal delivery,
within ten (10) days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
8.7.13 Contractually require each person with whom it contracts, to perform as required
by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they
are providing services.
8.7.14 By signing this contract or providing or causing to be provided a certificate of
coverage, the Design-Builder is representing to the governmental entity that all employees of the
Design-Builder who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-
Insurance Regulation. Providing false or misleading information may subject the Design-Builder to
administrative, criminal, civil penalties or other civil actions.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 21 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
8.7.15The Design-Builder's failure to comply with any of these provisions is a breach of
contract by the Design-6uilder which entitles the governmental entity to declare the contract void if
the Design-Builder does not remedy the breach within ten days after receipt of notice of breach from
the governmental entity.
8.7.16 The Design-Builder 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 workers' 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".
ARTICLE 9- SUSPENSION AND TERMINATION OF THE AGREEMENT
9.1 Suspension by the Owner for Convenience. Owner may order Design-Builder in
writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time
as the Owner may determine to be appropriate for its convenience without additional compensation
to the Design-Builder. To the extent the time for performance of the Construction Work is impacted
by such suspension, delay or interruption an equitable adjustment shall be made in the Contract
Price and/or Contract Time. No adjustment shall be made if the Design-Builder is or otherwise
would have been solely responsible for the suspension, delay or interruption of the Construction
Work, or if another provision of this Agreement is applied to render an equitable adjustment.
9.2 Termination bv the Owner for Cause.
9.2.1 If Design-Builder persistently fails to perform any of its obligations under this
Agreement and fails within seven days after receipt of written notice from Owner of such failure to
commence and continue correction of such failure, then the Owner may undertake to perform such
obligations. The costs incurred by the Owner in performing such obligations may be deducted from
the Contract Price:
9.2.2 If Design-Builder fails to cure upon seven (7) days' written notice to Design-Builder
and Design-Builder's surety, Owner rnay, after seven days following receipt by the Design-Builder of
an additional written notice, terminate this Agreement for any of the following reasons:
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 22 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
9.2.2.1 If Design-Builder persistently utilizes improper materiais and/or inadequately
skilled workers;
9.2.2.2 If Owner receives notice that the Design-Builder has not made proper payment to
laborers, material suppliers or Subcontractors, provided that the Owner has fully paid to the Design-
Builder in accordance with the terms of this Agreement, the payment sought by such laborers,
material suppliers or Subcontractor; or
9.2.2.3 If Design-Builder persistently fails to abide by the orders, regulations, rules,
ordinances or laws of governmental authorities having jurisdiction; or
9.2.2.4 If Design-Builder is in breach of any other requirement of the Contract Documents.
9.2.3 Owner may terminate this Agreement for cause if Design-Builder files a petition
under the Bankruptcy Code, and Design-Builder or the Design-Builder's trustee rejects the
Agreement or, if there has been a default, the Design-Builder is unable to give adequate assurance
that Design-Builder will perform as required by this Agreement or otherwise is unable to comply with
the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy
Code.
9.2.41n the event the Owner exercises its rights under Subparagraph 9.2.1 9.2.2 or
9.2.3, upon the request of the Design-Builder, the Owner shall provide a detailed accounting of the
obligations or work of the Design-Builder performed by Owner and the cost incurred by the Owner in
performing such obligations or work.
9.3 Termination bv the Owner Without Cause. If Ownerterminates this Agreernent other than
as set forth in paragraph 9.2, then Owner shall pay Design-Builder for all work completed as of the
termination date (including any withheld retainage), plus all proven losses, costs or expenses
incurred in connection with demobilization and termination of the Construction Work. Design-Builder
shall not be entitled to any compensation for lost or anticipated profits.
9.4 Termination bv the Desiqn-Builder.
9.4.1 Upon seven (7) days' written notice to the Owner, the Design-Builder may
terminate this Agreement for any of the following reasons:
9.4.1.1 if the Work has been stopped for a sixty (60) day period;
9.4.1.2 if the Owner suspends the Work for sixty (60) days;
9.4.1.3 if the Owner fails to furnish reasonable evidence that sufficient funds are available
and committed for the entire cost of the Project; or
9.4.2 Upon termination by the Design-Builder in accordance with paragraph 9.4.1, the
Design-Builder shall be entitled to recover payment from the Owner as if the Owner had terminated
this Agreement under paragraph 9.3. Design-Builder shall not be entitled to any compensation for
lost or anticipated profits.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 23 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
ARTICLE 10 — MINORITY/WOMEN BUSINESS ENTERPRISE PARTICIPATION
10.1 The goals of eighteen percent (18%) for design and twenty-one percent (21 %) for
construction have been established for Minority and Women Business Enterprise (M/WBE)
participation in this Agreement. Design-Builder shall fully comply with all requirements of Owner of
Fort Worth Ordinance No. 15530 in meeting this established goal.
10.2 In accord with City of Fort Worth Ordinance No. 15530, Owner has goals for the
participation of minority business enterprises and woman business enterprises in Owner's contracts.
Design-Builder acknowledges the M/WBE goal established for this contract and its commitment to
meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by Design-Builder may result in the termination of this agreement and
debarment from participating in Owner contracts for a period of time of not less than three (3) years.
ARTICLE 11 - MISCELLANEOUS
11.1 Notices. All notices required to be given under this Agreement shall be deemed delivered
when deposited in the United States mail, first class postage prepaid, addressed to the recipient at:
Thos. S. Byrne, Ltd.
3100 West 7�h Street, Suite 200
Fort Worth, Texas 76107
CITY OF FORT WORTH
Architectural Services Manager
Facilities Management Group
Transportation and Public Works Department
401 West 13`h Street
Fort Worth, TX 76102
11.2 Conflict in Terms. In the event there is a conflict between the terms of this Agreement,
and any other Contract Document, the terms of this Agreement shall control over the other Contract
Documents.
11.3 Governinq Law. The laws of the State of Texas shall govern this Agreement and the
parties agree that any suit arising out of or relating to this Agreement shall be exclusively in Tarrant
County, Texas.
11.4 No Waiver of Performance. The failure of either the Owner or the Design-Builder to
insist, in any one or more instances, on the performance of any of the terms, covenants or
conditions of this Agreement, or to exercise any rights under this Agreement, shall not be construed
as a waiver or relinquishment of such term, covenant, condition or right with respect to further
performance.
11.6 Severabilitv. The partial or complete invalidity of any one or more provisions to this
Agreement shall not affect the validity or continuing force and effect of any other provision.
11.7 Riqht to Audit.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 24 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
11.7.1 Design-Buiider agrees that Owner shali, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of the Design-Builder involving transactions
relating to this Agreement. Design-Builder agrees that the Owner shall have access during normal
working hours to all necessary Design-Builder facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this section.
Owner shall give De�ign=Builder reasonable advance notice of intended audits.
11.7.2 Design-Builder shall include in all its subconsultant agreements and subcontracts
hereunder a provision to the effect that the subconsultant and/or subcontractor agree that the Owner
shall, until the expiration of three (3) years after final payment under the subcontract, have access to
and the right to examine and photocopy any directly pertinent books, documents, papers and
records of such subconsultant or subcontractor involving transactions to the sub-agreement, and
further, that Owner shall have access during normal working hours to all subconsultant or
subcontractor facilities, and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. Owner shall give subconsultants or
subcontractors reasonable advance notice of intended audits.
11.7.3 Design-Builder agrees to photocopy such documents as may be requested by
Owner, and further agrees to include such a provision in any subconsultant or subcontractor
agreement. Owner agrees to reimburse for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
11.8. Additional Compensation Anywhere in this Agreement where Design-Builder may be
entitled to additional compensation, the calculation to determine such additional compensation shall
not include any costs or expenses for any home-office overhead and expenses, and shall be limited
to the costs incurred at the Project site, examples of which include Project site trailer, Project site
utility costs, Project site supervision, Project Engineer (billed on hourly rate) and Project Manager
(based on hourly rate) and like Project site specific costs.
The Remainder of This Page is Intentionally Left Blank
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 25 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
This Agreement is entered into
ATTEST:
:�����
�
M�ry J. I
City Sec
Approved as orm and Legality
By; � ,
Doug as . Black
Assistant City Attorney
M&C G25513 March 20 2012 .�-
Authorization & Date
CITY OF FORT WORTH:
By: c�.�.1i .0 Ilii.►.
Fernando Costa
Assistant City Manager
Approval Recommended:
gy; I. �,� , C�' c,--
�sCR Dougla W. Wiersig, PE
Director, Transportation & P lic Works
Department
� ► :� � �
•- C �- . •
� / �
� �
�` �iL/I��'
• � � ' •' I
pFFIC1pL RECORD
CITY SECRETARY
FT. WORTH, TX
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 26 of 26
Enhanced Neighborhood Family Aquatic Center at Marine Park (March 2012)
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Syrne Construction Se►vices Citp ofFort �orrh
FamilpAquaiic CenteratM'a�e Patk
4, Project Budget . -
Provide budget costs for the project in the format of the sample form acldressed above or your own
firm with similar detai[s. Include Design-Build Management Fee and/or other fees, Reimbursable
Expenses, Design, Construction, and other applicable costs.
Marine Park Famity Aquatic Center - Order of Magnitude Budget Estimate
21
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'•:•;
PERFORMANCE BOND
Bond 4�022034759
_� THE STATE OF TEXAS §
PRESENTS: COUNTY OF TARRANT
KNOW AL1. BY THESE
§
That we, (1) Thos. S. Bvrne, Ltd., as Principai herein, and (2) Liberty Mutual
Insurance Company , a corporafion organized under the
laws of the State of (3) Massachusetts , and who is authorized to issue surety
bbnds in the Sfiate of Texas, Surety herein, are held and firmly bound unto the City of
Fort Worth, a municipai corporation located in Tarrant and Denton Counties, Texas,
Obligee herein, in the Guaranteed Maximum Price not to exceed surn of Three Million
and Two Hundred and Twentv-Five Thousand and Nine Hundred and Five Do(lars
�$;3L225,905.00) for the payment of which sum we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presenis.
WHEREAS, Principal has entered into a certain written contract wifh the Obligee
dated the 20th day of March, 2012, a copy of which is attached hereto and made a part
hereof for al( purposes, for the construction of the Enhanced Neiqhborhood �amilv
Aquatic Center afi Marine Park located in the 300 Block of NW 20th Street in Fort
Worth, Texas (CPMS No. 1831 and TPW No 2011 16)
. -
� � NOW, THEREFORE, the condition of this obligation is such, if the said r rincipal
� shall faithfully perform the work in accordance with the plans, specificaiions, and
contract documents and shall fully indemnify and hoid harmless th� Obiigee from all
cosfis and damages which Obligee may suffer by reason of Principal's default, and
reimburse and repay Obiigee for all outlay and expense that Obligee may incur in
making good such default, then this obligation shall be void; ofherwise, to remain in full
force and effect.
�
�
PROVID�D, HOWEVER, that this bond is executed pursuant to Chapter 2253 of
the Texas Government Code, as amended, and ali liabilities on this bond shall be
determined in accordance with the provisions of such statute, to the same extent as if it
were. copied at length herein,
IN WITNESS WHEREOF, the duly authorized representatives of the Principai
and the Surery have executed this instrument.
Design-Bulld Agreement for Marine Park Family Aquatic Center (March 2012)
� '
�
SIGNED and SEALED this 27th day of March
ATTEST:
�
(Princ pal) Secretary
(S � A L.}
Witness as to Principal
ATTEST:
" Secretary
2012.
�
�
Thos. S. Byrne, Ltd. �
PRINCIPAL �
By: �
�Name: ia Najjar
Executive Vice-President T.S. Byrne �
Title: Management, Inc.-General Partner,
Address: 3100 W 7th St ��200
Ft Worth, TX 76107
Liberty Mutual Insurance Company
SURETY �
y' _
Nah1e: Trac Tucker
Attorn y in Fact
(S � P, le} � Address: 900 summit Ave.
�L� Ft Worth, TX 76102
� ��
Witness as t� Surety Telephone Number: 817/336-8520
NOTE: (1) Correct name of Principal (Contractor).
(4)� Correct name of Surety.
(5) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy
of Power of Attorney shall be aftached to Bond by the Attorney-in-Fact.
The date of bond shall noi be prior to date of Contract.
Design-Build Agreement for Marine Park Family Aquatic Center (March 2012)
�
�
�
�
.�
�
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�
�
IN WITNESS WHEREOF, the duly authorized representatives of the Principal �
and the Surety have executed this instrument. �
SIGNED and SEALED this 2�th day of
ATTEST:
(�'rincipal) Secretary
(� E A �L)
Witness as to Principal
ATTEST:
S��retary
Thos. S. Byrne, Ltd.
PRINCIPAL
By: .
NaIT1e: li s Naj j ar
Executive Vice-President T.S. Byrne
TItI@: Management, Inc.-General Partner
Address: 3100 W 7th St. ��200
Ft Worth, TX 76107
Liberty Mutual Insurance Company
SURETY
Name: Trac Tucker
Attorney in Fact
(� � � �-) Addl'ess: 900 Summit Ave.
�Ft Worth, TX 76102
_ / T L�S�
V',/itr7es� as to Sureiy Telephone Number: $17/336-8520
NOTE: (1) Correct name of Principal (Confractor). �
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must,be stated. In addition, �an original copy
of Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
�
�
�
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�
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�
Design-Bulld Agreement for Marine Park Family Aquatic Center (March 2012)
March , 2012.
�
2547221
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herefn stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberly Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authoriry of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
TRACY TUCKER, TOBIN TUCKER, W.<t.AWRENCE BROWN, ALL OF THE CITY OF FT. WORTH, STATE OF TEXAS
. .. .. ....... ......... ...................................
each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowiedge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in #he penal sum not exceeding
FIFTY MILLION AND 00/100******************** DOLLARS $ 50 000 000.00*''*** '
( ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance bf these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 24th day of April ,
2009
LIBERTY MUTUAL INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
� `�` Bv� .� i,✓� ��-
���, Garnet W. Elliott, Assistant Secretary
�`� .�
On this 24th day of April , 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
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IN TESTIMONY WH ,«i�F�, J�h�v� ��r unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written. `� �€����f�� �''
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CERTIFICATE � a ����� �� � �
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I, the undersigned, Assistan� �ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and Cdo further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberry Mutual Insurance Company at a meeting duly cailed and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this %� th day of
March 2012
��^��'�` By i
> A� Davitl M. Care Assi nt Secre
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Important Notice
• •: � •- � • •- • u_. _ •il'-_ ►
You may write to Liberty Mutual Surety at:
Liberty Mutual Surety
Interchange Corporate Center
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462-8284
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection a(�.tdi.state.tx.us
Premium or Claim Disputes
i Should you have a dispute concerning a premium, you should contact the agent first. If you
i
( have a dispute concerning a claim, you should contact the company first. if the dispute is not
; resolved, you may contact the Texas Department of Insurance.
Attach This Notice To Your Policy:
This notice is for information only and does not become a part or condition of the
attached document.
i
LMIC-3500 Page 1 of 2 Rev. 7.1.07
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NOTIFICACION IMPORTANTE
PARA OBTENER INFORMACION O REALIZAR UNA QUEJA:
Usted puede escribir la notificacion y dirigirla a Liberty Mutual Surety en la siguiente
direccion:
Liberty Mutual Surety
Interchange Corporate Center
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462-8284
Usted puede contactar al Departamento de Seguros de Texas para obtener
informacion acerca de las companias, coberturas, derechos o quejas:
1-800-252-3439
Usted puede escribir al Departamento de Seguros de Texas a la siguiente direccion:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection(a�tdi.state.tx.us
Disputas acerca de primas o reclamos
En caso de que usted quiera elevar una disputa concerniente al tema de primas, por favor
contacte en primer lugar a su agente. Si el tema de la disputa es relativo a un reclamo, por
favor contacte a la compania de seguros en primer termino. Si usted considera que la
disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar
al Departamento de Seguros de Texas..
Adjunte esta notificacion a su poliza:
Esta notificacion es a los solos fines de su informacion y la misma no forma parte o
condiciona de manera alguna el documento adjunto.
LMIC-3500 Page 2 of 2 Rev. 7.1.07
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CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor
certifies that it provides worker's compensation insurance coverage for ail of
its employees employed on City of Fort Worth project
Enhanced Neighborhood Family Ac�uatic Center at Marine Park
Located in the 300 Biock of NW 20 h Street
Fort Worth, Texas
CPMS No. 1831 (TPW No. 2011-1
By:
STATE OF TEXAS
COUNTY OF TARRANT
� OR ME the u dersigned authority, on this day personally appeared
� o o� Vi�T� � ,
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act and
deed of ��
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for the purposes and consider�ations �herein expressed and in the capacity
therein stated.
GIV N U DER MY HAND AND SEAL OF OFFICE this �
, 20�.
Notary Public in and for the State of Texas
(a) Contractor agrees to provide to the City a certificate showing that it has
obtained a policy of workers compensation insurance covering each of its
employees on the project in compliance with state law. No Notice to
Proceed will be issued until the Contractor has complied with this section.
(b) Contractor agrees to require each and every subcontractor who will
perform work on the project to provide to it a certificate from such
Design-Build Agreement for Marine Park Family Aquatic Center (March 2012)
� , Title
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subcontractor stating that the subcontractor has a policy of workers
compensation insurance covering each employee employed on the
project. Contractor will not permit any subcontractor to perform work on
the project until such certificate has been acquired. Contractor shall
provide a copy of all such certificates to the City.
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Design-Build Agreement for Marine Park Family Aquatic Center (March 2012)
THE CITY OF FORT WORTH, TEXAS
Request for Proposals (Phase Two)
from Shortlisted Design-Build Firms
Family Aquatic Center
` at Marine Park
CPMS NO. 1831 (TPW2011-16)
� �� � �� i ���
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BETSY PRICE
MAYOR
TOM HIGGINS
CITY MANAGER
D�c��las '�!!. 1�i�rsig, PE
Director, Transportation & Public Works Qepartment
Richard Zavala
Director, Parks & Community Services Department
Jesus Chapa
[�irector, Housing & Economic C�evelopment
Department
December 2011
FURTWORTH�
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 4
FOR SHORTLISTED DESIGN-BUILD FIRMS
FAMILY AQUATIC CENTER AT MARINE PARK
Request for Proposals Submittal Date: January 25, 2012 (NO CHANGE)
The following questions have been asked and answered:
1. Pages 8 and 9 of the contract were missing in one of the offeror's books. Those pages
are attached with this Addendum.
Acknowledge the receipt of this Addendum No. 4 on your Proposal.
DOUGLAS W. WIERSIG, PE
DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT
By:
Dalton Murayama, AIA
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE: January 24, 2012
Design-Build RFP (Phase Three) for Marine Park Family Aquatic Center Page 1 of 1
Addendum No. 4(January 24, 2012)
3.2.9 The Owner shall provide full information in a timely manner regarding
requirements for tf�e Project including al( information confained in the Design Criteria Documents.
3.2.2 Unless expressly stated to the contrary in the Contract Documents, Owner shali
provide for Design-Buiide�'s information and use the following docurnents upon which Qesign-
Builder is entitled to rely upon in performirig the Work:
3.2.2.i Surveys describing fhe property, boundaries, topographyand reference pointsfor
use ciuring construction, including existing senrice and utility lines;
3.2.2.2 Geotechnical studies describing subsurface conditions, and other surveys
describing other'fate�t or concealed physical condiiions a# the Project site;
3.2.2.3 Temporary and permanent easemen#s, zoning requi"rernenfs, deed restrictions,
and other requiremenis and encumbrances affecting land use, or necessary to permit ihe pc�per
design and construction of the Project and enable Design-Builder to perform fhe Work;
3.2.2.4 A legal description of the property upon which tfie Project is located;
3.2.2.5 To the extent available, as-buiit and recard drawings of any existing structures at
the Project site; and
3.2.2.6 To ihe exten# available, environmentai studies, reports and impact s#atements
describing the environmantai condifions, including Hazardous Conciifions, in existence atfhe Project
site or which cou(d affect the Project site.
3.2.3 - Owner is responsible for securing and execuiing aU necessary easements and
agreements with adjacent land or propert}� ownsrs that are necessary to enabfe Design-Builder io
pe�form the Work. Owner is further responsible for all costs, including af�omeys` fees, incuRed in
sec�ring these necessary easements and agreements. Owner is responsible for securing all zoning
approvals required for the Project as well as all easements necessary for the construc6on to
proceed without deIay.
3.3 At�prova[ of Schematic Desiqn Dacuments. Atthe time of ihe Owner's approval o#
the Open Book Price Proposal, as �provided in paragraph 5.2, ii�e Owner shall review, modify as
required, and approve the Schematic Design Documents provided to the Owner by ihe Design-
Builder. Upon the Owne�'s approval, the Schematic Design Documents shal( be part of the Cantract
Documents and shall constitcate ilie scope of the design and construc�ion services to be perforrned
by Design-Suilder.
3.4 Owner's Construction Responsibilities
3.4.9 Throughoutthe performancs of the Construction Work, the Owner shall cooperate
with Design-Builder to assure that tF�e Consiruction Work is timely antf efficient(y performed �nrith�ut
delay or in#erference to the services provided by Design-Builder. The Owner shall assign Ronaid
Clements, Project manager, as ihe Owner representative who shalE be fully acquainted with ti�e
Project and who sFiali have authority fo bind tl-�e Owner in all matters requiring the Owners approvaf,
aufhorization, or wriiten notice. lf fhe Owner changes its representa#ive or the representative's
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basfs Page 8 of 25 .
Family Aqua6c Center at Marine Park (December 2011) '
F4RT WORTH�,
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 3
FOR SHORTLISTED DESIGN-BUILD FIRMS
FAMILY AQUATIC CENTER AT MARINE PARK
Request for Proposals Submittal Date: January 25, 2012 (NO CHANGE)
The following questions have been asked and answered:
1. Is city open to other suggestions on cost efficiencies with other layouts? This is with the
understanding that the architectural style and materials should be respected. NO —this
layout has been presented as the City standard Enhance Neighborhood Family Aquatic
Center. I would say that the only change to layout may be the consolidation of the bath
house and mechanical room into one structure —this will also better reflect our submittal to
the State (only the bath house). But the pool shapes, sizes and general purpose need to
remain the same.
2. Does the city have a program of aquatic components (more specific than what is listed) that
could be shared and would help in the suggestions of other elements of pool? NO —the SF's
provided for the individual program elements is all we have, this exhibit is a concept only,
smaller program elements that fit within the larger program elements can be worked out
during design (so some latitude for design still exists)
3. Will the Design Team, after selection, work with city to develop the pool design or is this the
accepied design? This is the accepted 'layout and form', City will work with design team for
development of specific pool design (materials, mechanical, color, play component(s) design
and size, etc.).
4. Will the city's survey provide the following? YES to all
• Location and sizes of sanitary sewer lines and water lines
• Tree survey
• Topographical map
• Location of other improvements such as walks, storm receptors
5. What is the anticipated date for contract approval and notice to proceed with design Mid
April 2012 (16`n)
Design-Build RFP (Phase Three) for Marine Park Family Aquatic Center
Addendum No. 3(January 20, 2012)
Page 1 of 1
F�QRT V�URTH
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 2
FOR SHORTLISTED DESIGN-BUI�D FIRMS
FAMILY AQUATIC CENTER AT MARINE PARK
Request for Proposals Submittal Date: January 25, 2012 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows:
1. Attached are the Overall Design Program (Attachment 1) and the Overall Building Design Program
(Attachment 2).
Acknowledge the receipt of this Addendum No. 2 on your Proposal.
DOUGLAS W. WIERSIG, PE
DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT
BY=
Dalton Murayama, AIA
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE: January 6, 2012
Design-Build RFP (Phase Two) for Marine Paiic Family Aquatic Center Page 1 of 1
Addendum No. 2(January 6, 2012)
FQRT �VURTH
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:_► ••: _ •► _►� � : �•:. � -�-
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FOR SHORTLISTED DESIGN-BUI�D FIRMS
FAMILY AQUATIC CENTER AT MARINE PARK
Request for Proposals Submittal Date: January 25, 2012 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows:
1. Revision: The Proposal shall be limited to 30 single sided pages. On SELECTION
PROCEDURES (Page 4 of 6), revise "20 pages" to "30 single sided pages."
2. Clarification: On SELECTION PROCEDURES (Page 5 of 6), Paragraph 7.a, explain your
company's past experience with Federally-Funded projects, etc., as requested in the paragraph.
3. Clarification: On SELECTION PROCEDURES (Page 5 of 6) Paragraph 7.b, THE ADDITIONAL
REQUIREMENTS FOR THIS AGREEMENT documents do not need to be completed in this Request
for Proposals (Phase Two). These documents must be completed by the selected Design-Build firm.
Acknowledge the receipt of this Addendum No. 1 on your Request for Proposal Submittal.
By:
DOUGLAS W. WIERSIG, PE
DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT
Dalton Murayama, AIA
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE: December 29, 2011
Design-Build RFP (Phase Two) for Marine Park Family Aquatic Center (December 2011) Page 1 of 1
Addendum No. 1(December 29, 2011)
TABLE OF CONTENTS
TABLE OF CONTENTS
INSTRUCTIONS TO SHORLISTED DESIGN-BUILD FIRMS
SELECTION PROCEDURES
SCOPE OF SERVICES
ADDITIONAL DOCUMENTS FOR REQUEST FOR PROPOSAL
1. Sample of Cost Breakout Details Proposal Form (Use your own form)
2. Schedule Requirements
3. Project Information
4. Texas Sales and Use Tax Exemption Certificate, Weather Table,
Table, Project Designation Sign
5. Community Development Block Grant (CDBG) Information, Including
Davis-Bacon Wage Rates
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW
CONSTRUCTION AGREEMENT
GENERAL CONDITIONS
ARCHITECTURAL SERVICES DESIGN GUIDELINES
Design-Build RFP (Phase Two) for Marine Park Fami►y Aquatic Center (December 2011) Page 1 of 6
INSTRUCTIONS TO SHORT�ISTED DESIGN-BUILD FIRMS
Request for Proposals (Phase Two) for the Design-Build contract to construct the
new Family Aquatic Center and demolish the existing pool and support buildings
at Marine Park, located at 303 NW 20th Street in Fort Worth, Texas. The
Proposals will be received at the Architectural Services Office at 401 West 13tn
Street, Fort Worth, 76102, until 5:00 P.M., Wednesday, January 25, 2012.
The last day for questions from shortlisted Design-Build firms will be by 5:00 PM
on Wednesday, January 18, 2011.
During this Design-Build phase, if any resident or outside organization requests
information on this project, refer them to Scott Penn, Parks and Community
Services Department, at (817) 392-5750.
After evaluating the Proposals submitted, the City shall select the Design-Build
firm that offers the Best Value to the City and enter into negotiations with that
firm. The City may discuss with the selected firm options for a scope or time
modification and any price change associated with such modification.
If any shortlisted Design-Build firm is submitting a Joint Venture Proposal for this
project in Phase Two, then the completed and executed Joint Venture
documents must be submitted with the Request for Proposal and supplemental
information submission.
The project will include design and construction of the Family Aquatic Center to
replace the existing pool and supporting buildings with new Family Aquatic
Center facilities and related site work and demolition of the existing pool and
support and restoration of the site to match the adjacent areas. The estimated
design-build cost is in the $3.2 million range (including design costs). Refer
to the attached project information.
The project will involve funds from both the City and Federal Community
Development Block Grant (CDBG). The Davis Bacon Wage Rates and Federal
Guidelines will apply for this project. Refer to the attached CDBG documents,
including the Davis-Bacon Wage Rates.
The construction of the new Family Aquatic Center including the Certificate
of Occupancy must be completed by April 30, 2013. The demolition of the
existing pool and support buildings and restoration of the demolition site
must also be completed by April 30, 2013.
The Design-Build firm will add a 5% allocation allowance onto the construction
budget proposal amount and only the Owner will approve the use of this
Design-Build RFP (Phase Two) for Marine Park Family Aquatic Center (December 2011) Page 2 of 6
allowance during construction. Any allowance remaining at the end of
construction will be retained by the City of Fort Worth. This allowance will not be
used in the Best Value selection process
The Liquidated Damages for this project are $5,000.00 per calendar day.
The Minority and Women Business Enterprises (MWBE) participation will be
evaluated in awarding this Contract. The MWBE participation requirement is
divided into the design portion and construction portion as follows: 18°/a for the
design team (architect, engineer, consultants, etc.) and 21% for the
construction team (general contractor, subcontractors, suppliers, etc.).
NOTE: As the design team will be contracted to the Design-Build firm, the prime
design firm can qualify towards the M/WBE goal of 18%. For the Design-Build
construction contract, only the subcontractors and suppliers can qualify towards
the M/VVBE goal of 21 %. Contact the M/WBE Office at (817) 212-2678 to obtain
list of certified architects, engineers, consultants and subcontractors and
suppliers.
For the Phase Two submittal for the design and construction portions, the
Design-build firm must state that they will meet the M/WBE goals for the design
and construction portions of this project or provide justification as to why the firm
will not or cannot meet the M/WBE goals.
The M/WBE firm(s) must be located or doing business in the City's geographic
market area that include the following nine (9) counties: Tarrant, Parker,
Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. The M/WBE
firm(s) must be currently certified or in the process of being certified by the North
Central Texas Regional Certification Agency (NCTRCA), or Texas
Department of Transportation (TXDOT), Highway Division prior to
recommendation for award being made by the City Council.
For additional information contact Ronald Clements, Project Manager, at (817)
392-8014 or Email Ronald.Clements(a�fortworthtexas.qov.
Design-Build RFP (Phase Two) for Marine Park Family Aquatic Center (December 2011) Page 3 of 6
FAMILY AQUATIC CENTER AT MARINE PARK
SCOPE OF SERVICES
ADDITIONAL DOCUMENTS FOR REQUEST FOR PROPOSAL
Submit design and construction cost breakouts, including Design-Build
contractor's project management, CM, and construction support (contract
administration) and any other fees. Refer to sample, 1 page (Attachment 1).
Use your own form.
Submit proposed schedule using the following scheduling software systems:
Primavera Version 6.1 or Primavera Contractor Version 6.1 or Primavera
SureTrak Version 3 or Microsoft Project Version 2003/2007. The softwares can
be later versions.
Project Information: site plan, pool building floor plan and elevation, general
Family Aquatic Center features, and opinion of cost estimate sheet, 4 pages
(Attachment 2). Note: The elevation and exterior material finishes must be
used with possible slight modifications.
Following Are Attached for Information and Will Be Part of the Design-Build
Agreement
Texas Sales and Use Tax Exemption Certificate, Weather Table, Project
Designation Sign, 3 pages (Attachment 3)
Community Development Block Grant (CDBG) Information, 3 pages and 54
pages, Including Davis-Bacon Wage Rates, 4 pages (Attachment 4)
Payment Bond (Attachment 5)
Performance Bond (Attachment 6)
Contractor Compliance with Workers' Compensation Law (Attachment 7)
Design-Build Agreement Between the Owner (City of Fort Worth) and the
Design-builder (Attachment 8)
General Conditions (Attachment 9)
Architectural Services Design Guidelines (DRAFT), June 30, 2010
(Attachment 10)
Design-Build RFP (Phase Two) for Marine Park Family Aquatic Center (December 2011) Page 6 of 6
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TEXAS SALES AND USE TAX EXEMPTION CERTlFtCATE
Name of Purchaser, Firm or Agency: City af Fort Worth. Texas �
Address (Street & Number, P.O. Bax or Route Number): 1000 Throckmorton
Cify, State, Zip Code: Forf Worth Texas 76102
Telephone: 897 392-8360
1, the purchaser named above, claim an exemptian from payment of sales and use
taxes for th� purchase of taxable items described below or on the attached order or
in�oice from:
All vendors
Description of the items to b� purchased, or on the attached order or invoice:
All items except mafor vehicles as lisfed below
Purchaser cfaims ihis exemption far the folfowing reason:
Govemmental Entitv
I undersiand fhat I wil[ be liable for payment of sales or use faxes which may become
due for failure to compfy wiih the provisions of the state, city, anciJor mefropo(itan transit
authority sales and use tax laws and comptrofier rules regarding exerrtpf purchases.
Liability for the fiax will be determined by the price paid for ihe taxable items purchased
or tha fair market rentaf value for the period of time used.
i understand that it is a rnisdemeanor to give an exemption certificate to the seller for
taxable items whicFi I tcnaw, at the time of purchase, will be used in a manner otfter than
express�d in fhis certificate a�d that upon conviction 1 may be fined not more than $50p
per offense. � �
Purchaser:
Title:
Dafe: February 1. 2Q07
Nofe: This cert�cate cannot be issued for.the purchase, lease or renfal of a mator
vehicle.
THIS CERTlFICATE DOES NOT REQUIRE A NUMBER TO BE VALID
Sates and Use Tax nExemption Numbers" or "Tax �cempt" Numbers do not exist.
This certificate shauld be fumished to the supplier. Da nof send the completed
certificate to fhe Comptratler of Public�Accounts.
WEATHER TABLE
Month Average inches of Snow/ice
Days of Rainfafl Pellets
Rain
January 7 1.80 1
February 7 2.36 *
March T 2.54 *
April 8 4_30 0
May 8 � 4.47 0
June 6 3.05 0
�July 5 1.84 �0
August 5 2.26 0
September 7 3.15 0
October 5 2.68 0
November 6 2.03 '
December 6 '1.82 *
ANNUALLY 77 32.30 1.
(1) Mean number of days rainfall, 0.01" or more
(2) Average norma( precipitafion, in inches
(3) Mean number of days 1.0 inch or more �
" Less fhan 0.5 inches
This table is based on information reported from Dallas-Fort Worth Regionat Airport, Texas.
Latitude 32 deg 54 min norfh, longitude 97 deg 02 min West, elevation (grounci) 551 fi.
Average number of days of rain, snow, and ice are based on records covering 2? years.
Precipifation is based on record of 1941-1970 period -
This table is #o be used as a basis for calculation of excess rain or weather days for projecfs with
duration in calendar days. if the site records indicate that the Cantractor was unable to carry out
operations due to weather, it is countEd as a weafher day. If the numbe� of weather days exceeds
fhe number of average rain days plus ihe snow/ice-pellet days for a given month, the contract
period will be adjusted by Change Order.
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�- CENTERL{NE OF
' SIGN, �OGO & .
� TDCf [NFORMA710N
�, �r�,
Pro�ect Titl�
� Architect:
Archifiect's Nar�e
Contractor:
Cor�traCtor'S t�lat�e
� FUNDEI] BY
(List Sond Fund, ebc.j
SCHEDULEQ COMPLETltJN DATE
YEAR .
a
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�tGN COLQR & FC3NT:
BACKC#�OUND - WHITE �
B4RDER - 5/16"WiDE,��"RAQIUS CQRNERS, PMS 288 �BL4JE
TEXT - HELVETICA ar AR1AL, PMS 288 (BLUEj .
FQRT W4RTH �OGO CflLORS & FONT:
F4RT Il�(ORTH - PMS 288 {BLUEj, CHELTENHAM B(JLD
LC)NGHORN LQGO - PMS 72� (BROWN) �
PRt�.1ECT DES[�NAT1�3N S[Gf�
. . . . . . . ' . - . . . . . .. ' . . ' � � Pa�;e l. of'4� - . . .
�;�r,era: i�o::i�;.:r: \arbc>r: 1'X1�OU59 O1/07%2011 TX59 � . . , . .... . . .
' 5uperscrdf��.a• G�r�:r•a•; ; ec.isic�n Na�rihet: TX20080053 " . . , . • . �'. '
. . SCat �: `!'c:c��,s• ' • .. _ • • . . . � .. � . . � . ..
.. . . � .. ' . : • ; . . • .' , •
, (;�ns:.rl=��t,ic�n ���t:. �!�i�l�ii;g : � _ • .' ' .. .` '. . . � • .
�.C'ai,n�ie;��: .:��li:;s�:n, .w�arY.cr• and�Tarrant Counties in Texas; � . . :
: � . L�IT9.i),I;��� �ON�'fi?��;^'l'i(:N i•R,OJ�CTS . (does noC include sin,�le ramily . • .. - � . ' � .
• l��omes •un.i _;pU et.r.:c�tsrs• ,.ip tc> .anct i�Glu�ting 4 stnr.ies) . � Us�. :. . • . .
current. 'r�e�v}� ut,;� hi�7hv:�y Ger��ral..Wage Deterntina�.ior for F'avirig . � � � � . .
. Inr.ic�erii:,:l .�:c i-tuiidir��� �oiistru�tion in Tarran�. �uunty anci For • � � -
Pavir,g �nd Ut;i? iti�s ini:iden=al. to Bui�ding Construction in • • - •• '
remainin�� fiow;:.;c.s.i ' .. � .. - . . . . - � •
. � hlt�<3iL•ic«�.ic,n Pv�.:;r.i�er � �P�[�lioation D�''te . ' �. . � . - .' ' •• . -
. . �• . 03/72/2010 � �- • � � ' �
� '� . . . 03f1'6•1.201Q - ' • � _ • . • � ' � .. .
� : � . .. �qd/42/2010 ` . . •
z ' • • • : U6lOd/20t0�.• - . • • � . . --_• -
- . . q' . . . - O�Fs/13%2��10� . . .. . .
• • � _ � . O'1/.�'I/2�1i � . . . . � � . , , . .
. • .BFTX�GC'1-t'C7 �5/(ji/•%�i19. . ' . . � � ' •
,. . ' . • . , .. �Ra Les � ' Frinc�es� - . . . . .• . . . ' '. � • .
IiI2tCi4L�;iEf? ........_. ......S 7i.06 . . • � . . .
.�... . ,_..,• .••
• - • ... . . 6.93 � .. . .
--------------------- .
• • � : .GARI�7�21=:)�7' �`��i/tilJiillO�; � . ,• ---------------- .----- • • � _ � '..
� .. . Rates • . . Frir:ges . � � • . ' . � '. .
. I�9; ut.l�Pl�.�pT . . . . . . . . . . . . . �. . . . . . . . $ 'l3 �5 . . .. . � . ' .
_ ' �i,Ec�o2n-u�4 : �;,�T�ti�n';.Q--------.-------�------=-:----'-2�-. ----- :�- � � �.. = . : � � . �•..
� . ��. :• ' ' • . ' • � P.ates ' _ ' �rinciss. • • - • : ' . - . . ..
. • � �.1 l•:!:r C] Ci d:l:;�: • , � . • . - - . ' . � , ' • ' ' � ,� � ' • , • � .
. •: S<a�:i� .��: ie:t:x'..... . '..... ,.; 26.41' y:50+12.���. ' ' • �
�i:l��c:t.rit:i�:i:.... ..:.. . ..� 'I,4•.25 � • 4:50a�12.S;. . . . . ' . .. • _ .
.. .. -------------------�----------------------- . . .
TftCiiJ(1'Lfi:S-vU1 O�i!G1/2vJ:) _ � • . ' : . . ' , . . � - � .
_ • ' ' : . : t�al:.es : , Fringes . . � . ' ' � " .
� :I ftUl3Sv01ih�:k. ( c-r'rU _l't11'3 i ! . . . . . . : $ 21 . 6� � • _ � ' . . � • .
' �vi'!'X46fi�3-D0.7 �7I.U1/7.01.1�------. -------------.-----_�._�U`--- -�- � � . , ' _ .. .. : , • .
, . � • � , ' �Ratss _ ; � f'r3r,ges' . • � . � � . : .
. SY;t�1uKi,1•:12 •F7'C?'�r� •{F'Lr.c - � � � � � • . � � - • �
, Spriri�cl�'ra•)'. .. : . .. .... ....... .�' 25:40� z . • . . '
-----.------------------------------------- .-� ------1-. 85------. • . . , , ' .
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. . - � : . • .' • Rates � . . .. . .EringAs' . � . ..
� ' '�At`O�>Li:]3.�. TP�S!'•a1:L.T'......�.......$ 11.23. . . , � . . ' . . • - . . . . -
� CA1iE'F:N�r�ri . � . � .. � ' . � � . � � ' � � -
. ifi:c:�.!1�9;ir:j dr}�w�11.-. � ' � ' � . , ' • • • , ' , . ' • •
" h�;i���rs, .aeausLit:a7 . - . • � � � � ' ' • . .
• � in5.r, a i.lc�rs & k,dxt • ' � • � • • � �
i r�:;u �� or: . . . . . . . . . . . . . $ ' 1,2 . �? � 2 . 22 • • � . . '- ---- .
• . • �.�oin�� dn�wc�3 l;.:n��?r��,on1y:.$ 10..00 .� . � , � � • . � � _ . .. .
^�MEP7T M�A:�UN/C"(,tiC;RE'ii.: 'r"LiJ15HER. .'. $ I0. 16. • � .76 . . . - .
DKY'Niti;,:,�•�L'IN;�itL:F/YPiFEtt.::......::•.$ I•�.1i3 • . . 2.27 ' • . � . ' .
. '.. . GLF�'GILR . . : . . . . . . . . . . ...'. . . . . _ . . S 11.37 . • ' 1.31 � - • • '
'J,tIL'CtRL:it {Inc:l:r:3inc� h;<sc:r. �. . . . � . � • .- • � ,- •.
. . Tand�rs � �i�'�'1�}�r�) . ..._...5 �.46 . - � �. ' . . '
. . . . . . .. . , ] . 00� . . . .
• I,andscs�ie L<�bt=r.f:r. .. ...........S • 7.2� . ' • . . � • _ .
-N1ac:h�nical.� Irisuiut��r�_:.---....,.,$ ,1U.92 � • ' 1-.00 � . . • : • . � ..
� Fl��.hl1'�n :13�u�;�� •dnd. .,pray)� " � • • ' ' . • . . � • - �.
I (excLutliny- Dryivdl i E'in'ishi.'ng) .:. .S '10.9"i � � . ' 2-.21 , ' � ' . � ' ,. ,
FT�'�STc1hr.R .. .... . ..... . . .....:$ 1Z.F,0 ' • � • • _ .. , " , : . , . : .
• C�lumbo:s,and !'iF:<:�fi.tL'r.rfi•' . . � - . •- � . . . '
.a hncluciing�, Fit'�sC v1C��rk; : ........ .$: i3.39 � �: 2. L5. '- • •. ' .
• .. i'owcr �qtr��jni�r:t' :>per�*.or,: . _ ' , . • � - . . ' ' . -
_ R�i:kf�c,�es.'. . _ . . . . .�.. . . . _ .$ •'12:30. �. . ' 1.�82 . ' � .
. . . �.�f_L1L•:i. . .. � . . �. ' .� 14• ' ' . � ` • ' • , ' , � ' .
".- .2Fi L.4d' .
_ • 'k'G�.7:�a[i:;;:-L�ris'1 U�eZdtOrS_:$ i3..`�4 � • - - ' • .. • . . ' � .
_ • Gr��et.� . . . . . . . . . . . . . . . : $ 11 .-69 ' . . • 1. 80•- ' . � . � . . ,
' ROOE'F�K, � Iitclu;9ziiy'Fiuiit� ?i�, ' . � • . . , , • ' • .. • • • . • �
' ` �:ump�5 i t.'i'�rz ar:=3 a; r;qlc �ia: ." . " ' . . , . • . . �
• �nu;�::. . . : , : . . . . . . . . . . . . . . . . . . . S 9. 50� . . . '. . 99 • . , . : • , � .
::heer, met�al +�r^r•�or'•;Tr.c:��ding. ' . .. • , , •. . • ... . . �
H�AF: f.tit:c�r,' W��rk) ..... .. �.... .S 12. 0"3 • � ' • 1 . . . . ' � � ' .
,. .... . 2. 0. • .
, S��LI)LF2S - �f���_G;4e"ruG� pre�:r�.becl.�for .crafL pe'rtormi.ng�' • • � ' • • ' "
'• � -_U�;�Srut.iot��t.y_.t�'r�i�;hr4f�idin�_is_i��czi�'ei�la:l-------------------• _ ' ' .. � ' - . . .
• IVF�t,t7Tk;� - I:�L���;.va raa e prescribeci:•far GraEt perC�rmirc� � � � . . . - '
. • �;�c: rat�i r>n �.a .ci; i �-1-� we�di r���. • is� �nc:idenr.-a�,: • . . • � ' • . . . � .
, - -=::x=Y_---- _ -- -= _ _ -_.._�_-. -=-- =-_-___--_____- = _-_-_ • • ' • •
: Unli.st�a�d c.a,s51;f�;•�.��,i�sri� r,e�ded,.for wo,rY not ineluded within �' � ' �
; ' ��'iie s�c>�e of �ni�: �t�l��s';,gicat•ians .i•isted.iiiay be added eiter ' . . . . . . .
_� aw�rcl'a�tj�y �� �rr,vi�ed in t-?ie I.dbor. standards' r.�rit�acL claus'es " '
• � (2�C:FR ;s.. a (a?• i'• 7 �(ii') ) . � ' � • • � • • .. ' ' � • • , .
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• !n •the I I.SCI.lY? dY'ivVC'� 'thc °SU'! �des'iqnae.inn 1TI0dI1S t'hat. rat��s: • • ' � -
1'.isted un:ier.t.�e �icir»t.iL•ier cio�not refl�at eollectively " • • � � � -
; har•y�rir;cd waga arni �rincje beneEit raCes. • Other' de�ignations � � •
ind�i c�t.r� r�niar:� wi�o, e. raY.es have kr?en c9etermzned to �ie t��'• � �� � �
• . . prev�ilin3. , . .' . � ' . .. - . ' • : . . . ' , ' ..
. .. . • b9A!;.4,' UFTERMdNr�TTC�Td AFFEP.I�S �'ROCESS ,' - .
' � l:. j• HUs t iiei'F �t�en �r, .ni Ci.�; dec:isio7 'in the,mattez�? This c:azt • .. • , .
.�:�; . , , .
'� ar�, exi;tinr� , i; - .. . ' . • . . • : . . .
,i �ub._:;hcii• waq2 det�rmi,nation • . •
.. " r: �ur•vcy �:.i::�eriy.i�g .a way� �determin�tion . ' • .
�� n-kdat7e anc3 N��ur i?ivis�:on ;ette�- seCtiitg farth �a' posi.tiorl an
.. . . a s��c�L clete�rn:ina�•;cin. maeter. ' . ' . ..
y'` d c:or�,tnrmer,r.e' .{ad;�i�iorfal• ciasa�ific4�ian -and rate} .rul�ing
On•sui•t�y z'eluLed ni��,•lers, initial contact, including requests
• f�r summaries o� ;urveys, shov,ld be. Wi,th the k�aqe anci F3bur �
• . R�t�tonal 'Utfic.� fpr �t.h� area in alhich �Ehe, sur4e,y was -r.onducted
k>�.caeisc: f:Y;r.:sz I:�:�ion�il UfFicEs have respeinsibility,fc'>r tkte• '�
• Uavis-L�can �.sc•vey Yro�r�m. 3f the resp�nse '£rUrn fhi c: in,tial
� -c:onCat•r. is ne�z sar.istKr.t�.ry, tHen the gracess��escrif�ed in ?_}
� `ai�d �3..} . shoula��L:� taii•ncde�x. • . • • ' • . � .
i in�•i Lii rr�ard : r.c; �zny or.h'er. t��atter �ifot yEt ripe tor. tha _ formal
'.•F'r���:�s d�s�r3'vE;� F,er.e•, 'init.ia].:�cont�ct .sh'osld be• witn thr-: � '
• ,".�3ranch �f C.ons�r.si.tit,n wagP De�Prroina.r_io3ts, Wri�e tc�;• : '
_ . ' � � � L�ranc;: �� ��n�r�ructiun t^la�e�D�terminat'i��ns. • � � �
. • Yi4g� �r;.j It�u.r �iv'i sinn ' �. ' . • �
' , - • - � :lr.S. J"eparrsr,Ynt,�r,f'..L�bor. .. � . . � .
. ; � . i00 C`��tis� i 1.4.L".i.��I1 lveriue, • -N.k�r,• . . .. .
.. . . . � Washir::,�i�e�, UC 2U210 • . • ' _ • - . .
•'. 2.) .lf t};;± <�t�sw+tc•. t•e the•;�uestion in� �,•J is 'y,es, t�e� an '
. �r�texcyst���:� p�jri_jl {tt,ose: a� �ei;t•ed by tlie� ac:t� on) . can request �: .
._ ,. review a;��= r�rt,nsiclF�raGion• frr,m Lhe, Wage •and_Hour Rdmi.nist�at'or
.(�ee•'29 i;E'lt•.Fart: l:c• �nd 29r�C�'R Fart,�7j. Write Lo: , .
� Wr.�e �and Iiatrt A�tni.ni:SLrat;or., .' . �
•� '. � • - . �!9:..�. ::ep3rCinc:nlr nf'l,abe�r� ' . . , .
' -� 2:�0 rYo;,stiruri;,n !�verue�,N.W:- � ' ' •
.: : .. � tn?usnirrat.:�r�, ^C 2U21R �. . . ' ' • . . . . '
-. Th� req�i�sr .sh;;:?1d bn. ��ccompariied by .�a.fu11 starem�nt, of rhe
inter.:�s.t�d paa:r..y��s:.�ic�siE.ic�n•and by�any znformar'ion .(.wage• ' , .
•p��finent•'.a�la; Trt>��;;:t. c��:'s�_riptior�, .a"rea. pra�;ti�c�,ma'tex�ial,
•ete:..)••ttiat �tte rQ�ihsL•i:r eor��i.ders' r�le��ant•'to�the .issne. ,
: 3. )�: E the dG •rision of r.�e Administrz�or'• is not iavorable•; ar, '
• � iitter•ested �+art.y ;�a.y :pp�al d�irec•tl.y to the Aclmi.ni.str�tive •
. , }tevi,�w 8vard ;rc,rmcrly.the Wa��'�ippeals ��arci).. Write tr,: •
• , - �Ac�mirls;,ral`iv.e Review Board • � � • " ' •
� U.S, Deparcmen�.. c�f Labo:r ' • ' - � . . . .
. • _ - . � • ' . . : ; � .
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• ' � 2t�� L:�rrstir.��Lian �venue, N.'W. � . • .. • ' : ,
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Additional Contract Provisions
Family Aquatic Center at Marine Park
CPMS Project No. 1831
TPW Project No. TPW2006-12
Under the provisions of 24 CFR 85, certain provisions are required for all contracts
using grant funds provided by the U.S. Department of Housing and Urban Development.
In addition, these provisions are incorporated into this contract to address certain
contingencies which may arise under the course of work for this contract. Contractor
understands and agrees that federal agencies funding the work under this contract, in
whole or in part, as well as federal regulatory agencies and the congress are permitted
to require changes, remedies, changes conditions, access and records retention,
suspension of work, and other clauses approved by the Office of Federal Procurement
Policy.
1. Upon identification of possible breaches ofi contract, and prior to exercising its
termination rights under this Contract, City may elect to exercise any of the
following administrative remedies:
a. issuance of warning letter indicating that further failure to comply with
applicable requirements will result in serious sanction and giving
Contractor a limited time to correct the deficiency;
b. placing conditions upon award of future grants;
c. directing Contractor to stop incurring costs until the deficiency is
corrected and the correction is ve_rified;
d. requiring repayment of previously reimbursed grant funds; or
e. reducing the amount of pending grant awards or disallowing future
awards to Contractor.
The City's election to exercise any, all, or none of the aforementioned
administrative remedies does not act-as a waiver of any of City's other rights or
remedies under the law or this Contract for the enforcement of this Contract or
the recovery of any damages relating to Contractor's actions or inactions relating
to the Program, CDBG funds, and/or this Contract.
2. In addition to, and not in substitution for, other provisions of this Contract
regarding the provisions with CDBG funds, it is expressly understood and agreed
by and between the Parties that this Contract is wholly conditioned upon ttie
actual receipt by City of CDBG funds; that all monies distributed to Contractor
hereunder shall be exclusively from Federal monies received under said grant
and not from any other monies of City; and that if such funds under City's grant
are not timely forthcoming, in whole or in part, City may, at its sole discretion,
terminate this Contract and City shall not be liable for payment for any work or
services performed by Contractor under or in connection with this Contract.
Family Aquatic Center at marine Park (December) Page 1 of 3
3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity", as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60). (All construction contracts awarded in excess of $10,000 by grantees and
their contractors or subgrantees)
4. For contracts and subgrants for construction or repair, Copeland "Anti-Kickback"
Act (18 U.S.C. 874) as supplemented in 29 CFR Part 3
5. For construction contracts in excess of $2,000 awarded by Contractor when
required by Federal grant program legislation, Davis-Bacon Act (40 U.S.C. 276a
to 276a-7) as supplemented in 29 CFR Part 5
6. For construction contracts awarded by Contractor in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of inechanics
or laborers, Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327A 330) as supplemented by 29 CFR Part 5.
7. Notice to awarding Contractor requirements and regulations pertaining to
reporting. Contractor will submit to City on a weekly basis: (1) Payroll, (2)
Statement of Compliance-for each payroll, as applicable, for services and
activities accomplished by Contractor in perFormance of this Contract. Payroll
and the Statement of Compliance must be signed by a duly authorized agent of
the Contractor and submitted each Friday of the week following the week being
reported to the Department of Housing and Economic Development, Compliance
Division, 1000 Throckmorton, Annex Building, 4th Floor, Fort Worth, Texas,
76102.
8. All information and data arising from the work performed under this confract shall
be the property of the City of Fort Worth and may be subject to disclosure to third
parties and additionally may be subject to release to the public under the
provisions of the Texas Open Records Act. Contractor shall release and
provide to the city or its authorized designee all information and data related to
perFormance of work under this contract. Contractor shall not limit or attempt to
limit access to information or data by the city nor shall contractor obtain or
attempt to obtain a copyright to such information or data. Contractor
understands and agrees that data may be released to third parties, including but
not limited to the federal Department of Housing and Urban Development at the
sole discretion of the city.
9. In the event a patentable invention is created as part of this Contract and a
patent is obtained, Contractor shall notify City of the patent and the patent shall,
at the sole discretion of the city, be assigned to city upon demand. The city
retains all rights to intellectual property developed in the course of work of this
contract.
10.In the event any copyright arises with respect to any data or other copyrightable
work developed in the course of or under this Contract, Contractor shall notify
Family Aquatic Center at marine Park (December) Page 2 of 3
City of the copyright and the copyright shali, at the sole discretion of the city, be
assigned to city upon demand.
11. City, HUD, and the United States Comptroller General, or their respective
representatives, shall have access for four (4) years following the termination of
this Contract to any books, documents, records and papers relating to the
operations of Contractor under this Contract for the purpose of audit,
examination, exception and transcription at all of Contractor's offices at all
reasonable hours. This provision shall survive the termination or expiration of
this Contract.
12.A11 records pertaining to Contract, including but not limited to any books,
documents, and papers, shall be retained for four (4) years following the
termination of this Contract. Contractor may destroy Program records at the end
of this four (4) year period if no outstanding audit finding exists. This provision
shall survive the termination or expiration of this Contract.
13.The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of
1977, as amended (33 US 1251 et seq.) and the related EPA regulations at 40
CFR Part 15, as amended from time to time, and Executive Order 11738. In no
event shall any amount of the assistance provided under this Contract be utilized
with respect to a facility that has given rise to a conviction under the Clean Air
Act or the Clean Water Act.
14. Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR
8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995).
Family Aquatic Center at marine Park (December) Page 3 of 3
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
Table of Contents
PAGE
I. Pre-Construction Conference Minutes/Special Instructions to Bidders on Federally
FundedProjects .......................................................................................... 2-5
IL Contractor / Sub Information Forms .......... ...... ......... ......... .... ... ..... ... .... .. . ... . . ..... 6-7
III. Start of Construction Form ............................................................................. 8
IV. Construction Complete Form ........................................................................... 9
V. City of Ft. Worth Budget and Management Services Department, Affirmative Action Plan:
...............................................................................................................10-18
Section 3 of the Housing and Urban Development Act of 1968
A. Section 3 Attachment Forms ....................................................................... 19
1. Attachment B Self-Certification Form ...................................................... 20
2. Attachment D Statement of Release Form ......................................... ......... 21
3. Attachment E Preliminary Statement of Workforce Needs Form ...................... 22
4. B1ankPage .....................................................:.................................23
VI. Statement of Policy on Equal Employment Opportiuuty Form .................................... .24
VII. Department of Housing and Urban Development Contract Requirements ................:... 25-36
Executive Order 11246, Equal Opporlunity Clause; Section 202
A. Executive Order 11246 Forms
1. Certification and Acknowledgment Form .................................................. 37
2. Certification of Bidder Regarding Equal Employment Opportunity Form ............ 38
3. Certification Regarding Lobbying Form ................................................... 39
4. Certificate of Owner's Attorney Form ... ....... ................ .. ............... ... ........ 40
VIII. U.S. Depar`�ueni oi Labor �dag� and Hour and Public Contraci Divisions
A. Instructions for Completing Payroll form WH-347 ...........................................41-44
B. U.S. Department of Housing and Urban Development
1. Certificate from Contractor Appointing o�cer or employee to Supervise Payment of Employees
Form.......................................................................................... 45
2. Blank Page ..............:.... . ... ... ....... ........................ .. .. ...................... . 46
3. Payroll Form ................................................................................. 47
4. Blank Page .... . ........ . . .... .......:........................ ......................... . ....... 48
5. U.S: Department of Labor Statement of Compliance Form ........................... 49
6. Employees Statement of Work Verification Form ..................................... 50
7. Payroll Deduction Authorization Form ...........................................:....... 51
IX. U.S. Department of Housing and Urban Development Community Development Block Grant Input:
Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements
........................................................................................................... 51-55
*City of Fort Worth Community Development Block Grant Funded Project Form Packet will
include these documents.
❑ How to Complete Payroll Forms
0 Equal Employment Opportunity Poster
0 U.S. Department of Labor Poster
❑ Project Designation Sign
Family Aquatic Center at Marine Park (December 2011) Page 1 of 54
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
PRE-CONSTRUCTION CONFERENCE MINUTES
DATE:
LOCATION:
PROJECT NAME:
LOCATION OF PROJECT:
PROJECT N[1MBER:
CONTRACT NIJMBER:
TIME:
ATTENDEES
NAME NAME AND ADDRESS OF FIRM TELEPHONE NUMBER
Family Aquatic Center at Marine Park (December 2011) Page 2 of 54
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
PRE-CONSTRUCTION CONFERENCE MINUTES NOTES
Family Aquatic Center at Marine Park (December 2011) Page 3 of 54
City of Fort Worth
Community Development Slock Grant (CDBG) Funded
Construction Projects
SPECIAL 1NSTRUCTIONS TO BIDDERS ON FEDERALLY FUNDED PROJECTS
This project is subject to the Davis-Bacon Act (DBA), Copeland Act, Contract Work Hours Safety Standards Act
(CWHSSA), and the Fair Labor Standards Act (FLSA). FLSA sets out the requirements for payment of minimum
wages, overtime pay, child labor standards and prohibit wage discrimination on the basis of sex. DBA specifies the
minimum wages to be paid the various classes of laborers and mechanics employed on the project. CWHSSA sets a
uniform standard of 40-hour workweek with time and a half the basic rate of pay for all work in excess of 40-hours
per week. The Copeland Act prohibits kickbacks being paid by the employee to the employer and requires the
weekly submission of payrolls. FAILURE TO COMPLY WITH THE LABOR STANDARDS REQUIREMENTS
CAN RESULT IN THE ESCROW OF FUNDS AND/OR WITHHOLDING OF INSURED ADVANCES.
The contractor should inform his foreman and subcontractors that this project is subject to periodic employee wage
interview visits by City staff and/or federal agencies, such as HUD or DOL, to insure compliance with the
aforementioned regulations. These federal o�cers or City staffs are not to be prevented from conducting such
interviews.
The suggested payroll form is WH-347, Payroll. HUD prior to use must approve all other payroll forms. Payrolls
must be submitted to the Budget and Management Services Department, Contract Management Division within
seven days after a pav period end. A pay period is seven (7) consecutive days. Payrolls must be original and must
be completely executed. The signature must be that of owner, partner, officer of authorized individual, and must be
an original ink signature. It is suggested that blue ink be used. The certification dates must cover the seven (7)
day period. "A CERTIFICATION FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO
SUPERVISE PAYMENT OF EMPLOYEES" form must be submitted.
The payrolls and basic payroll records of the contractor and each subcontractor covering all laborers and mechanics
employed upon the work covered by this contract are to be maintained during the course of work and preserved for a
period of three yeazs thereafter.
Liquidated damages will be assessed for failure to pay overtime. The assessment amount is $10 per day per
violation. Overtime begins on this project after 40 hours per week. Additionally, wage restitution must be paid to
any emplo}�ee who is underpaid �a�hether the underpayment is due to failure to pay overtime or faiture to apply the
prescribed hourly rate of pay.
Employees must be classified and paid according to the classifications and rates prescribed by the applicable wage
decision. The decision, which is applicable to this project, is . The wage decision must be posted at
the construction site along with required posters for the duration of construction activity. Any classification needed,
which does not appear on the wage decision, must be requested and approved by the U.S. Department of L,abor prior
to the use of that classification on the project,
In instances where the owner of a company performs work on the project, that owner must show himself/
herself on the payroll and must show the hours worked each day and total hours for the week. All persons who
perform work on the project must be shown on the payroll. The address and social security number for each
employee must be included the first time that employee appears on the payroll and any time their address change.
Apprentices may be employed on the project; however, the Bureau of Apprenticeship & Training must certify them
and the allowable ratio of apprentices to joumeyman must not be exceeded.
Payrolls are required for weeks in which no work is performed labeled "NO WORK PERFORMED".
The first payroll furnished must show "lI�1ITIAL" in the payroll number block. Likewise, the last payroll must show
"FINAL". Subsequent payrolls following the initial payroll must be numbered sequentially beginning with number
2, including payrolls labeled "NO WORK PERFORMED".
Any person who is employed on a piecework basis must be shown on the payroll. The hours worked each day and
total hours for the week must be shown. The hourly rate of the piece worker must equal or exceed the prescribed
hourly rate for the particular work classification.
Family Aquatic Center at Marine Park (December 2011) Page 4 of 54
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
Dual work classifications within the same payroll period are acceptable provided that a signed verification of the
dual work classification is furnished from the employee. When dual work classifications are used submit the form
"EMPLOYEES STATEMENT OF WORK VERIFICATION".
Deduction authorizations, signed by employees, must be provided for any deduction with the exceptions of FICA
and federal tax.
Unless otherwise specified by the applicable wage decision, the classification. of "helper" is unacceptable.
Employees must be classified and paid based on the work they perform, e.g., if a person performs the duties of or
uses the tools of a plumber, that person must be classified as a plumber, not as a plumber's helper (the plumber
classification is used there as an example oniy).
The general contractor will be required to certify that all laborers and mechanics employed on the project (including
those employed by subcontractors) have been paid hourly rates as prescribed by the applicable laws.
Failure to comply will result in withholding full or partial payment.
Any questions concerning labor requirements should be directed to the contact(s) below. Questions should be
directed through the general contractor who is ultimately responsible for the fulfillment of these obligarions
Contact Persons:
City of Fort Worth
Contract Management Division
Sherry Johnson (817) 392-7333 or
1000 Throckmorton Street
Fort Worth, Texas 76102
Family Aquatic Center at Marine Park (December 2011) Page 5 of 54
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
CONTRACTOR INFORMATION
Date
PROJECT:
1. Contractor:
2. Address:
3. City:
4. Telephone:
5. Federal I.D. #:
6. Officers of the Corporation:
Fax:
President:
Vice President:
Secretary:
Treasurer:
7. If sole owner or partnership, list owner (s):
IiaciaUEthnic Ownership:
1 -.White American
2 - Black American
3 -NativeAmerican
4 - Hispanic American
5 - Asian/Pacific American
6 - Hasidic Jew
I certify at the time of execution, hereof, neither my company nor my corp orate officers (if incorporated) are listed
in the list of Debarred, Suspended, and Ineligible Contractors maintamed by the Department of Housing and Urban
Development (�-IUD).
Signature
Family Aquatic Center at Marine Park (December 2011) Page 6 of 54
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
SUBCONTRACTOR INFORMATION
(To be completed by contractor)
Date:
PROJECT:
1. Subcontractor:
2. Contract Amount:
3. Address:
3. City:
4. Telephone:
5. Federal I.D. #:
Fax:
RaciaUEthnic Ownership:
1 - White American
2 - Black American
3 - Native American
4 - Hispanic American
5 - Asian/Pacific American
6 - Hasidic Jew
Family Aquatic Center at Marine Park (December 2011) Page 7 of 54
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
START OF CONSTRUCTION
Date:
Project Name:
Project Location:
Project Number:
U.S. Department of Labor Wage Decision:
This is to inform you that the:
(Name of Company)
of
(Address)
(City/Town)
0
, , has started work on the above referenced project covered by our
(State) (Zip)
contract with you, as of
(Date)
Respectfully yours,
:
(Name of Company)
(Signature)
(Title)
Family Aquatic Center at Marine Park (December 2011) Page 8 of 54
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
CONSTRUCTION COMPLETE
Date:
Project Name:
Project Location:
Project Number:
U.S. Department of Labor Wage Decision:
This is to inform you that the:
(Name of Company)
of , ,
(Address) (City/Town)
, , has terminated work on the above referenced project covered by our
(State) (Zip)
contract with you, as of
(Date)
Respectfully yours,
(Name of Cornpany)
�
(Signature)
(Title)
�
�
City of Fort Worth
Community Development Block Grant (CDBG) Funded
Construction Projects
_!': i'
C�ty of Fort Wo�th
HOUSING AND ECONOMIC
_i • - - �
(Contract Management Division)
Affirmative Action Plan Under
Section 3 of The
Housing and Urban Development Act of 1968
Revised 11/2007
10
City of Fort Worth A��mative Action Plan
Table of Contents
Part I: Purpose and Background Information PaQe
1. Summary Explanation and Purpose ...........................................................................12
2. Geographical Applicability .............................................................................. ...12-13
3. Applicability to Businesses ........................................................................................13
4. Applicability to Individuals .......................................................................................13
Part II: Selecrion of Subcontractors and Vendors ......:.........................................................................14
1. Procedures .......................................................................................................14
2. Sources for Locating Section 3 Covered Businesses .................................................14
3. Required Contract Clauses .........................................................:......................... 14-15
Part III: Hiring Trainees and Employees ...............................................................................................15
1. Procedures .................................................................................................15-16
2. Good Faith Efforts .....................................................................................................16
Part IV: Compliance and Consequences ................................................................................................16
1. Monitoring of Requirements ......................................................................................16
2. Grievance Procedures ................................................................................................17
3. Sanctions .......................................................................................................... 17-18
Part V: Section 3 Attachments ..:.....................................................................................................19
1. Self-CertificationFormATTACHMENTB ...........................................................................20
2. Statement of Release ATTACHMENT D ..............................................................................21
3. Preliminary Statement Work Force Needs ATTACHMENT E ..........................................22
4. Blank Page .....:....................................... ..............23
...................................
11
Cily of Fort Worth Affinnative Action Plan
City of Fort Worth
Fiscal Services Department
Budget and Management Services Department
Affirmative Action Plan Under
Section 3 of the
__ _ - - -,- _,_ .---- ---- -.-
�- - - = `.- �'AItT � ykURPOSE AND' BAC�GROT:JND A�ORMATIUN_ i:=!
_ _ _ J
Housing and Urban Development Act of 1968
1. Summary Explanation and Purpose:
Section 3 of the Housing and Urban Development Act of 1968, as amended, ("Section 3") is binding upon
the City of Fort Worth, ("the City") and its Contractor in all projects using Community Development Block Grant
(CDBG) funds. Any Contractor receiving CDBG funds, from whatever source, is bound by Section 3.
The two primary purposes of Section 3 are (1) to encourage the use of small, local and minority businesses
as suppliers of goods and services, and (2) to encourage the use of local, minoriry and lower income persons as trainees
and employees. Section 3 requires that good faith efforts be made to achieve these purposes.
This plan sets forth the procedures that will be followed by the City of Fort Worth's Budget and Management
Services Department, Contract Management Division (°CMD") and all its CDBG Contractors to accomplish these
purposes. Specific regulations governing Section 3 are set out in 24 CFR 135.
2. Geographical Applicabilitv:
For the Community Development Block Grant Program, Section 3 is applicable to all activities taking piace
within the corporate limits of the City of Fort worth, Texas. Withiu ttus "Section 3 covered area", the CMD Target areas
are considered priority areas. The Target areas include the following 2000 census tracts/block group numbers:
1001.01/1, 1001.01/3, 1001.01/4, 1001.01/6, 1001.02/4, 1001.02/5, 1001.02/6, 1002.01/1, 1002.01/2,
1002.01/3, 1002.01/4, 1002.02/1, 1002.02/2, 1002.02/3, 1002.02/4, 1002.02/5, 1003/1, 1003/2, 1003/3, 1003/4,
1003/5, 1003/6, 1004/1, 1004/2, 1004/3, 1004/4, 1004/5, 1004/6, 1005.01/1, 1005.01/2, 1005.01/3, 1005.01/4,
1005.01/5, 1005.01/6, 1005,02/1, 1005.02/2, 1005.02/3, 1005.02/4, 1005.02/6, 1005.02.7, 1006.02/2,
1006.02/3, 1007/1, 1007/2, 1007/3, 1007/5, 1008/1, 1008/2, 1008/3, 1008/4, 1008/5, 1009/1, 1009/2, 1009/3,
1010/1, 1010/2, 1011/1, 1011/2, 1011/3, 1011/4, 1012.01/1, 1012.01/2, 1012.02/2, 1012.02/3 1012.02/4,
1012.02/5, 1012.02/6, 1013.01/4, 1013.02/2, 1013.02/3, 1013.02/4, 1014.02/1, 1014.02/2, 1014.02/3,
1014.02/4, 1014.03/2, 1014.03/3, 1014.03/4, 1014.03/5, 1014.03/6, 1014.03/7, 1015/2, 1015/3, 1015/5, 1016/1,
1016/2, 1017/1, 1017/2, 1017/3, 1018/1, 1018/2, 1020/1, 1020/2, 1021, 6, 1021/7, 1023.01/l, 1023.01/2,
1023.01/3, 1023.01/4, 1023.02/4, 1023.02/5, 1024.01/4, 1024.01/5, 1024.01/6, 1025/1, 1025/2, 1025/3, 1025/4,
1025/5, 1025/6, 1026/4, 1026/6, 1026/7, 1026/8 1027/1, 1027/2, 1028/l, 1029/1, 1029/2, 1029/3, 1030/1,
1030/2, 1030/3, 1031/1, 1032/1, 1033/1, 1033/2, 1033/3, 1033/4, 1034/1, 1034/2, 1034/3, 1035/1, 1035/2,
1035/3, 1035/4, 1035/5, 1035/6, 1035/7, 1036.01/1, 1036.01/2, 1036.01/3, 1036.01/4, 1036.02/2, 1037.01/1,
1037.01/2, 1037.01/3, 1037.01/4, 1037.02/1, 1037.02/2, 1037.02/3, 1038/1, 1038/2, 1038/3, 1038/4, 1038/5,
1038/6, 1039/1, 1039/2, 1039/3, 1040/1, 1040/2, 1040/3, 1041/1, 1041/2, 1041/3, 1041/4, 1041/5, 1041/6,
1042.02/5, 1043/2, 1043/3, 1043/4, 1043/5, 1044/1, 1044/3, 1044/4, 1044/7, 1045.01/1, 1045.01/2, 1045.01/3,
1045.01/4, 1045.01/5, 1045.01/6, 1045.01/7, 1045.01/8, 1045.02/1, 1045.02/2, 1045.02/3, 1045.03/1,
12
City of Fort Worth Aff rntative Action Plan
1045.03/2, 1046.01/2, 1046.01/3, 1046.01/4, 1046.01/5, 1046.02/1, 1046.02/2, 1046.02/3, 1046.02/4,
1046.03/1, 1046.03/2, 1046.03/3, 1046.04/1, 1046.04/2, 1046.04/3, 1046.05/3, 1046.05/5, 1047/l, 1047/2,
1047/3, 1047/4, 1047/5, 1047/6 1048.01/1, 1048.01/2, 1048.01/3, 1048.01/4, 1048.01/5, 1048.01/6, 1048.01/7,
1048.01/8, 1048.02/1, 1048.02/2, 1048.02/3, 1048.02/4, 1050.01/1, 1050.01/2, 1050.01/3, 1050.01/4,
1050.01/5, 1050.05/2, 1050.06/1, 1050.06/2, 1051/5, 1052.01/1, 1052.01/2, 1052.01/4, 1052.02/1, 1052.02/2,
1053/1, 1055:02/l, 1055.02/8, 1055.05/1, 1056/2, 1057.03/3, 1058/1, 1058/2, 1058/5, 1059/2, 1059/3, 1059/5,
1060.01/1, 1060.02/l, 1060.04/2, 1061.01/2, 1061.02/, 1061.02/2, 1062.01/1, 1062.01/2, 1062.01/3, 1062.01/4,
1062.02/1, 1062.02/2, 1062.02/3, 1062.02/4, 1063/2, 1063/3, 1064/1, 1064/2, 1065.03/3, 1065.06/2, 1065/06/3,
1065.06/4, 1065.08/2, 1065.08/�, 1065.09/1, 1065.10/4, 1065/11/4, 1065.12/2, 1066/1, 1105/4, 1110.07/4,
1113/O1/2, 1135.06/7,1141.01/4
Applicability to Businesses:
Businesses that are at least fifty-one percent (51%) owned by socially or economically disadvantaged persons
who reside in the Section 3 covered areas, and which qualify, as small businesses under the standards of the Small
Business Administration are eligible for the benefits of Section 3.
4. Applicability to Individuals:
Any person who resides in the Section 3 covered area and whose family income does not exceed eighty percent
(80%) of the median income in the Dallas-Fort Worth Standard Metropolitan Statistical Area may be designated as a
"lower income person". Section 3 is intended to benefit such individuals through employment and training opportunities.
13
City of Fort Worth A��mative Action Plan
- - -- -- --. __ ,----
< -------- ,
; _ _ _ _ _ _, _PART II_SELECTION OF. CONTACTOI,ZS AND VENDORS_ _ _ _ _ _,_;j
Procedures
All contractors will provide a completed copy of Attachment D, "Statement of Release", prior to signing any
contract for a project using CDBG monies. Each Contractor selected will be bound by Section 3 requuements, including
the submission of all relevant documentation required by this plan. Contractors will be held responsible for the Section 3
activities of their subcontractors.
When competitive bids are solicited, the contractor will notify bidders of Section 3 requirements. Each
contractor will make a good faith effort to issue invitations to bid to Section 3 covered businesses and to use local and
minority media to advertise contractual opportunities.
Contracts, which are typically let on a negotiated basis in non-Section 3 covered areas, will be let on a
negotiated basis in Section 3 covered areas, if feasible.
2. Sources for Locating Section 3 Covered Businesses:
The Ciry operates the Minority/ Women Business Enterprise (M/WBE) o�ce to assist in the location and
certification of Section 3 covered businesses and to inform such businesses of bidding opportunities for City contracts.
Lists of Section 3 covered businesses area also available from the Fort Worth Regional IiUD Office, the Small
Business Administration and other similar agencies. Any business wishing to qualify as a Section 3 covered
business will be given the opporiunity to file a Self-Certification form (Attachment B) with the MlWBE o�ce
and all CDBG contractors are encouraged to seek the assistance of that office, should any question arise. CMD
will notify the Minority/ Women Business Enterprise office of its pending contractual activities so that Section
3 covered businesses may be notiiied.
Rec�uir�d Cantg•act Ciauses:
CF� 24 L 135.38
In the event a CDBG Contractor wishes to subcontract anv portion of a project utilizinQ CDBG monies the
written prior approval of CMD must be obtained. Furthermore, the following paragraphs must be included in each
subcontract:
14
City of Fort Worth A���mative Action Plan
A. The work to be performed under this Contract is subject to the requirements of section 3 of the Housing
and Urban Development Act of 1968, as amended 12 U.S.C. 1701u (section 3). The purpose of section 3 is
to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of IIUD assistance for housing.
B. The parties of this Contract agree to comply with HUU's regulations in 24 CFR part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would prevent them from complying with the part
135 regulations.
C. The Contractor agrees to send to each labor organization or representative of workers with which the
', contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the section preference, shall
set forth minimum number and job titles subject to hire, availability of apprenticeship and trauung positions,
the qualifications for each; and the anticipated date the work shall begin.
D, The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this section 3 clause, upon a fmding that the subcontractor is m violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24
CFR part 135.
E. The Contractor will certify that any vacant employment positions, including the training positions, that
are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with IILID's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in conneciion with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e)
also applies to the work to be performed under ttus contract. Section 7(b) requires that to the greatest extent
feasible (I) preference and opporiunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-
owned Economic Enterprises. Parties to this contract that are subj ect to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).
`_ _ �,�� ���`�P�.Z'�r� $��G�TI21�Il�I�+.�S A1�7��,�+��1VIP�.fln'�'���` �`�����' _,���
Procedures:
All contractors will provide a completed copy of Attachment E, "Prelurunary Staternent-Work Force Needs",
prior to signing any contract for a project using CDBG monies. The Contractor will specify the maximum number of
trainees which can reasonably be used on the CDBG project, unless the occupational category is subject to a ratio set by
the Secretary of Labor. This information will be reviewed by CMD to ascertain the current and projected use of Section
3 covered individuals.
15
City of Fort Worth Affrmative Action Plan
Should the Contractor wish to hire trainees for a CDBG assisted project, lower income individuals will be used
to the greatest extent feasible in the various training categories. All vacant trainee positions should be filled with lower
income individuals, if at all possible. Only after a good faith effort to place lower income individuals in vacant trainee
positions has been made will the Contractor use non-Section 3 covered individuals as trainees.
Should the Contractor need to hire already trained employees, similar preference will be given to qualified
lower income individuals who apply for those positions.
For each occupational category in which vacancies exist, the contractor will set a realistic goal for the number
of lower income individuals to be hired. The Contractor will make a�ood faith effort to see that such goals are met.
To the greatest extent feasible, the Contractor will use lower income individuals as CDBG project employees.
Any Contractor that fills vacant employment positions immediately prior to starting a CDBG project will be required to
show that its actions were not an attempt to circumvent Section 3 requirements.
When a lower income individual applies, either on their own initiative or on referral from any source, the
Contractor will review his/her qualifications and lure the individual if his/her qualifications are satisfactory and the
Contractor has an openiug. If the Contractor does not have an opening, the individual will be listed for the first available
opening.
If applicant qualifications are equal, lower income persons will be given preference in hiring. An exception will
be made when a Section 3 covered project meets the requirements of Executive Order 11246. In this case, when
qualifications are equal, minority persons will be given first preference in hiring. The City will require applicants
claiming to be lower income to state their family income at the time of application.
Good Faith Efforts:
A Contractor may show good faith efforts to hire lower income individuals by:
(1) Coufinning with the Department of Housing and Urban Development's Regional Administrator, Area
O�ce Director, or FHA Insuring O�ce Director, the geographical Section 3 covered area for the
Contractor's specific project; and
(2) Using local media, project area community organizations, local public and private institutions, and/or
signs placed at the proposed project site to recruit lower income applicants for training and
'-.� - - - =`.= - �'AXZT�^ COJ.VIPL�NG� AND_CONSEQITE�TCE� _x ; �: ��� ;
employment positions with the project.
Monitoring of Requirements:
CNID will monitor the efforts of its contractors-to achieve the purpose of Section 3 in two primary ways. First,
the documentation required of CDBG Contractors will be examined to determine if good faith efforts are being made to
comply with Section 3 requirements. Any obvious omissions or improper actions will be questioned and the manner in
which compliance can be documented will be determined by CMD. Next, CNID will conduct on site reviews to assure
that any estimates or projected figures for training and employment have been achieved to the best of the Contractor's
ability. If a high percentage of the employees of, and subcontractors for, a program meet Section 3 standard, the good
faith efforts of the Contractor will be assumed.
If compliance problems are discovered CMD will encourage the Contractor to resolve them. If this informal persuasion
should fail CMD may request that sanctions (as specified below) be applied.
16
City of Fort Worth Affi�mative Action Plan
Grievance Procedures:
Any person or business meeting the definitional standards of Section 3 may personally, or by representative,
pursue the grievance procedures outlined here.
Informal complaints should be directed to CMD for investigation of its Contractor's compliance, or to the
Contractor for investigation of the subcontractor's compliance. CMD Contractors will notify CMD of all informal
complaints they receive. If the complaint is found valid, CMD will make an effort to secure Section 3 compliance
through conferences, persuasion and/or mediation. A written notice specifying the exact nature of the non-compliance
will be issued to the non-complying party. The notice will recommend specific action to correct the non-compliance and
specify a time limit for doing so. Continued non-compliance may result in the application of the sanctions listed below.
If the complainant is not satisfied with the informal complaint procedure, or its outcome, a formal grievance
may be filed.
The grievance should be in writing and include: (1) the name and address of the grievant; (2) the name and
address of the grievant business, if applicable; (2) the name and address of the City, Contractor, or Subcontractor
(hereafter called "respondent"); (4) a description of the acts or omissions giving rise to the grievance; and (5) the
corrective action sought.
The grievance should be signed by the grievant and mailed to Program Operations Division, Departrnent of
Housing and Urban Development, Fort Worth Regional Office, PO Box 2905, Fort Worth, Texas, 76113-2905; or
Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development, Washington, DC 20410.
A grievance must be filed no later than ninety (90) days from the date of the action (or omission) upon which it
is based. The time for filing may be extended by the Secretary of Housing and Urban Development, if good cause is
shown.
Upon receipt of a grievance by the Secretary, a copy of it will be furnished to the respondent. The Secretary
will conduct an investigation and will give written notice to both the grievant and respondent as to the decision reached.
The grievance may be dismissed or sanctions may be applied, as appropriate.
Sanctions:
Failure or refusal to comply with or give satisfactory assurances of future compliance with the requirements of
Section 3 shall be the proper basis for applying sanctions. Any or all of the following actions may be taken, as
appropriate: cancellation, termination, or suspension in whole or in part of the contract or agreement; determination of
ineligibility or debarment from any further assistance or contracts under this program until satisfactory assurance of
future compliance has been received; referral to the Department of Justice for appropriate legal proceedings.
17
City of Fort Worth Affi�mative Action Plan
Minority/ VVomen Business Enterprise
It is the policy of the City of Fort Worth to involve Minority/ Women Business Enterprises in all phases of its
procurement practices and to provide them equal opportunities to compete for contracts for construction, professional
services, purchases of equipment and supplies, and provision of other services required by the City.
The City operates the Minority/ Women Business Enterprise (M/WBE) office to assist in the location and certification of
Section 3 covered businesses. A list of M/WBE businesses that have been certified by the City of Fort Worth will be
provided to you upon request. If you need to secure services or supplies, please contact the City's M/WBE office:
CITY OF FORT WORTH
M/WBE OFFICE
1000 THROCKMORTON
FORT WORTH, TX 76102
(817) 392-6104
18
City of Fort Worth Aff rmative Action Plan
SECTION 3 ATTACHMENTS
Please Complete and Return Within Seven (7) Days
i 19
Cily of Fort Worth Affr•mative Action Plan
ATTACHMENT B
SELF-CERTIFICATION FORM
SOCIALLY OR ECONOMICALLY DISADVANTAGED
Business/Agency Name:
Address:
Zip Code:
I am a member of the following minority group: (Circle One)
Black American Indian/ Asian/ Spanish- Other (Specify)
Alaskan Native Pacific Islander Surnamed
I own at least 51 percent of the above business:
Date: Signature:
Title:
SELF-CERTIFICATION FORM
NON-PROFIT ORGANIZATION
This organization is a non-profit organization.
Business/Agency Name:
Address:
Zip Code:
Date: Signature:
Title:
20
City of Fort Worth Aff rmative Action Plan
ATTACHMENT D
Statement of Release
I will not subcontract any work in connection with this project unless I first receive the prior written approval of the
Housing and Economic Development , Contract Management Division of the City of Fort Worth.
Business/Agency Name:
Type of Business/Organization:
Address:
Signature:
Title:
(Street)
(City) (State) (Zip)
21
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U
STATEMENT OF POLICY ON
EQUAL EMPLOYMENT OPPORTUNITY
It will be the policy of this firm to not discriminate against any applicant for employment, or any employee, because
of race, creed, color, age, sex, or natural origin. This firm will insure that this policy is continually enforced with
regard to employment, promotion, upgrading, demotion, transfer, recruitment, and recruitment advertising, lay off
and termination, compensation, training, and working conditions. We will make it understood by all with whom we
deal, and in all our employment opportunity announcements that the foregoing is our policy. All applicants and
employees will be judged solely on the basis of their skill, devotion loyalty, reliability and integrity.
Company Name
Signature
�►3!
EFFECTIVE APRIL 1 1990
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT REOUIREMENTS
Contractor agrees to comply with the requirements of the Housing and Urban Development Act of 1968, as
amended, and with the regulations promulgated thereunder. Specifically, Contractor shall comply with the
following Acts and Orders and their regulations:
1. EXECUTIVE ORDER 11246 EQUAL OPPORTLTNITY CLAUSE; SECTION 202
During the performance of this Contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants
are employed and that employees are treated during employment without regard to their race, color,
religion, sex or national origin. Such action shall include, but not be limited to, the following: employment;
upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex or national origin.
c. The Contractor will send to each labor union or representative of workers, with which it has a collective
bargaining agreement or other contract or understanding, a notice advising the said labor union or workers'
representatives of the Contractor's commitment under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and with
the rules, regulations and relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, aud will
permit access to its books, records and accounts by the Department of Housing and Urban Development
("the Department") and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations and orders.
£ In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with
any of the said rules, regulations or orders, this Contract may be canceled, terminated or suspended in
whole or in part and the Contractor may be declared ineligible for further government contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule,
i regulation or order of the Secretary of Labor, or as otherwise provided by law.
g. The Contractor wili include the sentence immediately preceding Paragraph a ancI the provisions of
Paragraphs a through g in every subcontract or purchase order unless exempted by rules, regulations or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the Department may direct as a means of
enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event
the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a
result of such direction by the Department, the Contractor may request the United States to enter into such
litigation to protect the interest of the United States.
25
h. The Contractor shall submit a certification and shall require each of its subcontractors to submit a
certification that all facilities provided for employees of Contractor or any subcontractor shall be fuily
integrated, and Contractor shall not pernut its employees to perform their services in any locations under its
control where segregated facilities are maintained.
The Contractor and each subcontractor shall permit access during normal business hours to its premises for
the purpose of conducting on-site compliance reviews and for inspecting and copying such books, records,
accounts and other material as may be pertinent to compliance with the Order and the rules and regulations
promulgated pursuant thereto by the City. Information obtained in this manner shall be used only in
connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as
amended) and in furtherance of the purposes of the Order and the Act.
2. AFFIRMATNE ACTION ACTS
a. In performance of all contracts, the Contractor will comply with the Affirmative Action Guidelines of
Executive Order 11246 and the implementing regulations and documents thereof.
b. In performance of all contracts in the amount of $10,000 or more: Contractor will comply with Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, and the implementing
regulations and documents and shall have on file a written affumative action policy, which has the stated
work force goals of 18.2% minority persons and 6.9% females, and must follow the hiring practices
specified in Subsection C, below. Additionally, Contractor agrees to the following provisions:
(1) The work to be performed under tlus Contract is on a project assisted under a program providing
direct Federal financial assistance from the Department of Housing and Urban Development and is
subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities
for training and employment are given to lower income residents of the project area and contracts
for work in connection with the project are awarded to business concerns which are located in or
owned in substantial part by persons residing in the area of the project.
(2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR
135 and all applicable rules and orders of the Department issued thereunder prior to the execution
of this Contract. The parties to this contract certify and agree that they are under no contractual or
other disability which would prevent them from complying with these requirements.
(3) The Contractor will send to each labor organization or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, if any, a notice advising
the said labor organization or workers' representative of his commitrnents under this Section 3
clause and shall post copies of the notice in conspicuous places available to employees and
applicants for employment or training.
(4) The Contractor will include this Section 3 clause in every subcontract for work in connection with
the project and will, at the direction of the applicant for or recipient of Federal financial assistance,
take appropriate action pursuant to the subcontract upon a fmding that the subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban Development as set forth in
24 CFR 135. The Contractor will not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not
let any subcontract unless the subcontractor has %rst .provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
(5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder prior to the execution of the
Contract shall be a condition of the Federal financial assistance provided to the project, binding
26
upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors and assigns, to those sanctions specified by the grant, loan agreement or contract
through which Federal assistance is provided and to such sanctions as are specified by 24 CFR
135.
c. In performance of all contracts in the amount of $50,000 or more, and where the Contractor employs more
than twenty-fve non-construction employees, the Contractor must promulgate a specific affirmative action
plan, and must take specific affirmative action to ensure equal employment opportunities. Contractor shall
implement affirmative action steps at least as extensive as the following:
(1) Ensure and maintain a working environment free of harassment, intimidation and coercion at all
sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor
shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel
are aware of and are carrying out the Contractor's obligations to maintain such a working
environment, with specific attention to minority and female individuals working at such sites or in
such facilities. The Contractor, where possible, will assign two or more women to each
construction project.
(2) Establish and maintain a current list of minority and female recruitment sources and provide
written notification to minority and female recruitment sources and to community organizations
when the Contractor or its unions have employment opportunities available, and maintain a record
of the organizations' responses.
(3) Maintain a current file of the names, addresses and telephone numbers of each minority and
female off-street applicant and minority or female referral from a union, a recnzitment source o.r
community organization and of what action was taken with respect to each such individual. If
such individual was sent to the union hiring hall for referral and was not referred back to the
Contractor by the union or, if referred, not employed by the Contractor, this shall be documented
in the file with the reason therefore, along ��srith ���hatever additional actions the contractor may
have taken.
(4) Provide immediate written notification to the City when the union or unions with which the
Contractor has a collective bargaining agreement have not refened to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor has other information that the
union referral process has impeded the Contractor's efforts to meet its obligations.
(5) Develop on-the job training opporhznities and/or participate in iraining programs for the areas
which expressly include minorities and women, including upgrading programs and
apprenticeships and trainee programs relevant to the Contractor's employment needs, especially
those programs funded or approved by the Department of Labor. The Conlractor shall provide
notice of these programs to the sources compiled under subsection (2) above.
(6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obliga-
tions; by including it in any poiicy manuat and collective bargaining agreement; by publicizing it
in the company newspaper or annual report; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and by posting the
company EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
(7) Review, at least annually, the company's EEO policy and affirmative action obligations under
these spec�cations with all employees having any responsibility for hiring, assignment, lay-off,
termination or other employment decision, including specific review of these items with on-site
supervisory personnel, such as superintendents and general foremen, prior to the initiation of
27
construction work at any job site. A written record shall be made and maintained identifying the
name and place of these meetings, persons attending, subject matter discussed and disposition of
the subject matter.
(8) Disseminate the Contractor's EEO policy externally by including highlights of it in any advertising
in the news media, specifically including minority and female news media, and providing written
notification to, and discussing the Contractor's EEO policy with, other contractors and
subcontractors with whom the Contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students, and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and employment
needs. Not later than one month prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, the Contractor shall send written
notification to organizations such as the above, describing the openings, screening procedures and
tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after-school, sumtner and vacation employment to minority and
female youths, both on the site and in other area of the Contractor's work force.
(11) Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR, Part 60-3.
(12) Conduct, at least annually, an inventory and evaluation of all uunority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through
appropriate training, such opportunities:
(13) Ensure that seniority practices, job classifications, work assignments and other personnel practices
do not have a discriminatory effect by continually monitoring all personnel and employment-
related activities to ensure that the EEO policy and the Contractor's obligations under these
specifications are being carried out.
(14) Ensure that all facilities and company activities are non-segregated except as separaEe or single-
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
28
(15) Document and maintain a record of all solicitations for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisars' adherence to and performance under the
Contractor's EEO policy and affirmative action obligations.
d. The Contractor shall designate a responsible official to monitor all employment-related activities to ensure
that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may
be required by the City and to keep records of the same. Records for each employee shall at least include:
the employee's name; address; telephone number; construction trade; union affiliation, if any; employee
identification number where assigned; social security number; race; sex; status; dates of changes in status;
hours worked per week in the indicated trade; rate of pay; and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form; however, to the degree that
existing records satisfy this requirement, Contractor shall not be required to maintain separate records.
3. COPELAND ANTI-KICKBACK ACT
In any contract involving construction or repair, Contractor agrees to comply, and shall require its subcontractors to
comply, with the provisions of the Copeland "Anti-Kickback Act° (18 U.S.C. 874), as supplemented in Department
of Labor regulations (29 CFR Part 3). This Act provides that each Contractor or subgrantee shall be prohibited from
inducing, by any means, any person employed in the construction, completion or repair of public work to give up
any part of the compensation to which he or she is otherwise entitled; and, if found guilty of doing so, shall be fined
not more than $5,000 or imprisoned not more than five (5) years, or both.
4. DAVIS-BACON ACT
In any contract for construction in excess of $2,000: Contractor agrees to comply, and shall require its
subcontractors to comply, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to a-7). This Act requires
contractors to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage
determination made by the Secretary of Labor and to pay wages not less often than once a week. Specifically,
Contractor agrees to comply with the following Department of Labor regulations (29 CFR Part 5):
a. Mitumum Wages
All laborers and mechanics employed or working upon the site of the work performed pursuant to this
' contract will be paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act), the full amount of wages and bonafide fringe benefits
(or cash equivalents thereo fl due at the time of payment, computed at rates not less than those contained in
the wage determination of said Secretary of Labor (which is attached hereto and made a part hereo fl,
regardless of any contractual relationship which may be alleged to exist between the Contractor and such
laborers and mechanics. Contributions made or costs reasonably anticipated for bonafide fringe benefits
' under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions of 1 aragraph d of this clause; also; regular
contributions made or costs incurred for more than a weekly period under plans, funds or program which
occur the particular weekly period, are deemed to be constructively made or incurred during such weekly
period. Such laborers and mechanics shall be paid the appropriate wage rate and fi-inge benefits on the
wage determination for the classifications of work actually performed without regard to skill, except as
provided in the clause entitled "Apprentices and Trainees." Laborers ar mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the time
actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional classifi-
; cations and wage rates conformed under Paragraph b of tlus clause) and the Davis-Bacon poster shall be
29
posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and
accessible place where they can easily be seen by the workers.
b. Employment of Laborers or Mechanics not listed in Aforesaid Wage Deternunation Decision
(1) The City shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under this Contract shall be classified in conformance
with the wage deternunation. The City shall approve an additional classification and wage rate
and fringe benefits therefore only when the following criteria have been met:
(a) The work to be performed by the classification requested is not performed by a
classiiication in the wage deternunation;
(b) The classification is utilized in the area by the construction industry; and
(c) The proposed wage rate, including any bonafide fi-inge benefits, bears a reasonable
relationship to the wage rates contained in the wage detennination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification or their
representatives and the City agree on the classification and wage rate, including the amount
designated for fringe benefits, where appropriate, a report of the action taken shall be sent by the
City to the Administrator of the Wage and Hour Division, Employment Standards Administration,
United States Department of Labor. The Administrator, or an authorized representative, will
approve, modify or disapprove every additional classification action within 30 days or receipt and
so advise the City or will notify the City within the 30-day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, and the
City do not agree on the proposed classification and wage rate, including the amount designated
for fiinge benefits, where appropriate, the City shall refer the questions, including the reviews of
all interested parties and the recommendations of the City, to the Administrator for determination.
The Administrator of the Wage and Hour Divisions, or an authorized representative, will issue a
determination within 30 days of receipt and will so advise the City or will notify the City within
the 30-day period that additional time is necessary.
(4) The wage rates deternuned pursuant to the above provisions shall be paid to all workers
performing work in the classification under this Contract from the fust day on which work is
performed in the classification.
Fringe Benefits Not Expressed as Hourly Wage Rates
Whenever the minimum wage rate prescribed in this Contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated
in the wage determination or shall pay either bonafide fringe benefits or an hourly cash equivalent thereof.
d. Anticipated Costs of Fringe Benefits
If the Contractor does not make payments to a trustee or third person, he may consider as part of the wages
of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits
under a plan or program of a type expressly listed in the wage determination decision of the Secretary of
Labor which is a part of this Contract, provided, however, the Secretary of Labor has found, upon the
written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program. A copy of any findings made by the Secretary of Labor with respect
to fringe benefits being provided by the Contractor must be submitted to the City with the first payroll filed
by the Contractor subsequent to receipt of the findings.
e. Undeipayments of Wages or Salaries
KI1
The City shall, upon its own action or upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the Contractor under this Contract or any
other federal contract with the same prime Contractor, or any other federally-assisted contract subject to
Davis-Bacon prevailing wage requirements which is held by the same prime Contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees and helpers employed by the Contractor or any subcontractor, the full amount of
wages required by this Contract. In the event of Contractor's failure to properly pay any laborer or
mechanic, including any apprentice, trainee or helper employed or working on the site of the work, the City
may, after written notice to the prime Contractor, take such action as may be necessary to cause a
suspension of any further payment, advance or guarantee of funds until such violations have ceased. The
amount so withheld may be disbursed by the City, for and on account of the Contractor or the
subcontractor, to their respective laborers or mechanics to whom the same is due or on their behalf to plans,
funds or programs for any rype of fringe benefit prescribed in applicable wage deternunation.
£ Payrolls and Basic Payroll Records of Contractor and Subcontractors
(1) Payrolls and basic records relating to the work performed under the terms of this Contract shall be
maintained by the Contractor during the course of the work and preserved for a period of three
years thereafter for all laborers and mechanics working at the site of the work. Such records shall
contain the name, address and social security number of each such worker, his or her correct
classification, hourly rate of wages paid (including rates of contributions or costs anticipated for
bonafide fringe benefits or cash equivalents thereo fl, daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found that the
wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing
benefits under a plan or program described by the Davis-Bacon Act, the Contractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, that the plan or program has been communicated in writing to
the laborers or mechanics affected, and the cost anticipated or the actual costs incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprenticeships and trainees, and the ratios and wage rates
prescribed in the applicable program.
(2) (a) The Contractor shall submit weekly a copy of all payrolls to the City if the City
is a party to the Contract, but if the City is not such a parly, the Contractor will submit the
payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the
City. The payroll submitted shall set out accurately and completely all of the information
required to be maintained under Paragraph (1) of this Section. The information shall be
submitted in a form approved by the City. The Contractor is responsible for the
submission or copies of payrolls by all subcontractors.
(b) Each payroll submitted shall be accompanied by a"statement of compliance",
signed by the Contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the Contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be
maintained under Paragraph (1) of this Section and that such information is
correct and complete;
(ii) That each laborer or mechanic employed on this Contract during the payroll
period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions.
31
(iii) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalent for the classification of work per-
formed, as specified in the applicable wage determination incorporated into this
Contract.
(c) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Sec. 1001 of Title XVIII and Sec.
231 of Title XXXI of the United States Code.
(3) The Contractor or subcontractor shall make the recards required under Paragraph (1) of this
section available for inspection, copying, or transcription by the City or the Department of Labor
or their authorized representatives. The Contractor and subcontractors shall permit such
representatives to interview employees during working hours on the job. If the Contractor or
subcontractor fails to submit the required records or to make them available, the City may, after
written notice to the Contractor, take such action as may be necessary to cause the suspension of
any fiuther payment, advance or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
g. Employment of Apprentices and Trainees
(1) Apprentices will be permitted to work at less than the predetennined rate for the work fhey
performed when they are employed pursuant to and individually registered in a bonafide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency
recognized by the bureau, or if a person is employed in his or her first 90 days of probationary
emplo}7nent as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Contractor as to the entire work
force under the registered program. Any employee listed on a payroll at an apprenticeship wage
rate, who is not registered or otherwise employed as stated above shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice perfoinung work on the job site in excess of the ratio pernutted under
the registered program shall, be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a Contractor is performing construction on
a project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at no less
than the rate specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeyrnan hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
. program. If the apprenticeship program does not specify fringe beneiits, apprentices must be paid
the full amount of fringe benefits listed on tlie wage determination for the applicable classification.
If the Administrator of the Wage and Hour Division determines that a different practice prevails
for the applicable apprentice classification, fiinges shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Trainuig, or a state apprenticeship
agency recognized by the Bureau, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
32
(2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be pernutted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification, by the U.S. Department of Labor, Employment and Tra'vung Administration. The
ratio of trainees to journeymen on the job site shall not be greater than pernutted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees
shall be paid fi-inge benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage deternunation unless the administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be
' paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination of the work actually performed. In the event the Employment and Trauung
Administration withdraws approval of a training program, the Contractor will no longer be
pernutted to utilize trainees at less than the applicable predetermined rate for work performed until
an acceptable program is approved.
(3) Equal Emplovment Opportunitv. The utilization of apprentices, trainees and joumeymen under
this part shall be in conformity. with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
h. Posting Wage Determination Decisions and Authorized Wage Deductions
The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the
applicable wage detemunation decisions of said Secretary of Labor with respect to the various
classifications of laborers and mechanics employed and to be employed upon the work covered by this
Contract, and a statement showing all deductions, if any, to be made from wages actually earned by persons
so employed or to be employed in such classifications, in accordance with the provisions of this Contract,
shall be posted at appropriate conspicuous points at the site of work.
i. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to the classification of laborers and mechanics employed
upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the City
for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of
Labor, United States Department of Labor, whose decision shall be final with respect thereto.
5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contractor will comply with all provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
332), as supplemented by Department of Labor Regulations (29 CFR, Part 5). Specifically, Contractor will comply
with the following standards:
a. Overtime Compensation
No contractor or subcontractor contracting for any part of the Contract work which may require or involve
the employment of laborers or mechanics, including watchmen and guards, shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40
�c7c]
hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times his or her basic rate of pay for all hours worked in excess of 40 hours in such
workweek.
Violation: Liability for Unpaid Wages: Liquidated Damages
In the event of any violation of the clause set forth in Paragraph a of this section, the Contractor and any
subcontractor responsible therefore shall be liable to any affected employee for his or her unpaid wages. In
addition, such Contractor arid subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic in the sum
of $10 for each calendar day on which such employee was required or pernutted to work in excess of the
standard worlcweek of 40 hours without payment of the overtime wages required by the clause set forth in
Paragraph a of this section.
Withholding for Unpaid Wages and Liquidated Damages
The City shall, upon its own action or upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from any monies payable on account of work
performed by the Contractor or subcontractor under any contract or any other Federal contract with the
same Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime Coniractor, such sums as may administratively be
determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages
and liquidated damages as provided in Paragraph b of this section.
d. Subcontracts
The Contractor shall insert in all subcontracts the clauses set forth in Paragraphs a, b, and c of this Section
and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which
they may enter into, together with a clause requiring this insertion in any further subcontracts that may in
turn be made. The prime Coniractor shall be responsible for compliance by any subcontractor or lov��er tier
subcontractor with the provisions set forth in this section.
6. CHILD LABOR ACT
Contractor will comply with the Child Labor provisions of the Fair Labor Standards Act, 29 U.S.C. 212-319 and that
Act's implementing regulations, found at 29 CFR 570. This Act prohibits the paid or unpaid employment of
individuals under the age of 18 years on any consh-uction project.
7. MISCELLANEOUS PROVISIONS
a. Complaints, Proceedings, or Testimony by Employees
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are
applicable shall be discharged or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards
applicable under this Contract to his employer.
b. Questions Concerning Certain Federal Statutes and Regulations
All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid
Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon
Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to
said Acts, or (e) the labor standards provisions of any other pertinent Federal statue, shall be referred,
34
through the City and the Secretary of Housing and Urban Development, to the Secretary of Labor, United
States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be
authoritative and may be relied upon for the purposes of this Contract.
c. Provisions to be Included in Subcontracts
The Contractor or subcontractor shall insert in any Subcontract the above-specified clauses entitled "3.
COPELAND ANTI-KICKBACK ACT," "4. DAVIS-BACON ACT," "5. CONTR.ACT WORK HOURS
AND SAFETY STANDARDS ACT," "6. CHILD LABOR ACT," "7. MISCELLANEOUS
PROVISIONS" and such other clauses as the City may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all the
contract clauses cited above.
d. Breach of Foregoing Federal Labor Standards Provisions
In addition to the causes for termination of this Contract, as herein elsewhere set forth, the City reserves the
right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the
work covered by this Contract shall breach any of the foregoing Federal Labor Standards provisions. A
breach of these Federal Labor Standards provisions my also be grounds for debarment, as provided by the
applicable regulations issued by the Secretary of Labor, United States Department of Labor.
e. Employment Practices
The Contractor shall (1), to the greatest extent practicable, follow hiring and employment practices for
work on the project which will provide new job opporiunities for the unemployed and underemployed, and
(2) insert or cause to be inserted this provision in each construction subcontract.
Contract Termination; Debarment
A breach of any of the Acts or regulations specified in Paragraph c, above, may be grounds for termination
of this Contract and for debarment as a Contractor and a subcontractor, as provided in 29 CFR 5.12.
g. Disputes Concerning Labor Standards
Disputes arising out of the Labor Standards provisions of this Contract shall not be subject to the General
Disputes Clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR, Parts 5, 6 and 7. Disputes, within the meaning of this Clause,
include disputes between the Contractor or any of its subcontractors; and the City, the U.S. Department of
Labor, their employees or represeritatives.
h. Certification of Eligibility
(1) By entering into this Contract, the Contractor certifies that neither it nor any person or firm who
has an interest in the Contractor's firm is a person or firm ineligible to be awarded government
contracts by virtue of Sections 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(2) No part of this Contract shall be subcoritracted to any person or fu-m ineligible for award of a
government contract by virtue of the above-mentioned sections.
35
8. CLEAN AIR AND WATER ACT
a. Contractor shall comply with all requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C.
1857, et seq.). and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.)
relating to inspection, monitoring, entry, reports and information, as well as other requirements speciiied in
Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and
guidelines issued thereunder before the award of this Contract.
No portion of the work required by this Contract will be performed in a facility listed on the EPA List of
Violating Facilities on the date when this Contract was awarded unless and until the EPA eliminates the
name of such facility or facilities from such listing.
c. Contractor shall use its best efforts to comply with clean air standards and clean water standards at all
facilities in which the Contract is being performed.
d. Contractor shall insert the substance of the provisions of this clause into any non-exempt subcontract,
including this Paragraph.
9. LEAD BASED PAINT HAZARD
In all contracts for construction or rehabilitation of residential structures, the Contractor and all subcontractors shall
comply with the Lead-Based Paint regulations found in 24 CFR 35 and shall comply with the provisions for the
elimination of lead-based paint hazards under Sub-Part B thereof.
10. RESPONSIBILITY OF CONTRACTOR REGARDING REPORTS
Contractor will comply with the requirements of the City of Fort Worth's Fiscal Department, Intergovernmental
Affairs and Grants Management regarding the compiling and reporting of statistical information required by the
Federal regulations outlined above. Specifically, Contractor agrees to submit all completed reports according to the
instructions and requirements of the Fort Worth Fiscal Services DepartmendIntergovernmental Affairs and Grants
Management, and Contractor understands the failure to do so may be cause for termination of this contract.
36
CERTIFICATION AND ACKNOWLEDGMENT
I certify that I have read and understand the information regarding my obligations as a Contractor on a project
funded by the United States Department of Housing and Urban Development, which is contained in the preceding
Contract provisions. I understand that, should I have any questions regarding my obligations, I will as soon as
possible contact the Fort Worth Housing and Economic Development , Contract Management Division staff inember
who is assigned to monitor this Contract.
Contractor:
By:
Title:
�7
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTLTNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 CFR 12319-25). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as
an initial part of the bid or negotiations of the Contract whether they have participated in any previous contract or
subcontract subject to the Equal Opporiunity Clause; and, if sq whether they have filed all compliance reports due
under applicable instructions. �
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,
such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No
contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name:
Address and Zip Code:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opporlunity Clause.
Yes � No ❑(If answer is yes, identify the most recent contract.)
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes 0 No ❑
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Yes � No ❑
4. If answer to item 3 is "No," please explain in detail on reverse side of this certification.
Certification - The information above is true and complete to the best of my knowledge and belief.
Name and Title of Signer (Please Type)
Signature
Date
38
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the raking of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and coopera-
tive agreements) and that all subrecipients shall certify and disclose accordingly.
Signature
Title
Date
39
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, , the duly authorized and acting legal representative of
, do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am
of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives have full power and authority to execute said
agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and
legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions
thereof.
S ignature:
Date:
40
U. S. D�PARTMENT OF LABOR
WAGE AND HOUR AND PUBLIC CONTRACTS DIVISIONS
INSTRUCTIONS FOR COMPLETING PAYROLL FORM WH-347
General: The use of WH-347, payroll form, is not mandatory. This form has been made available for the
convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type
contracts and subcontracts to submit weekly payrolls. Properly filled out, this from will satisfy the requirements of
Regulations, Parts 3 and 5(29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the
Davis-Bacon and related Acts.
This form meets needs resulting from the amendment of the Davis-Bacon Act to include fi-inge benefits provisions.
Under this amended law, the contractor is required to pay not less than fringe benefits as predeternuned by the
Department of Labor, in addition to payrnent of not less than the predetermined rates. The contractor's obligation to
pay fringe benefits may be met either by payment of the fringes to the various plans, funds, or programs or by
making these payments to the employees as cash in lieu of fringes.
This payroll provides for the contractor's showing on the face of the payroll all monies paid to the employees,
whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the statement of
compliance on the rear of the payroll that he is paying to others fringes required by the contract and not paid as cash
in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow:
Contractor or Subcontractor: Fill in your fu-m's name and check appropriate box.
Address: Fill in your firm's address.
Column 1- Name, Address, and Social Security Number of Emplovee: The employee's full name must be shown on
each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first week
in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless
his address changes. Although not required by Regulations, Parts 3 and 5, space is available in the name and
address section so that Social Security numbers may be listed.
Column 2- Withholdin� Exemptions: This column is merely inserted for the employer's convenience and is not a
requirement of Regulations, Parts 3 and 5.
Column 3- Work Classifications: List classification descriptive of work actually performed by employees. Consult
; classifications and ininiinum wage schedule set forth in contract specifications. If additional classifications are
deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in
more than one classification provided accurate breakdown of hours so worked is maintained and shown on
submitted payroll by use of separate line entries.
41
Column 4- Hours Worked: On all contracts subject to the Contract VJork Hours Standards Act enter as overtime
hours all hours worked in excess of 40 hours a week.
Column 5 - Total: Self-Explanatory.
Column 6- Rate of Pav, including Fringe Benefits: In straight time box, list actual hourly rate paid the employee for
straight time worked plus any cash in lieu of fringes paid the employee. When recording the straight time hourly
rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. This is of
assistance in correctly computing overtime. See "FRINGE BENEFITS" below. In overtime box show overtime
hourly rate paid, plus any cash in lieu of fringes paid the employee. See"FRINGE BENEFITS" below. Payment of
not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours
Standards Act for 1962. In addition to paying not less than the predetermined rate for the classification in which the
employee works, the contractor shall pay to approved plans, funds, or programs or shall pay as cash in lieu of fringes
amounts predetermined as fringe benefits in the wage decision made part of the contract. See "FRINGE
BENEFITS" below.
FRINGE BENEFITS - Contractors who pav all required fringe benefits: A contractor who pays fringe benefits to
approved plans, funds or programs in amounts not less than were deternuned in the applicable wage decision of the
Secretary of Labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid
to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the statement on the
reverse of the payroll to indicate that he is also paying to approved plans, funds, or programs not less than the
amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in Section 4(c).
Contractors who pav no fringe benefits: A Contractor who pays no fi-inge benefits shall pay to the employee, and
insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each
classification plus the amount of fi-inge benefits determined for each classification in the applicable wage decision.
Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not
less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the
required cash in lieu of fringes at the straight time rate. In addition, the contractor shall check paragraph 4(b) of the
statement on the reverse of the pa}noll to indicate that he is paying fringe benefits in cash directly to his employees.
Any exceptions shall be noted in Section 4(c).
Use of Section 4(c), Exceptions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage
determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fi-inges. Any
exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the
Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in
lieu of fringes and the hourly amount paid to plans, funds, or programs as fi-inges. The contractor shall pay, and
shall show that he is paying to each such employee for all hours (unless otherwise provided by applicable
determination) worked
on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as
shown in Section 4(c). The rate paid and amount of cash paid in lieu of fi-inge benefits per hour should be entered in
column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime
rate.
Column 7- Gross Amount Earned: Enter gross amount earned on this project. If part of the employee's weekly
wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount
earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects,
thus $63.00/120.00.
Column 8- Deductions: Five columns are provided for showing deductions made. If more than five deductions
should be involved, use first 4 columns; show the balance of deductions under "Other" column; show actual total
under "Total Deductions" column; and in the attachment to the payroll describe the deductions contained in the
"Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29
43
CFR, Part 3. If the employee worked on other jobs in addition to this project, show actual deductions from his
weekly gross wage, but indicate that deductions are based on his gross wages.
Column 9- Net WaQes Paid for Week: Self-explanatory.
Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires.
Statement Required bv Reeulations, Parts 3 and 5: While this form need not be notarized, the statement on the back
of the payroll is subject to the penalties provided by 18 USC 1001, namely, possible imprisonment for 5 years or
$10,000.00 fine or both. Accordingly, the party signing this required statement should have knowledge of the facts
represented as true.
Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all
deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this
payroll". See paragraph entitled "FRINGE BENEFITS" above for instructions concerning filling out paragraph 4 of
the statement.
44
U. S. Departrnent of Housing and Urban Development
CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE
TO SUPERVISE PAYMENT OF EMPLOYEES
�
Project Name Date i
L,ocation Project No. ��
(I) (We) hereby certify that (I am) (we are) (the prime contractor) (a subcontractor) for
(Specify "General Construction", "Plumbing", "Roofing", etc)
in connection with construction of the above-mentioned Project, and that (I) (we) have appointed
whose signature appears below, to supervise the payment of (my) (our) employees beginning
, 20_; that he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the
statement of compliance requued by the so-called Kick-Back Statute which he/she is to execute with (my) (our) full
authority and approval until such time as (I) (we) submit to a new
certificate appointing some other person for the purposes hereinabove stated.
(Identifying Signature of Appointee)
Attest (if required):
(Name of Firm or Corporation)
(Signature)
(Signature)
(Title) (Title)
NOTE: This certificate must be executed by an authorized officer of a corporation, by a mernber of a partnership, or
the sole owner and shall be executed prior to and be submitted with the first payroll. Should the appointee be
changed, a new certificate must accompany the first payroll for which the new appointee executes a statement of
compliance required by the Kick-Back Statute.
45
46
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U. S. DEPARTMENT OF LABOR STATEMENT OF COMPLIANCE Form Approved
WAGEANDHOURANDPUBLIC Budget Bureau No. 99-R1090
CONTRACTS DIVISIONS
Date
I, do hereby state:
(Name of signatory party) (Title)
(1) That I pay or supervise the payment of the persons employed by
(Contractor or
subcontractor)
on the ; that during the payroll period commencing on the day of
(Building or work)
, 20 and ending the day of , 20 all persons employed on said
project have been paid the full weekly wages earned, that no rebates have been�or will be made either directly
or
indirectly to or on behalf of said
(Contractor or subcontractor)
from the full weekly wages earned by any person and that no deductions have been made either directly or
indirectly from the fu11 wages earned by any person, other than permissible deductions as defined in
Regulations, Part 3(29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended
(48 Stat. 998.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 90 U.S.C. 276c), and described belotia:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are
correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the
applicable wage rates contained in any wage determination incorporated into the contract; that the
classifications set forth therein for each laborer or mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship
program registered with a State apprenticeship agency recoqnized by the Bureau of Apprenticeship and Training,
United States Department of Labor, or if no such recognized agency exists in a State, are registered with the
Bureau of Apprenticeship and Training, United States Department of Labor.
(9) That:
(a) 4]HERE FR7NGE BENEFITS ?�RE PP_ID TO AP?ROV�'D PLP,NS, FUNDS, OR PROGRAMS
❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in
the above referenced payroll, payments of fringe benefits as listed in the contract
have been or will be made to appropriate programs for the benefit of such employees,
except as noted in Section 9(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
❑ Each laborer or mechanic listed in the above referenced payroll has been paid as
indicated on the payroll, an amount not less than the sum of the applicable basic
hourly wage rate plus the amount of the required fringe benefits as listed in the
contract, except as noted in section 4(c) below.
(c) EkCEPTIONS
EXCEPTION (Craft) EXPLANATION
Remarks
Name and Title Signature
THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVZL OR CRIMINAL
PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
49
(e) The names, addresses and trade classifications of all other buildinq construction contractors in which the
undersigned has a substantial interest are (if none, so state):
Name Address Nature of Interest
(Subcontractor)
L�
(Signature)
(Typed Name and Title)
54
WARNING
U. S. Crimnal Code, Section 1010, Title 18, U.S.C, Provides in part: "Whoever ... makes, passes, alters,
or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or
imprisioned not more than two years, or both."
55
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Articie 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor
certifies that it provides worker's compensation insurance coverage for all of
its employees employed on City of Fort Worth project
Family Aquatic Center
Marine Park
Located at 303 NW 20th Street
Fort Worth, Texas
CPMS No. 1831 (TPW No. 2011-16)
�
Title
STATE OF TEXAS
COUNTY OF TARRANT
D ate
BEFORE ME, the undersigned authority, on this day personally appeared
k�own to me to be th� persor whose rame is subscribed to the forer�oing
instrument, and acknowledged to me that he executed the same as the act and
deed of
for the purposes and considerations therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
day of , 20
Notary Public in and for the State of Texas
(a) Contractor agrees to provide to the City a certificate showing that it has
obtained a policy of workers compensation insurance covering each of its
employees on the project in compliance with state law. No Notice to
Proceed will be issued until the Contractor has complied with this section.
(b) Contractor agrees to require each and every subcontractor who will
perform work on the project to provide to it a certificate from such
Design-Build RFP Phase Two) for Marine Park Family Aquatic Center (December 2011)
subcontractor stating that the subcontractor has a policy of workers
compensation insurance covering each employee employed on the
project. Contractor will not permit any subcontractor to perform work on
the project until such certificate has been acquired. Contractor shall
provide a copy of all such certificates to the City.
Design-Build RFP Phase Two) for Marine Park Family Aquatic Center (December 2011)
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS: COUNTY
OF TARRANT §
That we, (1)
, as Principal herein, and (2)
, a corporation organized under the laws of the State of (3) , and
who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly
bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton
Counties, Texas, Obligee herein, in the sum of
Dollars ($_ ) for the payment of which sum
we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severaliy, firmly by these presents.
WHEREAS, Principal has entered into a certain written contract with the Obligee dated
the day of , 20. , a copy of which is attached hereto and made a part
hereof for all purposes, for the construction of the Familv Aquatic Center at Marine Park located at
303 NW 20th Street in Fort Worth, Texas (CPMS No. 1831 and TPW No. 2011-16).
NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall
faithfuily perform the work in accordance with the plans, specifications, and contract documents
and shall fully indemnify and hold harmless the Obligee from all costs and damages which
Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for ali outlay
arid expense that Obligee may incur in making good such default, then this obligation shall be
void; otherwise, to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of such statute, to the same extent as if it were copied at length
herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the
Surety have executed this instrument.
51GNED and SEAL�D this day o� � , 20
.. .,
ATTEST:
�
Design-Build RFP Phase Two) for Marine Park Family Aquati6 Center (December 2011)
(Principal) Secretary
(S E A L)
Witness as to Principal
ATTEST:
Secretary
(S E A L)
Name:
Titie:
Address:
SU RETY
By:
Name:
Attorney in Fact
Address:
Witness as to Surety Telephone Number:
NOTE: (1) Correct name of Principal (Contractor).
(4) Correct name of Surety.
(5) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of
Power of Attorney shail be attached to Bond by the Attorney-in-Fact.
The date of bond shaii not be prior to date of Contract.
Design-Build RFP Phase Two) for Marine Park Family Aquatic Center (December 2011)
CERTIFICATE OF INSURANCE
STANDARD FORM BY INSURER
Design-Build RFP Phase Two) for Marine Park Family Aquatic Center (December 2011)
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW A�L BY THESE PRESENTS: COUNTY
OF TARRANT §
That we, (1)
, as Principal herein, and (2)
, a corporation organized and existing under the laws of the State of (3)
, as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation
located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of
Dollars ($
_� for the payment whereof, the said Principal and Surety bind themselves and their heirs,
' executors, administrators, successors and assigns, jointly and severaily, firmly by these presents:
WHEREAS, the Principai has entered into a certain written contract with the Obligee
dated the day of , 20 , which contract is hereby referred to and made
a part hereof as if fully and to the same extent as if copied at length, for the following project:
Famil_y Aquatic Center at Marine Park located at 303 NW 20th Street in Fort Worth, Texas (CPMS
No. 1831 and TPW No. 2011-16).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253,
► exas Government Code, as amended) supplying labor or materials in the prosecution of the
work under the contract, then this obligation shall be void; otherwise, to remain in full force and
effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statute, to the same extent as if it were copied at length
herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the
Surety have executed this instrument.
SIGNED and SEALED this day of , 20
Design-Buiid RFP Phase Two) for Marine Park Family Aquatic Center (December 2011)
ATTEST:
(Principal) Secretary
(S E A L)
Witness as to Principal
ATTEST:
Secretary
(S E A L)
Witness as to Surety
PRINCIPAL
By:
Name:
Titie:
Address:
SURETY
By:
Name:
Attorney in Fact
Address:
Telephone Number:
NOTE: (1) Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of
Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
Design-Build RFP Phase Two) for Marine Park Family Aquatic Center (December 2011)
STANDARD FORM OF DESIGN-BUILD AGREEMENT
BETWEEN OWNER AND DESIGN-BUILDER
ON OPEN BOOK PRICE BASIS
AGREEMENT made as of the day of in the year of 20_,
between the Design-Buiider:
?��?��?�
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and the Owner:
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, TX 76102
For the services in connection with the following Project:
Design and Construction of the ne Family Aquatic Center and Demolition of the Existing Pool and
Support Facilities at Marine Park, Fort Worth, Texas
ARTICLE 1 - GENERA� PROVISIONS
1.1 Mutual Obliqations. Design-Builder and Owner agree to fully cooperate with each other in
providing to each other information available, and in facilitating the design and Construction Work
within the scope of this Agreement. Design-Builder agrees to provide the architectural and
engineering services as set forth below, and to furnish construction and administration of the
Construction Work.
1.2 Extent of Aqreement. This agreement is solely and exclusively for the benefit of the Owner
and the Design-Builder and not for the benefit of any third party. The Owner and the Design-Builder
agree that there are no third-party beneficiaries and each agrees that the obligations in this
Agreement are owed exclusively to the other party to the Agreement. The Parties agree that this
Agreement represents the entire and integrated Agreement between the Owner and the Design-
Builder, and supersedes all prior negotiations, representations.or agreements, eitherwritten or oral.
1.3 Architect/Enqineer. Licensed, independent design professionals retained by the Design-
Builder in conformance with Chapter 2254, Texas Government Code or furnished by licensed
employees of the Design-Builder shall provide architectural and engineering services required for
the project. The person or entity providing architectural and engineering services shall be referred
to as the Architect/Engineer.
1.4 Defnitions.
1.4.1 The term "Agreement" shall mean this executed Standard Form of Design-Build
Agreement between the Owner and the Design-Builder on Open Book Price Basis.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 1 of 25
Family Aquatic Center at Marine Park (December 2011)
1.4.2 The term "Contract Documents" shall mean (i) this Agreement; (ii) written
change orders and amendments to this Agreement, including exhibits and appendices signed by
both the Owner and the Design-Builder; (iii) the Design Criteria Documents as defined in paragraph
1.4.10; (iv) the information provided by the Owner pursuant to Subparagraph 3.2.2; (v) the
Schematic Design Documents as defined in paragraph 1.4:16 and (vi) the Open Book Price
Proposal as defined in paragraph 5.2.1.
1.4.3 The term "Contract Time" shall mean the number of calendar days stated in the
Price Proposal (as provided in paragraph 5.2.1) during which the Design-Builder has agreed to
achieve Substantial Completion of the Construction Work.
1.4.4 "Price Proposal" shall mean the cost of the design and construction proposed at the
time of execution of this contract.
1.4.5 The term "Contract Price" shall have the meaning defined in paragraph 5.1
1.4.6 "Gua�anteed Maximum Price" (GMP) shall be the total cost of the project set at the
time the construction is authorized. The Design-Builder shall provide Payment, Performance Bonds
and Builders Risk Insurance in this amount. The Owner shall not be obligated to any costs in
excess of the GMP.
1.4.5 The term "Construction Documents" shall mean the drawings, specifications and
other documents prepared by the Architect/Engineer and approved by the Owner for the
construction of the Project.
1.4.6 The term "Construction Work" shall mean all of Design-Builder's construction
services required by the Contract Documents, as defined in paragraph 1.4.2.
1.4.7 The term "Date of Commencement" shall have the meaning defined in paragraph
5.2.3, 5.2.4.1, or 5.2.4.3 as applicable. The Owner will promptly proceed to obtain all easements,
zoning changes, approvals, and other legal requirements to allow construction to proceed without
delay.
1.4.8 The term "day" or "days" shall mean calendar days unless otherwise specifically
noted in the Contract Documents.
1.4.9 The term "Defective Work" shall mean any portion of the Construction Work not in
conformance with the Construction Documents.
1.4.10 The term "Design Criteria Documents" shall mean the documents provided by the
Owner to the Design-Builder that provide sufficient basic programrning information to permit the
Design-Builder to prepare a response to the Owner's request for proposal ("RFP"). The Design
Criteria Documents must specify functional design and construction criteria the Owner considers
necessary and salient to describe the Proje.ct. The Design Criteria Documents may include, as
appropriate, the legal description of the site, survey information concerning the site, basic interior
space requirements, special material requirements, material quality standards, conceptual criteria
for this Project, special equipment requirements, cost or budget estimates, time schedules, quality
assurance and quality control requirements, site development requirements, applicable codes and
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 2 of 25
Family Aquatic Center at Marine Park (December 2011)
ordinances, provisions for utilities, parking requirements, or any other requirements determined by
the Owner to establish the salient characteristics of the proposed project.
1.4.11 The term "Design Consultants" shall mean the engineering or architectural firm(s)
employed by the Design-Builder to perform design or consulting work for the Project site, and the
building improvements. Such Design Consultants services may include civil engineering for utilities,
storm drainage, and pavement; geotechnical engineering; landscape architecture; environmental
engineering or consulting; and surveying and construction staking for sitework. Design Consultants
for the building design may include electrical, structural, mechanical, plumbing, architectural,
ADA/TSA and other specialty design areas.
1.4.12 The term "Differing Site Conditions" shall mean concealed or latent physical
conditions, or subsurface conditions at the Project site that (i) materially differ from the conditions
indicated in the Schematic Design Documents or (ii) are of an unusual nature, differing materially
from the conditions ordinarily encountered and generally recognized as inherent in construction
work.
1.4.13 The term "Hazardous Material(s)" shall mean any materials, waste, substances,
and/or chemicals deemed to be hazardous under all applicable federal, state, and/or local laws,
' codes, ordinances, rules, regulations, orders and decrees of any governmental entity having
jurisdiction over the Project or the Project site.
1.4.14 The term "Other Contractors" shall mean any other independent contractor, agent
or representative employed by the Owner at the Project site who is not employed by the Design-
Builder, or its subcontractors.
1.4.15 The term "Project" is the building, facility, or other improvements at the location
provided by the Owner, which the Design-Builder has agreed to complete pursuant to the
requirements of the Schematic Design Documents, as defined in paragraph 1.4.16.
1.4.16 The term "Schematic Design Documents" shall mean the drawings, outline
specifications, and/or other conceptual documents illustrating the ProjecYs elements, scale, and
features, which documents address the requirements of the Owner's Design Criteria Documents
submitted by the Owner to the Design-Builder. The Schematic Design Documents shall be the
documents prepared and submitted to the Owner with the Guaranteed Maximum Price ("GMP").
The Schematic Design Documents shall constitute the scope of the work to be performed by the
Design-Builder for the GMP pursuant to the terms of this Agreement.
' 1.4.17 The term "Subcontractor(s)" shall mean any party or entity retained by the Design-
Builder as an independent contractor to provide any of the labor, materials, equipment, and/or
services necessary to complete a specific portion of the Construction Work under this Agreement.
The term Subcontractor does not include an architect, engineer, other design consultants, if any, or
any Other Contractors retained by the Owner.
1.4.18 The term "Substantial Completiion" shall be the date on which the Construction
Work, or an agreed portion of the Construction Work, is sufficiently complete so that the Owner can
beneficially occupy or use the Project, or portion thereof, for its intended purposes. The issuance of
a certificate of occupancy is not a prerequisite for Substantial Completion if the certificate of
occupancy cannot be obtained due to factors beyond the Design-Builder's control. The Design-
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 3 of 25
Family Aquatic Center at Marine Park (December 2011)
Builder and the Owner agree to sign a certificate of Substantial Completion confirming the date of
Substantial Completion.
1.4.19 The term "Work Product" shall mean all drawings, specifications, and other design
documents, including those in electronic format prepared by or procured by the Design-Builder in
performance of this Agreement.
1.4.20 The term "Open Book Price" shall refer to the price of subcontracts and purchases,
the site expenses for superintendence and professional services directly supporting the construction
effort plus agreed overhead and profit.
ARTIC�E 2- DESIGN-BUILDER'S SERVICES AND RESPONSIBILITIES
2. Desiqn Services.
2.1 Schematic Design: The Design-Builder shall prepare a schematic design sufficient in detail
and scope to clearly identify all major features of the project, prepare a project schedule, and to
present a Guaranteed Maximum Price. The Owner shall accept, in writing, the Schematic Design
prior to detailed design and execution of the construction.
2.2 Final Design: Pursuant to a mutually agreeable schedule, the Design-Builder shall submit for
the Owner's approval Construction Documents that meet the requirements of the Schematic Design
Documents, and any change orders executed by both the Owner and the Design-Builder after the
date of this Agreement and prior to the submission of the Construction Documents to the Owner.
2.3 Construction Documents. The Construction Documents shall set forth the requirements for
the Construction Work, and shall be based upon codes, laws or regulations effective on the date of
this Agreement. If any codes, laws, or regulations are changed or are enacted after the date of this
Agreement affecting the performance of the Construction Work, the Contract Price and the Contract
Time shall be equitably adjusted to compensate the Design-Builder for the changes. When the
Design-Builder submits the Construction Documents to the Owner, the Design-Builder shall identify
in writing all material changes and deviations from the requirements of the Schematic Design
Documents. Material changes, if any, between the Construction Documents and the Schematic
Design Documents necessitated by changes in codes, laws or regulations shall be documented by a
Change Order pursuant paragraph 7.2 equitably adjusting the Contract Price ancl/or the Contract
Time. Three (3) sets of the Construction Documents shall be furnished to the Owner prior to the
date of commencement of construction.
2.4 Construction Services.
2.4.1 The Design-Builder agrees to timely complete the design and commence
construction to substantially complete the construction within the Contract Time. The Design-Builder
and its Subcontractors shall provide all necessary construction labor, materials, tools, equipment, as
well as all construction supervision, inspection, and temporary utilities as required to complete
construction required by the Construction Documents.
2.4.2 The Design-Builder shall perform all Construction Work in accordance with the
requirements of the Construction Documents. Design-Builder shall at all times exercise complete
and exclusive control over the construction means, methods, sequences, and techniques. The
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 4 of 25
Family Aquatic Center at Marine Park (December 2011)
Design-Builder shall be responsibie for the proper performance of the work, including all work
performed by its Subcontractors, and any acts and omissions in connection with such performance.
2.4.3 The Design-Builder shall keep the Project site reasonably free from debris, trash, and
construction wastes to permit Design-Builder to perform the Construction Work efficiently, safely,
and without interference in the use of adjacent properties. Upon Substantial Completion of the
Project, the Design-Builder shall remove all debris, trash, construction waste, materials, equipment,
machinery, and tools arising from the Construction Work, to permit Owner to occupy the Project for
its intended use. Upon completion of the Project, Contractor shall complete the removal of all
debris, trash, construction waste, materials, equipment, machinery, and tools arising from the
Construction Work prior to final payment being due.
2.5 Safety of Persons and Property. The Design-Builder shall require each of its
Subcontractors to be responsible for the safety of its workmen performing the Construction Work at
the Project site, as well as the safety of all persons and properry which could be injured during the
prosecution of any subcontract work. The provisions of this Agreement shall not relieve
' Subcontractors of their responsibility for the safety of persons or property in the performance of
subcontract work, nor for compliance with the applicable laws and regulations. The Design-Builder
shall be responsible for the safety of all employees and workmen directly employed by the Design-
' Builder at the Project site.
2.5.1 Safety Representative. The Design-Builder shall designate an individual at the
Project site in the employment of the Design-Builder who shall act as the Design-Builder's
designated safety representative. Unless otherwise identified by the Design-Builder in writing to the
Owner, the designated safety representative shall be the Design-Builder's project superintendent.
, The Design-Builder will promptly report to the Owner in writing all accidents and injuries occurring at
' the Project site. When the Design-Builder is required to file an accident report with a public
authority, the Design-Builder shall furnish a copy of the report to the Owner. The Design-Builder and
its Subcontractors shall comply with all legal requirements relating to the safety, as well as any of
' Owner's specific safety requirements if specified in the Contract Documents.
2.5.2 Reproduction, Use and Ownership of Work Product. All designs, drawings,
specifications, documents, and other work products of the Design-Builderwhether in hard copy or in
electronic form, are instruments of service for this Project, whether the Project is completed or not.
Reuse, change, or alteration by the Owner or by others acting through or on behalf of the Owner of
any such instruments of service without the written permission of the Design-Builder will be at the
Owner's sole risk. The Owner shall own the final, printed designs, drawings, speci�cations and
documents. Transfer of ownership of the contract documents does not constitute sale of the
documents.
2.5.3 Standard of Care. Qualified, licensed design professionals employed by the
Design-Builder or procured from qualified, independent licensed design consultants shall prepare
the Construction Documents. The standard of care for all design professional services performed
under this Agreement shall be the care and skill ordinarily used by members of the architectural and
engineering professions practicing under similar conditions at the same time and locality as the
Project. This Agreement does not establish or create any legal or contractual obligations between
the Owner and the design professionals employed by the Design-Builder, and the design
professionals shall not be deemed to be a third party beneficiaries under this Agreement. The
design professionals shall be selected based upon demonstrated compefence and qualifications in
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Family Aquatic Center at Marine Park (December 2011)
accord with Section 2254.004, Texas Government Code.
2.5.4 Hazardous Materials. The Design-Builder shall not be obligated to commence or
continue the Construction Work until all known or suspected Hazardous Material discovered at the
Project site not introduced onto the Project site by the Design-Builder have been removed or
rendered harmless by the Owner, as certified by an independent testing laboratory and approved by
the appropriate government agency.
2.5.4.1 The Design-Builder and its Subcontractors shall not knowingly enter upon any
portion of the Construction Work containing Hazardous Material. If after the commencement of the
Construction Work known or suspected Hazardous Materials are discovered at the Project, the
Design-Builder shall be entitled to immediately stop Construction Work in the affected area, unless
such Hazardous Materials are introduced onto the Project site by the Design-Builder. The Design-
Builder shall report the condition to the Owner, and, if required, the governmental agency having
jurisdiction. If the Design-Builder incurs additional cost and/or is delayed due to the presence or
remediation of Hazardous Material, the Design-Builder shall be entitled to an equitable adjustment in
the Contract Price and/or the Contract Time, unless such Hazardous Materials are introduced onto
the Project site by the Design-Builder. The Design-Builder shall not be required to perform any
Construction Work related to or in the area of Hazardous Material not introduced into the Project site
by it unless a written agreement is entered into between the Design-Builder and the Owner to
provide for extra cost, if any, extra time, if any, and additional risk incurred by the Design-Builder.
2.5.4.2 If potentially hazardous materials are discovered at the Project site that were not
introduced by the Design-Builder, the Owner shall be responsible for retaining an independent
testing laboratory to determine the nature of the material encountered and whether it is a Hazardous
Material requiring corrective measures and/or remedial action, otherwise the Design-Builder shall be
responsible for such testing. Such measures shall be the sole responsibility of the Owner, and shall
be performed in a manner minimizing any adverse effect upon the Construction Work of the Design-
Builder, unless such Hazardous Materials are introduced onto the Project site by the Design-Builder.
The Design-Builder shalt resume the Construction Work in the area affected by any Hazardous
Material only after written agreement between the Owner and the Design-Builder has been
executed, after the Hazardous Material has been removed or rendered harmless, and after approval
of the governmental agency or agencies with jurisdiction, if required.
2.5.4.3 If hazardous materials are encountered as a result of the Owner's failure to
identify or remove hazardous materials existing at the Project site prior to the commencement of
construction, the Owner agrees to (1) release the Design-Builder, its Subcontractors, and their
officers, directors and employees from any and all claims, damages, losses, or expenses incurred
by the Owner arising out of or related to the performance of the construction work in the area
affected by the Hazardous Material existing at the Project site prior to commencement of the Project;
(2) release the Design-Builder from any indemnification obligations in this Agreement as it relates to
Hazardous Materials only; (3) extend the Contract Time by the actual number of days that the
Design-Builder is delayed in the completion of the Contract Work arising out of or related to the
identification, testing, and abatement of the Hazardous Material existing at the Project site prior to
commencement of performance; (4) execute a Change Order increasing the Contract Price by any
costs or losses incurred by Design-Builder which arise out of the testing or abatement of the
Hazardous Material existing at the Project site prior to commencement of performance, or relate to
the performance of Construction Work in the area affected by the Hazardous Material prior to the
Design-Builder's discovery of the Hazardous Material existing at the Project site prior to
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Family Aquatic Center at Marine Park (December 2011)
commencement of performance.
2.5.4.4 During performance of the Construction Work, the Design-Builder shall be
responsible for the proper handling of all materials brought to the Project site by the Design-Builder
or its Subcontractors. Upon the issuance of the certificate of Substantial Completion, the Design-
Builder shall continue to be responsible for materials and substances brought to the Project site, if
such materials or substances are required by the Construction Documents.
2.5.4.5 If Hazardous Materials are encountered as a result of the Design-Builder or its
Subcontractors' importation of such materials onto the Project site, the Design-Builder shall defend,
indemnify and hold harmless the Owner, its officers, directors, and employees from and against any
and all claims, damages, losses, costs and expenses, including but not limited to attorneys fees,
arising out of or related to the Construction Work in any area affected by Hazardous Materials This
indemnification shall apply without regard to the fault, negligence, breach of warranty or
contract, or strict liability of the Owner and shall indemnify the indemnities for their own fault
or negligence.
2.6 Desiqn-Builder's Warrantv. Design-Builder warrants to Owner that all materials and
equipment furnished under this Agreement will be new, unless otherwise specified. The Design-
Builder also warrants to the Owner that all materials and equipment furnished under this Agreement
will be in conformance with the Construction Documents. Design-Builder's warranty obligations
exclude defects caused by abuse, alterations, or failure to maintain the Construction Work by
persons other than the Design-Builder. The Design-Builder agrees to correct all Defective Workfor
which the Owner provides notice to the Design-Builder within a period of one year from the date of
Substantial Completion. The Design-Builder shall collect written warranties as defined in the
contract documents from manufacturers, as well as all equipment manuals, and deliver them to the
Owner for the Owner's use. To the extent that products, equipment, systems or materials
incorporated into the Construction Work are covered by a warranty from the manufacturer of such
products, equipment, systems or material in excess of one year, the Owner's remedy to correct the
defective products, equipment, systems, or materials after the one-year period shall be exclusively
against the warranty of the manufacturer.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 Cooperation with Desiqn-Builder.
3.1.1 Owner shall, throughout the performance of the Construction Work, cooperate
with Design-Builder and perform its responsibilities, obligations and services in a timely manner to
facilitate Design-Builder's timely and efficient perFormance of the Construction Work and so as not
to delay or interFere with Design-Builder's performance of its obligations under the Contract
Documents and/or Construction Documents. The Owner shall cooperate and provide reasonable
assistance to the Design-Builder in obtaining the permits, approvals, and licenses that are the
responsibility of the Design-Builder.
3.1.2 Owner shall provide timely reviews and approvals of interim design submissions,
Schematic Design Documents, and Construction Documents consistent with Owner's normal
business practices and within the negotiated times set forth in Design-Builder's schedule.
3.2 Information and Services Provided bv Owner.
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3.2.1 The Owner shall provide full information in a timely manner regarding
requirements for the Project including all information contained in the Design Criteria Documents.
3.2.2 Unless expressly stated to the contrary in the Contract Documents, Owner shall
provide for Design-Builder's information and use the following documents upon which Design-
Builder is entitled to rely upon in performing the Work:
3.2.2.1 Surveys describing the property, boundaries, topography and reference points for
use during construction, including existing service and utility lines;
3.2.2.2 Geotechnical studies describing subsurface conditions, and other surveys
describing other latent or concealed physical conditions at the Project site;
3.2.2.3 Temporary and permanent easements, zoning requirements, deed restrictions,
and other requirements and encumbrances affecting land use, or necessary to permit the proper
design and construction of the Project and enable Design-Builder to perform the Work;
3.2.2.4 A legal description of the property upon which the Project is located;
3.2.2.5 To the extent available, as-built and record drawings of any existing structures at
the Project site; and
3.2.2.6 To the extent available, environmental studies, reports and impact statements
describing the environmental conditions, including Hazardous Conditions, in existence at the Project
site or which could affect the Project site.
3.2.3 Owner is responsible for securing and executing all necessary easements and
agreements with adjacent land or property owners that are necessary to enable Design-Builder to
perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in
securing these necessary easements and agreements. Owner is responsible for securing all zoning
approvals required for the Project as well as all easements necessary for the construction to
proceed without delay.
3.3 Approval of Schematic Desiqn Documents. At the time of the Owner's approval of
the Open Book Price Proposal, as provided in paragraph 5.2, the Owner shall review, modify as
required, and approve the Schematic Design Documents provided to the Owner by the Design-
Builder. Upon the Owner's approval, the Schematic Design Documents shall be part of the Contract
Documents and shall constitute the scope of the design and construction services to be perfo�med
by Design-Builder.
3.4 Owner's Construction Responsibilities
3.4.1 Throughout the performance of the Construction Work, the Owner shall cooperate
with Design-Builder to assure that the Construction Work is timely and efficiently performed without
delay or interference to the services provided by Design-Builder. The Owner shall assign Ronald
Clements, Project manager, as the Owner representative who shall be fully acquainted with the
Project and who shall have authority to bind the Owner in all matters requiring the Owner's approval,
authorization, or written notice. If the Owner changes its representative or the representative's
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Family Aquatic Center at Marine Park (December 2011)
authority as listed above, the Owner shall notify the Design-Builder in writing, in advance of such
change.
3.4.2 Owner is responsible for all work performed on the Project or at the location of the
Project by other contractors under separate contracts with the Owner. Owner shall contractually
require its separate contractors to cooperate with and coordinate their activities with Design-Builder,
so as not to interfere with Design-Builder in performance of this Agreement.
3.4.3 Owner shall provide or contract for, independently of the Design-Builder, the
' inspection services, the testing of construction materials, and the verification testing services
' necessary for acceptance of the Project.
3.4.4 Any change order in an amount greater than $25,000 requires the prior approval
of the City Council of the City of Fort Worth.
ARTICLE 4 - CONTRACT TIME.
4.1 Substantial Completion and Final Completion. Substantial Completion of the
Construction Work shall be achieved after the Date of Commencement, within the Contract Time as
specified pursuant to paragraph 5.2.1.4 and as extended pursuant to paragraph 4.2. Unless causes
beyond the Design-Builder's control delay final completion, the Design-Builder shall achieve final
completion of the Construction Work, including all punch list work, within sixty (60) days from the
date of Substantial Completion.
4.2 Extensions of Time
4.2.1 If causes beyond the Design-Builder's control extend the time for the
commencement or progress of the Construction Work, then the Contract Time shall be extended as
appropriate. Such causes shall include but not be limited to: changes ordered in the Construction
Work by the Owner, negligent acts or omissions of the Owner or Other Contractors, the Owner's
interference in the Design-Builder's performance of Construction Work, the presence of Hazardous
Materials at the Project site, the presence of Differing Site Conditions, adverse weather conditions
' not reasonably anticipated, fire, unusual transportation delays, labor disputes impacting the Project,
actions by governmental agencies, and/or unavoidable accidents or circumstances. Causes beyond
the control of the Design-Builder do not include negligent acts or omissions on the part of the
Design-Builder, Subcontractors, or the Architect/Engineer.
4.2.2 In the event delays to the Project are encountered for any reason, both the Owner
and the Design-Builder agree to undertake reasonable efforts to mitigate the effects of such delays.
4.3 Liquidated Damaqes. Time is of the essence for the performance of this Contract. To
the extent that the Substantial Completion of the Project is not achieved by the Design-Builderwithin
the Contract Time, as adjusted pursuant to the provisions of paragraph 4.2, the Owner will suffer
financial loss which is difficult, if not impossible, to estimate or compute. The Owner and the
Design-Builder therefore agree that the amount of $5,000.00 per day shall be deducted from the
total payment due the Design-Builder for each day the Certificate of Occupancy ion of the Project is
delayed beyond the ContractTime, as adjusted bythe provisions in paragraph 4.2. The Ownerand
the Design-Builder further agree that the amount of $5,000.�0 per day is a reasonable expectation
of the Owner's probable damages, both direct and consequential, including all of the Owner's
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financial and economic losses associated with, or directly or indirectly arising out of the delay in the
Certificate of Occupancy of the Project, and that such deduction of the liquidated damage amount is
not for the purpose of a penalty.
ARTICLE 5 - CONTRACT PRICE
5.1 Contract Price Owner shall pay Design-Builder, in accordance with Article 6 hereof, total
compensation ("Contract Price") not to exceed the Guaranteed Maximum Price.
5.2 Contract Cost
5.2.1 Guaranteed Maximum Price Proposal ("GMP"). The Design-Builder shall
submit a Price Proposal to Owner for each phase working toward a GMP, which shall include the
following information and documents:
5.2.1 A proposed price for performing the Construction Work, which amount shall
include the Design-Builder's Design fee. The price will be determined as follows:
5.2.1.1 Subcontract Costs (Actual contract plus ????°/a)
5.2.1.2 Design-Builders Overhead and Profit (????% of direct costs)
5.2.1.3 Management Fee (????% of total DESIGN-BUI�DER cost)
5.2.1.4 Reimbursable Expenses (Cost plus ????%)
5.2.1.5 Design Fee (Open Book)
5.2.1.6 Other Fees (????%)
5.2.1.2 A copy of the Schematic Design Documents used as the basis for establishing
the GMP.
5:2.1.3 A list of the assumptions and clarifications made by Design-Builder in establishing
the GMP, which list is intended to supplement the information contained in the Schematic Design
Documents.
5.2.1.4 The Contract Time upon which the proposed GMP is based;
5.2.1.5 If applicable, a list of allowances and a statement of their basis; a schedule of
alternate prices; a schedule of unit prices; and/or a statement of Additional Services; and
5.2.1.6 The time limit for acceptance of the GMP Proposal.
5.2.2 Review and Adiustment to GMP Proposal After submission of the GMP
Proposat, Design-Builder and Owner shall meet to discuss and review the Schematic Design
Documents and the Price Proposal. If Owner has any comments regarding the GMP Proposal, or
finds any inconsistencies or inaccuracies in the information presented, the Owner shall promptly
give written notice to Design-Builder of such comments or findings. If appropriate, Design-Builder
shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal.
5.2.3 Acceptance of Price Proposal If Owner accepts the GMP Proposal, the
GMP Proposal and all documents submitted with the GMP Proposal shall amend and become a part
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Family Aquatic Center at Marine Park (December 2011)
of this Agreement. The Date of Commencement shall be ten (10) business days after Design-
Builder's receipt of Owner's acceptance of the GMP Proposal. Design-Builder will proceed with
completion of design and ordering of long lead-time materials required for the Project.
5.2.4 Failure to Accept the GMP Proposal If Owner rejects the GMP Proposal, or
fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal that it
accepts GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such
event, Owner and Design-Builder shall meet and confer as to how the Project will proceed, with
Owner having the following options:
5.2.4.1 Owner shall suggest modifications to the GMP Proposal, whereupon, if such
modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed
accepted, as modified, and the parties shall proceed in accordance with paragraph 5.2.3 above,
except the Date of Commencement shall be the date of Design-Builder's written acceptance of such
modifications; or
5.2.4.2 Owner shall terminate this Agreement by payment to Design-Builder of $????? for
the preparation of the Schematic Design Documents, such payment being the total compensation
Design-Builder will be entitled to for any and all work performed prior to the date of such termination.
5.3 Adiustments to Price The GMP Price shall be equitably adjusted to provide for changes in
the scope of the Construction Work, including:
5.3.1 Delays encountered in performing the work caused by or resulting from acts or
omissions of the Owner, the Owner's representatives, or any Other Contractors;
5.3.2 Changes to the Project or Construction Work as provided in Article 7 hereof;
5.3.3 Additional work and/or delays caused by or resulting from the presence of
Hazardous Materials on the Project site other than materials brought onto the site by Design-Builder;
5.3.4 The Owner's suspension of the work under this Agreement; or
5.3.5 Differing Site Conditions; and/or other occurrences or circumstances forwhich the
Design-Builder is entitled to a price adjustment under this Agreement.
ARTICLE 6 - PAYMENT
6.1 Schedule of Values.
6.1.1 Prior to submitting the first application for payment during the Construction Work,
the Design-Builder shall provide to the Owner a schedule of values consisting of a breakdown of the
Open Book Price with separate line items for the major elements of the Gonstruction Work included
in the �ump Sum Price.
6.1.2 If the Owner disagrees with the values utilized by the Design-Builder in the
schedule of values, the Owner shall provide the Design-Builder a written objection to the schedule of
values within seven (7) days after the Owner's receipt of the schedule of values, specifically stating
the items with which the Owner objects, the basis for such objection, and the adjustment in the
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Family Aquatic Center at Marine Park (December 2011)
schedule of values which would be satisfactory to the Owner. in the event of objection by the
Owner, the Design-Builder and the Owner shall negotiate in good faith to resolve any such objection
before commencement of the Construction Work. The Design-Builder shall not be required to
commence the Construction Work until all such objections are resolved. If any such delays in the
commencement of the Construction Work are encountered, the Design-Builder shall be entitled to
an adjustment of the Contract Time.
6.2 Monthlv Proqress Pavments.
6.2.1 On the first day of each month after the Date of Commencement, the Design-
Builder shall submit to the Owner an application for payment based on the percentage of work
completed for each item on the schedule of values, and the materials suitably stored at the Project
site (or at other locations approved in writing by the Owner). Approval of payment applications for
such stored materials shall be conditioned upon submission by the Design-Builder of bills of sale or
such other procedures satisfactory to the Owner to establish the Owner's title to such materials.
6.2.2 Within ten (10) days after the Owner's receipt of each monthly application for
payment, the Owner shall give written notice to the Design-Builder of the Owner's acceptance,
rejection, or adjustment of such application for payment. The Owner's adjustment or rejection of an
application for payment shall only be based on a justification stated in paragraph 6.2.3. Within
fifteen (15) days after receipt of each monthly application for payment, the Owner shall pay directly
to the Design-Builder, the amount for which the application for payment is made, less any amounts
previously paid by the Owner. If such application is rejected or adjusted, the Owner shall provide
with the written notice of rejection or adjustment, a statement of the specific portion of the items in
the schedule of values rejected or adjusted and the Owner's basis for such rejection or adjustment.
If the Owner and Design-Builder cannot agree on a revised amount, the Owner shall pay directly to
the Design-Builder the amount of those items not rejected and the uncontested amount of items
adjusted, less amounts previously paid by the Owner. The items rejected or adjusted by the Owner
shall be due and payable when the reasons for the Owner's rejection or adjustment have been
removed or cured.
6.2.3 Justification for Owner's Adiustment. For the following reasons, the Owner
may reject or adjust an application for payment submitted by the Design-Builder to the extent
necessary to protect the Owner from loss or damage for which Design-Builder is responsible under
this Agreement:
6.2.3.1 The Design-Builder repeatedly fails to perform the Construction Work as required
by the Construction Documents;
6.2.3.2 The Owner suffers or incurs a loss or damage arising out of this Agreement and
caused by the Design-Builder, but only to the extent that such loss or damage is not covered by
insurance provided by Design-Builder or by Owner pursuant to the terms of this Agreement;
6.2.3.3 The Owner receives notice that the Design-Builder has failed to pay Design
Consultants, Subcontractors, or other persons supplying materials, equipment or supplies
incorporated into the Construction Work, when the Owner has paid the Design-Builder for such
Construction Work;
6.2.3.4 The Design-Builder fails to correct Defective Work in a timely manner as provided
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Family Aquatic Center at Marine Park (December 2011)
in this Agreement; or
6.2.3.5 If the unpaid balance of the Contract Price is insufficient to pay for the cost to
complete the Construction Work required under this Agreement.
6.2.3.5 When the above basis for rejecting or adjusting an application for payment has
been removed, the Owner will make payment within thirty (30) days to the Design-Builder for the
amounts previously withheld.
6.2.4 Retainaqe Before Substantial Completion. From each progress payment
made prior to the time of Substantial Completion of the Construction Work, the Owner may retain
five percent (5%) of the amount otherwise due under this Agreement.
6.2.5 Retainaqe After Substantial Completion. Upon Substantial Completion of
the Construction Work, the Owner shall pay the Design-Builder the unpaid balance of the Contract
Price, less a sum equal to 150% of the Design-Builder's estimated cost of completing any unfinished
items, as agreed to between the Owner and the Design-Builder. The Ownerthereaftershall pay the
Design-Builder monthly the amount retained for unfinished items as each item is completed.
6.2.6 Owner's Failure to Pay. If the Owner fails to pay the Design-Builder at the
time payment of any amount becomes due, and such amount remains unpaid for a period of seven
(7) days, then (i) within three (3) Owner business days after the Owner's receipt of notice from the
Design-Builder of the Design-Builder's intention to cease work on the Project, the Design-Builder
may stop all work on the Project until full payment of the amount owing has been received by the
Design-Builder and (ii) within seven (7) days after the Owner's receipt of notice of termination from
the Design-Builder, the Design-Builder may terminate this Agreement. Payments due but unpaid
pursuant to this Agreement shall bear interest at the rate set forth for past due construction
payments in Chapter 2251 of the Texas Government Code.
6.2.7 Warrantv of Clear Title. The Design-Builder warrants and guarantees that
title to all work, materials, and equipment covered by an application for payment, whether
incorporated in the Project or not, will pass to the Owner upon receipt by Des'ign-Builder of payment
for the application for payment, free and clear of all liens, claims, security interests, or
encumbrances. The Owner's payment of an application for payment, whether in whole or in part,
shall not be deemed acceptance of any Construction Work not conforming to the requirements of
the Construction Documents, it being the duiy and responsibility of the Design-Builder to perForm the
Construction Work in accordance with the requirements of the Construction Documents.
6.3 Final Pavment.
6.3.1 Upon completion of all work under this Agreernent, including punch list work,
Design-Builder shall submit an invoice to Owner for the final Contract Price, less progress payments
previously received (the "Final Invoice").
6.3.2 Owner shall have 30 days to review and audit Design-Builder's Final Invoice. If
the Owner disagrees with the Design-Builder's Final Invoice notice thereof shall be provided to
Design-Builder not later than 35 days following Design-Builder's submission of its Final Invoice.
Such notice of disagreement must describe in detail those portions of the Final Invoice disputed �nd
the reason(s).
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6.3.3 If Owner disagrees or objects with the Final Invoice, payment shall nevertheless
be made for the undisputed balance, if any, due Design-Builder. Such payment of the undisputed
balance is due not later than 45 days following Design-Builder's submission of the Final Invoice.
With respect to the disputed amount of Design-Builder's Final Invoice the parties shall meet within
the 30-day period following Owner's notice of disagreement and attempt to resolve the dispute by
agreement. If that process is unsuccessful, the Owner and Design Builder shall submit the dispute
to non-binding mediation, and if such mediation is unsuccessful in resolving the dispute, either
Owner or Design-Builder may bring suit in a court of competent jurisdiction located in Tarrant
County, Texas.
6.3.4 In the event the final total Contract Price payable under this Agreement is less
than the sum of progress payments previously received, Design-Builder shall refund the amount of
such excess progress payments received to Owner within 10 days following the final determination
of the final total Contract Price. Any refund not so made shall bear interest at the rate of ten percent
(10%) per annum.
6.3.5 Owner shall pay Design-Builder interest at the rate set forth for past due
construction payments in Chapter 2251 of the Texas Government Code on any amounts not timely
paid under this Agreement: To the extent any disputed entitlement to payment is resolved in favor of
the Design-Builder, such interest shall be paid on the amount determined to be due Design-Builder
from the original due date of the disputed payment.
ARTICLE 7- CHANGES IN THE WORK
7.1 Chanqes in the Work. Changes in the Construction Work which are within the general scope
of this Agreement may be accomplished without invaliding the Agreement by Change Order as
provided in paragraph 7.2, a Work Change Directive as provided in paragraph 7.3, or a Minor
Change in the Work as provided in paragraph 7.4.
7.2 Chanqe Orders. The Owner may order changes in the Construction Work within the general
scope of the Construction Documents by a Change Order. All such changes in the Construction
Work shall be authorized by the Owner pursuant to a written change order executed by the Owner
and the Design-Builder, and shall be performed under applicable conditions of the Contract
Documents. Each adjustment in the Contract Price and/or Contract Time resulting from a Change
Order shall clearly separate the amount attributable to design services. The Owner and the Design-
Builder shall negotiate in good faith an equitable adjustment to the Contract Price and the Contract
Time and shall conclude these negotiations as expeditiously as possible. Neither the Design-
Builder nor the Owner shall unreasonablywithhold acceptance of the Change Order, any adjustment
in the Contract Price, and/or Contract Time.
7.3 Work Chanqe Directive. In the event the Owner and the Design-Builder cannot agree on
an equitable adjustment to the Contract Price or the Contract Time, the Owner may issue a Work
Change Directive, directing a change in the Construction Work if the changed work is within the
general scope of the Construction Documents. If the Owner issues a Work Change Directive, the
Design-Builder shall provide an accounting to the Owner for all extra costs incurred by the Design-
Builder as a result of the Work Change Directive. The Design-Builder shall also record all extra time
required for the completion of the work required by the Work Change Directive. The Contract Price
will be increased by the amount of such additional costs plus fifteen percent (15%) of such costs for
Design-Builder's overhead and profit. The Design-Builder will also be entitled to an extension of the
Contract Time that corresponds with the additional time required to complete the work under the
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Family Aquatic Center at Marine Park (December 2011)
Work Change Directive. Jf the Owner and Design-Builder subsequently agree to the adjustments in
the Contract Price and the Contract Time for work under the Work Change Directive, such
agreement shall be documented by completion of a Change Order.
7.4 Minor Chanqes in the Work. Design-Builder, with the written approval of the Owner,
may make minor changes in the design and construction of the Project consistent with the intent of
the Contract Documents, which do not involve an adjustment of the Contract Price and/or the
Contract Time, and which do not materially or adversely affect the design of the Project, the quality
of any of the materials or equipment specified in the Construction Documents, the performance of
any equipment or systems specified in the Construction Documents, or the quality of workmanship
required by the Construction Documents.
; 7.5 Differinq Site Conditions. If Design-Builder encounters a Differing Site Condition that is
manmade, Design-Builderwill be entitled to an adjustment in the Contract Price, and/orthe Contract
Time, to the extent that the Differing Site Condition adversely impacts design-Buitder's costs and/or
time of performance. Upon encountering a manmade Differing Site Condition, Design-Builder shall
provide prompt written notice to Owner of such condition, which notice shall not be later than five (5)
business days after the impact of such manmade Differing Site Condition has been determined by
Design-Builder. Design-Builder shall, to the extent reasonably possible, provide such notice in a
manner to allow the Owner to mitigate any costs or extra expenses arising out of the manmade
Differing Site Condition. Design-Builder waives any claim for additional fime and/or compensation
for failure to provide written notice as required herein. Design-Builder shall not be entitled to any
additional compensation for a naturally occurring Differing Site Condition, but shall be entitled to and
adjustment in Contract Time.
ARTICLE 8- INDEMNITY, INSURANCE AND BONDS
8.1 Indemnitv. DESIGN-BUILDER COVENANTS AND AGREES TO, AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONA� INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT,
ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, WHETHER
OR NOT CAUSED IN WHOLE OR IN PART BY A��EGED NEGLIGENCE ON THE PART OF THE
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES AND INVITEES OF OWNER. DESIGN-BUILDER DOES HEREBY COVENANT AND
AGREE TO ASSUME ALL LIABILITY AND RESPONSIBILITY OF OWNER, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FOR PROPERTY DAMAGE OR LOSS, AND/OR
PERSONAL INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OWNER, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR
INVITEES. DESIGN-BUILDER LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL INJURIES,
LOSS, OR DAMAGES TO PROPERTY OF OWNER DURING THE PERFORMANCE OF THIS
AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM,
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Family Aquatic Center at Marine Park (December 2011)
IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OWNER'S
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES OR INVITEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE DESIGN-
BUILDER TO INDEMNIFY THE OWNER FOR ITS SOLE OR CONCURRENT NEGLIGENCE;
PROVIDED, HOWEVER, THIS INDEMNITY SHALL NOT BE CONSTRUED SO AS TO REQUIRE
THE DESIGN PROFESSIONAL TO INDEMNIFY OWNER OR ANYONE UNDER OWNER FOR THE
OWNER'S SOLE NEGLIGENCE.
8.2 Desiqn-Builder's Liabilitv Insurance. The Design-Builder shall obtain and maintain
insurance coverage for the following claims which may arise out of the performance of this
Agreement, whether resulting from the Design-Builder's operations or from the operations of any
Subcontractors, their employees, or by an individual or entity for whose acts they are liable:
8.2.1 Claims under Workers' Compensation statutes or other disabiliry benefits statutes
applicable to the Construction Work;
8.2.2 Claims under applicable employer's liability statutes or laws for bodily injury,
occupational sickness, disease or death claims of the Design-Builder's employees,
8.2.3 Claims for bodily injury, sickness, disease, death or damages to persons not
employed by the Design-Builder;
8.2.4 Claims for personal injury disability for damages directly or indirectly related to the
person's employment by the Design-Builder;
8.2.5 Claims for damage to or destruction of tangible property;
8.2.6 Claims for bodily injury, death, or property damage resulting from motor vehicle
liability for motor vehicles used or operated by the Design-Builder; and
8.2.7 Claims for contractual liability involving the Design-Builder's obligations under the
indemnity provided in this Agreement.
8.2.8 Claims for loss of use of Owner's p�operty located at the Project site occurring
before Substantial Completion.
8.2.9 Claims for damage to boiler and machinery located at the Project site occurring
before Substantial Completion.
8.2.8 The Design-Builder's liability insurance policies shall be written for not less than
the following limits of liability:
Commercial General Liability Insurance:
(a) Each occurrence limit: $1,000,000
(b) General Aggregate: $2,000,000
(c) Products/Completed Operations Aggregate: $2,000,000
(d) Personal and advertising Injury Limit: $2,000,000
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Family Aquatic Center at Marine Park (December 2011)
Automobile Liability
$1,000,000 each accident on a combined single limit basis
Or
$250,000 Properly Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned.
Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 —1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000
each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per
disease per employee
8.2.9 Commercial General Liability Insurance may be arranged undera single policyfor
the full limits required or by a combination of underlying policies and an excess of umbrella liability
policy. The policy shall contain a provisions that coverage will not be cancelled or not renewed until
at least thirty (30) days prior written notice has been given to the Owner. Certificates of insurance
showing required coverage to be in force shall be filed with the Owner prior to commencement of the
Construction Work. Products and completed operations insurance shall be maintained for a
minimum period of one year after the date of Substantial Completion.
8.3 Professional Liabilitv Insurance. The Design-Builder shall obtain or require its Design
Consultants to obtain professional liability insurance for claims arising out of the negligent
performance of the professional services required under this Agreement. The professional liability
insurance shall be written for an amount not less than $2,000,000 per claim and in the aggregate,
with a deductible amount not to exceed $50,000. Such coverage shall be maintained for a period of
three (3) years following the date of final completion.
8.4 Builder's Risk Insurance. The Design-Builder shall obtain and maintain All Risk Builder's
Risk insurance for the Construction Work required under this Agreement. This insurance shall
include as named insureds the Owner and the Design-Builder. This insurance shall include all risk
insurance for physical loss or damage including without duplication of coverage, at least: theft,
vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, temporary
buildings, debris removal, testing, and demolition resulting from enforcement of any applicable legal
requirements.
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Family Aquatic Center at Marine Park (December 2011)
8.5 Additional Insurance Requirements.
8.5.1 The Owner, its officers, employees and servants shall be endorsed as an
additional insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
8.5.2 Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 1000 Throckmorton
Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project.
8.5.3 Any failure on part of the Owner to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
8.5.4 Each insurance policy shall be endorsed to provide the Owner a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten
days notice shall be acceptable in the event of non-payment of premium.
8.5.5 Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency.
8.5.6 Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the Owner.
8.5.7 Other than worker's compensation insurance, in lieu of traditional insurance,
Owner may consider alternative coverage or risk treatment measures through insurance pools or
risk retention groups. The Owner must approve in writing any alternative coverage.
8.5.8 Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the
Owner.
8.5.9 Owner shall not be responsible for the direct payment of insurance premium costs
for contractor's insurance.
8.5.10 Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage maintained by Owner
shall not be called upon to contribute to loss recovery.
8.5.11 In the course of the project, Contractor shall report, in a timely manner, to Owner's
officially designated contract administrator any known loss occurrence which could give rise to a
liability claim or lawsuit or which could result in a property loss.
8.5.12 Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
8.5.13 Upon the request of Owner, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
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Family Aquatic Center at Marine Park (December 2011)
8.6 Bonds and Other Performance Securitv.
8.6.1 The Design-Builder shall give the Owner surety in a sum equal to the amount of
the Lump Sum Price, as reduced by cost of the design services. The Design-Builder shall be
required to furnish bonds as follows. Aii bonds furnished hereunder shall meet the requirements of
Chapter 2253 of the Texas Government Code, as amended. In order for a surety to be acceptable
to the Owner, it must meet the requirements of V. A. T. S. Insurance Code, art. 7.19-1.
8.6.2 If the total Lump Sum Price as reduced by the cost of the design services is
$25,000 or less, payment to the Design-Builder shall be made in one lump sum. Payment shall not
be made for a period of 45 calendar days from the date the work has been completed and accepted
by the Owner.
8.6.3 If the total Lump Sum Price as reduced by the cost of the design services is in
excess of $25,000, a Payment Bond shall be executed in the amount of the contract solely for the
, protection of all claimants supplying labor and material in the prosecution of the work.
8.6.4 If the total Lump Sum Price as reduced by the cost of the design services is in
excess of $100,000, a Performance Bond shall be executed in the amount of the contract
conditioned on the faithful performance of the work in accordance with the plans, specifications, and
contract documents. Said bond shall solely be for the protection of the Owner.
8.6.5 A maintenance bond in the amount of 100% of the Lump Sum Price as reduced
by the cost of the design services to guarantee the work for a period of one (1) year after the date of
acceptance of the project from defects in workmanship and/or material.
8.6.6 No sureties will be accepted by the Owner that are at the time in default or delinquent
on any bonds or which are interested in any litigation against the Owner. Should any surety on the
contract be determined unsatisfactory at any time by the Owner, notice will be given to the contractor
to that effect and the contractor shall immediately provide a new surety satisfactory to the Owner.
8.7 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
8.7.1 Definitions:
8.7.1.1 Certification of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, orTWCC-84), showing statutoryworkers' compensation insurance coverage
for the person's or entity's employees providing services on a project, for the duration of the project.
8.7.1.2 Duration of the project includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and accepted by the
governmental entity.
8.7.1.3 Persons providing services on the project ("subcontractor" in §406.096) includes
all persons or entities performing all or part of the services the contractor has undertaken to perform
on the project, regardless of whether that person contracted directly with the contractor and
regardless of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any
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Family Aquatic Center at Marine Park (December 2011)
such entity, or employees of any entity which furnishes persons to provide services on the project.
"Services" inciude, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other services related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
8.7.2 Design Builder shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) or all employees of the Design-Builder
providing services on the project, for the duration of the project.
8.7.3 Design Builder must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
8.7.4 If the coverage period shown on the Design-Builder's current certificate of
coverage ends during the duration of the project, the Design-Builder must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
8.7.5 The Design-Builder shall obtain frorn each person providing services on a project,
and provide the governmental entity:
8.7.5.1 A certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file ce�tificates of coverage showing coverage for all persons
providing services on the project; and
8.7.5.2 No later than seven days after receipt by the Design-Builder, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
8.7.6 The Design-Builder shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
8.7.7 The Design-Builder shall notify the governmental entity in writing by certified mail
or personal delivery, within ten (10) days after the Design-Builder knew or should have known„ of
any change that materially affects the provision of coverage of any person providing services on the
project.
8.7.8 The Design-Builder shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a person may
verify coverage and report lack of coverage.
8.7.9 The Design-Builder shall contractually require each person with whom it contracts
to provide services on a project, to:
8.7.9.1 Provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the
duration of the project;
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Family Aquatic Center at Marine Park (December 2011)
8.7.9.2 Provide to the Design-Builder, priorto that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
8.7.9.3 Provide the Design-Builder, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
8.7.10 Obtain from each other person with whom it contracts, and provide to the Design-
Builder:
8.7.10.1 Provide a certificate of coverage, prior to the other person beginning work on the
project; and
8.7.10.2 A new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project. -
8.7.11 Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
8.7.12 Notify the governmental entity in writing by certified mail or personal delivery,
within ten (10) days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
8.7.13 Contractually require each person with whom it contracts, to perform as required
by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they
are providing services.
8.7.14 By signing this contract or providing or causing to be provided a certificate of
coverage, the Design-Builder is representing to the governmental entity that all employees of the
Design-Builder who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-
Insurance Regulation. Providing false or misleading information may subject the Design-Builder to
administrative, criminal, civil penalties or other civil actions.
8.7.15The Design-Builder's failure to comply with any of these provisions is a breach of
contract by the Design-Builder which entitles the governmental entity to declare the contract void if
the Design-Builder does not remedy the breach within ten days after receipt of notice of breach from
the goyernmental entity.
8.7.16 The Design-Builder 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 cove�age 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
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Family Aquatic Center at Marine Park (December 2011)
other language common to the worker population. The text for the notices shail 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 workers' 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".
ARTICLE 9- SUSPENSION AND TERMINATION OF THE AGREEMENT
9.1 Suspension by the Owner for Convenience. Owner may order Design-Builder in
writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time
as the Owner may determine to be appropriate for its convenience without additional compensation
to the Design-Builder. To the extent the time for performance of the Construction Work is impacted
by such suspension, delay or interruption an equitable adjustment shall be made in the Contract
Price and/or Contract Time. No adjustment shall be made if the Design-Builder is or otherwise
would have been solely responsible for the suspension, delay or interruption of the Construction
Work, or if another provision of this Agreement is applied to render an equitable adjustment.
9.2 Termination bv the Owner for Cause.
9.2.1 If Design-Builder persistently fails to perform any of its obligations under this
Agreement and fails within seven days after receipt of written notice from Owner of such failure to
commence and continue correction of such failure, then the Owner may undertake to perform such
obligations. The costs incurred by the Owner in performing such obligations may be deducted from
the Contract Price.
9.2.2 If Design-Builder fails to cure upon seven (7) days' written notice to Design-Builder
and Design-Builder's surety, Owner may, after seven days following receipt by the Design-Builder of
an additional written notice, terminate this Agreement for any of the following reasons:
9.2.2.1 If Design-Builder persistently utilizes improper materials and/or inadequately
skilled workers;
9.2.2.2 If Owner receives notice that the Design-Builder has not made proper payment to
laborers, material suppliers or Subcontractors, provided that the Owner has fully paid to the Design-
Builder in accordance with the terms of this Agreement, the payment sought by such laborers,
material suppliers or Subcontractor; or
9.2.2.3 If Design-Builder persistently fails to abide by the orders, regulations, rules,
ordinances or laws of governmental authorities having jurisdiction; or
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Family Aquatic Center at Marine Park (December 2011)
9.2.2.4 If Design-Builder is in breach of any other requirement of the Contract Documents.
9.2.3 Owner may terminate this Agreement for cause if Design-Builder files a petition
; under the Bankruptcy Code, and Design-Builder or the Design-Builder's trustee rejects the
Agreement or, if there has been a default, the Design-Builder is unable to give adequate assurance
that Design-Builderwill perform as required by this Agreement or otherwise is unable to complywith
' the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy
Code.
9.2.41n the event the Owner exercises its rights under Subparagraph 9.2.1 9.2.2 or
9.2.3, upon the request of the Design-Builder, the Owner shall provide a detailed accounting of the
obligations or work of the Design-Builder performed by Owner and the cost incurred by the Owner in
perForming such obligations or work.
9.3 Termination bv the Owner Without Cause. If Owner terminates this Agreement otherthan
as set forth in paragraph 9.2, then Owner shall pay Design-Builder for all work completed as of the
termination date (including any withheld retainage), plus all proven losses, costs or expenses
incurred in connection with demobilization and termination of the Construction Work. Design-Builder
shall not be entitled to any compensation for lost or anticipated profits.
9.4 Termination bv the Desiqn-Builder.
9.4.1 Upon seven (7) days' written notice to the Owner, the Design-Builder may
terminate this Agreement for any of the following reasons:
9.4.1.1 if the Work has been stopped for a sixty (60) day period;
9.4.1.2 if the Owner suspends the Work for sixty (60) days;
9.4.1.3 if the Owner fails to furnish reasonable evidence that sufficient funds are available
and committed for the entire cost of the Project; or
9.4.1.4 if the Owner has for seven (7) days failed to pay the Design-Builder pursuant to
Subparagraph 6.2.
9.4.2 Upon termination by the Design-Builder in accordance with paragraph 9.4.1, the
Design-Builder shall be entitled to recover payment from the Owner as if the Owner had terminated
this Agreement under paragraph 9.3. Design-Builder shall not be entitled to any compensation for
lost or anticipated profits.
ARTICLE 10 — MINORITY/WOMEN BUSINESS ENTERPRISE PARTICIPATION
10.1 The goals of eighteen percent (18°/a) for design and twenty-one percent (21 %) for
construction have been established for Minority and Women Business Enterprise (M/WBE)
participation in this Agreement. Design-Builder shall fully comply with all requirements of Owner of
Fort Worth Ordinance No. 15530 in meeting this established goal.
10.2 In accord with City of Fort Worth Ordinance No. 15530, Owner has goals for the
participation of minority business enterprises and woman business enterprises in Owner's contracts.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 23 of 25
Family Aquatic Center at Marine Parlc (December 2011)
Design-Builder acknowledges the M/WBE goal established for this contract and its commitment to
meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by Design-Builder may result in the termination of this agreement and
debarment from participating in Owner contracts for a period of time of not less than three (3) years.
ARTICLE 11 - MISCELLANEOUS
11.1 Notices. All notices required to be given under this Agreement shall be deemed delivered
when deposited in the United States mail, first class postage prepaid, addressed to the recipient at:
Design-Builder
X�CXX
XXXXX
CITY OF FORT WORTH
Architectural Services Manager
Facilities Management Group
Transportation and Public Works Department
401 West 13`h Street
Fort Worth, TX 76102
11.2 Conflict in Terms. In the event there is a conflict between the terms of this Agreement,
and any other Contract Document, the terms of this Agreement shall control over the other Contract
Documents.
11.3 Governinq Law. The laws of the State of Texas shall govern this Agreement and the
parties agree that any suit arising out of or relating to this Agreement shall be exclusively in Tarrant
County, Texas.
11.4 No Waiver of Performance. The failure of either the Owner or the Design-Builder to
insist, in any one or more instances, on the performance of any of the terms, covenants or
conditions of this Agreement, or to exercise any rights under this Agreement, shall not be construed
as a waiver or relinquishment of such term, covenant, condition or right with respect to further
performance.
11.6 Severability. The partial or complete invalidity of any one or more provisions to this
Agreement shall not affect the validity or continuing force and effect of any other provision.
11.7 Riqht to Audit.
11.7.1 Design-Builder agrees that Owner shall, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of the Design-Builder involving transactions
relating to this Agreement. Design-Builder agrees that the Owner shall have access during normal
working hours to all necessary Design-Builder facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this section.
Owner shall give Design-Builder reasonable advance notice of intended audits.
11.7.2 Design-Builder shall include in all its subconsultant agreements and subcontracts
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Family Aquatic Center at Marine Park (December 2011)
hereunder a provision to the effect that the subconsultant and/or subcontractor agree that the Owner
shail, until the expiration of three (3) years after final payment under the subcontract, have access to
and the right to examine and photocopy any directly pertinent books, documents, papers and
records of such subconsultant or subcontractor involving transactions to the sub-agreement, and
further, that Owner shall have access during normal working hours to all subconsultant or
subcontractor facilities, and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. Owner shall give subconsultants or
subcontractors reasonable advance notice of intended audits.
11.7.3 Design-Builder agrees to photocopy such documents as may be requested by
Owner, and further agrees to include such a provision in any subconsultant or subcontractor
agreement. Owner agrees to reimburse for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
11.8. Additional Compensation Anywhere in this Agreement where Design-Builder may be
entitled to additional compensation, the calculation to determine such additional compensation shall
not include any costs or expenses for any home-office overhead and expenses, and shall be limited
to the costs incurred at the Project site, examples of which include Project site trailer; Project site
utility costs, Project site supervision, Project Engineer (billed on hourly rate) and Project Manager
(based on hourly rate) and like Project site specific costs.
This Agreement is entered into effective as of the _ day of , 20_
ATTEST: CITY OF FORT WORTH
By:
City Secretary Assistant City Manager
Approved as to Form and Legality
Assistant City Attorney
M&C C-:
Authorization
Approval Recommended:
Director, Transportation & Public Works
DESIGN-BUILDER
�
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 25 of 25
Family Aquatic Center et Marine Park (December 2011)
City of Fort Worth, Texas
Transportation Public Works Department
Facilities Management Group/Architectural Services Division
GENERAI_ CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION
(DESIGN-BUILD)
SECTION A
DEFINITIONS, PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents
setting forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders,
Proposal, General Conditions, Special Conditions, Specifications, Plans, Bonds, Insurance and all Addenda, Amendments
signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Woric.
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 Design-Builder and the Owner, or Change Order, or by a written Field Order for a minor
change.
A-3 WORK. By the term Wor1c is meant all labor, supervision, materials and equipment necessary to be used or
incorporated in order to produce the construction required by Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals,
with all required attachments, including required bonds and insurance certificates, by the Design-Builder and the Owner in
such form as may be prescribed by law and returned to the Owner within ten business days of notification to the Design-
Builder. Failure to execute contracts and provide required enclosures would be grounds for revocation of award and
taking of Bid Bond.
A-5 FAMILIARITY WITH PROPOSED WORK. Before fifing a Proposal, the bidder shall examine carefully the,
plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. He shall
examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality
and quantity of work to be perfoRned and materials to be furnished. The filing of a bid by the bidder shall be considered
evidence that he has complied with these requirements and has accepted the site as suitable for the work.
Claims for additional compensation due to variations between conditions actually encountered in construction and as
indicated by the plans will not be allowed.
A-6 ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed
as a single unified Contract. The intention of the Contract Documents being to provide for all labor, supervision, materials,
equipment and other items necessary for the proper execution and completion of the Work. Words that have well-
recognized technicai 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 Design-Builder in dividing the work among Subcontractors or Trades.
A-8 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be
necessary fo� the proper execution or progress of the work. Such Interpretations shall be ftunished at the instance of the
Architect or at the request of the Design-Builder, or Owner, and will be issued with reasonable promptness and at such
times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the
purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute
between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract
Documents, the evaluation of work or materials performed or furnished by the Architect CMAR, or any subcontractor or
materialsman, or involving any question of fault or liability of any party, the decision of the Owner shall be final and
binding.
In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of
precedence: Change Orders and/or Field Orders (by date of issuance); Addencia (by date of issuance); Drawings; Notes
and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General
Conditions; and, Construction Contract.
A-9 COPIES OF WORKING ORAWINGS AND SPECIFICATIONS. The Architect will furnish to the Design-Builder
free of charge 15 sets of working Drawings and 15 sets of Specifications. Design-Builder shall pay the cost of
reproduction for all other copies of Drawings and Specifications furnished to him.
All Drawings, Speciflcations and copies thereof furnished by the Owner or the Architect are and shall remain the property
of the Owner. They are not to be used on any other project and, with the exception of one Contract set for each Party to
the Contract, are to be returned to the Owner on request at the completion of the work.
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A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth MWBE Program will
take precedence over other subcontractor utilization programs on Block Grant and other Federally funded Projects except
where federat guidelines are mandatory for funding. (DOT or EPA)
A-11 CORRELATION AND INTENT. In general, the drawings indicate dimension, locations, positions, quantities,
and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on
the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or
specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict
with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished
or included. Dimensio�s on drawings shall take precedence over small-scale drawings. Drawings showing locations of
equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in
the exact location shown. Relocation shall not occur without the Architects approval.
A-12 AGE In accordance with the policy ("Policy") of the Executive Branch of the federal government, Design-
Builder covenants that neither it nor any of its o�cers, 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 partici-
pants, 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 Design-Builder's and/or its
subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the
perFormance of this agreement.
A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Design-
Builder warrants that it and any and all of its subcontractors will not unlav�rfully 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 Design-Builder or any of its subcontractors. Design-Builder warrants it will fully comply
with ADA provisions and any other applicable federal, state and �ocal 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 Design-Builder's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning
disability discrimination in the performance of this agreement.
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION. Where the term "ArchitecY' is used in the "General Conditions of the Contract
for Construction", it shall refer to the Design-Builder's design Architect or Engineer.
B-2 DUTIES OF THE ARCHITECT As used herein, the term Architect means the Architect or his authorizetl
representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect
and the Design-Builder.
B-3 ARCHITECT AS REPRESENTATIVE OF THE DESIGN-BUILDER The Building Construction Manager will
provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative
of the Owner to the. extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will
be available for conferences and consultations with the Owner and the Design-Builder at all reasonab�e times.
B-4 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation
and progress.
The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to
determine if the work is proceeding in accorda�ce with the Contract documents. On the basis of on-site observations, the
Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects
and deficiencies in the Work of the Design-Builder. Based upon such observations and the Design-Builder's applications
for payments, the Building Construction Manager will make determinations and recommendations concerning the
amounts owing to the Design-Builder and will issue certificates for payment amounts.
B-5 INTERPRETATIONS. The Architect will be, in the first instance, the interpreter of the requirements of the Plans
and Specifications and the judge of the performance thereunder by the Design-Builder, subject to the final decision of the
Owner.
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B-6 MISCELLANEOUS DUTIES OF ARCHITECT.
Shoo Drawings. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and
submittal will be provided to the Owner by the Architect. Three copies will be returned to the Design-Builder.
Chanqe Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner
Guarantees. The Owner will receive all written guarantees and related documents required of the Design-Builder. Upon
completion of the project the Design-Builder shall provide the Owner five copies of each guarantee.
Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations
concerning the dates of substantial completion and final completion and issue the Certificate of Completion. The Architect
will conduct the final acceptance inspection.
Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation, operation,
and maintenance brochures and manuals required of the Design-Builder.
SECTION C
OWNER
C-1 IDENTIFICATION. By the tertn Owner is meant the City of Fort Worth acting herein by its duly authorized
representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City
Manager, the Director and of Transportation and Public Works Department and members of the Architectural Services
Division. Generally speaking a designated representative will be a Building Construction Manager identified from within
the Architectural Services 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 Design-Builder hereby covenants that he has
inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the
prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and
the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys.
The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner
will cooperate with the Design-Builder in the prosecution of the Work in such manner and to such extent as may be
reasonable and shall furnish information under its control with reasonable promptness at the request of the Design-
Builder.
C-3 INSTRUCTIONS. The Owner shall issue all instructions to the Design-Builder through the Building
Construction Manager.
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 Design-Builder 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 repotts concerning the progress and quality of the work, the Owner will approve and
authorize the Oesign-Builder's applications for payments.
C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reflect work that does not conform to the
Plans and Specifications. Whenever, i� its reasonable opinion, the Owner considers it necessary or advisable in order to
insure the proper realization of the intent of the Plans and Specifications, the Owner will have authority to require the
Design-Builder to stop the work or any portion thereof, or to require the Design-Builder to stop the Work or any portion
thereof, or to �equire special inspection or testing of the Work whether or not such Work be then fabricated, installed or
completed.
C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and the BCM that the Work is
substantially complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and
attended by representatives of the Architect, Owner and Design-Builder. Items identified during this inspection as being
incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704, which is
to be prepared and signed by the Design-Builder, and accepted, approved and signed by the Owner.
C-8 RIGHT TO AUDIT:
Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have
access to and the right to examine any directly pertinent books, documents, papers and records of the Design-Builder
involving transactions relating to this contract.
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Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor
agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and
the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving
transactions to the subcontract. The term "subcontracY' as used herein includes purchase orders.
Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Design-
Builder for the costs of copies at the rate published in the Texas Administrative Code.
SECTION D
DESIGN-BUI�DER
D-1 IDENTIFICATION OF CMAR ANO BASIC DUTIES. The Design-Builder is the person or organization identified
as such in the Contract. The term Design-Builder means the Design-Builder or its authorized representative. The term
Contractor is synonymous with Design-Builder in this performance of the design and construction portions of the Project.
The duties of the Oesign-Builder are as follows:
1. The Design-Builder shall contract with the Architect under a design phase service agreement, prior to
construction to analyze the ArchitecYs design, including the pians and specifications, to ensure the feasibility and
constructability of the Project design, and to assist in bringing the estimated construction cost of the Project within the
Construction Budget through value engineering, the selection of building systems and mate�ials, cost estimating,
scheduling, and other means, without adversely affecting the capacity and quality of the Project; and
2. The Design-Builder will propose a Guaranteed Maximum Price ("GMP") for the construction of the Project that is
within the Construction Budget after or during the completion of the design phase services.
3. The Design-Builder will serve as general contractor for the Project during the construction phase including the
selection of subcontractors and prompt payment to subcontractors and suppliers.
D-2 INDEPENDENT CONTRACTOR. Design-Builder shall perform all work and services hereunder as an
independent contractor, not as agent, or employee of the City. Design-Builder 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
Design-Builder 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 Design-Builder, its officers, agents and
employees, and the doctrine of respondeat superior shall not apply as between the City and the Design-Builder.
D-3 SUBLETTING. It is further agreed that the performance of this Contract, either in whole or in part, shall not be
sublet or assigned to anyone else by said Design-Builder without the written consent of the Director of Transportation and
Public Works of the City of Fort Worth.
D-4 REVIEW OF CONTRACT DOCUMENTS. The Design-Builder shall carefully study and compare the
Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at once repo�t to
the Owner any error, inconsistency or omission he may discover. The Design-builder shall do no work without Drawings,
Specifications and Interpretations.
D-5 SUPERVISION. The Design-Builder shall supervise and direct the Work, using his best skill and attention. He
shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for
coordinating all portions of the Work under the Contract Documents.
D-6 �ABOR AND MATERIALS. Unless otherwise specifically noted, the Design-Builder shall provide and pay for
all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and
other facilities and services necessary fo� the proper execution and completion of the Work.
The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The
general condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or
materialmen from outside local area.
The Design-Builder shall at all times enforce strict discipline and good order among his employees, and shall not empioy
on the Work any unfit person or anyone not skilled in the task assigned to him.
D-7 PREVAILING WAGE RATE. The Design-Builder agrees to pay not less than the general prevailing rate of per
diem wages for Work of a similar character in the locality in which the Work is performed, and not less than the general
prevailing wage of per diem wages for a legal holiday and overtime work to all laborers, workmen and mechanics
employed on the Work under this Contract. The Design-Builder agrees to pay at least the minimum wage per hour for all
labor as the same is classified and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made
a part hereof the same as if it were copies verbatim herein. On projects where special wage rates apply (e.g. Davis-
Bacon) the Design-Builder agrees to meet all requirements of such programs.
D-8 WARRAN7'Y. The Design-Builder warrants to the Owner that all materials and equipment furnished under this
Contract will be new unless othervvise specified, and that all work will be of good quality, free from faults and defects, and
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in conformance with the Contract Documents. All work not so conforming to these standards may be considered
defective. If required by the Owner, the Design-Builder shall furnish satisfactory evidence as to the kind and quality of
materials and equipment.
The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided
by law or the Contract Documents.
D-9 TAXES. The Design-Builder is exempt from State Sales Tax on material incorporated into the finished
construction, Excise and Use Tax.
D-10 LICENSES NOTICES AND FEES. The Design-Builder shall obtain all Permits, Licenses, Certificates, and
Inspections, whether permanent or temporary, required by law or these Contract Documents. Fees for Permits, Licenses,
Certificates and Inspections performed by other departments of Owner are waived.
The Design-Builder shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any
public authority bearing on the performance of the Woric. If the Design-Builder 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 Design-Builder 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 Design-Builder will assume full responsibility therefore and bear all costs attributable thereto.
D-11 SUPERINTENDENT. The Design-Builder shali 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 Design-Builder and the-Owner. The superintendent shall represent the Design-Builder and all communications given
to the superintendent shall be binding as if given to the Design-Builder. Important communications will be confirmed in
writing. Other communications will be so confirmed on written request in each case.
D-12 RESPONSIBII.ITIES FOR EMPLOYEES AND SUB-CONTRACTORS. The Design-Builder shall be
responsible to the Owner for the acts and omissions of all his employees and all sub-contractors, their agents and
employees, and ali other persons performing any of the Work under a contract with the Design-Builder.
D-13 FAI�URE TO COMMENCE WORK: Should the Design-Builder fail to begin the work herein provided for within
the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said
Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take
over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work
in such a manner as it may deem proper, and if, i� 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 Design-Builder and/or its
Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,
said excess cost.
D-14 PROGRESS SCHEDU�E. The Design-Builder, immediately after being awarded the contract, shall prepare
and submit for the Building Construction Manager's approval, an estimated progress schedule for the Work. The progress
schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the
various states of construction and shall be revised as required by the conditions of the Work, subject to the Building
Construction Manager's approval. It shall also indicate the dates for submission and approval of shop drawings and
submittals as well as the delivery schedule for major pieces of equipment and/or materials.
The Design-Builder shall submit an updated progress schedule to the Building Construction Manager at least monthly for
approval along with the Oesign-Builder's monthfy progress payment requests.
D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE. The Design-Builder shall maintain at the site for the
Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes
and Amendments in good order and marked to record all changes made during construction. The Drawings, marked to
record all changes made during construction, shall be delivered to the Owner upon completion of the Work. The Architect
will prepare, and provide to the Owner, one complete set of reproducible record drawings of the work.
D-16 SHOP DRAWINGS AND SAMP�ES. Shop Drawings are drawings, diagrams, illustrations, schedules,
performance charts, brochures and other data which are prepared by the Design-Builder or any Subcontractor,
manufacturer, supplier o� distributor, and which illustrate some portion of the Work.
Samples are physical examples furnished by the Design-Builder to illustrate materials, equipment or workmanship, and to
establish standards by which the Work will be judged.
The Oesign-Builder shall review, stamp with his approval and submit, with reasonable promptness and in orderly
sequence so as to cause no delay in the Work or in the work of any other Design-Builder, normally within the first 90 days
of the work, six copies of all shop Drawings and Samples required by the Contract Documents or subsequentiy by the
Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified.
At the time of submission the Design-Builder shall inform the Architect and Owner in writing of any deviation in the Shop
Drawings or Samples from the requirements of the Contract Documents.
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By approving and submitting Shop Drawings and Samples, the Design-Builder thereby represents that he has determined
and verified all field measurements, fieid construction criteria, materials, catalog numbers and similar data, and that he
has checked and coordinated each shop drawing given in the Contract Documents.
The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay,
but only for conformance with the design concept of the Project and with the information given in the Contract Documents.
The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions.
The Design-Builder shall make any corrections required by the Architect and shall resubmit the required number of
corrected copies of Shop Drawings or new Samples until approved. The Design-Builder shall direct specific attention in
writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous
submissions.
The ArchitecYs approval of Shop Drawings or Samples shall not relieve the Design-Builder of responsibility for any
deviation from the requirements of the Contract Documents unless the Design-Builder has informed the Architect in
writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation.
Architect's approval shall not relieve the Design-Builder from responsibility for errors or omissions in the Shop Drawings or
Samples.
No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has
approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples.
D-17 SITE USE. The Design-Builder shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until _.
acceptance of the work by the City Council of the City of Fort Worth, the entire site of the Work shall be under the
exclusive controi, care and responsibility of the Design-Builder. The Design-Builder shall take every precaution against
injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Design-
Builder shall rebuild, repair, restore, and make good at his own expenses all injuries or damages to any po�tions of the
Work occasioned by any of the above, caused before acceptance.
D-18 CUTTING AND PATCHING OF WORK. The Design-Builder shall do all cutting, fitting or patching of his Work
that may required to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating
or otherwise altering the Work or any part of it.
D-19 CLEAN UP. The Design-Builder at all times shall keep the premises free from accumulation of waste materials
or rubbish. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project
as well as ali, his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and
leave the Work "Broom-clean" or its equivalent, except at otherwise specified. In addition to removal of rubbish and
leaving the buildings "broom-clean", Design-Builder shall clean all glass, replace any broken glass, remove stains, spots,
marics and dirt from decorated work, c�ean hardware, remove paint spots and smears from all surfaces, clean fixtures and
wash all concrete, tile and terrazzo floors.
If the Design-Builder fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Design-Builder.
D-20 COMMUNICATIONS. As a general rule, theDesign-Builder shall fotward all communications to the Owner.
D-21 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS. The Design-Builder shall observe
and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants
Management as outlined in the Supplemental Conditions contained in the Project Manual.
SECTION E
SUBCONTRACTORS
E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the Design-Builder to
perform any of the Wotic 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 Design-Builder shall comply with requirements of the Section 271.118 and
Chapter 252, Texas Local Government Code, in advertising and awarding contracts to subcontractors. Owner shall
comply with the requirements of Section 271.118(j), Texas Local Government Code.
Design-Builder must publicly advertise and solicit competitive bids or competitive sealed proposals for all major elements
of work other than the General conditions. To Self-Perform work, the Design-Builder must submit a bid or proposal in the
same manner as trade subcontractors.
Design-Builder will provide Owner full access to the results of all bid solicitations prior to the award of any subcontract.
Owner shall have the right to reject the use of any subcontractor found objectionable. If a rejected subcontractor is the
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low, qualified bidder the GMP shali be adjusted upwards by an amount equal to the difference between the bid amount of
the subcontractor receiving the award and the bid amount of the rejected subcontractor.
The Design-Builder shall not make any substitution for any Subcontractor or person or organization that has been
accepted by the Owner, unless the substitution is also acceptable to the Owner. The Design-builder shall not be entitled
to any adjustment in the GMP based on a Design-Builder initiated substitution.
E-3 TERMS OF SUBCONTRACTS. All work performed for the Design-Builder by a Subcontractor shall be
pursuant to an appropriate agreement between the CMAR and the Subcontractor (and where appropriate between
Subcontractors and Sub-subcontractors) which shall contain provisions that:
1. Preserve and protect the rights of the Owner 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 Oesign-Builder of applications for payment under each subcontract to which the Desin-
Builder is a party, in reasonable time to enable the Design-Builder to apply for payment;
4. Require that all claims for additional costs, extensions of time, damages for delays or otherv✓ise with respect to
subcontracted portions of the Work shall be submitted to the Design-Builder (via any Subcontractor or Sub-
subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Design-
Builder upon the Owner;
5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils
covered by the property insurance, except such rights, if any, as they may have to proceeds of such insurance held
by the Owner, and,
6. Obligate each Subcontractor specifically to consent to the provisions of this Section
All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every
subcontract shall be so construed and applied as to the Owner, whether or not such provisions are physically inciuded in
the Subcontract.
E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE1. Should the base fee be less than $25,000,
the requirements of this section do not apply.
General: The Design-Builder shall submit a M/WBE participation level as a part of its response to the Owner's Request
for Proposals on the project. The agreed upon MM/BE participation levei will be stipulated in the contract agreement.
During Construction: Design-Builder shall provide copies of subcontracts or cosigned letters of intent with approved
MNVBE subcontractors prior to issuance of the Notice to Proceed for the construction ahase. Design-Builder shall also
provide monthly reports on utilization of all (inclusive of non-M/WBEs) the subcontractors to the to the City's M/WBE
Office. Upon request, Design-Builder must provide the City with complete and accurate information regarding actual work
performed by a M/WBE on the contract and proof of payment thereof. Design-Builder further agrees to permit an audit
andlor examination of any books, records or files in iYs possession that will substantiate the actual work performed by an
MNVBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the
Design-Builder will be grounds for tertnination of the contract and/or initiating action under appropriate federal, state, or
local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent
misrepresentation) andlor commission of fraud will result on the Design-Builder being determined to be irresponsible and
barred from participating in City work for a period of time of not less than three years.
The Design-Builder may count any tier subcontractors andlor suppliers toward meeting the goals. The Design-Builder
may count toward its goa� a portion of the total dollar amount of the contract with a joint venture equal to the percentage of
the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All Subcontractors
used in meeting the goal must be certified prior to the completion of the Design-Builders contract.
Before final payment from the Ciry, the Design-Builder shall provide the M/WBE O�ce with documentation to reflect final
participation of each M/WBE subcontractor and supplier used on the project. Upon verification by the MlWBE Office that
the Design-Builder has fulfilled it's MWBE commitment with bona fide M/WBEs performing commercially useful functions.
E-5 PAYMENTS TO SUBCONTRACTORS. The Design-Builder shall pay each Subcontractor, upon receipt of
payment from the Owner, an amount equal to the percentage of completion allowed to the Design-Builder on account of
such Subcontractor's Work. The Design-Builder 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 Design-Builder and not the
fault of a particular subcontractor, the Design-Builder shall pay that Subcontractor on demand, made at any time after the
Certificate for Payment would othervvise have been issued, for his Work to the extent completed, less the retained
percentage.
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Marine Park Pool and Bath House, Phase Two RFP (December 2011)
The Design-Builder shall pay each Subcontractor a just share of any insurance monies received by the Design-Builder,
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 Design-Builder on account of Work done by such Subcontractors.
E-6 SUBCONTRACTOR REQUIREMENTS FOR FEDERALLY FUNDED PROJECTS
Each subcontractor must agree to compiy with all applicable Federal, State, and local requirements in addition to those
set forth in this section.
No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the
listing of Design-Builder's debarred, ineligible, suspended or indebted to the United States from contractual dealings with
Federal government departments. The work performed by any such Design-Builder or Subcontractor will be ineligible for
reimbursement who�ly or partially from EDA grant fluids.
All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive
Order 11246.
All subcontracts must contain a nondiscrimination clause.
Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts.
Each subcontractor must. submit weekly each weekly payroll record and a weekly statement of compliance. These
documents will be submitted to the prime Design-Builder who will compile them and submit to the Ciry. The subcontractor
can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347
Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local
labor to the maximum extent possible.
All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract
or purchase order of $50,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of
each year.
Subcontractors perfoRning work in areas covered by published goals for minorities will be required to report monthly on
Form CG257.
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 Design-Builder" in the Contract
Documents in each case shall be the Design-builder who signs each separate contract.
F-2 MUTUAL RESPONSIBIIITY OF DESIGN-BUILDERS. The Design-Builder shall afford other Design-Builders
reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work,
and shall properiy connect and coordinate his work with theirs.
If any part of the Design-Builder's Work depends for proper execution or results upon the work of any other separate
Design-Builder, the Design-Builder 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 Design-Builder to inspect and
report shall constitute an acceptance of the other Design-Builder's work as fit and proper to receive his Work, except as
to defects which may develop in the other separate Design-Builder's work after the execution of the Design-Builder's
Work.
Should the Design-Builder cause damage to the work or property of any separate Design-Builder on the site, the Design-
Builder shall, upon due notice, settle with such other Design-Builder by agreement, if he will so settle. If such separate
Design-Builder sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the
Design-Builder who shall defend against such suit at theDesign-Builder's expense, and if any judgment against the Owner
arises therefrom, the Design-Builder 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 Design-Builder 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 Design-Builders shown
in the Contract Documents. The Design-Builder shall not endanger any work or any other Design-Builders by cutting,
excavating or otherwise altering any work and shall not cut or alter the work of any other Design-Builder except with the
written consent of the Architect.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefore.
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F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate Design-Builders as to their
responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several Design-Builders as the
Director of the Department of Transportation and Public Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS. The law of the place where the site is located shall govern the Contract. The Design-
Builder 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.
G2 GOVERNWG 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 Design-Builder 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 personai liability by virtue of such performance hereunder,
except for gross negiigence or willful wrong. _.
G-4 COMPLIANCE WITH LAWS. Design-Builder agrees the comply with all laws, Federal, state and local,
including all ordinances, rules and regulations of the City of Fort Worth, Texas. Materials incorporated into the finished
Project are not subject to State Sales Tax.
Contractors are responsible for obtaining construction permits from the governing agencies. Design-Builder shall
schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a
copy of updated schedule to the Construction manager weekly. Building, plumbing, electrical and mechanical building
permits are issued without charge. Water and sewer access fees will be paid by the City. Any other permit fees are the
responsibility of the Design-Builder.
G-5 INDEMNIFICATION: Design-Builder covenants and agrees to indemnify City's engineer and architect, and their
personnel at the project site for Design-Builder's sole negligence. In addition, Design-Builder covenants and agrees to
indemnify, hold harmless and defend, at its own expense, the Owner, its o�cers, servants and employees, from and
against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or
alleged to arise out of, the work and services to be performed hereunder by Design-Buiider, its officers, agents,
employees, subcontractors, licensees or invitees, whether or not anv such iniurv, damape or death is caused, in
whole or in part, bv fhe negliqence or alleqed neqlipence of Owner. its officers, servants, or emplovees. Design-
Builder likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to
Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the
performance of any of the terms and conditions of this Contract, whether or not anv such iniury or damaqe is caused
in whole or in part bv fhe nepliqence or alleqed nepliqence of Owner, its o�cers, servants or emplovees.
In the event Owner receives a written claim for damages against the Design-Builder or its subcontractors prior to final
payment, final payment shall not be made until Design-Builder either (a) submits to Owner satisfactory evidence that the
claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Design-
Builder's liability insurance carrier that the claim has been referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Design-
Builder against whom a claim for damages is outstanding as a result of work performed under a City Contract.
G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2, this contract shall be binding upon and
insure to the benefit of the parties hereto, their Successors or Assigns. Design-Builder shall not assign or sublet all or any
part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported
assignment or subletting without the prior written consent of Owner shall be void.
G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the
individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by
registered or certified mail to the last business address known to him who gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000. The Design-Builder
agrees, on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety
bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for
labor and/or materia�s furnished in the prosecution of the work, such bonds being as provided and required in Article 5160
of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds
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Marine Park Pool and Bath House, Phase Two RFP (December 2011)
shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized
to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth.
Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly
executed by both the Design-Builder and the Surety Company. Bonds required by the City shall be in compliance with all
relevant locai, state and federal statutes.
In order for a surety to be acceptable to the Owner, the surety must (1) hold a certificate of authority from the
United states secretary of the treasury to qualify as a surety on obligations permitted or required under federal
law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized
and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United
States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law.
Satisfactory proof of any such �einsurance shall be provided to the Owner upon request. The Owner, in its sold
discretion, will determine the adequacy of the proof required herein.
Nor sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are
interested in any litigation against the owner. Should any surety on the contract be determined unsatisfactory at
any time by the Owner, notice will be given to the Design-Builder to that effect and the Design-Builder shall
provide a new surety satisfactory to the Owner.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the Design-Builder 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 Oesign-Builder the cost
of correcting such deficiencies, including the cost of the ArchitecYs additional services made necessary by such default,
neglect or failure. If the payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the
Contract shall pay the difference to the Owner.
G-10 ROYAITIES AND PATENTS. The Design-Builder 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 Design-Builder has reason to believe that the design, process or product
specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to
Owner.
G-11 TESTS. If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority
having jurisdiction require any Work to be inspected, tested or approved, the Design-Builder shall give the Owner timely
notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The
Owner shall bear all costs of such inspection, tests and approvals �nless 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, upon written authorization from the Owner, will instruct the Design-Builder to
order such special inspection, testing or approval, and the CMAR 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 Design-Builder shall bear all costs thereof, including the Architect's
additional services made necessary by such costs; otherwise the Owner shall bear such costs, and an appropriate
Change Order shall be issued.
The Owner will secure certificate of inspection, testing or approval. The Owner will provide one copy to the Design-
Builder.
If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptiy and,
where practicable, at the source of supply.
Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections,
tests or approvals by persons other than the Design-Builder shall relieve the Design-Builder from his obligations to
perform the Work in accordance with the Contract Documents.
G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES. The Design-Builder shall perform the work under this
Contract with a minimum of outage time for ail utilities. Interruption shall be by approved sections of the utility. In some
cases, the Design-Builder may be required to perforrn 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
Design-Builder 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 senrice from the existing utility, an interruption may not be subject to schedule at the time desired
by the Design-Builder. 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 Design-Builder of existing utility services shall be as approved
by the Owner.
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G-13 LAYING OUT WORK. The Design-Builder shall verify dimensions and elevations indicated in layout of existing
work. Discrepancies between Drawings, Specifications, and existing conditions shali be referred to Architect for
adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Design-
Builder to carry out work in satisfactory workmanlike manner at the Design-Builder's sole expense.
The Design-Builder shall be held responsible for the location and elevation of all the construction contemplated by the
Construction Documents.
Prior to commencing work, the Design-Builder shall carefully compare and check all Architectural, Structural, Mechanical
an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him,
and should any discrepancy be found, he shall immediately report the same to the Architect for verification and
adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be
done at the Design-Builder's sole expense.
G-14 MEASUREMENTS: Before ordering any material or doing any work, the Design-Builder shall verify all
measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge
or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the
drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before
proceeding with the project.
G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The Design-Builder shall carefuily 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 Design-Builder's sole expense.
Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown
on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or
not shown on the Drawings.
Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be
regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent
areas.
G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shali be the responsibility of the Design-Builder to make
certain in the installation of jointed floor, wall and ceiling materials that:
1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be
performed under the subcontract so that the subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks in the structure and be symmetricaily placed wherever possible. This
includes heating registers, light fixtures, equipment, etc.
If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish
the above, the Design-Builder shall request the Architect to determine the most satisfactory arrangement. The Design-
Builder sha�l establish centerlines for all trades.
G-17 INTEGRATING EXISTING WORK. The Design-Builder 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 Design-Builder not to
disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored to
its original condition at no cost to the Owner.
G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly
stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The
Design-Builder 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 Desig�-Builder shall verify that components containing lead do not contact the potable water supply.
G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment, piping, ductwork, etc. are
diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs,
it shall be brought to the ArchitecYs attention immediately and the relocation determined in a joint conference. The
Design-Builder will be held responsible for the relocating of any items without first obtaining the ArchitecYs approval. He
shall remove and relocate such items at his own expense if so directed by the Architect. Where possible uniform margins
are to be maintained between parallel lines and or adjacent wall, floor or ceiling surfaces.
G-20 OVERLOADING. The Design-Builder shall be responsible for loading of any pa�t or parts of structures beyond
their safe carrying capacities by placing of materials, equipment, tools, machi�ery or any other item thereon. No loads
shall be piaced on floors or roofs before they have attained their permanent and safe strength.
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G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products,
processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or
specifications, or words to this effect, it shall be construed to mean that said application or installation shall be in strict
accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions
similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and his approval thereof
obtained before work is begun.
G-22 CLEANING UP. The Design-Builder shall keep the premises free from accumulation of waste material or
rubbish caused by employees or as a result of the work.
At completion of work, the General Design-Builder shall, immediately prior to final inspection of complete building, execute
the following final cleaning work with trained janitorial personnei and with material methods recommended by the
manufactures of installed materials.
1. Sweep and buff resilient floors and base, and vacuum carpeting.
2. Dust all metal and wood trim and similar finished materials.
3. Clean all cabinets and casework.
4. Dust all ceilings and walls.
5. Dust, and if necessary wash, all plumbing and electrical fixtures.
6. Wash all glass and similar non-resilient materials.
7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated
work shall be cieaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed
throughout the buildings. Surfaces that are waxed shall be polished.
8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similar to
interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and
unbroken, hardware shall be clean and polished, all required repair work shall be completed and dirt areas shall be
scraped and cleared of weed growth.
9. Clean ail glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave
the work bright, clean and polished. Cost of this cleaning work shall be borne by Design-Builder.
10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the
Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the
Contract.
11. Burning: Burning of rubbish on the premises will not be permitted.
G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any
operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed
by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to
control the dust.
G-24 FIRE PROTECTION. TheDesign-Buiider shall at all times maintain good housekeeping practices to reduce the
risk of fire damage or injury to workmen. All scrap materials, rubbish and trash shall be removed daily from in and about
the building and shall not be permitted to be scattered on adjacent property.
Suitable storage space shall be provided outside the immediate building area for storing flammab�e materials and paints;
no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in
closed metal container and removed from the building during unused periods.
A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas
welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage
due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods
when other workmen are not on the premises.
The Design-Builder shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10
and 241. However, i� all cases a minimum of two fire extinguishers shall be available for each floor of construction.
G-25 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated, such
work shall be neatly sawed or cut by Design-Builder 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.
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At no time shall any structural members be cut without written consent from the Architect.
G-26 PROJECT CLOSEOUT.
Final Insaection, Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and
Final Payment".
Maintenance Manua�: Sheets shali be 8%:" x 11 ", except pull out sheets may be neatly folded to 8%z " x 11". Manuals
shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain:
1) Name, address and trade of all sub-contractors.
2) Complete maintenance instructions; name, address, and telephone number of installing CMAR, manufacturer's local
representative, for each piece of operative equipment.
3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan,
electrical panels, service entrance equipment and light fixtures.
4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, other
materials.
Submit six copies of Maintenance Manual, prior to request for final payment.
Operational Inspection and Maintenance Instruction: The Design-Builder shall provide at his expense, competent
manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the
Drawings and Specifications. This requirement shali be scheduled just prior to and during the initial start up. After all
systems are functioning properly the representatives shail instruct maintenance personnel of the Owner in the proper
operation and maintenance of each item.
G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment,
guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors
and submitted through the Design-Builder to Architect. Delivery of guarantees shall not relieve Design-Builder from any
obligation assumed under Contract.
The Design-Builder shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain
portions of work, are for longer periods, General Design-Builder'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 Design-Builder agrees to warrant his work and materials provided in accordance with this contract and the terms of
the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the
manufacturers normal extended warrantees, the Design-Builder shall warrant all work materials, and equipment against
defects for a period of one year from the date of final acceptance. The Design-Builder 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 Design-Builder, the
Design-Builder further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such
items back to at least their original condition.
G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment, one print of
each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Design-Builder to
show variations between the construction actually provided and that indicated or specified in the Contract Documents.
The annotated documents shall be delivered to Architect. Where a choice of materials and/or methods is permitted herein
and where variatio�s in the scope or character of the work from the entire work indicated or specified are permitted either
by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall
define the construction actually provided. The representation of such variations shall conform to standard drafting practice
and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of
the actual construction. The record drawings shall indicate, in addition, the actual location of all sub-surface utility lines,
average depth below the surface and other appurtenances.
G-29 CONSTRUCTION FENCE. At the Design-Builder's option, he may provide a substantial chain-link construction
fence around all or a part of the site. The fences and gates must be maintained throughout the construction period.
Remove the fences and gates upon completion of the Project and restore the site to the required original or contract
condition.
G-30 PRODUCT DELIVERY STORAGE MANDLING. The Design-Builder shall handle, store and protect materials
and products, including fabricated components, by methods and means which will prevent damage, deterioration and
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Marine Park Pool and Bath House, Phase Two RFP (December 2011)
loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control
delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation.
G-31 REMOVAL OF SA�VAGED MATERIAL. The CMAR 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 carefuily removed and delivered to the Owner at any location in within the City limits as directed
by the City.
G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not
restrictive. Bids on brands of like nature and quality will be considered. Design-Builder shall inform the City of any
substitutions intended for the Project within 5 business days of bid opening. Failure to inform the City of substitute
projects will obligate the Design-Builder to provide the specified material if awarded the contract. Within 14 days after bid
opening and upon request of the Design-Builder, the Design-Builder will submit a full sized sample and/or detailed
information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment
has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment.
SECTION H
CONTRACT TIME
H-1 DEFINITIONS.
The Contract Time.is the period of time aliotted 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 substanUa6.Completion plus additional
days assessed for failure to complete punch list items from the Final Inspection in a timely manner
The date of commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed,
it shall be the date of the Agreement or such other date as may be established therein.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the
approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the
Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the
completed work or any portion thereof can be made only by the Assistant City Manager, and no other form of acceptance
will be binding upon the Owner.
A calendar day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of
whether a"Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An
extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the
Building Construction Manager with final approval by Ciry 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 Design-Builder 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 CMAR from working on Saturdays if he so desires. Legal holidays are defined as being New
Year's Day, independence Day, �abor Day, Thanksgiving Day, Christmas Day, Memorial Day, and Veteran's Day.
H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the
Contract.
The Design-Builder shall begin the Woric on the date of commencement as defined in this Section. He shall carry the
Work forward expeditiously with adequate forces and shall complete it within the Contract Time.
H-3 DELAYS AND EXTENSIONS OF TIME. If the Design-Builder 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 Design-Builder employed
by the Owner, or by changes ordered in the Wor1c, or by labor disputes, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond the Design-Builder's control, then the contract time may be extended by Change Order
for such reasonable time as recommended and approved by the Owner. When the Design-Builder is delayed due to
abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the
basis for providing a fair and equitable adjustment of the contract time.
All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of
the delay; otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim
for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for
them, and not then unless such a claim is reasonable.
H-4 NO DAMAGE FOR DELAY. No payment, compensation or adjustment or any kind (other than the extensions
of time provided fo�) shall be made to the Design-Buildec 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 Design-Builder agrees
General Conditions for Facility Construction (Design-Build) Page 14 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
that he wiil make no claim for compensation, damages or mitigation of liquidated damages for any such delays, and will
accept in full satisfaction for such delays said extension of time.
SECTION i
PAYMENTS AND COMPLETION
I-1 GUARANTEED MAXIMUM PRICE AND CMAR FEE. The Guaranteed Maximum Price ("GMP") as stated in the
contract Documents is the maximum amount potentially payable by the Owner to the Design-Builder for the construction
of the Work. The Design-Builder will be reimbursed for the actual cost for the construction including burdens up to the
amount of the GMP. He will also be paid a management fee according to the following schedule:
a. 20% of fee upon execution of the Design-Builder Agreement
b. 50% of the fee during the constn.iction in proportion to the value of work completed.
c. Up to 30 % of the fee upon acceptance of work and issuance of Certificate of Occupation. The amount of the
fee authorized for payment will be in proportion to the percentage of contracted M/WBE participation realized
during the project. (See schedule at E-4) .
1-2 SCHEDULE OF VALUES. Before the first Application for Payment, the Design-Builder shall submit to the
Building Construction Manager a Schedule of Values of the various portions of the Work, including quantities if required
by the Building Construction Manager, aggregating the total Contract Sum, divided so as to facilitate payments to
Subcontractors, prepared in such form as specified or as the Building Construction Manager and the Design-Builder may
agree upon, and supported by such data to substantiate its correctness as the Building Construction Manager may
require. Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when
approved by the Owner, shall be used as a basis for the Design-Builder's Applications for Payment.
I-3 ADJUSTMENT OF QUANTITIES.
I-4 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed, the
Design-Builder will make current estimates in writing for review by the Owner of materials in place complete and the
amount of work performed during the preceding month or period and the value thereof at the prices contracted for as
shown on the approved Schedule of Values and Progress Schedule.
If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitab�y
stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the
Design-Builder of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such
materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the
' site.
The Design-Builder warrarits and guarantees that title to all Work, materials and equipment covered by an Application for
,Payment, whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the
', Design-Builder, free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens'; and
that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Design-
Builder, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work,
subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or othervvise
imposed by the Design-Builder or such other person.
The Design-Builder shall prepare each application for payment on AIA Document G702, "Application and Certificate for
PaymenY', and attached thereto AIA Document G703, "Continuation SheeY', to indicate the progress made to date and the
period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised
monthly work progress schedule must be attached before the pay request can be accepted.
I-5 CERTIFICATES FOR PAYMENT. If the Design-Builder has made Application for Payment as above, the
Owner will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a
Certificate of Payment, with a copy to the Design-Builder, for such amount determined to be properly due, or state in
writing reasons for withholding a Certificate.
The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the Building
Construction Manager's observations at the site and the data comprising the Appiication for Payment, that the Work has
progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests
required by .the Gontract Documents, to minor deviations from the Contract Documents correctable prior to comp�etion,
and to any specific qualifications stated in the Certificate); and recommendations to the Owner that the Design-Builder be
paid in the amount certified.
The Owner shall approve or disapprove the Application for Payment within ten days after it has been delivered to the
Director of the Department of Transportation and Public Works. For contracts less than $400,000, Owner shall pay 90% of
the approved estimate to the CMAR within seven days after its approval, and the remaining 10% of each such estimate
will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City
of Fort Worth. For contracts in excess of $400,000, the Owner will retain only 5% of each estimate until the final estimate
is approved and work accepted by the City Council of the City of Fort Worth.
General Conditions for Facility Construction (Design-Build) Page 15 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project
by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the
Design-Builder of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Design-
Builder shali promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall
appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified.
I-6 PAYMENTS WITHHELD. The Building Construction Manager may decline to approve an Application for
Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to
the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or,
because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any
Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from
loss because of:
1) Defective work not remedied;
2) Claims filed or reasonable evidence indicating probable filing of claims;
3) Failure of the Design-Builder to make payments properly to Subcontractors, or for labor, materials or equipment;
4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
5) Damage to another Design-Builder;
6) Reasonable indication that the Work will not be completed within the Contract Time; or
7) Unsatisfactory prosecution of the Work 6y the Design-Builder.
When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of
them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the
Design-Builder fails to perform the Work in accordance with the specifications.
I-7 Not used
I-8 LIQUIDATED DAMAGES: The deduction for liquidated damages for this project is $5,000.00 per calendar
day.
I-9 FAILURE OF PAYMENT If, without fault on the part of the Design-Builder, the Building Construction Manager
should fail to issue any Certificate for Payment within seven days after receipt of the Design-Builder's Application for
Payment, or if, without fault on the part of the CMAR, the Owner should fail to approve such estimate or to pay to the
CMAR 90% or 95% (as applicable) of the amount thereof within the period of time specified, then the Design-Builder may,
upon seven (7) days additional provide written notice to the Owner, stop the Work until payment of the amount owing has
been received.
I-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT
Prior to the request for fina� payment, the Design-Builder must meet all provisions for Project Closeout.
When the Design-Builder determines that the Work is substantially complete, the Building Construction Manager shall
inspect the project with the Design-Builder and prepare a"Preliminary Punch LisY'.
When the Building Construction Manager, on the basis of a subsequent inspection, determines that the Work is
substantially complete, he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the
Owner, shall allow the Design-Builder to request a Certificate of Occupancy which will establish the Date of Substantial
Completion. The Certificate of Final Completion shall state the responsibilities of the Owner and the Design-Builder for
maintenance, heat, utilities, and insurance, shall set forth the remaining work as a"final punch list". The Design-builder
shall complete the remaining work listed therein within 60 calendar days. When the Certificate of Occupancy has been
issued, the retainage will be reduced to 4%.
Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the retainage may be
reduced to 2.5%.
Should the Design-Builder fail to complete all contractual requirements of the contract, including submittals and final pay
request within the fixed time, the contract time will again commence. Should the Design-Builder fail to complete the work
within the contract duration, liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection,.the City will conduct a joint inspection and certify
completion of the final punch list by cosigning it with the Design-Builder.
The Design-Builder shall submit the following items to the City prior to requesting final payment:
Generai Conditions for Facility Construction (Design-Build) Page 16 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
1) Contractor's Affidavit of Payment of Debts and Ciaims (G706) stating that all payrolis, bills for materials and
equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way
be responsible, have been paid or otherwise satisfied,
2) Consent of Surety to Final Payment (G707), if any, to final payment,
3) Contractor's Affidavit of Release of �iens (G706A), and,
4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of
liens arising out of the Contract, to the extent and in such form as may be designated by the Owner.
5) Contractor's Warranty
6) Statement that all outstanding work has been completed
7) Issuance of the Final Certificate of Substantial Completion
8) Final acceptance by the City of Fort Worth.
If any Subcontractor, materialman or laborer refuses to furnish a Design-builder's Affidavit of Release of Liens, the CMAR
may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any �ight, claim or lien
which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains
unsatisfied after all payments are made. The Design-Builder shall refund to the Owner all monies that the latter may be
compelled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees.
The Design-Builder may then request final payment. The acceptance of final payment shall constitute a waiver of all
claims by the Design-Builder except those previously made in writing and still unsettled.
The Design-Builder's one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth.
The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of
acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within
fifteen days foliowing the final acceptance.
I-11 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar
days and until all requirements have been met, with the exception of Consent of Surety for Final Payment.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS The Design-Builder shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the Work. The Design-Builder shall designate a
responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be
the Design-Builder's superintendent unless otherwise designated in writing by the Design-Builder to the Architect.
J-2 SAFET'Y OF PERSONS AND PROPERTY. The Design-Buiider 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 Design-Builder or any of his Subcontractors; 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 Design-Builder, and he shall take every
precaution agai�st 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 Design-Builder 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 Design-Builder 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 ptogress 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 Design-Builder shall exercise the utmost care and shall carry on such activities under the supervision of
properiy qualified personnel.
All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Design-
Builder, any Subcontractor, or anyone directly or indirectly employed 6y any of them, or by anyone for whose acts any of
them may be liable, shall be remedied by the Design-Builder, including damage or loss attributable to faulty Drawings or
General Conditions for Faciliry Construction (Design-Build) Page 17 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable, and
not attributabfe to the fault or negligence of the Design-Builder or anyone claiming through the Design-Builder for such
damage or loss.
The Design-Builder shall not load or permit any part of the Work to be loaded so as to endanger its safety.
J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to
completion of work. Each Design-Builder, employee and visitor at any construction site inciuded in the Contract will be
required to wear a hard hat. The Design-Builder shall enforce the wearing of hard hats by Design-Builder, employees and
visitors. Design-Builder shall provide ten hard hats for use by visitors.
J-4 EMERGENCIES. In any emergency affecting the safety of persons or property, the Design-builder shall act at
his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by
the Design-Builder on account of emergency work shall be determined as provided in Changes in the Work.
J-5 SAFE WORK PRACTICES. The Design-Builder 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 Design-Builder shall keep the premise free at all times from accumulation of waste materials or rubbish. At the
completion of the work, the Design-Builder shall remove all his wastes and rubbish from and about the work area, as well
as his tools, equipment and surplus materials and shall leave the area as clean and free of spot, stains, etc., as before the
work was undertaken.
J-6 TRENCH SAFETY The Design-Builder shall be responsible for all design and implementation of trench shoring
and stabilization to meet regulatory requirements. If the Proposal requires, theDesign-Builder shall include a per unit cost
for trench safety measures in his bid. If not included in the Proposal, the Design-Builder shall include a cost for trench
safety measures for all trenches over 5 feet in depth in nis Schedule of Values.
SECTION K - INSURANCE
K-1 Insurance Reauired. The Design-Builder shall not commence work under this Contract until he has obtained
all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the
Design-Builder allow any Subcontractor to commence work to be performed under this Contract until all similar insurance
of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured"
on all policies except Worker's Compensation.
K-2 Workers' Compensation Insura�ce:
1) General
a) Contractor's Worker's Compensation Insurance. Design-Builder agrees to provide to the Owner (City) a
certificate showing that it has obtained a policy of workers compensation insurance covering each of its
employees employed on the project in compliance with state law. No Notice to Proceed will be issued untii the
Design-Builder has complied with this section.
b) Subcontractor's Worker's Compensation Insurance. Design-Builder agrees to require each and every
subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating
that the subcontractor has a policy of workers compensation insurance covering each employee employed on
the project. Design-Builder will not permit any subcontractor to perform work on the project until such certificate
has been acquired. Design-Builder shall provide a copy of all such certificates to the Owner (City).
c) By signing this contract or providing or causing to be provided a certificate of coverage, the Design-Builder is
representing to the City that all employees of the Design-Builder who will provide services on the project will be
covered by worker's compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with
the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation
Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the
CMAR to administrative penalties, criminal penalties, civil penalties or other civil actions.
d) The Design-Buiider's failure to comply with any of these provisions is a breach of contract by the Design-Builder
which entitles the City to declare the contract void if the Design-Builder does not remedy the breach within ten
days after receipt of notice of breach from the City.
2) Definitions:
a) Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure
issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82,
TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
b) Duration of the Project. Includes the time from the beginning of the work on the project until the Design-
Builder's/person's work on the project has been completed and accepted by the City.
General Conditions for Facility Construction (Design-Build) Page 18 of 25
Ma�ine Park Pool and Bath House, Phase Two RFP (December 2011)
c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities
performing all or part of the services the Design-Builder has undertaken to perform on the project, regardless of
whether that person contracted directly with the Design-Builder and regardless of whether that person has
employees. This includes, without limitation, independent Design-Builders, Subcontractors, leasing companies,
motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other services related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
3) Requirements
a) The Design-Builder shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Design-Builder providing services of the project, for the duration of
' the project.
b) The Design-Builder must provide a certificate of coverage to the governmental entity prior to being awarded the
contract.
c) If the coverage period shown on the Design-Builder's current certificate of coverage ends during the duration of
the project, the Design-Builder must, prior to the end of the coverage period, file a new certificate of coverage
with the City showing that coverage has been extended.
d) The Design-Builder shall obtain from each person providing services on a project, and provide to the City:
i) A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will
have on file certificates of coverage showing coverage for all persons providing services on the project;
and
ii) No later than seven days after receipt by the Design-Builder, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project.
e) The Design-Builder shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
fl The Design-Builder shall notify the City in writing by certified mail or personal delivery, within ten (10) days after
the Design-Builder knew or shouid have known, of any change that materially affects the provision of coverage
of any person providing services on the project.
g) The Design-Builder shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Worker's Compensation Commission, informing ali persons providing services on the project that they
are required to be covered, and stating how a person may verify coverage and report lack of coverage.
h) The Design-Builder shall contractually require each person with whom it contracts to provide services on a
project, to:
i) Provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas labor Code, Section
401.011(44) for all of its employees providing services on the project, for the duration of the project;
ii) Provide to the Design-Builder, prior to that person beginning work on the project, a certificate of coverage
showing that coverage is being provided for all employees of the person providing services on the project,
for the duration of the project;
iii) Provide the Design-Builder, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
iv) Obtain from each other person with whom it contracts, and provide to the Design-Builder:
(1) A certificate of coverage, prior to the other person beginning work on the project; and
(2) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period,
if the coverage period shown on the current certificate of coverage ends during the duration of the
project;
v) Retain all required certificates of coverage on flle for the duration of the project and for one year thereafter.
vi) Notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or
should have known, of any change that materially affects the provision of coverage of any person
providing services on the project; and
vii) Contractually require each person with whom it contracts, to perfortn as required by paragraphs h-i) - vii),
with the certificates of coverage to be provided to the person for whom they are providing services.
General Conditions for Facility Construction (Design-Build) Page 19 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
4) Posting of Required Worker's Compensation Coverage.
a) The Design-Buiider 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."
K-3 �IABILITY INSURANCE. The Design-Builder shall procure and maintain during the term of this Contract such
Liability Insurance as shall protect him, the City of Fort Worth and any Subcontractor performing work covered by this
Contract, from claims of damage which may arise from operations under this Contract, including blasting, when blasting is
done on, or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or
by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the
following:
1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property
damage. Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in
connection with this Contract.
2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive
as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy
shall have no exclusions by endorsement unless such are approved by the City.
3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing
Materiais, the CMAR, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement
Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include
any pollution exposure, including environmental impairment liability, associated with the services and operations
performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual
emissions and clean-up costs.
K-4 BUILDER'S RISK INSURANCE.
Unless stated otherwise in the Proposal or Invitation, the Design-Builder shall procure, pay for and maintain at all times
during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail,
riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100%
of the Contract Sum.
The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If
specifically required in the Instructions to Bidders, the policy shall include coverage for flood and eatthquake. Different
sub-limits for these coverages must be approved by the City.
Consequential damage due to faulty workmanship and/or design performed by the Design-Builder or his agents shall be
covered.
Upon completion of the Work, the Design-Builder shall notify the City of Fort Worth in writing before terminating this
insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE. The Design-Builder shall provide a certificate of insurance
documenting the Transportation and Public Works Department, City of Fort Worth as a"Certificate Holder", and noting the
specific project(s) covered by the Design-Builder's insurance as documented on the certificate of insurance. More than
one certificate may be required of the Design-Builder depending upon the agents and/or insurers for the Design-Builder's
insurance coverages specified for the project(s).
K-6 OTHER INSURANCE RELATED REQUIREMENTS.
1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies.
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth.
General Conditions for Facility Construction (Design-Build) Page 20 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
3) insurers of policies maintained by Design-Builder and its subcontractor(s), if applicable, shall be authorized to do
business in the State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptabie to the
City of Fort Worth insofar as their financial st�ength and solvency are concerned. Any company through which the
insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide.
At the City's sole discretion, a less favorable rate may be accepted by the City.
4) Deductible limits on insurance policies and/or self insured retentions exceeding $10,000 require approval of the City
of Fort Worth as respects this Contract.
5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of
cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage
required in this Contract.
6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth.
7) The Design-Builder shall provide certificates of insurance to the City prior to commencement of operations pursuant
to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as
a waiver of insurance requirements specified herein.
8) The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the insurance policies
including endorsements thereto and, at its discretion, to require proof of payment for policy premiums.
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein.
10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be
provided to the City in a timely manner.
11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any
insurance policy or program maintained by the City of Fort Worth.
12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits
thereof as specified herein or the CMAR shall provide such coverage on the Design-Builder's Subcontractors.
SECTION L
CHANGES IN THE WORK
�-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 GMP 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 Design-Builder signed by the Design-Builder and Owner, issued after the
execution of the Contract, authorizing a Change in the Work or adjustment in the GMP or the Contract Time. The GMP
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 Design-Builder or the
City, shall be coordinated with the Director, Department of Transportation and Public Works. A change order must be
written and duly negotiated and executed prior to performing changed work.
The cost or credit to the Owner resulting from a Change Order shall be the actual cost to be incurred or deducted as the
case might be multiplied by the allowance for contractual overhead and profit.
If after the contract has been executed, the Architect, requests a price proposal from the Design-Builder for a proposed
change in scope of the work, Design-Builder 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 recommend approval or attempt to
negotiate with the Design-Builder to revise the proposal. If the negotiations do not result in an equitabfe solution, the
Owner shall prepare a cost-plus type Change Order with a price-not-to-exceed figure and require specific documentation
to be provided by Design-Builder in accordance with the paragraph above.
Contractor is advised that according to City of Fort Worth Charter, that, the City Council must approve all Change Orders
and Work Orders which results in an increase in cost of the contract amount by over $25,000. Normal processing time for
the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is
approximately thirty days. Owner, and Design-Builder shall endeavor to identify Change Order items as eariy in the
Construction process as possible to minimize their impact on the construction schedule.
General Conditions for Facility Construction (Design-Build) Page 21 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
If the Design-Buiider claims that additional cost or time is involved because of (1) any written interpretation issued
pursuant to Section A, (2) any order by the Owner to stop the Work pursuant to Section B, where the Contract was not at
fault, or (3) any written order for a minor change in the Work, the Design-Builder shall make such claim.
L-2 C�AIMS FOR ADDITIONAL COST OR TIME. If the Design-Builder wishes to make a claim for an increase in
the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a
reasonable time after the occurrence of the event that gave rise to such claim. This notice shall be given by the Design-
Builder before proceeding to execute the Work, except in an emergency endangering life or property in which case the
Design-Builder 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 Omitted
L-4 MINOR CHANGES IN THE WORK. 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 may be effected
by Field Order or by other written order. Such changes shall be confirmed in writing by the Building Construction Manager
and shall be binding on the Owner and the Design-Builder.
L-5 FIELD ORDERS. The Building Construction Manager 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
Design-Builder 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 Design-Builder's expense.
If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the
Architect or the Owner may request to see such work and it shall be uncovered by the Design-Builder. 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
Design-Builder shall pay such costs unless it be found that this condition was caused by a separate Design-Builder
employed by the Owner.
M-2 CORRECTION OF WORK. The Design-Builder 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 Design-Builder shall bear all costs of correcting such rejected
Work, including the cost of the ArchitecYs additional service thereby made necessary.
If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by
law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to
be defective or not in accordance with the Contract Documents, the Design-Builder shall correct it promptly after receipt of
a written notice from the Owner to do so, unless the Owner has previously given the Design-Builder a written acceptance
of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after
discovery of the condition.
All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where
necessary, and the work shall be corrected to comply with the Contract Documents without cost to the Owner.
The Design-Builder shall bear the cost of making good all work of separate Design-Builders destroyed or damaged by
such removal or correction.
If the Design-Builder 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 Design-
Builder. If the Design-Builder 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 Design-Builder including compensation
for additional architectural services. If such proceeds of sale do not cover all costs that the Design-Builder should have
borne, the difference shall be charged to the Design-Builder and an appropriate Change Order shall be issued. If the
payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Design-Builder shall pay
the difference to the Owner.
If the Design-Builder fails to correct such defective or non-confortning work, the Owner may correct it in accordance with
Section G.
The obligation of the Design-Builder 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.
General Conditions for Facility Construction (Design-Build) Page 22 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
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 Design-Builder.
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE DESIGN-BUIL.DER. 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 Oesign-Builder or a Subcontractor or
their agents or employees or any other persons perfoRning any of the work under a contract with the Design-Builder, or if
the work should be stopped for a period of 30 days by the Design-Builder for the Owner's failure to make payment thereon
as provided in Section I, then the Design-Builder 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 Design-Builder is adjudged as bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Design-
Builder 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 materiais or labor, or fails to comply with
al Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or othervvise 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 CMAR and
his surety, if any, seven (7) days' written notice, terminate the employment of the Design-Builder and take possession of
the site and of all materials, equipment, tools, construction equipment and machinery.thereon owned by the Design-
Builder and may finish the work by whatever method he may deem expedient. In such case the Design-Builder shall not
be entitled to receive any further payment untii the Work is finished.
If the costs of finishing the Work, including compensation for the Architect's additional services., exceed the unpaid
balance of the Contract, the Design-Builder 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 Design-Builder 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 Design-Builder 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 compietion 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 Design-Builder a proportionate part of the contract price based on the
work compieted; provided, however, that the amount of payment on termination shail not exceed the total contract price
as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments,
if, any othenn�ise made. Design-Builder 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 Fo�t Worth, and the decision by the Ciry Council of the City of Fort Worth shall
be final and binding upon all parties to this contract
SECTION O
SIGNS
The Design-Builder shall construct and install the project designation sign as required in the Contract Documents and in
strict accordance with the Specifications for "Project Designation Signs." This sign shall be a part of this Contract and shall
be included in the Design-Builder's Base Bid for the Project.
SECTION P
TEMPORARY FACILITIES
P-1 SCOPE. The Design-Builder 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 Design-Builder as to their proper and
most efficient utilization.
General Conditions for Facility Construction (Design-Build) Page 23 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
P-3 MAINTENANCE AND REMOVA�. The Design-Builder 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 Design-Builder is not required to provide a temporary field office or telephone for projects under $1,000,000. Design-
Builder shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City.
The Design-Builder shall provide a temporary field office building for himself, his Subcontractors and Architect. For
construction contracts with a bid price in excess of $1,000,000.00, the Design-Builder shall provide a separate field office
for the City's field representative (but the separate o�ce may be in the same structure). The buildings shall afford
protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical
outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have
suitabie locks. Field o�ces shall be maintained for the full time during the operation of the work of the Contract. During
cold weather months, the field o�ces shall be suitably insulated and equipped with a heating device to maintain 70
degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air
conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the
Design-Builder shall remove the building from the premises. In addition to the drawing shelf, provide for the City field
representatives office: one deck, four chairs, plan rack and a four drawer filing cabinet (with lock). Each office shall
contain not less than 120 square feet of floor space.
The Design-Builder shall provide and maintain storage sheds, other temporary buildings or trailers on the project site as
required for his use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is
completed, or as directed.
P-5 TELEPHONE. The Design-Builder shall provide and pay for telephone installation and service to the field
offices described above. Service shall be maintained for the duration of operations under this contract. The Design-Builder
shali provide for and pay for an automatic telephone-answering device at the site office for the duration of the project.
Design-Builder will install separate fax lines and instruments for the City and the Design-Builder.
P-6 TOILET FACILITIES. The Design-Builder shall provide proper, sanitary and adequate toilet facilities for the use
of all workmen and subcontractors employed on the project.
P-7 UTILITIES. Design-Builder shall make all necessary arrangements and provide for temporary water and
electricity required during the construction. Design-Builder shall provide and install temporary utility meters during the
contract construction period. These meters will be read and the Design-Builder will be billed on this actual use. The
Design-Builder shall provide all labor and materials required to tap into the utilities. The Design-Builder shall make the
connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all
utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures,
frequencies, etc. wili be available to the Design-Builder.
Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as
shown on the Drawings. Pipe water from the source of supply to all points where water wiil be required. Provide sufficient
hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors
engaged on the work. Provide pumps, tanks and compressors as may be required to produce required pressures.
Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric
service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools,
motors, welding machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide
sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power.
Liqhtinq. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such
areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e
foot and maintain a socket voltage of at least 110 volts. Use at least 100 watt lamps. In any event, the lighting intensity
shall not be less than 5 foot candles in the vicinity of work and traffic areas.
P-8 HEATING. Heating devices required under this paragraph shall not be electric. The Design-Builder shall
provide heat, ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to
the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to
materials and finishes. All such heating, ventilation and services shall be provided and maintained until final acceptance of
all work. In addition, the Desin-Builder shall provide heat ventilation prior and during the following work operations as
follows
a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the
spaces involved to not less than 40 F.
b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to
produce a temperature in the spaces involved of not less than 55 F.
General Conditions for Facility Construction (Design-Build) Page 24 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
c) For a period of seven (7) days previous to the piacing of interior finish materials and throughout the placing of finish
painting, decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not
less than 60 F.
P-9 TEMPORARY CONSTRUCTION EQUIPMENT AND PROTECTION
The Design-Builder 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. Design-Builder shali coordinate the use and furnishing of scaffolds with his sub-
contractors.
The Design-Buiider 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 confomi 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 Design-Builder shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether
from underground seepage, rainfall, drainage of broken lines.
The CMAR shall maintain provision for closing and locking the building at such time as possible to do so. If this is not
feasible, maintain a night
The Design-Builder shall provide and maintain all barricades or enclosures, required to protect the work in progress from
outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive,
shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to
provide for the protection as specified.
P-10 PROJECT BULLETIN BOARD. The Design-Builder shall furnish, install and maintain during the life of the
project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding
glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Owner, in a
prominent place accessible to employees of the Design-Builder and sub-contractors, and to applicants for employment.
The bulletin board shall remain the property of the Design-Builder and shali be removed by him upon completion of the
Contract work. The following information which will be furnished by the Ciry to the Design-Builder, shall be posted on the
bulletin board and shall be maintained by the Design-Builder in easily readable condition at all times for the duration of the
Contract.
a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38).
b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required
by the Davis-Bacon Act.
c. Safety Posters.
SECTION Q
VENUE
Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County,
Texas.
General Conditions for Facility Construction (Design-Build) Page 25 of 25
Marine Park Pool and Bath House, Phase Two RFP (December 2011)
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Faci/ities Manaqement Group
Desian Guidelines
for New and Existing Facilities
Prepared by:
Dalton Murayama, A.I.A., Manager, Architectural Services Division
Facilities Management Group
Transportation & Pub/ic Works Deparfinent
City of Fort Worth
Publication Date:
30 June 2010
TRANSPORTATION AND PUBLIC WORKS
Facilities Management Group
TO: City of Fort Worth Contract Consultants, Engineers & Contractors
FROM: Dalton Murayama, AIA, Manager, Architectural Services Division
DATE: 30 June 2010
SUBJECT: Design Guidelinesfor New And Existing Facilities
The City of Fort Worth (City, CFW) has compiled the following guidelines for consideration by
Architectural, Design, Construction and Maintenance groups to assure that City standards for
cost effectiveness, quality and durability are met. These Design Guidelines have evolved
through the experience of decades of in-house maintenance of City facilities.
The information presented in the Design Guidelines is meant to be just that, guidelines. The
City invites equal-or-better products in its bidding process:' Each project is reviewed individually
to ensure the appropriate application of these Design Guidelines.
Consultants and contractors shall meet with Facilities Managemenfi Group staff throughout the
Schematic and Design Development phases to ensure the proper application and interpretation
of these Design Guidelinesfor specific projecEs. All systems and equipment designed for Caty
facilities shall be commercial,industrial grade; residential grades are unacceptable.
Please note that City-pr,eferred "design standards" are listed for guidance. These standards
reflect equipment manufacturers that have proven'`reliable over the years by the City's Facilities
Maintenance Division. Both the consideration of design equipment and the assessment of
. . . .
��approved equals" shall include both the engineer of record and Facilities Management staff.
The City is committed to reducing energy and water resource costs and implementing more
"sustainable" building technologies wlienever p�ssible. Please refer to USGBC's "LEED BuiJding
Rating Sysfem", EPA's "Energy Star euildrrrgs Manua/', and ANSI/ASHRAE/USGBCJIES Standard
1$9.1, '�Standard for the Design of High Performance, Green Buildings..." for detail5; City codes and
applicable arneridrnents and interpretations can be found at the fallowing link;
http://www.fortworthctov.org/planninqanddevelopment/permits/default.aspx?id=31710
The City's Design Guidelines are presented in Construction Specifications Institute (CSI)
MasterFormat 1995 Edition (MF95) by division for ease of reference and referral. Listings of
both CSI MF95and MF04divisions and sections are provided at the end of these guidelines for
reference.
The City's Design Guidelines are considered for review and update on an regular basis.
Revisions and Updates are listed at the end of this document for reference. Maintenance of
these Guidelines is the responsibility of the Facility Management Group's Architectural Services
Division (ASD). Comments and suggestions may be submitted in writing to the attention of the
manager of the Architectural Services Division.
Tab/e of Contents
Section Name Pa9e No.
Introductory Memo 3
Division 01, General Data 4
Division 02, Site Construction 4
Division 03, Concrete 6
Division 04, Masonry 6
Division OS, Metals 6
Division 06, Wood & Plastics 6
Division 07, Thermal & Moisture Protection 6
Division 08, Doors & Windows 7
Division 09, Finishes 8
Division 10, Specialties 8
Division 11, Equipment 9
Divis,ion'12, Furnishings' 9
, Division 13, Special Construction 9
Division 14, Conveying Systems 9
Division 15, Mechanical'` 9
Division 16, Electrical 15
Division 17, Telephone & Data 17
Revisions & Updates 18
CSI MF95Divisions & Sections 19
CSI MF04 Divisions & Sections 21
City of Fort Worth Facilities Management Group
Design Guidelines
DIVISIOIV 01 GENERAL DATA
1. The Architect shall be responsible for arranging for site utilities, including electricity, natural gas,
water and sewer.
2. The Site Plan shall include Contact Information, including Company Name and Telephone Number.
3. Contractors shall be responsible for including in their bid ail design service fees for the design as
shown on the plans. Engineers shall coordinate their work well ahead of the bid date.
4. The City shall directly pay for water and sewer utility taps and meters, and for electricity and natural
gas utility connection and service fees.
01300 Administrative Requirements
1. Shop Drawings shall be submitted directly to the Architect. The Architect shall review and return
them directly to the Contractor with a copy directly to the Construction Manager.
2. MEP and finish Shop Drawings shall be submitted to the Construction Manager for coordination with
the City's review requirements and then send comments to the Architect for incorporation into the
Architect's review comments. The Construction Manager may request additionai submittals as
necessary to assure the City's review prior to approval by the Architect. "
3. Record Drawings shall be submitted directly to the Architect for editing and submittal to the
Construction Manager.
4. Alternate materials shall be reviewed and approved as part of the shop drawing and submittal
process. Bidders may request approval of alternates during bidding, but the Architect shall not be
under any obligation to approve alternates withoufi full review materiai presented in a timely manner.
01400 Quality Requirements
1. The City's assigned Construction Inspector (CI) shall inspect and administer the Project.
2. Warranty inspection shall be performed during the 10"' month with the Architect, Engineers and
Contractors.
3. Unless otherwise direcEed, all materials testing services shall be provided under separate contract,
paid for by the City.
01500 Controls
1. Contractor shall provide project trailer, kelephone and facsimile for Construction Manager at no cost
to the City.
01700 Protection.,,
1. Certificate o� Occupancy (CO); Final Inspection, Waivers from Subs and Consent of Surety.
2. Field mark-up plans to Architect for editing to Record Drawings on Bond. Final Bond and
Construction Docum�nts`fo be submitted to City.
3. Contract time stops on CO, provided the facility is able to be fully used by Client.
4. All Record Drawings shall be submitted and approved prior to Final Payment.
DIVISION 02 SITE CONSTRUCTION
1. Pavement shall be concrete with lime stabilized sub-grade.
2. Pavement edges shali have curbs.
3. Joint-filler shall be non-tacking.
ASD_Design Guidelines_DRAFT 30JUN10 (6).doc Page 4 of 28
City of Fort Worth Facilities Management Group
Design Guidelines
4. Landscaping and irrigation shall be included in base bid, not as an alternate.
5. Fences preferred to be masonry for sound control and low maintenance. Fiberglass rail fencing shall
be considered where applicable.
6. Porches, ramps and stairs shall have painted steel railings.
7. Accessibility ramps shall be concrete.
8. Concrete sub-slabs shall be provided for pave-stone or brick walkways.
9. New buildings shall be provided a bronze dedication plaque as directed.
10. References to City Standards or NCTCOG or TDH Standard Specifications shall not be used. Full
specification language shall be used.
11. WATER CONTROL
11.1. Buildings located in designated flood plains shall have all civil design coordinated with the
City's Transportation and Public Works Departmenf's Development Activities Division.
11.2. Downspouts from roofs shall be extended underground to storm drainage structures,
wherever feasible. Lower-level clean-outs shalf be provided. If not feasible, flows shall
direct water away from the structure and be provided with 3=foot concrete splash-blocks.
12. EROSION AND SEDEMENT CONTROL
12.1. Building sites 5-acres and larger shall be permitted. Current City ordinances prohibit
discharges of dirt to the storm drain system, with the street defined as a part of the storm
drain system.
12.2. Structures to prevent dirt, silt, etc. from leaving the site shalf be employed. Un-
controlled/un-permitted discharges are a Class C criminal misdemeanor carrying fines.
02800 Site Improvements and Amenities
1. Limit tree and shrub plantings near building to prevent future damage to structure. Plant dwarf
shrubs at perimeter of building to protect foundation.
2. Grasses, shrubs, trees and all ot�herplantings shaii be species native to north Texas to minimize the
necessity for both landscape irrigation and care'6y the City.
. � . :.
3. Landscape design plan shall have trees and shrubs clearly identified so that plantings may be
considered for supply from Gty-stocks. '
4. Flagpoles shall have intern`al halyards. (One flagpole typical with Federal and State flags)
5. IRRIGATION" SYSTEM
S.l. Irrigation systems shall be commercial grade. unless otherwise approved. The City's Department
of Parks & Coriimunity Services shall be consulted regarding system design and equipment.
5.2. Systems with "pop-up" sprinkler heads are preferred by the City's Facilities Maintenance
Division.
5.3. Systems shall utilize "rain sensors" to prevent system operation during and after area rains.
5.4. Pipe sleeves shall be provided for piping under concrete sidewalks and driveways.
5.5. Separate stations/zones shall be provided for grass and shrub areas.
5.6. Systems shall have water metering separate from the building meter to allow for sewer credits.
5.7. Controls shali be in locked box outside of building or in low-voltage LAN Room.
ASD_Design Guidelines_DRAFr 307UN10 (6).doc Page 5 of 28
City of Fort Worth Facilities Management Group
Design Guidelines
DIVISION 03 CONCRETE
1. Preferred foundations shall be a suspended structural slab on drilled piers.
2. Grade beams shall be poured separately and tied to slab with reinforcement.
3. Slab-on-grade floors shall be structural slabs unless soil tests indicate that the slab can be designed
without movement. Slabs shall be fully-suspended on carton forms.
DIVISION 04 MASONRY
1. Glazed concrete block shall be used in-lieu-of ceramic tile on outside of building.
2. The preferred exterior wall type shall be brick exterior with CMU back-up.
3. If brick is not feasible, Hardi-panel siding, trim and soffits shall be the substitute.
4. E�end concrete sidewalks to curb to eliminate grass strip at street.
S. Pavers shall be set on concrete slab with concrete side strips. Fill shall be sand.
DIVISION 05 METALS
1. Metal buildings shall be heavy gage; 22-ga. preferred.
2. Kitchen countertops shall be stainless steel wherever feasible, unless otherwise approved.
DIVISION 06 WOOD AND PLASTICS
1. "Certified VVood" products shall be used wherever possible. `
2. Countertops shall be solid surFace laminate material with sinks to match. Integral sinks shall be
considered. The City's Design Standard is "Formica".
3. Laminate countertop substrate shall be 3/a-inch industrial-grade particleboard, or equal. Plywood
substrate shall be unacceptable. The City's Design Standard is "Roseburg Ultrablend".
4. Melamine shall b� unacceptable.
5. Particleboard' in cabinet construction shall be unacceptable.
6. Cabinets shall have plastic laminate'face-frames with no paint wherever possible.
7. Cabinet hinges shall be 170-degree overlay, with dowel and associated face-frame mounting plates.
The City's Design Standard is "Salice" #C2RFA99 hinges with "Salice" #BAU3L19 mounting plates.
8. Cabinet interiors shall be semi-gloss, clear-lacquer finish.
DIVISION 07 THERMAL AND MOISTURE PROTECTION
1. All thermal and moisCure protection shall be in accordance with the International Code Council's
(ICCs) International Energy Conservation Code (IECC) and all state and local codes.
2. All flashings, downspouts and gutters shall have a baked-enamel finish.
3. Gutters and downspouts shall be 24-gage minimum, of seamless construction with proper sealant
and pitch to capture and direct rainfall away from the facility including sidewalks and driveways.
4. ROOFS
4.1. City roofing crews must be certified to repair and modify roof inembranes and flashing. If not
currently certified, training of City crews shall be provided by contract.
ASD_Design Guidelines_DRAFT_30JUN10 (6).doc Page 6 of 28
City of Fort Worth Facilities Management Group
Design Guidelines
4.2. Roofs shall be pitched wherever possible, or have a 20-year bondable roof system applied. City
roofing crews are qualified to repair granular surfaced APP modi�ed bitumen double-ply roofing.
4.3. Pitched-roofs shall use light-colored, 25- to 30-year architectural shingles. The City's Design
Standard is "Owens Corning, Oakridge II Driftwood."
4.4. Flat-roofs shall use white or light-colored, 2-ply, 20-year, APP modified-bitumen-type (torch-
down) material with embedded granular surface. The system shall be provided a 20-year labor
and material replacement cost warranty that is not pro-rated. The City's Design Standard is
"U.S. Ply." FM 03-04-10
4.5. Roof penetrations and rooftop equipment shall be minimized. Use'of plastic cement is
unacceptable. M-Weld Curbs, filled with 1 part Chem Link Pourable Sealer, are to be used on all
roof pipe penetrations. FM 03-04-10
4.6. The City's Design Preference for roof penetration pitch-pan systems is "Chemcurb."
4.7. Low-slope roofs shall be pitched at a minimum of one-quarter inch-per-fooG of slope.
4.8: Low-slope roofs shall be protected with walking surfaces for access to any serviceable
equipment located on the roof.
4.9. "Cool-Roof" and other such innovative roofing systems shall be considered for energy
conservation.
DIVISION 08 DOORS AND WINDOWS
1. Overhangs and porches shall have stainles`s-steel bird repellant spikes.
2. EXTERIOR DOORS ''
2.1. Doors and door jambs shall: be primed, pa'int-able, galvanized-metal unless otherwise approved;
wood doors shall be unacceptable.
2.2. Entrance- or metal storefronf-doors shall be anodized, fuily-insulated, hollow- or galvanized-
metal with welded frames and jambs.
2.3. Doors shall have canopy/,covering for weather protection of entry/exit areas where not covered
by a porch`ojr sufficient overhang.
2 4 limit overhead beams at entries to reduce possibility of damage for buildings with exposed-to-
� `� tra�c canopies.
2.5. Vestibule areas shail be included es part of primary entry/exit design wherever possible.
2.6. Sectional overhead doors for Fire Stations shall be aluminum with one- or two-rows of 1/8-inch
glass, and 3-inch tracks with long-stem rollers. Door operators shall utilize electric-eye controls.
The City's Design Standard is "Finishline" model 450, with "Lift Master" operators including those
for overhead doyors as well as for sliding- and swing-gates. The City's Design Standard for slide
and swing gates' is: Sliding-gates,'LLiftmaster" Neavy Duty 115V SL 574-50-i1-GL. Swing-
gates, "�iftmasEer" Heavy Duty ilSV SW 490-SO-li-GL. FM 03-04-10
3. INTERIOR DOORS
3.1. Doors shall be laminate-covered, solid-core wood.
3.2. The City's Design Standard for door jambs is "Timely."
: �.►�•�
4.1. Exterior window glazing shail be double-pane, thermally insulated units.
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Design Guidelines
4.2. Exterior window glazing shall be low-emissivity (low-E) type, tinted and designed to set high on
the wall, with architectural horizontal projections and/or vertical fins to limit solar heat-gain.
5. LOCKSETS
5.1. Locksets shall be utilize ADA-compliant, lever-type handles. The City's Design Standard is
"Schlage."
5.2. Locksets shall have master and sub-master keying.
5.3, Locksets shall include a minimum of two sets of keys provided to the City.
5.4. Full-mortise locksets shall be unacceptable.
DIVISION 09 FINISHES
l. Lay-in ceiling grids shall be 2'x2' with non-directional tiles; recessed or shadow-line type tiles shall be
unacceptable. The City's Design Standard is ��Armstrong'; model #770.
2. Lay-in ceiling tiles in high-humidity areas (e.g. kitchen areas) shall be vinyl-wrapped'gypsum board.
3. Wall corner-guards (4-inch) shall be required in high-traffic, heavy-use areas.
4. Chair-rails shall be wall-mounted plastic. Chair rail shall be required where damage to walis is likely
(e.g. kitchens and break-rooms). The City's Design Standard'is,"Pawlings", model #770.
5. The City's Design Standard for floor tiles is "Armstrong."
6. Carpeting shall be non-adhesive, tile-type, 26-oz or better. Architect shall confirm preferred
manufacturer with City.
7. Flooring for heavy-use areas such as corridors;,entries or foyers shall be terrazzo-type. Ceramic tile,
slate or premium vinyl composition tile (VCT) may be acceptable'alternates. Roll goods are
unacceptabie. FM 03-04-10 '
8. Base moldings shall be continuous-roll, dark-colored, rubber base-type, vd'+�I-rp�� F�����' �"�^°�'^
ee�re�s. Vinyl product and light colors shall be unacceptable. The City's Design Standard is "Roppe."
FM 03-04-10
9. Vinyl wa11 covering/vinyl rock shall not be used.'
10. Interior sheetrock surfaces shall be �^",���n�c slick finish. Acoustic, spray-on, splatter, and sandtex
finishes shall be unacceptable. FM 03-04-10
11. Interior iivall paint shall be latex-base with egg shell or satin finish; colors are to be approved by
Facilities Management Group StafF.
12. Interior doors/frames/woodwork/trim paint shall be oil-base with semi-gloss finish; colors are to be
approved by Facilities„Management Group staff.
13. Soffits shall be constructed of cementitous board. The City's Design Standard is "Hardi-Panel."
DIVISION 10 SPECIALTIES
1. Restroom partitions shall be of solid plastic or stainless-steel.
2. Shower area pans shall be cast-in-place or terrazzo; pan liners shall be sealed. The City's Design
Standard for pan liner sealing is "Red Guard."
3. Shower area backer boards shall be cementitious board; "green rock" shall be unacceptable. The
City's Design Standard is "Hardi-Board."
4. Metal lockers and cabinets shall be utilized in all fire station truck rooms.
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5. ADA shower seats must have folding legs for added support. FM 03-04-i0
DIVISION 11 EOUIPMENT
1. Kitchen appliance space shall be designed to accommodate standard industrial food service
equipment. A cash-allowance shall be provided in the bid. Contracts shall be adjusted to reimburse
contractor for actual purchase price of equipment.
2. Athletic equipment is generally purchased by City using a cash allowance part of base bid.
1. Casework shall be solid- or laminated-wood.
2. Blinds shall be part of the General Construction bid. Blinds for Fire Station Sleep Rooms shall be
light-blocker type. The City's Design Standard is "Levolor."'
3. Library, Office and General Furniture shall be bid through the City Finance Department's Purchasing
Division using specifications prepared by the Architect, in consultation with the City.
DIVISION 13 SPECIAL CONSTRUCTION
1. Pre-engineered buildings shall have 24-gauge, treated-metal walls and roof for durability.
2. Pre-engineered buildings shall utilize insulated metal panel construction.
3. Pre-engineered buildings shall be bid as part of overall project, not piece-meal.
4. Portable buildings and dassrooms may be acceptable, provided they are State-certified.
5. Security access systems shall provide a link to the City by modem, automatic dialer or on the network
to allow remote monitoring and controL Coordinate design and construction with the City's
Information Technology Solutions Department (ITS).
DIVISION 14 CONVEYING SYSTEMS
1. Elevators shall "be required for all-buildings with multiple floor levels.
2. Elevators shall include'solid-state, programmable controls compatible with Facility Management
Systems where present or�anticipated.
.,..,.��,,.. : �" �..�,......�,....
DIVISION 12 FURNISHINGS
1. All mechanical syst�
(ICCs) Internationa
1.1. Specifications
with 803.3.8.3
andequipment shall be in accordance with the International Code Council's
�rgy Conservation Code (IECC) and all applicable state and local codes.
I require Manuals prior to issuance of Certificate of Occupancy in accordance
1.2. Energy analyses and supporting documentation shall be required in accordance with 806.5, and
shall be included in final design submittals.
2. Engineering design and construction consideration shall be given to all current American Society of
Heating, Refrigerating and Air-conditioning Engineers' (ASHRAEs) guidelines and standards. During
the Design Phase, all HVAC redundancy issues shall be addressed, especially as related to critical-
needs areas (e.g. equipment cooling and odor control issues.)
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3. Perform Life-Cycle Cost (LCC) analyses of alternative systems and equipment including first-cost,
operations and maintenance components. Submit alternatives for consideration by Facilities
Management Group stafF that are both technically feasible and financially viable.
4. All mechanical system equipment and accessories shall be specified, supplied and installed in
accordance with accepted industry best-practice. Independent systems commissioning shall be
provided separate from design engineering and installation contracts.
5. Engineer shall contact the applicable local utilities to coordinate necessary services to the facility.
Points of demarcation and utility contacts shall be clearly indicated on the plans for reference.
6. Unless otherwise directed, all temporary and final utility connections and metering devices shall be
requested and paid for by the General Contractor.
7. Plans shall clearly indicate the limit of the Contractors responsibility for water and sewer service. The
Contractor shall be responsible for all costs to connect to water on the building side of the meter and
to sewer at the property line. City shall pay for water and sewer taps to the`property line and to the
meter. Engineer shall contact the Water Department to have them design and estimate the cost for
water and sewer services.
15000 Basic Mechanical Materials & Methods
1. Mechanical equipment motors shall be premium-e�ciency as opposed to standard- or high-e�ciency.
2. Mechanical equipment & systems shall be evaluated for sound, vibration and seismic impacts and
shall be addressed as necessary in plans and,specifications.
3. Major mechanical equipment, components and accessories shall be clearly labeled in accordance with
industry standards for ease of identification`by operations and maintenance staff.
4. Mechanical-, duct-, equipment- and pipe-insulation specifications shall include materials and methods
appropriate to their application:
5. Refrigerant piping shall be as short as possible, appropriately protected and insulated, and shall not
be buried. FM 03;04-,1� (SEE 15600.6)
15100 Building Services Piping
1. Provide scuttie holes.in floors on pier & beam foundations, and in each cell in areas with
underground piping, including additional access in kitchen areas and restrooms. The intent is to
keep from having to cut holes in ffoors for plumbing and other trades. Strap piumbing pipes to
undecside of slab.
2. Servicetwater supply piping and fittings shall be polyurethane of the type appropriate for the
application, and provided support and protection as recommended for the application, FM 03-04-10
3. Garbage disposals are generally unacceptable and shall only be considered only on a case-by case
basis.
4. Service sink drains (e,g. kitchen, custodial) shall utilize 3" trapped drain pipe at a minimum, and
restrictive drain baskets.
5. All floor drains and plumbing traps shall be primed to ensure effective water seals.
6. Provide for drainage in restrooms, mechanical rooms and kitchens as follows:
6.1. Dish floor for 2' diameter around drain to catch water, or
6.2. Depress floor slab in tiled restrooms and have the tile contractor thick set the tile to provide
slope to floor drains.
7. Wall-hung plumbing fixtures shall be supported by "chairs" specific to both the application and the
fixture manufacturer.
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Design Guidelines
Fluid pumping equipment shall be "Bell & Gossett", "Grundfos", "Armstrong", or approved equal. FM
03-04-10
9. All water lines shali be provided isolation valves at both branches and terminal devices. FM 03-04-10
10. Allowance for meters and gages shall be provided including temperatures and pressures to provide
adequate operations and maintenance monitoring. This is to include thermometers, thermo-welis,
pressure gages, and test plugs. Instrumentation ranges and gradations shall be appropriate to the
temperatures and pressures anticipated, with locations allowing for ease of field monitoring.
15200 Process Piping
1. Materials and methods shall be discussed with Facilities Management Group stafF prior to the
preparation of any plans and specifications.
2. All service water lines are to be done in polyurethane pipe or approved'equal. FM d3-04-10
15300 Fire Protection Piping
1. The City's Design Preference for sprinkler systems shall be �e dry-type, unless othenvise
required. FM 03-04-10
2. The City's current annual agreement requires the Fire Sprinkler Contractor to perform an inspection
with the City Fire Marshal at job completion. FM 03-04-iQ '
15400 Plumbing Fixtures & Equipment
1. All restroom fixtures and equipment shall confocm to ADA accessibili.ty requirements.
2. Plumbing fixtures and equipment shall have water supply shut-off valves for fixture isolation.
3. Plumbing fixtures and equipment shall be as listed ailowing for approved equals. Listings represent
Facilities Maintenance Division standards; design alternates`shall be listed only with their
concurrence, and shall be approved prior to bid by addendum. Alternates may be approved
subsequent to bid only when approved alternates are not available.
4. Plumbing fixtures and equipment shall be "low-flow".type for water conservation; water-free urinals
may be considered as acceptable alternatives on a case-by-case basis.
5. Consideration shail be given to "touch-free restroom" design as an alternate bid. This initiative shall
include but not be limited to aufomatic, sensor-operated faucets, soap-dispensers, hand-dryers,
flush-valves and door-operators. Ali such equipment shall be hard-wired wherever possible, with
battery-powered and "light-powered" considered on a case-by-case basis.
6. Clean-outs shall be installed outside the footing line at 80-foot intervals, maximum. FM 03-04-10
7. Drinking fountain locations shall include one standard-height, and one wheelchair-accessible drinking
fountain each,`or as in accordance with ADA requirements. The City's Design Standard is "Hawsey-
Taylor."
8. Garage and equipment service bays shall include oil interceptor/separator systems allowing no free-
drainage/discharge to surrounding areas. All such systems shall be designed and installed in
accordance with current codes and EPA regulations.
9. LAVATORIES & FAUCETS
9.1. Lavatories for all wall-hung, seif-rimming and service applications shall be cast-iron. The City's
Design Standard is "American Standard."
9.2. Kitchen sinks shall be 17-ga. stainless-steel, dual-tub type with a minimum depth of 9-inch. The
City's Design Standard is "Elkay."
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Design Guidelines
9.3. Lavatory faucets shall be sensor-operated type, hard-wired type preferred with standard,
manual-operated type considered as alternate bid, unless otherwise approved.
9.4.The Ciry's Design Standard for manually-operated, dual-handle lavatory faucets, 8" OC, is "Delta"
model 3549 WFL.CHDF (ADA.)
9.5.The City's Design Standard for manually-operated, single-handle lavatory faucets, 4" OC, is
��Delta" model 501.
9.6.The City's Design Standard for "gooseneck" faucets is "Delta" model 400.
9J. Exterior water faucets shall be freeze-proof hose-bibs with removable faucet.
9.8. Exterior water faucets shall have isolation valves. FM 03-04-10
9.9.A11 faucets and showerheads shall include flow aerators.
10. TOILETS, URINALS & FLUSH VALVES
10.1. Toilets shall be floor-mounted, vitreous china, low-flow design, unless otherwise approved.
The City's Design Standard is ��American Standard."
10.2. Urinals shall be wall-mounted, vitreous china, low-flow design, unless otherwise approved.
The City's Design Standard is ��American Standard,"
10.3. Flush valves shall be auto-flush type, with manual-flush'-type considered as alternate bid, unless
otherwise approved. Design flow shall be appropriate to the fixture design (e.g. low-flow flush
valves for low-flow fixtures). The City's Design Standard is'"Sloan."
il. SHOWER HEADS & VA�VES
11.1. Showers shall have provision for positive shut-ofF without changing valve position such that
persons can maintain temperature setting while shutting off flow for water conservation.
11.2. Shower heads shall be lotiv=flow design.
11.3. Shower valves`shall be designed and installed such that persons can operate these valves
without standing in front of the showerhead for personal safety.
11.4. Shower valyes shall besingle-handle type with integral stops unless otherwise approved. Anti-
scaid protection shali be'proyided. The City's Design Standard is "Delta" model 1724 WS.
12. SERVICE WATER HEATERS
12.1. Service water heaters (SWH) shalt be instantaneous, non-storage type unless otherwise
appeoved. Either central-station or point-of-use types will be considered depending on
applicat�on. Storage-type SWH equipment shall be considered as alternate bid, unless
otherwise approved. ,
12.1.1. Natural Gas SWH Equipment
12.1.1,1, Equipment shall be high-efficiency, instantaneous, central-station type.
12.1.1.2. Storage-type equipment shall be high-efficiency, "power-vented" type.
Tanks shall be welded steel with glass or 10-mil. phenolic liner. The City's
Design Standard is "State."
IZ.1,1.3. . FM 03-04-
10
12.1.2. Electric SWH Equipment
12.1.2.1. Equipment shall be instantaneous, point-of-use type, accessibly-mounted in-
line, and hard-wired to dedicated breakers.
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Design Guidelines
12.1.2.2. Storage-type service water heating equipment shall be factory pre-wired,
high-efficiency type. Tanks shall be welded steel with glass or 10-mil.
phenolic liner. The City's Design Standard is'�State."
12.2. Central SWH systems with pumped circulation/distribution shall have time-clocks installed and
set to operate equipment only during occupied hours.
12.3. SWH equipment for process loads shall be designed and installed based on their specialry
requirements. Booster heaters shall be installed for processes that require SHW hotter than
130-deg.f.
15500 Heat Generation Equipment
1. All heat generation equipment shall be sized appropriate to its application including its time- & type-
of-use and design heating load profile. Consideration shall be given to'the use of multiple units,
multi-stage units and/or units with high turn-down ratios to satisfy anticipated load variability.
2. Heat generation equipment shall be high-efficiency, natural gas-fired with electronic ignition and
forced-draft flue, unless otherwise approved.
3. Heat generation equipment shall be either forced-draf�, condensing-type or high-efficiency, non-
condensing-type. Full consideration shall be given to both depending on the application.
4. Garage, service bay and open workshop area heat generation,equipment shall be power-exhausted
radiant-type systems with appropriate zoning. Fan-powered'unit,heaters shall be considered as
alternate bid, depending on application.
5. Heat generation equipment for process loads shall be designed and instailed based on their specialty
requirements. Engineers and contractors shall coordinate design and installation requirements with
Facilities Management Group staff.
15600 Refrigeration Equipment
1. All refrigeration equipment shali be sized appropriate to its application including its time- & type-of-
use and design heating;load profile: Consideration shall be given to the use of multiple units, multi-
stage units and/or units with high turn-down ratios to satisfy anticipated load variability.
2. The City's Design Standard for refrigeration equipment for HVAC systems includes "Carrier", "Trane",
"York" or `,�McQuay" only, to reduce necessity for personnel training and maintenance parts stocking.
FM 03-04-10
3. Refrigeration equipment compressors shall have 5-year warranties, minimum.
4. Refrigeration equipment shall utilize refrigerants that are anticipated to be commercially produced
and available";during the anEicipated service life of the equipment.
5. Refrigeration equipment for;process loads shali be designed and installed based on their specialty
requirements. EngineersFand contractors shall coordinate design and installation requirements with
the Facilities Management Group.
6. Refrigeration equipment shall be located to minimize refrigerant piping length, and to eliminate
buried refrigeration piping. FM 03-04-10
15700 HVAC Equipment
1. All HVAC systems and equipment shall be zoned and sized appropriate to their time- & type-of-use,
design load profile and designed appropriate to its application. Consideration shall be given to the
use of multiple units, multi-stage units and/or units with high turn-down ratios to satisfy anticipated
load variability.
2. The City's Design Standard for HVAC equipment includes "Carrier", "Trane", "York" ar "McQuay" only,
to reduce necessity for personnel training and maintenance parts stocking. Custom specialty air
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Design Guidelines
handling equipment may include 'Temptrol", "Air Wise", "Hunt Air", and other as appraved. FM 03-
04-10
3. HVAC equipment compressors shall have 5-year warranties, minimum.
4. Variable-volume fan- and pump-systems shall be the preferred design approach, utilizing variable
frequency drives (VFDs) for control with full-bypass capability provided for ease of maintenance.
5. HVAC equipment water- and DX-coils shall include drain pans pitched and piped to sanitary drain to
minimize problems due to natural condensate collection and coil cleaning maintenance.
6. HVAC equipment shall utilize dry-bulb type economizers; enthalpy-type are not acceptable.
7. HVAC equipment shall utilize CO2-based ventilation air controls to limit the unnecessary conditioning
of outdoor air.
8. HVAC equipment shall utilize low-ambient controls.
9. HVAC equipment shall be supplied with factory-curbs that meet all current industry-standards.
10. HVAC equipment curb-caps shall be constructed of proper gage metal according to current industry
standards. Plans shall clearly detail the curb-cap design and installation.
li. HVAC terminal equipment shall be provided side-access. Top- or bottom-access shall not be
acceptable. Adequate clearances shall be provided to ensure ease of maintenance.
12. HVAC equipment for process loads shall be designed and installed based on their specialty
requirements. Engineers and contractors shall coordinate design and installation requirements with
the Facilities Management Group.
15800 Air Distribution
1. Engineering design and construction consideration shall be given to all current Sheet Metal & Air-
conditioning Contractors' National Association (SMACNA) guidelines and standards.
2. All ductwork shall be sheet metal of the appropriate gage. Spiral duct is preferred with flexible run-
out lengths kept to a minimum; "fiberboard" ductwork shall not be acceptable.
3. Systems shall be fully ducted, though plenum-returns may be considered on a case-by case basis.
4. Supply-air, distributio� ductwork systems designs shall minimize `system effects' and shall utilize trunk
lines with branch circuits;containing locking balance dampers as well as dampers at each run-out.
5. Supply=air shall be properly;distributed through lay-in, step-down, aspiration-type diffusers with
volume dampers. PerForated supply-. and return-air grilles and diffusers are not acceptable.
6. Air filtration systems shall utilize pleated, anti-microbial filter media.
15900 HVAC Instirumentation & Controls
l. CONTROL SYSTEMS%EQUIPMENT
1.1. All new control systems and components shall be electric/electronic; pneumatic control systems
and components shall be unacceptable.
1,2. The City's Design Standard for HVAC control includes �`Alerton", "Johnson Cantrols", "��:.,'r�,e,=,�'=,
`�� or "Tridium" e��eqt�al, only, to reduce necessity for personnel training and maintenance
parts stocking. Note that where an existing facility has standardized on one controls
manufacturer, that manufacturer's equipment shall be the design specification as fully integrated
with the existing systems. FM 03-04-10
1.3. The City's Design Standard for HVAC control system actuators is ��Belimo."
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Design Guidelines
1.4. Control systems for all new construction and major renovation projects shall be by faciliry
management systems (FMS.) (For purposes of consideration, major renovations shall loosely be
defined as projects where more than �30% of the value of HVAC equipment is to be replaced or
where the facility area is being expanded by more than �30%.)
1.5. HVAC control equipment for all lesser renovation project shall be by dedicated, seven-day
programmable thermostat that automatically correct for daylight-savings time changes. FMS
control systems shall be considered as alternate bid, unless otherwise approved.
1.6. Control systems shall be BACnet compatible, fully capable of networking with all system
equipment through this accepted communication protocoL
1.7. FMS controls shall provide programmable, password-limited, and web-accessible through the
City's Local- & Wide-Area Networks (LAN/WAN), where available: Coordinate design and
construction with the City's Information Technology Solutions Department (ITS).
1.8. At a minimum, FMS Controls shali provide optimum start/stop of primary`HVAC equipment
including all chiller, boiler, pump and fan systems. System control parameters shall be
monitored thrbugh the FMS including space- and outdoor-air temperatures. If conditions are
outside of established parameters, automatic_alarming capability shall be providetl both locaily
and remotely.
1.9. Control system drawings shail clearly indicate the sequence of operations for all controlled
systems, including but not limited to mechanical and elecErical systems.
2. HVAC SYSTEM TESTING & BALANCING
2.1. All mechanical systems shall be tested and balanced (TAB) according to engineers' specifications
and in accordance with accepted industry best-practice, with final reporting to the City.
2.2. Mechanical systems installed that result in under-design after TAB shall not be acceptable.
HVAC system design shall allow over-sizing of equipment only to overcome typical `system
effects' due to actual field conditions.
2.3. Mechanical systems shall be balanced in both cooling and heating modes where applicable.
2.4. Air-handling systems shall utilize in-line adjustable balancing dampers specific to that purpose to
facilitate system balancing.., Dampers shall be adjusted, locked and marked to positions meeting
design flows.
2.5. Circulating-water systems shall,utilize in-line adjustable balancing valves specific to that purpose
to facilitate system balancing. Valves shall be adjusted, locked and marked to positions meeting
design flows.
2.6. Installing contractors sha)I fully balance installed individual mechanical systems to design
specifications prior to project commissioning to be completed under separate contract and
subsequent substantiai`completion.
2.7. Final commissioning shall be separate from all other mechanical system subcontracts, performed
by a company different from the installing contractor. Commissioning contract costs shall be
included in the Schedule of Prices.
DIVISION i6 ELECTRICA�
1. All electrical systems and equipment shall be in accordance with the International Code Council's
(ICCs) Internationa) Energy Conservation Code (IECC) and all applicable state and local codes.
2: Equipment and materials shall be commercial/industrial grade, as-listed or as approved equals.
16010 Intrusion Alarms
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City of Fort Worth Facilities Management Group
� Design Guidelines
1. The City's Information Technology Services (ITS) Department shall be the design proponent for all
Intrusion Alarm Systems.
2. Facilities Intrusion Alarms shall be stand-alone systems.
3. Intrusion Alarms shall be dialed out over dedicated land-lines.
4. Construction contractors shall install contacts and conduits to the electronics closet and control box in
the assigned closet. ITS shall install controls and dialer under separate contract.
5. FIRE STATION SYSTEMS
5.1. Windows and doors shall be alarmed.
5.2. Master alarm shall be tied into the station alert system so that the "big red button" activates the
intrusion system with an adjustable delay.
5.3. Reset buttons shall be provided so stay-behind personnel can override the setting of the system.
5.4. Construction contractors shall install contacts and conduitsto the electronics closet and control
box in the assigned closet. ITS shall install the control system under separate contract.
5.5. Fire stations shall not have motion detectors a$ part of Intrusion Alarm Systems.
5.6. Central Fire-Dispatch shall be able to deactivate intrusion alarm systems.
16200 Electrical Power
1. Electrical wire shall be installed in EMT through J-boxes to feed fii�tures and other equipment. Drops
of less than 6-ft as whips to fixtures and equipment are generaliy acceptable. Conduits shall be
required for exterior wall wiring; MC is not acceptable in exterior walls. "
2. J-boxes shall be secured with all-thread rod to structures above cei(ings.
3. BX cabling shall not be acceptable.
4. Existing conduits to panels shall be cleaned-out in` renovation projects. Existing wiring that is unused
shall not be abandoned in place.
5. GENERATORS
5.1. Backup generators shall be natural gas-fired. Diesel fuel-fired generators may be acceptable.
5.2. Contractors shall purchase, furnish and install generator(s) and transfer switch(s).
5.3. The City's Design Standard for generators and transfer switches is "Onan."
6. The City's Design Standard for standard transformers, switch gear, contactors, relays, and limit
switches is "Square D."
7. The City's Design Standard for electrical panels is "Square D" model NQOD.
8. The City's Design SCandard for timeclocks and photocelis is ��TORK."
9. The City's Design Standard for power plugs and switches is "Hubbel."
16500 Lighting
1. Lighting design consideration shall be given to all current Illuminating Engineering Society (IES)
guidelines and standards.
2. The City's Design Standard for light fixtures is "Metalux", unless otherwise noted.
3. Ballasts for fluorescent and high-intensity discharge (HID) systems shall be electronic-type;
fluorescent system ballasts shall have total harmonic distortion (THD) of less than 20%. The City's
Design Standard is °Advance."
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Design Guidelines
4. Lighting system technologies shall be selected based on efficacy (lumens/Watt) using ballast and/or
lamp equipment readily and cost-effectively available to the City addressing maintenance concerns.
5. Where consideration is being given to architectural lighting fixtures that require specialty ballast
and/or lamp equipment, fixture specifications including operations and maintenance information,
shall be submitted to the City for consideration and approval prior to specification and installation.
6. EXTERIOR LIGHTING SYSTEMS
6.1. Systems shall be high-efficiency type with high-pressure sodium (HPS) lamps unless otherwise
approved.
6.2. Metal halide (MH) lamp/ballast systems shall be utilized where color rendition is important and
shall be considered as alternate bid to HPS systems.
6.3. Security pole light fixtures shall be single-lamp with mogul-base, unless otherwise approved.
The City's Design Standard is ��Wide-Lite" Large Round Supra-Lyte.
6.4. "Wall-pack" light fixtures shall include heat- and shock-resistant glass refractors, unless
otherwise approved. The City's Design Standard is ��Genlyte-Thomas" 500 Large. Wallcube
series.
6.5. Fixtures shall be designed and configured to prevent night-sky illumination.
6.6. Control shall be by either by astronomical time clock, photocell, a combination of the two or
through the facility management system, as available.
7. INTERIOR LIGHTING SYSTEMS
7.1. Systems shall be high efficiency-type with T8 fluorescent lamps unless otherwise approved.
7.2. T5 fluorescent lamp/ballast systems shall be considered as'alternate bid to T8 systems.
7.3: General area lighting shall be by recessed, 2x4, 2-lamp fixtures with white-polished reflectors.
Where necessary;'4-foot, 2-lamp'�wrap" fixtures may be used.
7.4. Compact fluorescent systems, shall be 2-piece, hard-wired units with separate lamp and ballast.
7.5. Incandescent lighting shall be utilized only where dimming is necessary or based on architectural
necessity. ;-
7.6. Recessed fluorescent fixtures shall be Type IC (sealed) wherever ceiling insulation is present,
with insulation laid on tops and sides to prevent warm moist air in attic from entering and
condensing inside the fixture (Model Energy Code 1995, 502.3.4 and 602.3.3)
7J. Exit signs shall be light-emitting diode (LED) lamp-type with battery back-up.
7.8. Local control shall be by wall and/or ceiling-mounted occupancy sensor witn dual-action,
detecting movement, sound and/or heat as suitable to the application. Manuai-only control shall
be considered�a's alternate bid to occupancy-sensor-based systems. One point of control is
unacceptable; each room to be independent. FM 03-04-10
DIVISION 17 TELEPHONE AND DATA
1. Dedicated telephone and data rooms shall be served by dedicated HVAC systems. Such HVAC
systems shall be wired to emergency power circuits whenever possible.
2. Dedicated HVAC equipment for telephone and data rooms shall be connected and alarmed through
the FMS where present or anticipated, with local override controls provided nearest the room door.
ASD_Design Guidelines_DRAFT_SO]UN10 (6).doc Page 17 of 28
C� of Fort Worth Facilities Management Group
Design Guidelines
3. Telephone and data installations shall be coordinated with both the City's Communications Services
Division and the City's Facilities Management Group in order to determine equipment support
requirements.
4. Telephone and data conduits, connection jacks, computers and associated communications
equipment shall be clearly indicated on all contract documentation, where feasible.
5. Telephone and data equipment rooms shall include specialty equipment racks as necessary and be
devoid from all power panels, mechanical equipment and combustibles.
6. Contractor shall instail all conduits, ducts and raceways with pull lines and ]-boxes in walis,
7. The City's Information Technology Services (ITS) Department shall provide and pull all
communications and data wire and install all jacks and equipment.
8. Public address (PA) system paging shall be performed through the telephone system.
9. FIRE STATIONS
9.1. Fire Station PA systems shall have speakers in every area with speaker volume controls
mounted adjacent to the room light switches.
9.2. Fire Stations shall have dual speakers with'call-alerts' dedicated to the second speaker. `Call-
alert' speakers shall have no volume adjustment.
Revisions & Updates
r ,. ,
'�Da�e� :���� , �. � �: .Section .: � : � Descri `taon �
2010, June 30 Memo, 0ivisians 07, Arch.Svcs., Fac.Maint. & Res.Cons. Updates
° 08 09 10, 15 16
Divisions 02, 07, 08,
2007, May 31 09 12 15 16 17 Arch.Svcs., Fac.Maint. & Res.Cons. Updates
2007, July 27 DiVisions 02, 07;'08, Arch.Svcs., Fac.Maint. & Res.Cons. Updates
'� 09 12' 15 16 17
2006 ;Jul 30 All Divisions Arch.Svcs. Fac.Maint. & Res.Cons. U dates
20d5 7ul 26 AO' Divisions Arch.Svcs. Fac.Maint. & Res.Cons. U dates
2004 Jul 13 Divisions 09 & 15 Finishes & Air Conditionin
2004 Ma ''13 _ Division 16 Sealed Recessed Li ht Fixtures
2003 March 04'.; NA - NA
2003 Februa 19 NA NA
2002 October 14 NA Fire Station 8 Revisions
2002 Se tember 09 -` NA Fac.Maint. U dates from ESPC Phase 1
The Design Guidelinesare the responsibility of the Facility Management Group's Architectural
Services Division Manager. Comments and suggestions may be submitted to their attention at
Architectural Services, 401 West 13"' Street, Fort Worth, Texas 76102.
ASD_Design Guidelines DRAFT_30JUN10 (6).doc Page 18 of 28
Construction Specifications Institute Divisions & Sections
CSI MasterFormat 1995 (MF95)
01000 General Data 06000 Wood & Plastics
01100 NA 06100 Rough Carpentry
01200 Price & Payment Procedures 06200 Finish Carpentry
01300 Administrative Requirements 06300 NA
01400 Quality Requirements 06400 Architectural Woodwork
01500 Controls 06500 Structural Plastics
01600 Delivery... 06600 Piastic Fabrications
01700 Protection... 06700 NA
01800 Facility Operation 06800 NA
01900 NA 06900 Wood/Plastic Restoration & Cleaninq
02000 Site Construction 07000 Therma) & Moisture Protection
02100 Site Remediation 07100 . Waterproofing & Damp-proofing
02200 Site Preparation 07200 Thermal Profection
02300 Earthwork 07300 Shingles, Roof Tiles & Roof Coverings
02400 Tunneling, Boring & Jacking 07400 Roofing & Siding Panels
02500 Utility Services > 07500 Membrane Roofing
02600 Drainage & Containment 07600 Flashings & Sheet Metal
02700 Base, Ballasts, Pavements & Appurtenances 07700 , Roof Specialties & Accessories
02800 Site Improvements & Amenities 07800 `` Fire & Smoke Protection
02900 Planting 07900 "' Sealants Caulkin & Seals..
03000 Concrete 08000 Doors & Windows
03100 Concrete Formwork 08100 Metal Doors & Frames
03200 Concrete Reinforcement ' 08200 Wood & Plastic Doors & Frames
03300 Cast-in-Place Concrete 08300' Specialty Doors
03400 Pre-cast Concrete- ` 08400 fntrances & Storefronts
03500 Cementitious Decks 08500 Windows
03600 Grout 08600 Skylights
03700 Mass Concrete,Placement 08700 Hardware
03800 NA 08800 Glazing
03900 Concrete Restoration & Cleaning > 08900 Glazed Curtain Walls
04000 Mason;ry" 09000 Finishes
04100 Materials & Methods .. 09100 Metal Support Assemblies
04200 ` Masonry Units 09200 Plaster & Gypsum Board
04300 ` NA 09300 Tile
04400 Stone 09400 Terrazzo
04500 Refractories.. 09500 Ceilings
04600 Corrosion-resistant Masonry 09600 Flooring
04700 Simulated/Manufactured Masonry 09700 Waii Finishes
04800 Masonry Assemblies 09800 Acoustical Treatments
04900 Masonry Rest6ration & Cleaning 09900 Paints & Coatin s
05000 Metals 10000 Specialties
05100 Structural Metal Framing 10100 Boards, Partitions, Cubic%s..
05200 Metal Joists 10200 Louvers & Vents
05300 Metal Decking 10300 Fireplaces & Stoves
05400 Cold-formed Metal Framing 10400 Identification Devices �
05500 Metal Fabrications 10500 Lockers
05600 Hydraulic Fabrication 10600 Gates, Screens, Panels, Partitions..
05700 Ornamental Metal 10700 Sun Contr% Te%phone Specia/ties...
05800 Expansion Control 10800 Toilet, Bath & Laundry Accessories
05900 Meta/Restoration & C/eaning... 10900 Wardrobe & Closet Specialties
ASD_Design Guidelines_DRAFT_30]UN10 (6).doc Page 19 of 28
Construction Specifications Institute Divisions & Sections
11000
11100
11200
11300
11400
11500
11600
11700
11800
11900
Equipment
Mercantile Equipment...
Water Supply & Treatment Equipment
Fluid Waste Treatment & Disposal Equip.
Food/Fitness Ser�ice Equipment...
Industrial & Process Equipment
�aboratory Equipment
Medical & Hospital Equipment
Public Safety & Agricvltural Equipment ..
NA
16000
16100
16200
16300
16400
16500
16600
16700
16800
16900
Electrical
Power & Communications ..
Electrical Power
Transmission & Distribution
Low-voltage Distribution
Lighting
NA
Communications
Sound & Video
NA
120Q0 Furnishings 17000 Telephone & Data
12100 Artwork 17100 NA
12200 NA 17200 NA '
12300 Manufactured Casework 17300 NA
12400 Furnishings & Accessories 17400 NA
12500 Furniture 175Q0 NA
12600 Multiple Seating 17600 NA
12700 Systems Furniture 17700 NA
12800 Interior Plants & Planters 17800 NA
12900 NA 17900 . NA
13000 Special Construction
13100 Light`ing Protection, Pre-engineered...
13200 Liquid & Gas Storage Tanks & Basins ..
13300 NA
13400 Measurement & Control Instrumentation '
13500 Recording Instrumentation
13600 Solar & Wind Energy Eguipment
13700 Security Access &Surveillance
13800 Building Control & Autorriakion
13900 Fire Suppression
14000 Conveying Systems
14100 Dumbwaiters
14200 Elevators
14300 Escalators.,'
14400 Lifts
14500 ' Materials Handling
14600 `Hoists & Cranes
14700 Turntables.
14800 Scaffolding
14900 Transportation
15000 Mechanical
15100 Building Seniices Piping
15200 Process Piping
15300 Fire Protection Piping
15400 Plumbing Fixtures & Equipment
15500 Heat Generation Equipment
15600 Refrigeration Equipment
15700 HVAC Equipment
15800 Air Distribution
15900 HVAC Instrumentation & Controls
ASD_Design Guidelines_DRAFT_30JUN10 (6).doc Page 20 of 28
Construction Specifications Institute Divisions & Sections
CSI MasterFormat 2004 (MF04)
PRUCUREMENT & CONTRACTING REQUIREMENTS GROUP
Div.00 Procurement & Contracting Requirements
SPECIFICATIONS GROUP
General Requirements Subgroup
Div.01 Genera) Requirements
Facilities Construction Subgroup
Div.02 Existing Construction
Div.03 Concrete
Div.04 Masonry
Div.05 Metals
Div.06 Wood, Plastics & Composites
Div.07 Thermal & Moisture Protection
Div.08 Openings
Div.09 Finishes _
Div.10 Specialties
Div.11 Equipment
Div.12 Furnishings
Div.13 Special Construction
Div.14 Conveying Equipment
Facility Services Subgroup
Div.21 Fire Suppression
Div.22 Plumbing
Div.23 HVAC
Div.25 Integrated Automation
Div.26 Electricai
Div.27 Communications
Div.28 Electronic Safety & Security
Site & Infrastructure Subgroup
Div.31 `Earthwork
Div.32 F.xterior Improvements
Div.33 Utilities
Div.34 Transportation
Div.35 Wateriivay& Marine�Construction
Process Equiament Su6qroup
Div:40
Div.41
Div.42
Div.43
Div.44
Div.45
Div.48
Process Integration
Material Processing & Handling Equipment
Process Heating, Cooling & Drying Equipment
Process Gas & Liquid Handling, Purification, and Storage Equipment
Poliution Control Equipment
Industry-Specific Manufacturing Equipment
Electrical Power Generation
ASD_Design Guidelines_DRAF?_307UN10 (6).doc Page 21 of 28
Construction Specifications Institute Divisions & Sections
PRQCUREMENT & GONTRACTING REOUIREMENTS GROUP
Div.00 Procurement & Contracting Requirements
00.00 Introductory Information
00.10 Solicitation
00.20 Instructions for Procurement
00.30 Available Information
00.40 Procurement Forms & Supplements
00.50 Contracting Forms & Supplements
00.60 Project Forms
00.70 Conditions of the Contract
00.90 Revisions, Clarifications, & Modifications
SPECIFICATIOfVS GR(3UR
General Requirements Subgroup
Div.01 Genera) Requirements
01.00 General Requirements
01.10 Summary
01.20 Price & Payment Procedures
01.30 Administrative Requirements
01.40 Quality Requirements
01.50 Temporary Facilities & Controls
01.60 Product Requirements
O1J0 Execution & Closeout Requirements
01.80 Performance Requirements
01.90 Life Cycle Activities
Facilities ConstrucCion Subgroup .
Div.02 Existing Construction
02.00 Existing,Conditions,
02.20 Assessment
02.30 Subsurface Investigation `
02.40 Demolition.& Structure Moving
02'S0 Site Remediation
02.60 - Contaminated Site Material Removal
02J0 : Water Remediation
02.80 Facility Remediation
Div.03 Concrete '"
03.00 Concrete
03.10 Concrete Forming & Accessories
03.20 Concrete Reinforcing
03.30 Cast-In-Place Concrete
03.40 Precast Concrete
03.50 Cast Decks & Underlayment
03.60 Grouting
03J0 Mass Concrete
03.80 Concrete Cutting & Boring
ASD_Design Guidelines_DRAFT_30]UN10 (6).doc Page 22 of 28
Construction Specifications Institute Divisions & Sections
Div.04 Masonry
04.00 Masonry
04.20 Unit Masonry
04.40 Stone Assemblies
04.50 Refractory Masonry
04.60 Corrosion-Resistant Masonry
04.70 Manufactured Masonry
Div.05 Metals
05.00
05.10
05.20
05.30
05.40
05.50
05.70
Metals
Structural Metal Framing
Metal ]oists
Metal Decking
Cold-Formed Metal Framing
Metal Fabrications
Decorative Metal
Div.06 Wood, Plastics & Composites
06.00 Wood Plastics & Composites
06.10 Rough Carpentry
06.20 Finish Carpentry
06.40 Architectural Woodwork
06.50 Structural Plastics
06.60 Plastic Fabrications
06.70 Structural Composites
06.80 Composite Fabrications
Div.07 Thermal & Moisture.Protection
07.00 Thermal & Moisture Protection
07.10 Dampproofing & Waterproofing
07.20 Therrrral Protectioii/Weather Barriers '
07.30 Steep SlopeRoofing ,<,
07.40 . Roofing & Siding Panels
0750 Membrane Roofing
�07.60 Flashing:& Sheet Metal
07J0 Roof & Wal! Speciaities & Accessories
<`07.80 Fire & Smoke ProtecEion
07;90 ]oint Protection
Div.08 Openings
08.00 `` Op.enings
08.10 Doors & Frames
08.30 Specialty Doors & Frames
08.40 Entrances, Storefronts, & Curtain Walls
08.50 Windows
08.60 Roof Windows & Skylights •
08.70 Hardware
08.80 Glazing
08.90 Louvers & Vents
ASD_Design Guidelines_DRAFT 30]UN10 (6).doc Page 23 of 28
Construction Specifications Institute Divisions & Sections
Div.09 Finishes
09.00 Finishes
09.20 Plaster & Gypsum Board
09.30 Tiling
09.50 Ceilings
09.60 Flooring
09.70 Wall Finishes
09.80 Acoustic Treatment
09.90 Painting & Coating
Div.10 Specialties
10.00 Specialties
10.10 Information Specialties
10.20 Interior Specialties
10.30 Fireplaces & Stoves
10.40 Safety Specialties
10.50 Storage Specialties
10.70 Exterior Specialties
10.80 Other Specialties
Div.11 Equipment
51.00 Equipment
11.10 �ehide/Security Equipment
11.20 Commercial Equipment
11.30 Residential Equipment
11.40 Foodservice Equipment
11.50 Educational & Scientific Equipment ` '
11.60 Entertainment/Athletic/Recreational Equipment
11.70 Healthcare Equipment
11.80 Collection & Disposal Equipment ,
11.90 Other Equipmenf
Div.12 Furnishings
12.00 Furnishings
12.10 Art ' `
12.20 Window.Treatments
12.30 Casework .'
' 12:40 Furnishings &Accessories
12.50 , Furniture
12.60 Multiple Seating
12.90 `Other Furnishings
Div.13 Special Construction
13.00 Special Construction
13.10 Special Facility Components
13.20 Special Purpose Rooms
13.30 Special Structures
13.40 Integrated Construction
13.50 SpecialInstrumentation
ASD_Design Guidelines_DRAFr 30JUN10 (6).doc Page 24 of 28
Construction Specifications Institute Divisions & Sections
Div.14 Conveying Equipment
14.00 Conveying Equipment
14.10 Dumbwaiters
14.20 Elevators
14.30 Escalators & Moving Walks
14.40 Lifts
14,70 Turntables
14.80 Scaffolding
14.90 Other Conveying Equipment
Facility Services Subgroup
Div.21 Fire Suppression
21.00 Fire Suppression
21.10 Water-Based Fire-Suppression Systems
21.20 Fire-Extinguishing Systems
21.30 Fire Pumps
21.40 Fire-Suppression Water Storage
Div.22 Plumbing
22.00 Plumbing
22.10 Plumbing, Piping, & Pumps
22.30 Plumbing Equipment
22.40 Plumbing Fixtures
22.50 Pool & Fountain Plumbing Systems
22.60 Gas & Vacuum Systems...
Div.23 Heating, Ventilating, & Air-Conditioning
23.00 HVAC
23.10 Facility Fuel Systems
23.20 HVAC Piping & Purrips
23.30 HVAC Air Distribution
23.40 _HVAC Air Cleaning Devices�, �
23.50 Central HeatingEguipment
`23.60 Central Cooling Equipment
< 23J0 Central HVAC Equipment
23.80 Decentraliz"ed HVAC Equipment
Div.25 Integrated Automation
25.00 ,'Integrated Automation
25.10 Integrated;Automation Network Equipment
25.30 Integrated Automation Instrumentation & Terminal Devices
25.50 Integrated Automation Facility Controls
25.90 Integrated Automation Contro) Sequences
Div.26 Electrical
26.00 Electrical
26.10 Medium-Voltage Electrical Distribution
26.20 Low-Voltage Electrical Transmission
26.30 Facility Electrical Power Generating & Storing Equipment
26.40 Electrical & Cathodic Protection
26.50 Lighting
ASD_Design Guidelines_DRAFT 307UN10 (6).doc Page 25 of 28
Construction Specifications Institute Divisions & Sections
Div.27 Communications
27.00 Communications
27.10 Structured Cabling
27.20 Data Communications
27.30 Voice Communications
27.40 Audio-Video Communications
27.50 Distributed Communications & Monitoring Systems
Div.28 Electronic Safety & Security
28.00 Electronic Safety & Security
28.10 Electronic Access Control & Intrusion Detection
28.20 Electronic Surveillance
28.30 Electronic Detection & Alarm
28.40 Electronic Monitoring & Control
Site & Infrastructure Subqroup
Div.31 Earthwork
31.00 Earthwork
31.10 Site Clearing
31.20 Earth Moving
31.30 Earthwork Methods
31.40 Shoring & Underpinning
31,50 Excavation Support & Protection
31.60 Special Foundations & Load-Bearing Elements
31J0 Tunneling & Mining
Div.32 Euterior Improvements
32.00 Exterior Improvements
32.10 Bases; Ballasts, & Paving
32.30 Site ImproGements - '
32J0 Wetlands
�32.80 ��Trrigation �
` 32.90 Planting ,
Div.33 Utilities
`33:00 Utilities
33.10 _ Water Utilities'
33.20 Wells
33.30 "Sanitary Sewerage Utilities
33.40 Storrri Drainage Utilities
33.50 Fuel Distribution Utilities
33.60 Hydronic & Steam Energy Utilities
33.70 Electrical Utilities
33.80 Communications Utilities
ASD_Design Guidelines DRAFT_307UN10 (6).doc Page 26 of 28
Construction Specifications Institute Divisions & Sections
Div.34 Transportation
34.00 Transportation
34.10 Guideways/Railways
34.20 Traction Power
34.40 Transportation Signaling & Control Equipment
34.50 Transportation Fare Collection Equipment
34.70 Transportation Construction & Equipment
34.80 Bridges
Div.35 Waterway & Marine Construction
35.00 Waterway & Marine Construction
35.10 Waterway & Marine Signaling & Control Equipment :
35.20 Waterway & Marine Construction & Equipment
35.30 Coastal Construction
35.40 Waterway Construction & Equipment
35.50 Marine Construction & Equipment
35J0 Dam Construction & Equipment
Process Equipment Subgroup
Div.40 Process Integration
40.00 Process Integration
40.10 Gas & Vapor Process Piping ,
40.20 Liquids Process Piping
40.30 Solid & Mixed Materials Piping & Chutes
40.40 Process Piping & Equipment Protection
40.80 Commissioning of Process Systems '
40.90 Instrumentation & Control for Process Systems
Div.41 Material Processing & Handling Equipment
41.00 Mater'ial Processing & Handling Equipment
41.10 Bulk Material Processing Equipment
41.20 Piece Material Handling Equipment
. 41.30 " Manuf�
41.40 Contaii
41.50 Materi�
<;41.60 Mobile
Div.42 ProcE
42.00
42.10
42.20
42.30
�essing & Packaging
ge
auiomenf
Heating, Cooling & Drying Equipment
rocess Heating, Cooling & Drying Equipment
rocess Heating Equipment
rocess Cooling Equipment
rocess Drying Equipment
Div.43 Process Gas & Liquid Handling, Purification, and Storage Equipment
43.00 Process Gas & Liquid Handling, Purification, and Storage Equipment
43.10 Gas Handling Equipment
43.20 Liquid Handling Equipment
43.30 Gas & Liquid Purification Equipment
43.40 Gas & Liquid Storage
ASD_Design Guidelines_DRAFT 307UN10 (6).doc Page 27 of 28
Construction Specifications Institute Divisions & Sections
Div.44 Pollution Control Equipment
44.00 Pollution Control Equipment
44.10 Air Pollution Control
44.20 Noise Pollution Control
44.40 Water Treatment Equipment
44.50 Solid Waste Control
Div.45 Industry-Specific Manufacturing Equipment
45.00 Industry-Specific Manufacturing Equipment
Div.48 Electrical Power Generation
48.00 Electrical Power Generation
48.10 Electrical Power Generation Equipment
48J0 Electrical Power Generation Testing
ASD_Design Guidelines_DRAFT_30JUN10 (6).doc Page 28 of 28
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